MEET Packet 33e4eea4e7b94c7f8b7652a49e80bfb8

CITY COUNCIL
MEETING AGENDA
Online via Zoom and In Person at

Tumwater City Hall, Council Chambers,
555 Israel Rd. SW, Tumwater, WA 98501
Tuesday, December 03, 2024

7:00 PM
1. Call to Order
2. Roll Call
3. Flag Salute
4. Special Items:
a. Firefighter of the Year (Fire Department)
5. Public Comment: (for discussion of items not having a public hearing on tonight's agenda)
6. Consent Calendar:
a. Approval of Minutes: City Council Work Session November 12, 2024
b. Payment of Vouchers (Finance Department)
c. Resolution No. R2024-018, Surplus Property (Finance Department)
d. Interlocal Agreement with the Regional Housing Council for the Franz Anderson Project
Amendment No. 1 (General Government Committee)
e. Interlocal Agreement with Thurston County Prosecuting Attorney’s Office for Prosecution
Services (Public Health & Safety Committee)
f. Service Provider Agreement with Pacific Testing & Inspection for On-Call Material Testing
Amendment No. 3 (Public Works Committee)
g. Service Provider Agreement with Materials Testing & Consulting for On-Call Material Testing
h. Supplemental Agreement No. 1 with Tierra ROW for X Street Roundabout Project (Public
Works Committee)
i. Service Provider Agreement with HDR Engineering for Old Highway 99 and 79th Avenue
Roundabout Project Amendment No. 1 (Public Works Committee)
j. Service Provider Agreement with Cardinal Architecture for the Historic Brewery Tower Project
k. Authorization for Settlement (Finance Department)
l. Reappointment of Blake Chard to the Civil Service Commission (Executive Department)
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m. Cancellation of the December 17th Regular Council Meeting (Executive Department)
7. Council Considerations:
a. Ordinance O2024-005, Development Code Administration (General Government Committee)
b. Ordinance O2024-007, 2025-2026 Biennial Budget (Finance Department)
c. Resolution R2024-015, Affirming the Council’s commitment to equality, dignity and the
protection of civil rights, and standing against hate, bigotry and discrimination (Public Health &
Safety Committee)
8. Mayor/City Administrator's Report
9. Committee Reports
a. Public Health and Safety Committee (Peter Agabi)
b. General Government Committee (Michael Althauser)
c. Public Works Committee (Eileen Swarthout)
d. Budget and Finance Committee (Debbie Sullivan)
10. Councilmember Reports
11. Any Other Business
12. Adjourn
Hybrid Meeting Information

The public are welcome to attend in person, by telephone or online via Zoom.
Watch Online
Go to http://www.zoom.us/join and enter the Webinar ID 870 6339 1724 and Passcode 909613.
Listen by Telephone
Call (253) 215-8782, listen for the prompts and enter the Webinar ID 870 6339 1724
and Passcode 909613.
Public and Written Comment

Attend in person to give public comment or register by 6:45 p.m. the day of the meeting to provide
public comment using the web-based meeting platform:
https://us02web.zoom.us/webinar/register/WN_pvmL6VOrQ-SmKjQENJuwUw
After registering, you will receive a confirmation email with a login to join the online meeting.
As an alternative, prior to the meeting, the public may submit comments by sending an email to
[email protected], no later than 5:00 p.m. on the day of the meeting. Comments are
submitted directly to the Mayor and City Councilmembers and will not be read individually into the
record of the meeting.
Post Meeting
Video of this meeting will be recorded and posted on our City Meeting page located here:
https://tumwater-wa.municodemeetings.com.
Accommodations
The City of Tumwater takes pride in ensuring that people with disabilities are able to take part in, and
benefit from, the range of public programs, services, and activities offered by the City. To request an
accommodation or alternate format of communication, please contact the City’s ADA Coordinator
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directly, call (360) 754-4129 or email [email protected]. For vision or hearing
impaired services, please contact the Washington State Relay Services at 7-1-1 or 1-(800)-833-6384.
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Item 6a.
TUMWATER CITY COUNCIL WORK SESSION

MINUTES OF VIRTUAL MEETING
NOVEMBER 12, 2024 Page 1
CONVENE: 6:03 p.m.
PRESENT: Mayor Debbie Sullivan and Councilmembers Peter Agabi, Michael

Althauser, Joan Cathey, Leatta Dahlhoff, Angela Jefferson, Eileen
Swarthout, and Kelly Von Holtz.
Staff: City Administrator Lisa Parks, City Attorney Karen Kirkpatrick,
Finance Director Troy Niemeyer, Community Development Department
Director Michael Matlock, Administrative Services Department Director
Michelle Sutherland, Fire Chief Brian Hurley, Police Chief Jon Weiks,
Transportation and Engineering Department Director Brandon Hicks,
Parks and Recreation Department Director Chuck Denney, Assistant
Finance Director Shelly Carter, Assistant Fire Chief Shawn Crimmins,
Communications Manager Jason Wettstein, Police Commander Jay
Mason, IT Manager Lance Mason, and Deputy City Clerk Tracie Core.
BUDGET City Administrator Parks recapped information covered during the first
WORKSHOP NO. 3: two budget workshops. The budget is framed around the Vision and
Mission statements for the City of Tumwater, as well as a series of
beliefs helping guide the budget development process.
The approach and strategy for addressing the larger needs of the City and
the community are based on existing resources established within the
next biennium budget and guided by the Council’s Strategic Priorities
and Goals. The City continues to fund services and programs within
available resources using some ending fund balance monies and
deferring some costs to the extent possible while also adding modest
levels of additional revenue from existing tools. Staff and the Council
will continue exploring creative options for identifying new and different
revenue sources to address existing shortfalls and to balance existing
resources. In 2025, the City will embark on a process to realign expenses
and revenues with community’s needs. A community survey will be
released to identify service expectations and willingness by the
community to pay for different services and programs.
The City’s financial policies guide the development of the budget. The
policies were adopted in 2018 and updated in 2022. Rating bureaus for
issuing bonds seek financial policies from municipalities as part of the
bond financing process.
City Administrator Parks reviewed the Council’s updated Strategic

Priorities and identified a series of goals to accomplish over the next
biennium in support of the Strategic Priorities.
City Administrator Parks outlined the process for development and

adoption of the final budget and major budget priorities and goals
included in the 2025/2026 City Budget:
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Item 6a.

 Non-Represented Salary Increases – 14% average increase

 COLA Increase – 2% in 2025 and 2.5% in 2026
 New positions – 39 (with 4 reclassifications)
Information on employee attrition reflects a rate of 10.8% with 25

employees leaving the City. Some departures were attributed to policy
violations or failure to successfully complete probationary periods,
retirements, or accepting other positions with other agencies/employers.
The City successfully filled 37 positions of which eight positions were
internal promotions.
Director Niemeyer reviewed a comparison of City budgets over several

bienniums for revenues. For the first time, sales tax is the City’s largest
source of revenue over property tax. The City’s financial toolbox is
limited in terms of tools available to increase revenue, such as changes in
level of service/programs, revenue increases (taxes and fees), and
increasing efficiencies (implementation of the City’s new financial
reporting system (ERP) and other technology improvements).
The proposed budget includes an increase in the utility tax for all City
utility services from 6% to 12% in addition to utility rate increases for
water, sewer, and storm. The City offers three utility payment assistance
programs for customers experiencing financial difficulties. The City has
not increased the utility tax since 1991.
Suggestions were offered on the importance of increasing visibility of the

City’s utility assistance programs to help offset the impacts of rates and
utility tax increases because many in the community are unaware of the
programs. In terms of the proposed utility tax increase, City
Administrator Parks explained that projected revenues include the 12%
utility tax increase within the general fund.
Director Niemeyer reviewed projected revenues and proposed

expenditures by department. Total expenditures for the budget biennium
in the general fund are $100.2 million. Drivers of expenditures include
salaries and benefits for employees (nearly 70%), salary adjustments,
inflation, increased demand, facility and infrastructure maintenance,
technology investments, regional partnerships, green investments, and
increased public expectations.
The Council discussed the inclusion of information reflecting how

various increases in expenditures affect the overall budget and reasons
for proposing different increases to balance the budget. One example
was conveying how the rate of inflation and COLAs impact the budget
compared to previous bienniums. City Administrator Parks shared that
the City has experienced an increase in liability insurance in 2020 of less
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Item 6a.

than $300,000 to over $800,000 in 2024. Other factors are employee

costs, minimum staffing levels, overtime, long-term employee insurance
programs, and the competitive hiring market that contribute to the
increase in the cost of doing business.
Director Niemeyer addressed questions about the reasons for the

substantial increase in the City’s liability insurance. The increase is not
reflective of the City’s claim history but is based on the insurance market
with increased liabilities surrounding police shootings, lawsuits, and
overall increases in the insurance market since 2020. The City
participates in an insurance pool administered by the Washington Cities
Insurance Authority (WCIA).
City Administrator Parks shared a pie chart depicting general fund

expenditures by expenditure type. At this time, the City has limited debt
service reflecting an increased capacity for the City to fund large capital
projects. Another graph outlined the beginning fund balance, projected
revenue, projected expenditures, and budgeted ending fund balance.
Over time, the City has reduced the reliance on the ending fund balance
to help balance the next biennial budget. To date, the City has reduced
the use of the ending fund balance by half since October 2022. Reliance
on the ending fund balance to assist in balancing the budget is a common
practice by other local municipalities. Additionally, the City has
mandated and dedicated reserve accounts. Those funds include
emergency reserve funds, facility reserve funds, and several other funds.
Director Niemeyer explained that the proposed budget forecasts the use
of approximately $5 million of ending fund balance. The fund balance is
at the highest amount with the amount increasing over the last four years.
According to the financial policy, the minimum ending fund balance
required is $8.6 million based on 17% of annual expenditures per best
practices from the Government Finance Officers Association.
In response to questions on whether the use of ending fund balance is

reflective of one-time costs or ongoing costs, City Administrator Parks
explained that in the past, the budget was balanced by the use of ending
fund balance primarily for one-time costs. However, because of market
increases, utilization of ending fund balance is required to balance and
stabilize costs necessary over the next two years while also exploring
other possible sources of revenue and innovative ways of accomplishing
needs. One option is the possibility of reprioritizing services and
programs dependent upon the results of the community survey. A major
reason for the gap is largely the structural deficit of property tax caused
by the 1% limit on a property tax increase. She emphasized that the use
of ending fund balance is not a long-term strategy and that over the next
two years staff and the Council will explore options for balancing
revenues, priorities, and expenditures.
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Item 6a.

City Administrator Parks and Director Niemeyer reviewed some

proposed revisions and adjustments by department/fund:
 Legislative Department: The original proposal anticipated a

retreat facilitator and a consultant to assist in updating Strategic
Priorities. Some assumptions are included for the Council’s
travel and training budget. Revisions include reducing costs of
the Council retreat and retaining general operating expenses at
2023/2024 levels.
 Non-Departmental – Intergovernmental services, state audit
costs, election costs, regional contributions, and social services:
The budget includes some carryover projects from the previous
biennium. The Tumwater childcare grant program through the
Thurston Economic Development Council (EDC) carryover is
$350,000 in addition to $275,000 for the Franz Anderson
project. The Council discussed the lag by the EDC in utilizing
funding of $350,000 for the childcare project. Other costs
include assistance to assess City Hall space needs and security
enhancements, costs for interim and extra space costs to
accommodate program changes, Historic Brewtower Strategic
Plan, property abatement of nuisance properties, some costs
associated with the implementation of the Habitat Conservation
Plan, brownfield redevelopment, support for Council meetings,
public relations assistance for a potential ballot proposition to
renew the Transportation Benefit District and a levy lid lift for
the Metropolitan Park District, a community survey, costs for
establishment of the Equity Commission and planning, and a
10-year financial strategy and planning tool.
 Finance Department: Addition of a new position and associated
equipment, professional services support for annual financial
report, increased credit card processing fees, and an increase in
public defense costs from Thurston County based on potential
changes in case load standards by the state. Recent revisions
include removal of the new position, elimination of support for
preparation of the annual financial report, and retaining the
current level of public defense costs.
 Parks and Recreation Department: The revised budget includes
some limited funds for maintaining parks and City facilities in
addition to Metropolitan Park District funding for maintenance.
City Administrator Parks advised that the budget includes funds
to complete a Parks, Recreation, and Open Space Plan.
Completion of the plan will enable the City to qualify for grant
funding from the State Recreation and Conservation Office.
Director Denney reviewed the status of some park
improvements and removal of some park play toys in disrepair
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Item 6a.

because of liability to the City. Play structures, despite the cost,

are not included as a capital project in the Capital Facilities
Plan. City Administrator Parks advised of the possibility of
creating a CFP for parks for long-term planning for replacement
of park structures.
 Police Department: The original budget included 11 positions
and equipment/vehicles to support those positions. Three of the
positions and equipment support the body-worn camera program
and eight positions would support implementation of the Police
Department Strategic Growth Plan. The Regional Law
Enforcement Records Management System is administered by
the Tumwater Police Department. That system is shifting to a
new program and is in process. Current revisions include
retention of the body-worn camera personnel (3 positions) and
deferral of the implementation of the Police Department
Strategic Growth Plan. The budget also includes estimates of
specialty pay associated with body-worn cameras for police
officers. The cameras will be leased rather than purchased.
Other costs associated with the new program are software costs
to meet public disclosure request requirements, as well as
hardware. The annual cost of the program over two years is less
in the first year than the second year for a total of $850,000. A
savings option would delay deployment of the units until the
first quarter of 2027. City Administrator Parks described the
steps necessary to implement the body-worn camera program
and car cameras. The budget includes implementation of the
body worn camera program in 2025/2026 with the possibility of
delaying some of the costs by deploying the program in the next
biennium. Additionally, Thurston County Proposition 1 funds
are included in the revenue projections. Police Commander
Mason answered questions on the details of implementing the
body-worn camera program for all commissioned officers
within the police department, body-worn camera operational
policies, and outreach efforts to address community
expectations. The Police Guild supports implementation of the
program. Councilmember Althauser expressed interest in the
Council engaging in a policy discussion about the new program.
 Fire Department: The original budget included 17 new
positions with nine of the positions in support of the additional
medic unit and eight positions for implementation of the Fire
Department Strategic Growth Plan. Other items include
implementation of the FD Cares Program in collaboration with
the Olympia Fire Department. Revisions include retaining the
nine positions for the new medic unit and deferral of the
remaining positions as well as associated reductions in costs of
equipment and gear.
 Community Development: The budget includes the addition of
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Item 6a.

one position and a reclassification of a position, ongoing efforts

on the Habitat Conservation Plan, and the update of the
Comprehensive Plan.
 Water Resources & Sustainability Department: the original
budget request included two new positions and one
reclassification. The revised budget would only fund one
position of the Urban Forester (partially funded by a grant) and
the reclassification of one position with the department
continuing to focus on grant-funded programs and projects.
 Transportation and Engineering Department: The budget
includes one new position which has been deferred
(Procurement). One position is included for Transportation -
Operations (Signal Technician).
City Administrator Parks reviewed the category of special revenue funds

that are restricted and utilized for specific purposes:
 Affordable Housing Sales Tax
 Domestic Violence Prevention
 Lodging Tax Fund
 Development Fees Fund
 Barnes Lake
 Transportation Benefit District (voter approved)
 Metropolitan Park District (voter approved)
 Debt Service (Golf Course & Fire Engine)
City Administrator Parks referred the Council to information on the

Capital Facilities Plans for General Government and Transportation
projects.
Utility funds include:

 Water
 Sewer
 Storm
Other funds include:

 Golf
 ER&R Fund (Vehicles and Equipment)
 502 IT ER&R Fund (New and specific to IT and includes creation
of a new IT Department to centralize IT services and maximize
purchasing advantages for equipment and software and
reclassification of the manager to IT director. An amendment to
an ordinance is required by the Council for consideration before
the end of the year).
As required by state statute, utility or propriety funds must be self-
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Item 6a.

supporting with user fees covering the full cost of the utility service to
include both capital and operating costs.
The Golf fund generates revenue and requires a transfer from the general
fund to support the golf course. The golf course is scheduled for
evaluation by the Council next year. This year, some improvements
were identified in the facilities budget for the golf course that were
subsequently removed and added to the Golf fund to track all golf course
costs comprehensively.
Discussion ensued on placing the ordinance for the new IT Department

as a consent calendar item or Council Consideration item. City
Administrator Parks reviewed the meeting agendas for the two Council
meetings in December. The second public hearing on the budget is
scheduled on November 19, 2024. City Administrator Parks advised that
an amendment for the 2023-2024 City Budget is unnecessary and should
be removed from the draft agenda. The Council supported adding the IT
proposal as a Council Consideration item.
City Administrator Parks reviewed agenda items for the meeting of the
Tumwater Metropolitan Park District scheduled on
Director Niemeyer reported on the potential of switching the version of

the new ERP system from on-premise to the cloud, as the vendor no
longer supports the on-premise version. The switch will require a
contract amendment for review and consideration by the Council. The
funds for the change are included in the budget in the General
Government CFP. Additionally, the program designated two project
managers. Due to changing staffing needs, the program has operated
with one project manager. However, as modules are implemented for
utilities and permitting, the second project manager is required. The
budget includes the second project manager.
City Administrator Parks advised that staff will forward the presentation
and the slides to the Council.
Councilmember Agabi cited the City of Olympia’s plans to help balance

its budget. He asked whether staff has considered similar options.
Councilmember Jefferson commented on the improved clarity of the

presentation materials.
City Administrator Parks advised that staff has utilized all existing tools
available to reduce expenditures. Additional options require further
evaluation as well as working with the community in terms of meeting
community expectations and priorities.
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Item 6a.

MAYOR/CITY There were no reports.

ADMINISTRATOR’S
REPORT:
ADJOURNMENT: With there being no further business, Mayor Sullivan adjourned the
meeting at 8:27 p.m.
Prepared by Valerie L. Gow, Recording Secretary/President

Puget Sound Meeting Services, [email protected]
11
Item 6b.
TO: City Council

FROM: Shelly Carter, Assistant Finance Director
DATE: December 3, 2024
SUBJECT: Payment of Vouchers
1) Recommended Action:
Staff is seeking City Council ratification of:

- November 15, 2024, payment of Eden vouchers 174383 to 174386 in the amount of
$685.35; payment of Enterprise vouchers 185027 to 185086 in the amount of
$516,046.27 and electronic payments 904890 to 904906 in the amount of $40,804.94
- November 22, 2024, payment of Eden vouchers 174387 to 174405 in the amount of
$3,767.33; payment of Enterprise vouchers 185087 to 185157 in the amount of
$1,210,170.08 and electronic payments 904907 to 904936 in the amount of $851,415.58
and wire payments in the amount of $296,261.96
2) Background:
The City pays vendors monthly for purchases approved by all departments. The Finance
Director has reviewed and released the payments as certified on the attached Exhibit(s).
The full voucher listings are available upon request of the Assistant Finance Director. The
most significant payments* were:
Vendor
Barker Rinker Seacat Community Center Study Services
29,524.70
Architecture thru 10/31/24
Beam Global 98,323.87 Pioneer Park EV Charging Station
Property Purchase Parcel
Cassandra Langton 24,800.00
57710300000
RH2 Engineering, INC 119,435.99 SE Reservoir thru 9/29/24
West Coast Fence Pros 154,526.82 Palermo Fence Replacement
WA ST DEPT OF Excise, sales and use tax October
56,621.13
REVENUE 2024
BRUCE C ALLEN & Tickner Farm LLC Property Appraisal
25,000.00
ASSOCIATES
CITIES DIGITAL, INC 26,816.17 Laserfiche annual renewal x50 users
EXP U.S. SERVICES 28,454.09 Comp plan update climate element
HERITAGE Restoration services at Brewmaster’s
41,532.61
RESTORATION, INC house
MILES RESOURCES, LLC 261,379.76 PE#3 Israel Linderson PED & BIKE
NORTHWEST CASCADE PE#2 Linwood Ave Sidewalk
435,600.77
INC
LOTT WASTEWATER October 2024 LOTT fees
643,694.23
ALLIANCE
* Includes vouchers in excess of $20,000, excluding routine utility payments.
3) Policy Support:
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Item 6b.
 Strategic Goals and Priorities: Fiscally responsible and develop sustainable financial
strategies.
 Vision Mission Beliefs-Excellence: Efficient stewards of public resources, building public
trust through transparency.
4) Alternatives:
 Ratify the vouchers as proposed.

 Develop an alternative voucher review and approval process.
5) Fiscal Notes:
The vouchers are for appropriated expenditures in the respective funds and departments.
6) Attachments:
A. Exhibit A – Payment of Vouchers – Review and Approval

B. Exhibit B – Payment of Vouchers – Review and Approval
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Item 6b.
EXHIBIT “A”
I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished,
the services rendered or the labor performed as described herein and that the claim is a just, due and
unpaid obligation against the City of Tumwater, and that I am authorized to authenticate and certify to
said claim.
Enterprise ERP
Voucher/Check Nos 185027 through 185086 in the amount of $516,046.27
Electronic payment Nos 904890 through 904906 in the amount of $40,804.94
Eden
Voucher/Check Nos 174383 through 174386 in the amount of $685.35
Asst. Finance Director, on behalf of the Finance Director
Checks dated 11/15/2024

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Item 6b.
EXHIBIT “B”
I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished,
the services rendered or the labor performed as described herein and that the claim is a just, due and
unpaid obligation against the City of Tumwater, and that I am authorized to authenticate and certify to
said claim.
Enterprise ERP
Voucher/Check Nos 185087 through 185157 in the amount of $1,210,170.08
Electronic payment Nos 904907 through 904936 in the amount of $851,415.58
Wire payment in the amount of $296,261.96
Eden
Voucher/Check Nos 174387 through 174405 in the amount of $3,767.33
Asst. Finance Director, on behalf of the Finance Director
Checks dated 11/22/2024

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Item 6c.
TO: City Council

FROM: Joann Fletcher, Accountant
SUBJECT: Resolution No. R2024-018, Surplus Property
Adopt Resolution R2024-018 Declaring Property as Surplus.
2) Background:
The surplus items include 1 Police vehicle, 1 WRS Operations vehicle, 1 Motor Pool vehicle,
and 1 Parks Maintenance vehicle (non-TMPD).
All items have been taken out of service or will be taken out of service and replaced
according to their useful lives, or have become obsolete.
3) Policy Support:
Refine and sustain a great organization.
4) Alternatives:
 Adopt the Resolution.

 Don’t adopt the Resolution
5) Fiscal Notes:
No significant impact. Most items are owned by the Equipment Rental Fund and are sold,
disposed, or auctioned off where appropriate. Replacement cost for ER&R items is included
in the internal rental rates. The replacement of all other items is budgeted by each
department if necessary.
6) Attachments:
A. Resolution R2024-018 Declaring Property as Surplus with attached

Exhibit A List of the items to be surplused.
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Item 6c.
Attachment "A"
RESOLUTION NO. R2024-018
A RESOLUTION of the City Council of the City of Tumwater,

Washington declaring the property itemized on the attached Exhibit A
surplus to the City’s needs, so that it can be disposed of in accordance with
Washington State Law.
WHEREAS, the Asset Manager has determined that the items on the
attached Exhibit A, currently owned by the City of Tumwater by purchase, property
seizure, or unclaimed property are not needed by the City for current operations;
and
WHEREAS, it is the City’s policy to dispose of surplus property in

accordance with RCW 35A.11.010, RCW63.32.010, and other applicable Washington
State laws, rules and regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF

THE CITY OF TUMWATER AS FOLLOWS:
Section 1. Surplus Declaration. The property itemized on the attached

Exhibit A is hereby declared surplus to the needs of the City of Tumwater, and it
shall be auctioned, sold, traded, donated, or otherwise disposed of in accordance
with the provisions of Washington State laws, rules and regulations.
Section 2. Ratification. Any act consistent with the authority and prior
to the effective date of this Resolution is hereby ratified and affirmed.
Section 3. Severability. The provisions of this Resolution are declared

separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section, or portion of this Resolution or the invalidity of the application
thereof to any person or circumstance, shall not affect the validity of the remainder
of the Resolution, or the validity of its application to other persons or circumstances.
Resolution No. R2024-018 – Page 1 of 2
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Item 6c.
Section 4. Effective Date. This Resolution shall become effective

immediately upon adoption and signature as provided by law.
RESOLVED this 3rd day of December 2024.
CITY OF TUMWATER
______________________________
Debbie Sullivan, Mayor
ATTESTS:
_______________________________
Melody Valiant, City Clerk
APPROVED AS TO FORM:
_______________________________
Karen Kirkpatrick, City Attorney
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Item 6c.
Exhibit A
MEMO
Date: December 3, 2024
To: Troy Niemeyer, Finance Director
From: Joann Fletcher, Accountant
Subject: Surplus of Equipment – Asset Management Fund
The following items have exceeded their useful lives, or are

unclaimed items or evidence and are ready for donation,
disposal or sale:
Current Location
Asset # ER&R# Description VIN# / Serial # / Condition
0004198 69598 2005 John Deere 310SG Backhoe T0310SG945525 ERR Yard
0003922 69322 2001 GMC Sonoma - motor pool 1GTCS19W218213782 ERR Yard
0003706 69106 1997 Utility Trailer 1E9BA1222VL219087 ERR Yard
0005033 6070399 2020 Ford Interceptor 1FM5K8AW7LGC93341 WCIA
FINANCE DEPARTMENT
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Item 6d.
TO: City Council

FROM: Brad Medrud, Planning Manager
SUBJECT: Interlocal Agreement with the Regional Housing Council for the Franz Anderson
Project Amendment No. 1
Approve Amendment One to Interlocal Agreement with the Regional Housing Council for
the Franz Anderson Project. The General Government Committee was briefed on the
amendment at their November 13, 2024, meeting and voted to place it on the City Council
consent agenda for their December 3, 2024, meeting and authorize the Mayor to sign.
2) Background:
After the City Council adopted Resolution No. R2018-016 in the summer of 2018, the City
has undertaken several actions to address homelessness, increase affordable housing, and
continue to work with other jurisdictions and agencies to explore regional solutions to these
issues.
With assistance from the City and the other members of the Regional Housing Council, the
City of Olympia has been working on a permanently supportive housing project on Franz
Anderson Road SE in Olympia near the Interstate 5 Pacific Avenue interchange.
The City has determined it to be an equitable choice to support the Franz Anderson
permanently supportive housing project in the City of Olympia, which would result in
affordable long-term housing and serve as a public benefit for the region.
The General Government Committee was briefed on the letter of commitment for $275,000
for the project at their May 10, 2023, meeting and recommended City Council approval of
the letter. The City Council approved the letter of commitment on May 16, 2023.
The City of Olympia staff in coordination with the other members of the Regional Housing
Council drafted the interlocal agreement between the Cities of Olympia, Lacey, Tumwater,
and Thurston County to use ARPA and other funds to facilitate development of the project.
The City Council discussed the interlocal agreement at a work session on November 28,
2023, and recommended that it be placed on the City Council’s December 5, 2023, meeting
consent calendar for approval.
The amendment updates the approved interlocal agreement to reflect that the original 2023
interlocal agreement involved the use of Coronavirus State and Local Fiscal Recovery
Funds (SLFRF), established by the American Rescue Plan Act of 2021 (ARPA) and that
now the project will no longer utilizes those SLFRF/ARPA funds, and instead rely on funding
provided by Thurston County and City of Tumwater, which removes requirements related to
compliance with the SLFRF/ARPA.
3) Policy Support:
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Item 6d.
Strategic Priority to Build a Community Recognized for Quality, Compassion and Humanity
with a goal of “Work with government, non-profit, and private partners to develop and
implement a performance-based plan for affordable housing and to address homelessness.”
Housing Element Goal H-3: To provide adequate, affordable housing for residents of all
income groups, including sufficient housing affordable to low and moderate-income groups.
4) Alternatives:
 None.
5) Fiscal Notes:
$275,000 in City of Tumwater’s general funds will be used to fund the project.
6) Attachment:
A. Interlocal Agreement with the Regional Housing Council for the Franz Anderson Project
21
Item 6d.
Attachment A
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Item 6e.
TO: City Council

FROM: Karen Kirkpatrick, City Attorney
SUBJECT: Interlocal Agreement with Thurston County Prosecuting Attorney’s Office for
Prosecution Services
Approve and authorize the Mayor to sign the Interlocal Agreement with the Thurston County
Prosecuting Attorney’s Office for Prosecution Services. The Public Health and Safety
Committee recommended the approval of this Interlocal Agreement during their November
12, 2024, committee meeting to be placed on the January 7, 2024 consent calendar.
2) Background:
The City has a long-standing relationship with the Thurston County Prosecuting Attorney’s
Office. The current contract for prosecution services expires December 31, 2024. Staff
recommends renewing the contract for a period of two years. The Prosecutor’s Office
updated their figures based on the services previously provided and projected trends, and
has proposed an annual amount of $230,000.00 ($19,166.67 per month) for the calendar
year of 2025 and $236,900.00 ($19,741.67 per month) for the calendar year of 2026.
3) Policy Support:
The continued relationship with the Prosecuting Attorney’s Office helps provide and sustain
quality public safety services.
4) Alternatives:
N/A
5) Fiscal Notes:
Proposed contract amount: $230,000 in 2025 and $236,900 in 2026, plus civil support at
$140 per hour, not to exceed $30,000.
6) Attachments:
A - Proposed Contract and Scope 2025-2026
59
Item 6e.
A
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF TUMWATER AND
THE THURSTON COUNTY PROSECUTING ATTORNEY'S OFFICE
FOR PROSECUTION SERVICES
THIS INTERLOCAL AGREEMENT, is made and entered into pursuant to

RCW 39.34 in duplicate this ______day of _______________, 2024, by and between
the CITY OF TUMWATER, a Washington municipal corporation, hereinafter
referred to as the "CITY" and THURSTON COUNTY PROSECUTING
ATTORNEY’S OFFICE, hereinafter referred to as the "PAO."
In consideration of the terms, conditions, covenants, and performance

contained herein, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
The PAO shall perform the following services and accomplish the following
tasks, including the furnishing of all materials and equipment necessary for full
performance thereof:
The PAO shall perform all necessary prosecution services for the City of
Tumwater as more particularly described and detailed in Attachment “A”
incorporated herein by reference.
In the provision of services under this Agreement, the PAO will endeavor to
perform in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing under similar
circumstances.
2. TERM.
This Agreement shall be in full force and effect beginning January 1, 2025,
and shall remain in effect until December 31, 2026, unless sooner terminated
according to the provisions herein. This Agreement may be extended for additional
periods of time upon mutual written agreement of the parties.
3. COMPENSATION AND METHOD OF PAYMENT.
A. Payments for services provided hereunder shall be made

following the performance of such services, unless otherwise permitted by law and
approved in writing by the CITY.
B. No payment shall be made for any service rendered by the PAO

except for services identified and set forth in this Agreement.
Prosecution Services 2019-2020 – 1 of 5
60
Item 6e.
C. The CITY shall pay the PAO for work performed under this
Agreement a sum of Two Hundred Thirty Thousand Dollars and No Cents
($230,000.00) for the calendar year of 2025 as follows: Nineteen Thousand One
Hundred Sixty-Six Dollars and Sixty-Seven Cents ($19,166.67) per month payable
on or about the first Wednesday of the following month. The CITY shall pay the
PAO for work performed under this Agreement a sum of Two Hundred Thirty-
Six Thousand Nine Hundred Dollars and No Cents ($236,900.00) for the
calendar year of 2026 as follows: Nineteen Thousand Seven Hundred Forty-One
Dollars and Sixty-Seven Cents ($19,741.67) per month payable on or about the first
Wednesday of the following month. In addition, on an as-needed basis, civil support
will be billed at One Hundred Forty Dollars ($140.00) per hour not to exceed Thirty
Thousand Dollars ($30,000.00) per year, for a total not to exceed amount of Five
Hundred Twenty-Six Thousand Nine Hundred Dollars and No Cents ($526,900.00).
The cost of all infrastructure, administrative support, and services, as well as
standard overhead services necessary to comply with established standards, is
included in this payment.
4. INSURANCE.
Thurston County is a member of the Washington Counties Risk Pool and the
liability coverage through the Risk Pool is acceptable to the CITY.
5. INDEPENDENT CONTRACTOR RELATIONSHIP.
A. The parties intend that an independent contractor relationship

will be created by this Agreement. The CITY will not exercise control and direction
over the work of the PAO and is interested primarily in the results to be achieved.
Subject to paragraphs herein, the implementation of services pursuant to this
Agreement will lie solely within the discretion of the PAO. No agent, employee,
servant or representative of the PAO shall be deemed to be an employee, agent,
servant or representative of the CITY for any purpose, and the employees of the
PAO are not entitled to any of the benefits the CITY provides for its employees. The
PAO will be solely and entirely responsible for its acts and for the acts of its agents,
employees, servants, subcontractors or representatives during the performance of
this Agreement.
B. In the performance of the services herein contemplated the PAO

is an independent contractor with the authority to control and direct the
performance of the details of the work; however, the results of the work
contemplated herein must meet the approval of the CITY and shall be subject to the
CITY'S general rights of inspection and review to secure the satisfactory completion
thereof.

61
Item 6e.
6. HOLD HARMLESS INDEMNIFICATION.
The PAO shall indemnify and hold the CITY and its agents, employees,
and/or officers, harmless from and shall process and defend at its own expense any
and all claims, demands, suits, at law or equity, actions, penalties, losses, damages,
or costs, of whatsoever kind or nature, brought against the CITY resulting from the
PAO’s performance or failure to perform any aspect of this Agreement; provided,
however, that if such claims are caused by or result from the concurrent negligence
of the CITY, its agents, employees, and/or officers, this indemnity provision shall be
valid and enforceable only to the extent of the negligence of the PAO; and provided
further, that nothing herein shall require the PAO to hold harmless or defend the
CITY, its agents, employees and/or officers from any claims arising from the sole
negligence of the CITY, its agents, employees, and/or officers.
7. COMPLIANCE WITH LAWS.
The PAO, in the performance of this Agreement, shall comply with all
applicable federal, state or local laws and ordinances, including regulations for
licensing, certification and operation of facilities, programs and accreditation, and
licensing of individuals, and any other standards or criteria as described in this
Agreement to assure quality of services.
8. ASSIGNMENT.
The PAO shall not assign its performance under this Agreement unless
the PAO determines that a conflict of interest exists. The PAO shall notify City if a
case is being assigned to an attorney outside the PAO.
9. TERMINATION.
Either party may terminate this Agreement, in whole or in part, at any time,
by giving at least sixty (60) days written notice.
10. NOTICE.
Notice provided for in this Agreement shall be sent by certified mail to the
addresses designated for the parties on the last page of this Agreement.
11. ADMINISTRATION.
This Agreement will be jointly administered by Administration Chief

Prosecuting Attorney and the Tumwater City Attorney. This Agreement does not
create any separate legal or administrative entity.

62
Item 6e.
12. FINANCING BUDGET.
This Agreement does not contemplate joint financing of the activities within
its scope, nor does it contemplate a joint budget.
13. PROPERTY ACQUISTION AND DISPOSITION.
This Agreement does not contemplate the joint acquisition of property by the
parties. At termination, each party will remain the sole owner of its own property.
Any property acquired by the PAO in connection with this Agreement will be, and
remain, solely owned by the PAO, even if the property is acquired by the County
using payments made by the CITY under this Agreement.
14. ATTORNEYS FEES AND COSTS.
If any legal proceeding is brought for the enforcement of this Agreement, or

because of a dispute, breach, default, or misrepresentation in connection with any of
the provisions of this Agreement, the prevailing party shall be entitled to recover
from the other party, in addition to any other relief to which such party may be
entitled, reasonable attorney's fees and other costs incurred in that action or
proceeding.
15. JURISDICTION AND VENUE.
A. This Agreement has been and shall be construed as having been

made and delivered within the State of Washington, and it is agreed by each party
hereto that this Agreement shall be governed by laws of the State of Washington,
both as to interpretation and performance.
B. Any action of law, suit in equity, or judicial proceeding for the

enforcement of this Agreement or any provisions thereof, shall be instituted and
maintained only in any of the courts of competent jurisdiction in Thurston County,
Washington or in the superior court of either of the two nearest judicial districts.
16. SEVERABILITY.
A. If, for any reason, any part, term or provision of this Agreement
is held by a court of the United States to be illegal, void or unenforceable, the
validity of the remaining provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if the Agreement did
not contain the particular provision held to be invalid.
B. If it should appear that any provision hereof is in conflict with

any statute of the State of Washington, said provision that may conflict therewith

63
Item 6e.
shall be deemed inoperative and null and void insofar as it may be in conflict
therewith, and shall be deemed modified to conform to such statutory provisions.
17. ENTIRE AGREEMENT.
The parties agree that this Agreement is the complete expression of the
terms hereto and any oral representations or understandings not incorporated
herein are excluded. Any amendment or extension of this Agreement shall be in
writing and signed by both parties. Failure to comply with any of the provisions
stated herein shall constitute material breach of contract and cause for termination.
Both parties recognize time is of the essence in the performance of the provisions of
this Agreement. It is also agreed by the parties that the forgiveness of the
nonperformance of any provision of this Agreement does not constitute a waiver of
the provisions of this Agreement.
18. FILING. This Agreement will be filed with the Thurston County
Auditor or listed on the PAO’s web site prior to entry into force, in accordance with
RCW 39.34.040.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to

be executed the day and year first hereinabove written.
CITY: PAO:
CITY OF TUMWATER THURSTON COUNTY
PROSECUTING ATTORNEY'S
OFFICE
555 Israel Road SW 2000 Lakeridge Drive SW
Tumwater, WA 98501 Olympia, WA 98502
DEBBIE SULLIVAN JON TUNHEIM

Mayor Thurston County Prosecuting Attorney
ATTEST:

64
Item 6e.
ATTACHMENT "A"
PROSECUTION SERVICES
Duties
A. The Thurston County Prosecuting Attorney’s Office (PAO) will be responsible

to assign an employee who is qualified and able to provide the services
needed to represent the City of Tumwater (CITY) as the CITY’S primary
prosecutor in matters before the Thurston County District Court. This
includes representation for all stages of criminal proceedings for criminal
misdemeanors and gross misdemeanors, criminal traffic misdemeanors and
gross misdemeanors, and contested traffic infractions. The PAO will be
present at all stages of criminal proceedings including in-custody bail
hearings, arraignments, pre-trial conferences, motion hearings, bench trials,
jury confirmation hearings, jury trials, and post-conviction/post-trial motions
and appeals. The PAO will also represent the CITY at contested traffic
hearings when the defendant is represented by counsel, or when witnesses
have been called to testify.
B. The PAO will be responsible for providing all of the legal support work
necessary to support the prosecution of the CITY’S cases.
C. Represent the CITY in matters on appeal before the Thurston County

Superior Court, Washington State Court of Appeals and the Washington
State Supreme Court. These are very infrequent, but would include the
writing of a brief in response to the appellant's brief, and appearance at all
appellate proceedings. The PAO will timely inform the Tumwater City
Attorney of all matters set for trial and all appeals.
D. Review Tumwater police reports referred for charging sufficiency. Respond

timely with the necessary communication back to the police department.
Meet with the police department on a regular basis; communicate regularly
and timely with the police department in order to assist with case
investigation, to prepare officers as witnesses for evidentiary motions and for
trial, and to provide feedback to officers and their superiors on matters
relating to charges filed. Provide periodic training sessions for the benefit of
the police department. CITY will reimburse the PAO for all training
materials provided to police department employees. Regularly communicate
with and provide feedback to the Police Chief or Police Commander on
criminal matters relating to police investigation and charging decisions.
Prosecution Services 2025-2026 Attachment "A"– Page 1 of 2

65
Item 6e.
E. The PAO agrees to be available by telephone for communication with

witnesses, police, and CITY staff, and provide timely responses to messages
during times of unavailability. The PAO will provide a telephone number to
the CITY for regular business contacts as well as a telephone number
(whether the same or different number) for purposes of police investigation
/advice during non - business hours (between 5:00 p.m. and 8:00 a.m.). This
number is expected to be used infrequently, and only for emergent legal
issues.
F. The PAO shall have the right to determine which PAO employees will
provide prosecution services under this Agreement. If the PAO has a conflict
of interest on a case, the PAO will arrange for alternative service.
G. Due to scheduling conflicts outside the control of the PAO, primarily the
Monday in-custody arraignment calendar, the PAO shall have the right to
make arrangements with the City of Lacey Prosecutor to represent the CITY
for such purposes as may be necessary (i.e., arraignment/probable cause
statements, bail hearings, conditions of release, no contact orders).
H. The PAO agrees to timely inform the City Attorney of issues that will cause
liability for the CITY or have the potential to expose the CITY to liability.
I. In addition to the prosecution services described above, the PAO may provide
the CITY with civil case support related to code enforcement matters
depending on the capacity of the PAO civil division to provide these services.
These services, if provided, will be billed separately at an hourly rate of
$140.00.
Prosecution Services 2025-2026 Attachment "A"– Page 2 of 2

66
Item 6f.
TO: City Council

FROM: Bill Lindauer, Engineering Services Manager
SUBJECT: Service Provider Agreement with Pacific Testing & Inspection for On-Call Material
Testing Amendment No. 3
Approve and authorize the Mayor to sign the Third Amendment to the Service Provider
Agreement for On-Call Material Testing. This was recommended for approval on the Council
consent agenda at the November 21, 2024 Public Works Committee meeting.
2) Background:
The original Agreement for $45,000 was signed on January 12, 2021. The First Amendment
extended the term of the Agreement to December 31, 2024, and increased the
compensation to a not-to-exceed amount of $95,000. This Second Amendment increased
the not-to-exceed amount to $195,000,
The Third Amendment extends the agreement until December 31, 2025, which provides
materials testing for ongoing construction projects throughout the City. This Third
Amendment increases the not-to-exceed amount to $295,000 to cover anticipated costs in
2025.
3) Policy Support:
Council Strategic Goals and Priorities 2023-2024:
C. Create and Maintain a Transportation System Safe for All Modes of Travel.
4) Alternatives:
 Do not approve the Agreement
5) Fiscal Notes:
Fees charged for this agreement will be allocated to the appropriate City fund, dependent
upon the work completed.
6) Attachments:
A. Third Amendment to the Service Provider Agreement
67
Item 6f.
Attachment A
THIRD AMENDMENT
TO
SERVICE PROVIDER AGREEMENT
FOR
ON-CALL MATERIAL TESTING
This Third Amendment ("Amendment") is dated effective this _______day

of________________, 20_____, and is entered into by and between the CITY OF
TUMWATER, a Washington municipal corporation ("CITY"), and Pacific Testing &
Inspection Inc., a Washington corporation ("SERVICE PROVIDER").
A. The CITY and the SERVICE PROVIDER entered into a Service

Provider Agreement dated effective January 12, 2021, whereby the SERVICE
PROVIDER agreed to provide material testing services ("Agreement"). The CITY and
the SERVICE PROVIDER agreed to a First Amendment to the Service Provider
Agreement on May 12, 2023, and a Second Amendment on January 24, 2024.
B. Section 14 of the Agreement provided that the Agreement may only be

amended by written agreement signed by the parties.
C. The CITY and the SERVICE PROVIDER desire to amend the

Agreement to continue the services described in Section 1 of the Agreement by
extending the term of the Agreement, and increasing the compensation paid to the
SERVICE PROVIDER.
NOW, THEREFORE, the parties agree to the following terms and conditions:
1. TERM.
Section 2 of the Agreement shall be amended to extend the term of the

Agreement until December 31, 2025.
2. COMPENSATION.
In consideration of the SERVICE PROVIDER continuing to provide the

services described in Section 1 of the Agreement and providing the additional services
described in Exhibit “A-1” during the extended term of the Agreement, Section 4.C.
shall be amended to increase the compensation paid to the SERVICE PROVIDER by
an additional amount not to exceed One Hundred Thousand and 00/100 Dollars
($100,000). The total amount payable to the SERVICE PROVIDER pursuant to the
original Agreement, the First Amendment, the Second Amendment, and this Third
Third Amendment to Service Provider Agreement - Page 1 of 3

Pacific Testing and Inspection
68
Item 6f.
Amendment shall be an amount not to exceed Two Hundred Ninety-Five Thousand

and 00/100 Dollars ($295,000).
***Signatures on Following Page***
3. FULL FORCE AND EFFECT.
All other terms and conditions of the Agreement not modified by this
Amendment shall remain in full force and effect.
DATED the effective date set forth above.

CITY: SERVICE PROVIDER:
CITY OF TUMWATER PACIFIC TESTING & INSPECTION INC.
555 Israel Road SW 2417 Harrison Avenue
Tumwater, WA 98501 Centralia, WA 98531
Tax ID#: 602-707-402
Phone Number: 360-736-3922
Debbie Sullivan Signature (Notarized – see below)

Mayor Printed Name:
Title:
ATTEST:
______________________________
STATE OF WASHINGTON
COUNTY OF THURSTON
I certify that I know or have satisfactory evidence that (name)

is the person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it as the ________________(title) of __________________________(company) to be the

69
Item 6f.
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Notary Public in and for the State of Washington,

My appointment expires: .

70
Item 6g.
TO: City Council

SUBJECT: Service Provider Agreement with Materials Testing & Consulting for On-Call Material
Testing Amendment No. 3
Approve and authorize the Mayor to sign the Third Amendment to the Service Provider
Agreement for On-Call Material Testing. This was recommended for approval on the Council
consent agenda at the November 21, 2024 Public Works Committee meeting.
2) Background:
The original Agreement for $45,000 was signed on January 21, 2021. The First Amendment
added additional scope of work and increased the compensation to a not-to-exceed amount
of $95,000. This Second Amendment extended the term Agreement until December 31,
2024, and increased the not-to-exceed amount to $195,000.
The Third Amendment extends the term Agreement until December 31, 2025, which
provides for materials testing for on-going construction projects throughout the City.
3) Policy Support:
Council Strategic Goals and Priorities 2023-2024:
4) Alternatives:
 Do not approve the Agreement
5) Fiscal Notes:
Fees charged for this agreement will be allocated to the appropriate City fund, dependent
upon the work completed.
6) Attachments:
A. Third Amendment to the Service Provider Agreement
71
Item 6g.
Attachment A
THIRD AMENDMENT
TO
FOR
ON-CALL MATERIAL TESTING
This Third Amendment ("Amendment") is dated effective this _______day

TUMWATER, a Washington municipal corporation ("CITY"), and Materials Testing
& Consulting, Inc., a Washington corporation ("SERVICE PROVIDER").
A. The CITY and the SERVICE PROVIDER entered into a Service Provider
Agreement dated effective January 21, 2021, whereby the SERVICE PROVIDER
agreed to provide material testing services ("Agreement"). The CITY and the SERVICE
PROVIDER agreed to a First Amendment to the Service Provider Agreement on
December 15, 2022, and a Second Amendment on January 30, 2024.

C. The CITY and the SERVICE PROVIDER desire to amend the Agreement
to continue the services described in Section 1 of the Agreement by extending the term
of the Agreement.
1. TERM.

First Amendment to Service Provider Agreement - Page 1 of 3

Materials Testing & Consulting
72
Item 6g.

CITY OF TUMWATER MATERIALS TESTING AND CONSULTING,
INC.
555 Israel Road SW 2118 Black Lake Boulevard SW
UBI No. 601-651-312
Phone No. 360-755-1990

Mayor Printed Name:
Title:
ATTEST:
______________________________
STATE OF WASHINGTON
COUNTY OF THURSTON

Dated:


73
Item 6g.

74
Item 6h.
TO: City Council

SUBJECT: Supplemental Agreement No. 1 with Tierra ROW for X Street Roundabout Project
Approve and authorize the Mayor to sign the First Supplemental Agreement for the X Street
Roundabout with Tierra ROW. This was recommended for approval on the Council consent
agenda at the November 21, 2024 Public Works Committee Meeting.
2) Background:
The X Street Roundabout is the fourth transportation project derived from the Capitol
Boulevard Corridor Study. The first project was the Capitol Boulevard Feasibility Study,
which is complete. The second project is the Interstate 5 / Trosper Road / Capitol Boulevard
Reconfiguration project, which is nearly complete. The third project was the Capitol
Boulevard Design project, which completed a substantial portion of the design for the
remaining projects in the Corridor Study positioning the City to be more competitive in future
grant applications. The transportation projects derived from the Capitol Boulevard Corridor
Study aim to reduce congestion and provide safer travel for all modes.
Right of way services for this project will include appraisals, negotiating with property owners
to acquire property rights, relocation services, and other services as needed.
The original agreement was executed on February 27, 2023, with the maximum amount
payable $150,000.
The First Supplemental Agreement will only extend the contract until December 31, 2026.
3) Policy Support:
4) Alternatives:
 Recommend against approval of the Supplemental Agreement.
5) Fiscal Notes:
The total project cost estimate is $5.3 million for right of way and construction phases; the
City has been awarded four separate grants totaling to approximately $4.1 million for the
project, local funds are programmed in the Transportation CFP budget.
6) Attachments:
A. Supplemental Agreement No. 1
75
Item 6h.
Attachment A
Supplemental Agreement Organization and Address

Number 01 Tierra Right of Way Services, Ltd
1575 East River Road, Suite 201
Original Agreement Number Tuscon, AZ 85718
N/A
Phone: 360.870.0190
Project Number Execution Date Completion Date
5235018 January 1, 2025 December 31, 2026
Project Title New Maximum Amount Payable
X Street Roundabout
Description of Work
(No Change) Right-of-way services consisting of all items indicated as "Contract with a qualified consultant"
on the City's approved "Right of Way Procedures" attached to the Request for Proposals (RFP) including, but
not limited to, negotiating with property owners to acquire property rights, appraisal and appraisal review
services in conformance with federal, state, and agency standards, relocation services, project certification
services and other work as detailed in the RFP.
The Local Agency of The City of Tumwater

desires to supplement the agreement entered in to with Tierra Right of Way Services, Ltd
and executed on February27, 2023 and identified as Agreement No. N/A
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
I
Section 1, SCOPE OF WORK, is hereby changed to read:
No change, term extension only.
II
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: December 31, 2026
III
Section V, PAYMENT, shall be amended as follows:
No change, term extension only. Original payment exhibit attached.
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By: By:
Consultant Signature Approving Authority Signature
Date
DOT Form 140-063
76 Revised 09/2005
DocuSign Envelope ID: CF48D58F-43D5-4ABE-A223-29C8CFFD81A6 Exhibit A
Item 6h.
7. Components of Price
CONSULTANT FEE DETERMINATION - SUMMARY OF PROJECT COSTS
Tierra Right of Way Services, Ltd.
City of Tumwater X Street Roundabout
Labor Classification Direct Billing Estimated Total Total
Rate Hours Amount
Division Director $195.00 1 $195.00

ROW Division Manager $180.00 40 $7,200.00
Project Manager $165.00 125 $20,625.00
Senior Right of Way Agent $138.00 0 $0
Right of Way Agent $115.00 450 $51,750.00
Right of Way Technician $95.00 45 $4,275.00
Project Coordinator $100.00 125 $12,500.00
Subtotal 786 $96,545.00
Direct Reimbursables
Travel (Mileage) Miles $0.625 400 $250.00
Postage Total $10.00 16 $160.00
*R.F. Duncan & Associates 7 appraisals $30,500.00
Lingeman Valuation 7 reviews $8,400.00
Direct Reimbursables Subtotal $39,310.00

Total Maximum Amount Payable $135,855.00
*See Appraisal Notes below and continued on the following page.

Key: ROW = right of way. Mgmt. Reserve Fund $ 14,145.00
Adjusted Total Maximum Amount Payable $150,000.00
R.F. Duncan Appraisal Notes

Parcel Name Appraisal Appraisal Appraisal Comments
Type Fee Review
12702222500 Blackwell Before/ $5,000/ $1,200 May lose one parking
After $3,000 space; can reduce fee to
$3,000 if parking impact
not major and building
does not need to be
valued.
19
X Street Roundabout
77
DocuSign Envelope ID: CF48D58F-43D5-4ABE-A223-29C8CFFD81A6
Item 6h.
12702222800 S. Before/ $5,000/ $1,200 Potential parking

Prochnau After $3,000 impacts; can reduce
Rev. Trust to $3,000 if no major
parking impacts and
building does not need
to be valued.
1270311-2000 Slater Total $4,500 $1,200 Total acquisition of
&2400 Enterprises commercial property.
12703140500 Nut Tree, Before/ $5,000/ $1,200 Impacts to sign, parking,

LLC After $3,000 and circulation. Can
reduce to $3,000 if
building doesn’t need to
be valued.
55100000100 Prakal, LLC Strip $3,000 $1,200 Appears to be minor
Report impact.
56600000100 Cap. City Strip $3,000 $1,200 May lose one or
Properties Report two parking spaces.
Appears to have ample
remaining parking.
72850300100 Schwab Before/ $5,000/ $1,200 Potential parking
Properties, After $3,000 impacts; can reduce fee
LLC to $3,000 if no parking
impacts and building
does not need to be
valued.
Total Fees: $22,500 to $8,400
$30,500
Exceptions
Tierra does not take exceptions to the City's requirements or clarifications to the
requirements.
Litigation
Tierra has had no litigation actions within the last three years.
Suspension and Debarment

Tierra has had no suspension or debarment activities within the last three years.
20
X Street Roundabout
78
Item 6i.
TO: City Council

SUBJECT: Service Provider Agreement with HDR Engineering for Old Highway 99 and 79th
Avenue Roundabout Project Amendment No. 1
Approve and authorize the Mayor to sign the First Amendment to the Service Provider
Agreement with HDR Engineering, for the Old Hwy 99 & 79th Ave Roundabout Project. This
was recommended for approval on the Council consent agenda at the November 21, 2024
Public Works Committee meeting.
2) Background:
In 2016, the City published the 2036 Transportation Master Plan (TMP), which laid out
plans for the improvement of Old Highway 99 from 73rd Avenue to 93rd Avenue. The TMP
projected the need to widen Old Highway 99 to five lanes. It also prescribed intersection
control at 79th Avenue due to inadequate “gaps” in traffic for turning movements. The City
has been collecting Transportation Impact Fees for future reconstruction of Old Highway
99. The Old Highway 99 Corridor Study, completed in November 2022, indicated
roundabouts are the preferred alternative designs for the intersections within the studied
corridor. Of all the intersections studied in the corridor, Old Hwy 99 & 79th Ave Roundabout
project should be the first intersection improved due to its current failing level of service.
This roundabout project also serves to mitigate traffic concerns related to the planned
Operations and Maintenance Facility on Trails End Drive.
The consultant (HDR) scope of work includes design of the Old Highway 99 and 79th
Avenue Roundabout in addition to frontage associated with the planned Operations and
Maintenance Facility and Trails End Park. The original Service Provider Agreement was
executed on April 26, 2023, with an expiration date of December 31, 2024. The not-to-
exceed amount of the agreement was $735,000.
The first amendment to the Service Provider Agreement extends the term of services only
to December 31, 2026.
3) Policy Support:
C. Create and Maintain a Transportation System Safe for All Modes of Travel
1. Implement Capitol Boulevard Plan.
F. Refine and Sustain a Great Organization
5. Construct the O&M Facility.
4) Alternatives:
 Recommend approval of the amendment as is.

 Request changes to the scope of work.
 Recommend against approval of the amendment.
79
Item 6i.
5) Fiscal Notes:
Funds for the project include transportation impact fees and a blend of general
governmental, water, sewer, and storm utility CFPs as “mitigation” for the planned City
Operations and Maintenance Facility on Trails End Drive.
6) Attachments:
A. First Amendment to the Service Provider Agreement for the Old Hwy 99 & 79th Ave
80
Item 6i.
Attachment A
FIRST AMENDMENT
TO
FOR
OLD HWY 99 AND 79TH AVE ROUNDABOUT
This First Amendment ("Amendment") is dated effective this _______day

TUMWATER, a Washington municipal corporation ("CITY"), and HDR
ENGINEERING INC., a Nebraska corporation ("SERVICE PROVIDER").
Agreement dated effective April 26, 2023, whereby the SERVICE PROVIDER agreed to
provide Civil Engineering services ("Agreement").

of the Agreement.
1. TERM.


Old Hwy 99 and 79th Ave Roundabout
81
Item 6i.

CITY OF TUMWATER HDR ENGINEERING, INC.
555 Israel Road SW Address: 905 Plum Street SE, Ste. 200
Tax ID #: 601-021-437
Phone Number: 360-570-4400

Mayor Printed Name:
Title:
ATTEST:
______________________________
STATE OF WASHINGTON
COUNTY OF THURSTON
I certify that I know or have satisfactory evidence that is the person

who appeared before me, and said person acknowledged that (he/she) signed this instrument
and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned
in the instrument.
Dated:
(Signature)
Notary Public in and for the State of Washington
My appointment expires

Old Hwy 99 and 79th Ave Roundabout
82
Item 6j.
TO: City Council

SUBJECT: Service Provider Agreement with Cardinal Architecture for the Historic Brewery
Tower Project Amendment No. 6
Approve and authorize the Mayor to sign the Sixth Amendment to the Service Provider
Agreement with Cardinal Architecture, for the Historic Brewery Tower Project. This was
recommended for approval on the Council consent agenda at the November 21, 2024 Public
Works Committee meeting.
2) Background:
The City, through Cardinal Architecture P.C., previously completed the Historic Brewery
Tower Protection & Renovation Report. The report included a phased strategy and project
design for maintaining, preserving, and renovating the City’s historic brewery tower.
The City then solicited Statements of Qualifications for architectural services for the design
of the next phase of the project to complete limited renovations. Cardinal Architecture P.C.
was selected for the design work that ultimately culminated in completion of the Historic
Brewery Tower Renovation Phase I – Roof and Masonry construction project. The
construction project included removal of a temporary roof over the fourth and fifth floors,
new roof gutters and temporary downspouts, damaged and missing brick replacement, and
masonry repairs. The service provider agreement was amended to extend the term for
Phase I design services.
In 2020, the service provider agreement was amended again to include scope and fee for
the Historic Brewery Tower Renovation Phase II Seismic Improvements project. The
Second Amendment increased the not-to-exceed agreement amount to $312,290 and
extended the term of the agreement again. Phase II design services includes schematic
design, structural engineering, probable construction costs, construction drawings, and
project bid documents. A Third Amendment extended the term of services to December 31,
2023. The Fourth Amendment increased the not-to-exceed agreement amount to $323,315,
added additional scope to update the previous seismic retrofit design to current 2018
International Building Code, and increased the consultant fees. The Fifth Amendment to the
Service Provider Agreement extended the term of services only to December 31, 2024.
The sixth amendment to the Service Provider Agreement extends the term of services only
to December 31, 2025.
3) Policy Support:
City of Tumwater Strategic Priorities and Goals 2023-2024:

A. Build a Community Recognized for Quality, Compassion and Humanity.
83
Item 6j.
4) Alternatives:
 Request changes to the scope of work.

 Recommend against approval of the amendment.
5) Fiscal Notes:
Funding for the architectural and engineering services to be completed under this
Amendment is from the General Government CFP. The City was awarded a $512,723
Heritage Capital Grant for Phase 2 construction.
6) Attachments:
A. Sixth Amendment to the Service Provider Agreement for the Historic Brewery Tower
Project.
84
Item 6j.
Attachment A
SIXTH AMENDMENT
TO
FOR
HISTORIC BREWERY TOWER RENOVATION PROJECT
This Sixth Amendment ("Amendment") is dated effective this _______day

TUMWATER, a Washington municipal corporation ("CITY"), and CARDINAL
ARCHITECTURE P.C., a Washington corporation ("SERVICE PROVIDER").
Agreement dated effective July 10, 2018, whereby the SERVICE PROVIDER agreed to
provide architectural services ("Agreement"). CITY and SERVICE PROVIDER agreed
to amend this Agreement with the First Amendment dated July 26, 2019, a Second
Amendment dated October 8, 2020, a Third Amendment dated November 30, 2021, a
Fourth Amendment dated April 28, 2022, and a Fifth Amendment January 22, 2024.

of the Agreement.
1. TERM.

***Signatures on following page***

Historic Brewery Tower Renovation Project
85
Item 6j.

CITY OF TUMWATER CARDINAL ARCHITECTURE
555 Israel Road SW 1326 5TH Avenue, Suite 440
Tumwater, WA 98501 Seattle, WA 98101-2628
Tax ID #: 602-708-154
Phone Number: (206) 624-2365

Mayor Printed Name:
Title:
ATTEST:
______________________________
STATE OF WASHINGTON
COUNTY OF THURSTON

Dated:


Historic Brewery Tower Renovation Project
86
Item 6k.
TO: City Council

FROM: Troy Niemeyer, Finance Director
SUBJECT: Authorization for Settlement
Authorize the Finance Director to pay back wages times a factor of two to certain union
members whose overtime rate was calculated incorrectly by the City’s previous payroll
system.
2) Background:
During the implementation of the new payroll module, staff discovered that the previous
payroll system had not been set up accurately, resulting in overtime for some union
members being calculated incorrectly. The new system has been set up correctly, moving
forward.
Once the issue was discovered, staff worked collaboratively with the unions to resolve the
issue of calculating which members were eligible for back wages for a period of two years,
and how much each person was owed. Based on negotiations and the desire to avoid
mediation or other legal action, agreement with the unions and impacted members has been
reached to pay the employees their calculated back wages, times a factor of 2. Paying this
additional amount above the actual wages owed requires Council approval and
authorization.
3) Policy Support:
4) Alternatives:
 Do not authorize the factor of two and pay only actual wages owed.
5) Fiscal Notes:
Actual wages times a factor of two is approximately $87,400.
6) Attachments:
None
87
Item 6l.
TO: City Council

FROM: Brittaney McClanahan, Executive Assistant
SUBJECT: Reappointment of Blake Chard to the Civil Service Commission
Approve Mayor Sullivan’s reappointment of Blake Chard to the Civil Service Commission.
2) Background:
Blake has contributed his time and expertise to the Civil Service Commission. Upon Council
confirmation, the 6-year term for Blake will expire December 31, 2030.
3) Policy Support:
Vision | Mission | Beliefs - Our Vision:

Tumwater of the future will be people-oriented and highly livable, with a strong economy,
dynamic places, vibrant neighborhoods, a healthy natural environment, diverse and
engage residents, and living connection to its history.
We Believe in PEOPLE:
Partnership | We work collaboratively with residents, businesses, and community
organizations.
4) Alternatives:
 Confirm some of the reappointments

 Do not confirm the reappointments
5) Fiscal Notes:
There is no fiscal impact associated with this report.
6) Attachments:
A. Applications and supplemental information.
88
A
Item 6l.
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Item 6l.
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Item 6l.
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Item 6l.
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Item 6l.
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Item 6l.
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Item 6l.
95
Item 6m.
TO: City Council

FROM: Lisa Parks, City Administrator
SUBJECT: Cancellation of the December 17th Regular Council Meeting
Pass a motion to approve the cancellation of the December 17th regular Council meeting.
2) Background:
There are no time sensitive work items scheduled on the December 17th Council agenda. It
is recommended that the meeting be canceled.
3) Policy Support:
Council Rules:
2.1 Regular. Regular Meetings are recurring meetings held in accordance with a periodic
schedule declared by statute or rule. A Regular Meeting may be canceled by a motion of
the Council or by failure to produce a quorum.
4) Alternatives:
 Continue with the scheduled December 17th Council meeting.

 Some other course of action.
5) Fiscal Notes:
There is no fiscal impact associated with this request.
6) Attachments:
None.
96
Item 7a.
TO: City Council

FROM: Brad Medrud, Planning Manager
SUBJECT: Ordinance O2024-005, Development Code Administration
Adopt Ordinance No. O2024-005, amending the Development Administration Code, as

recommended by the General Government Committee at their November 13, 2024,
meeting.
2) Background:
SB 5290 amended the Local Project Review Act, Chapter 36.70B RCW in 2023, with the
intent to increase the timeliness and predictability of local project review of development
applications.
Following a briefing on September 24, 2024, and work sessions on October 8, 2024, and
October 22, 2024, on the draft content of the ordinance, the Planning Commission
conducted a hearing on the ordinance on November 12, 2024, to take public testimony and
forward a recommendation of approval to the City Council, so that the amendments in the
ordinance to meet state requirements become effective before the state mandated changes
replace the existing City requirements on January 1, 2025.
At the conclusion of the hearing, the Planning Commission recommended that the ordinance
move forward to the City Council for approval with conditions. The General Government
Committee was briefed on the ordinance on November 13, 2024, and recommended that it
move forward to City Council for approval on consideration.
3) Policy Support:
Land Use Goal LU-2: Ensure development takes place in an orderly and cost-efficient
manner in order to best utilize available land and public services, conserve natural
resources, protect critical areas, preserve open space, and reduce sprawl.
4) Alternatives:
 None.
5) Fiscal Notes:
Internally funded.
6) Attachments:
97
Item 7a.
A. Staff Report
B. Ordinance No. O2024-005
C. Presentation
98
Item 7a. Attachment A
STAFF REPORT
Date: December 3, 2024
To: City Council
From: Brad Medrud, Planning Manager
Ordinance No. O2024-005 – Development Code Administration
In May 2023, the Governor of Washington signed into law Senate Bill (SB) 5290 which modified
the state requirements for local land use permit review. The state amendments to the Local
Project Review Act, Chapter 36.70B RCW, were intended to increase the timeliness and
predictability of local project development application reviews.
The City must update its development code administration regulations by December 31, 2024, to
address these recent changes in state law or state law will preempt the City’s development
review procedures until City amendments are approved.
The Planning Commission held a public hearing on Ordinance No. O2024-005 on Tuesday,
November 12, 2024, to take public testimony on the ordinance and, after deliberations,
recommended that the City Council approve the ordinance. The Planning Commission was
briefed on the proposed amendments on September 24, 2024, and held work sessions on
October 8, 2024, and October 22, 2024, to discuss the proposed amendments. The General
Government Committee was briefed on the ordinance on November 13, 2024, and
recommended that it move forward to City Council for approval.
The proposed ordinance will primarily modify TMC Title 14 Development Code Administration to
address revisions needed to bring City’s regulations into compliance with amendments to state
law and update the City’s approval processes, but it also will modify portions of the following
titles and chapters of the Tumwater Municipal Code:
1. TMC Chapter 2.58 Hearing Examiner
2. TMC Title 11 Telecommunications and Telecommunications Facilities
3. TMC Title 13 Public Services
4. TMC Title 15 Buildings and Construction
5. TMC Title 16 Environment
6. TMC Title 17 Land Division
7. TMC Title 18 Zoning
COMMUNITY DEVELOPMENT DEPARTMENT

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Item 7a. City of Tumwater
Development Code Administration Amendments
Contents
1. The Project Review Process - Simplified ..................................................................................... 3
2. Proposed Amendments to TMC Title 14 ..................................................................................... 5
A. Proposed New Structure for TMC Title 14 ............................................................................. 5
B. General Provisions .................................................................................................................. 6
1) Intent and Applicability....................................................................................................... 6
2) Term Definitions ................................................................................................................. 9
3) Time Limits ........................................................................................................................ 10
4) Public Notice Requirements ............................................................................................. 12
5) Substantially Different Proposals ..................................................................................... 13
6) Land Use Permit Expirations ............................................................................................. 14
7) Other General Provisions .................................................................................................. 16
C. Land Use Permits .................................................................................................................. 18
1) Land Use Permit Application Procedures and Types ........................................................ 18
2) Land Use Permit Decision and Appeal Authorities ........................................................... 20
3) Land Use Permit Application Review Periods ................................................................... 23
D. Preapplication Process ......................................................................................................... 24
1) Feasibility Review ............................................................................................................. 24
2) Preapplication Conference ............................................................................................... 24
E. Land Use Permit Applications Submittals ............................................................................. 26
1) Land Use Permit Applications ........................................................................................... 27
2) Determination of Completeness ...................................................................................... 31
F. Land Use Permit Application Review .................................................................................... 32
1) Land Use Action Review and Determination of Consistency ........................................... 32
2) Initial SEPA Analysis .......................................................................................................... 33
3) Categorically Exempt and Planned Actions ...................................................................... 34
4) Referral and Review of Land Use Permit Applications ..................................................... 36
5) Notice of Application ........................................................................................................ 37
G. Land Use Permit Application Decisions and Appeals ........................................................... 38
100
1) Notice of Decision ............................................................................................................. 38

2) Appeals of Administrative Approvals ............................................................................... 39
3) Appeals of State Environmental Policy Act Related Matters ........................................... 39
4) Notice of Open Record and Appeal Hearings ................................................................... 40
5) Combined Public Hearings ................................................................................................ 41
3. Amendments to Other Parts of the Tumwater Municipal Code .............................................. 41
A. TMC Chapter 2.58 Hearing Examiner ................................................................................... 42
B. TMC Title 11 Telecommunications and Telecommunication Facilities ................................ 43
C. TMC Title 13 Public Services ................................................................................................. 43
D. TMC Title 15 Buildings and Construction ............................................................................. 43
E. TMC Title 16 Environment .................................................................................................... 44
F. TMC Title 17 Land Division .................................................................................................... 44
G. TMC Title 18 Zoning .............................................................................................................. 44
1) Site Plan Review ................................................................................................................ 44
2) Comprehensive Plan and Development Code Amendments ........................................... 49
4. Next Steps ................................................................................................................................. 49
A. Planning Commission Review and Recommendation Process ............................................. 49
B. City Council Review and Approval Process ........................................................................... 50
1. The Project Review Process - Simplified

The amendments to TMC Title 14 are intended to establish the review and approval processes
for three types of land use permit applications:
Type I – Land use permits that are approved administratively by the director of community
development and do not require SEPA review.
Type II – Land use permits that are approved administratively by the director of community
development and require SEPA review.
Type III – Land use permits that require a hearing before the hearing examiner.
The diagram below illustrates the review process for the proposed Type I – III land use permit
applications.
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1.
•A. Feasibility Review (optional)
Preapplication •B. Preapplication Conference (required)
Process
•A. Determine Application Type (I - III)

2. Application •B. Determine the Procedural Application
Submittal Materials Required
Submittal •C. Application Submittal
•D. Determination of Completeness (Types II - III)
•A. Notice of Application (Types II - III)

•B. Distribution of Application for Review
3. Application •C. SEPA Review (Types II - III)
•Review and Approval Times: Type I - 90
Review Days, Type II - 120 Days, and Type III -
170 Days
•D. Recommendation for Decision
•A. Administrative Decision (Types I - II)

4. Permit •B. Hearing (Type III)
Decision •C. Descision Notice (Type I)
•D. Notice of Decision (Types II - III)
•A. SEPA Appeal

5. Permit •B. Land Use Permit Decision Appeal to
Appeals Hearing Examiner (Types I - II) or
Superior Court (Type III)
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2. Proposed Amendments to TMC Title 14

The proposed ordinance will replace all the current regulatory language in TMC Title 14
Development Code Administration with new regulatory language. This section describes the
purpose for each of the parts of the proposed new title with the proposed amendments found in
Ordinance No. O2024-005.
A. Proposed New Structure for TMC Title 14

The proposed new structure for TMC Title 14 Development Code Administration below will
replace the entire current chapter and section structure of the title.
The intent of the proposed new structure is to make TMC Title 14 more intuitive by starting with
key general provisions in the first chapter. The new land use permit application framework for
the three types of permits is in the second chapter, including examples of permits in each type,
the recommendation, decision, and appeal authorities for each permit type, and, most
importantly for addressing the new state regulations, the maximum review periods for each
permit type. The preapplication and land use permit application submittal process is then
described in the third chapter, followed by the land use permit application review and decision
and appeal processes in the last two chapters.
Chapter 14.10
GENERAL PROVISIONS
14.10.010 Intent.
14.10.020 Definitions.
14.10.030 Applicability.
14.10.040 Time limits.
14.10.050 General notice requirements.
14.10.060 Determination of a substantially different proposal.
14.10.070 Expiration of approvals.
14.10.080 Other provisions.
Chapter 14.12
LAND USE PERMITS
14.12.010 Land use permit application procedures and types.
14.12.020 Decision and appeal authorities.
14.12.030 Land use permit application review periods.
Chapter 14.14
LAND USE PERMIT PREAPPLICATION AND APPLICATION PROCESS
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14.14.010 Feasibility review.

14.14.020 Preapplication conference.
14.14.030 Land use permit applications.
14.14.040 Determination of completeness.
Chapter 14.16
LAND USE PERMIT APPLICATION REVIEW
14.16.010 Land use action review and determination of consistency.
14.16.020 Initial State Environmental Policy Act analysis.
14.16.030 Categorically exempt and planned actions.
14.16.040 Referral and review of land use permit applications.
14.16.050 Notice of application.
Chapter 14.18
LAND USE PERMIT APPLICATION DECISIONS AND APPEALS
14.18.010 Notice of decision.
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 allowed.
B. General Provisions
The intent of the proposed general provision section of TMC Title 14 is to address the universal
elements of the land use permitting process.
1) Intent and Applicability

A) Intent
The proposed new intent section of TMC Title 14 updates the current intent section and is
intended to establish the purpose of the title. Portions of the intent section are from the current
TMC Title 14 while proposed amendments are based on RCW 36.70B.030.
The proposed new language for the section is as follows:
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TMC 14.10.010
A. The purpose of this title is to combine and consolidate the application, review, and
approval processes for land use in the city of Tumwater in a manner that is clear, concise, and
understandable. It is further intended to comply with state guidelines for expediting
development review and integrating environmental review and land use regulations.
B. Fundamental land use planning choices made in the city’s comprehensive plan and
development regulations shall serve as the foundation for land use permit review. The review
of a proposed project's consistency with applicable development regulations, or, in the
absence of applicable regulations, the city’s adopted comprehensive plan, shall be
incorporated into the determinations made in this title.
C. These procedures provide for an effective processing and review of land use permit
applications consistent with Chapter 36.70B RCW.
D. This title is applied in conjunction with TMC 2.58 Hearing Examiner; TMC Title 15 Buildings
and Construction; TMC Title 16 Environment; TMC Title 17 Land Division; TMC Title 18 Zoning;
the city’s shoreline master program; and other applicable codes and standards.
E. Unless another department or agency is the primary agency in a permit process, the
director of the community development department shall administer the provisions hereof
and may adopt such rules as will assist in administering these provisions.
F. Notwithstanding the city’s authority to issue land use permit approvals within the period
established by this title, the city should strive to process land use permits in a timely manner.
Provided, however, permit processing should not be conducted so as to adversely affect the
public’s right to provide appropriate input to the process and exercise appeal rights.
An important change to the current TMC Title 14 is that the definition of “project permit” was
amended by SB 5290 in RCW 36.70B.020(4) to remove building permits from the state’s definition
of a project permit. The definition in RCW 36.70B.020(4) also refers to a “"project permit" or
"project permit application" means any land use or environmental permit or license required from
a local government for a project action.” This is why staff proposed to refer to “project permits”
as “land use permits” throughout the proposed TMC Title 14 amendments to differentiate them
from “building permits” and “construction permits,” which are not part of the RCW definition
below but are addressed elsewhere in the RCW and by the City in TMC Title 15 Buildings and
Construction.
This is important because it reduces the current scope of permits covered by TMC Title 14.
RCW 36.70B.020(4) states:
"Project permit" or "project permit application" means any land use or environmental permit
or license required from a local government for a project action, including but not limited to
subdivisions, binding site plans, planned unit developments, conditional uses, shoreline
substantial development permits, site plan review, permits or approvals required by critical
area ordinances, site-specific rezones which do not require a comprehensive plan amendment,
but excluding the adoption or amendment of a comprehensive plan, subarea plan, or
development regulations except as otherwise specifically included in this subsection.
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B) Applicability
Building on the change of state definition to “project permits,” which are called “land use permits”
in the TMC Title 14 as noted above, the proposed applicability section of the title defines the
scope and applicability of TMC Title 14 as follows:
TMC 14.10.030
A. By adopting this title, the city has consolidated land use permit application and review
procedures to integrate land use permit and environmental review processes to avoid
duplication.
B. Approval of a land use permit application must be completed, and all appeal periods
terminated prior to application for a building or any other construction permit.
1. The applicant shall construct and develop projects that have been reviewed as land
use permit applications in compliance with the approved site plan and conditions attached
thereto.
2. In limited circumstances, the director may allow by a written decision for building and
other construction permits to be submitted for review prior to the completion of all land
use permit application approvals and appeals. Such a decision shall be subject to the
applicant assuming responsibility if changes to the building or construction permit
application are required to meet the subsequent land use permit application approval or
appeal resolution.
C. A land use permit approval under this title is required for the following actions:
1. A change of use of land, variance, planned unit development, site plan review,
application of citywide design guidelines, or other land use permit approvals in TMC Title
18 Zoning, aside from those approvals excluded in TMC 14.10.030(D), including:
a. Any addition that results in a substantial revision to the approved site plan or land
use permit application as defined in TMC 14.10.060;
b. Any new nonresidential use of land; and
c. The location or construction of any nonresidential building or any project which
contains five or more dwelling units;
2. Environmental permit approvals pursuant to TMC Title 16 Environment;
3. Land division approvals pursuant to TMC Title 17 Land Division;
4. Shoreline approvals pursuant to the city’s shoreline master program; and
5. Site-specific rezones that do not require a comprehensive plan amendment pursuant
to TMC 18.60.
D. The following approvals are not subject to the review and approval procedures in this
title:
1. Building and construction approvals pursuant to TMC Title 15 Buildings and
Construction;
106
2. Floodplain development permits pursuant to TMC 18.38;

3. Text amendments to the municipal code, general area rezones, site-specific rezones
that require a comprehensive plan amendment, and comprehensive plan text or map
amendments pursuant to TMC 18.60; and
4. Any other approvals not listed in TMC 14.10.030(C).
2) Term Definitions
The updated definition section of TMC Title 14 is proposed to include the following terms, some
of which are based directly on terms defined in RCW 36.70B, such as the definition of “days” and
“open record hearing” for example:
TMC 14.10.020
A. “City” means the city of Tumwater, Washington.
B. “Closed record appeal” means an administrative appeal on the record to a city body or
officer, or another agency if they have approval authority, following an open record hearing
on a land use permit application when the appeal is on the record with no or limited new
evidence or information allowed to be submitted and only appeal argument allowed.
C. “Days” means calendar days, including weekends and holidays.
D. “Department” means the community development department.
E. “Determination of completeness” means a written determination by the director that a
land use permit application is procedurally complete, and all required elements of an
application have been received by the department. This determination initiates the statutory
review period for the application, if any, and subject to certain exceptions, entitles the
applicant to have the application considered and reviewed pursuant to the laws, regulations,
and standards in effect on the date the application was complete.
F. “Development guide” means the Tumwater development guide pursuant to TMC
15.02.010 or as subsequently amended.
G. “Development review committee” means a group of development review staff from city
departments assigned by the director to conduct preapplication conferences and review land
use permit applications.
H. “Director” means the director of the community development department of the city, or
their designee, unless another department or agency oversees the proposed land use action
in which case it refers to the chief administrative officer of that department or agency. The
director, or their designee, shall serve as the city’s designated permit coordinator.
I. “Feasibility review” means an optional preapplication conference between a prospective
applicant or development proponent and the development review committee to provide
limited information on applicable development and site requirements as a precursor to a
preapplication conference.
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J. “Land use permit” means any land use or environmental permit or license required from
the city for a land use action, including but not limited to subdivisions, binding site plans,
planned unit developments, conditional uses, shoreline substantial development permits, site
plan review, permits or approvals required by critical area ordinances, site-specific rezones
which do not require a comprehensive plan amendment, but excluding the adoption or
amendment of the comprehensive plan, a subarea plan, or development regulations. A land
use action also includes any proposal for the development of any new commercial, industrial,
institutional, or multifamily (five units or more) structure or addition or modification to a
commercial, industrial, institutional, or multifamily structure or change in occupancy of such
an existing structure that changes utility requirements, parking requirements or necessitates
additional site improvements.
K. “Open record hearing” means a hearing, conducted by the city hearing examiner, or
another body identified in TMC Table 14.12.020(A), that creates the record through testimony
and submission of evidence and information. An open record hearing may be held prior to a
decision on a land use permit to be known as an “open record predecision hearing.” An open
record hearing may be held on an appeal, to be known as an “open record appeal hearing,” if
no open record predecision hearing was held on the land use permit.
L. “Planned action” means one or more types of land use actions that are designated planned
actions by city ordinance or resolution as more particularly outlined in TMC 14.16.030(B).
M. “Preapplication conference” means a meeting between an applicant and the
development review committee usually held after a “feasibility review,” but prior to
submission of a land use permit application designed to evaluate developing application
submittal documents, to answer questions and provide procedural information to prospective
applicants, and to guide applicants with preparation of a land use permit application
submittal.
3) Time Limits
The most important changes made to RCW 36.70B by SB 5290 were modifications to the number
of days the City has to review applications before a decision has to be issued and the
establishment of monetary penalties to jurisdictions who do not meet these timelines in RCW
36.70B.080.
These new requirements have resulted in changes throughout TMC Title 14, starting with this
proposed new section detailing how time limits are calculated and applied and monetary
penalties if they are not met.
Note that the time limits start the day that an application is determined to be complete until the
day a final decision is made by the director or hearing examiner. The time limits also include all
required notice and comment periods.
TMC 14.10.040
A. Except as otherwise provided in this title, the director shall issue a notice of final decision
or approve a land use permit application within the number of days established by TMC Table
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14.12.030 after notifying the applicant that such an application is complete, as provided in
TMC 14.14.040.
B. In determining the number of days that have elapsed after the director has established
that a land use permit application is complete, the following periods shall be excluded:
1. Any period after an applicant informs the city in writing that they would like to
temporarily suspend review of the land use permit application until the time that the
applicant notifies the city in writing that they would like to resume the review of the
application.
a. The city may set a time limit and conditions for the temporary suspension of a land
use permit application.
b. If an applicant informs the city in writing that the applicant would like to
temporarily suspend the review of the land use action for more than sixty days, an
additional thirty days shall be added to the time periods for the city to take action to
issue a final decision for each type of land use permit subject to this title;
2. Any period during which the applicant has been requested by the city to correct plans,
perform required studies, or provide additional required information.
a. This period shall be calculated from the date the director notifies the applicant of
the need for additional information until the earlier of the date the director determines
whether the additional information satisfies the request for information or fourteen
days after the date the information has been provided.
b. If the director determines that the information submitted by the applicant is
insufficient under TMC 14.14.040(A)(2), the director shall notify the applicant of the
deficiencies and the procedures under TMC 14.14.040(F) shall apply as if a new request
for studies had been made.
c. If an applicant is not responsive for more than sixty consecutive days after the
director has notified the applicant in writing that additional information is required to
further process the land use permit application, an additional thirty days shall be
added to the time periods for the city to take action to issue a final decision for each
type of land use permit subject to this chapter.
d. A land use permit application shall expire if an applicant does not respond in
writing to a request for additional information within ninety days.
e. Any written notice from the director to the applicant that additional information
is required to further process the land use permit application must include a notice
that nonresponsiveness for sixty consecutive days may result in thirty days being
added to the time for review and that such an application will expire pursuant to TMC
14.10.040(B)(2)(d).
f. For the purposes of this subsection, not being responsive means that an applicant
is not making demonstrable progress on providing additional requested information
to the city, or that there is no ongoing written communication from the applicant to
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the city on the applicant's ability or willingness to provide additional requested

information;
3. Any period during which an environmental impact statement is being prepared
following a determination of significance pursuant to Chapter 43.21C RCW;
4. Any period after an administrative appeal is filed until the administrative appeal is
resolved and any additional time period provided by the administrative appeal has
expired; and
5. Any extension of time mutually agreed upon in writing by the applicant and the
director.
C. The time limits established by TMC Table 14.12.030 do not apply if a land use permit
application:
1. Requires approval of the siting of an essential public facility as provided in RCW
36.70A.200; or
2. Is substantially revised by the applicant as determined by the process in TMC 14.10.060,
in which case the time period shall start from the date at which the revised land use permit
application is determined to be complete under TMC 14.14.040.
D. If Review Time Limits are not Met.
1. If the director is unable to issue their final decision within the time limits provided for
in TMC Table 14.12.030, as extended as allowed by TMC 14.10.070, the director shall
refund a portion of the land use permit application fee to the applicant.
2. The portion of the fee refunded for the city missing time periods shall be:
a. Ten percent if the final decision of the land use permit application was made after
the applicable time limit in TMC Table 14.12.030 but the period from the end of the
time limit to the time of issuance of the final decision does not exceed twenty percent
of the original time limit; or
b. Twenty percent if the end of the applicable time limit in TMC Table 14.12.030 to
the time of the issuance of the final decision exceeded twenty percent of the original
time period.
E. Regardless of whether any period is a minimum or maximum, when any land use permit
review, notice, or decision time limit of this title terminates on a weekend or city holiday, such
time limit automatically extends to the first following non-holiday weekday.
4) Public Notice Requirements

Several notices are required to be issued throughout the development review process. The
current code language about notice requirements has been revised in the proposed code as
follows to establish general guidelines for such notices.
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TMC 14.10.050
A. Notices that are required by this title should be distributed as follows:
1. Publication in the official newspaper if one has been designated or a newspaper of
general circulation in the city;
2. Mailing to all owners of property as listed on the records of the Thurston County
assessor within three hundred feet of the boundaries of property which is the subject of
the meeting, hearing, or pending land use action. The director may extend notification
beyond three hundred feet in cases where the director has determined the area notified
does not provide adequate notice to neighbors affected by the pending action. Addressed,
prestamped envelopes shall be provided by the applicant;
3. Posting at least one notice on the subject property by the applicant in accordance with
specifications provided by the department; and
4. Whenever practical, the director may utilize additional forms of notice.
B. Content of Notice. The public notice shall include:
1. The address, location, and a vicinity map or sketch of the property which is the subject
of the land use permit application;
2. The date, time, location, and purpose of the meeting or hearing;
3. A general description of the proposed project or land use action to be taken; and
4. A place where further information about the meeting or hearing may be obtained.
C. Public notices shall be written in a form and use words easily understood by the public.
Any technical terms or complex legal phrases should either be avoided or restated in
commonly understood language.
D. All notices shall specify the first and last date and time by which written public comment
may be submitted.
E. All notices are deemed to have been provided or received on the date the notice is
deposited in the mail, sent electronically, or personally delivered, whichever occurs first.
F. Optional Public Notice. In addition to required public notice, the city may provide notice
to other individuals or organizations interested in or possibly affected by the proposal.
G. Failure to provide public notice as described in this title is not grounds for invalidation of
a decision on a land use permit.
5) Substantially Different Proposals

Another new change to TMC Title 14 proposed by City permitting staff is intended to address
development proposals that have land use permit applications currently in for City review that
change to such a degree during the review process that they result in a dramatically different
project than what was originally proposed.
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A new code section has been proposed to address this issue.

TMC 14.10.060
A. If the director determines that the content of a land use permit application has been so
substantially revised by an applicant, either voluntarily or to conform with applicable
standards and requirements, that such revised proposal constitutes a substantially different
proposal than that originally submitted, the director shall determine that the revised proposal
is a new land use permit application.
B. In reaching a determination whether a revision is so substantial as to constitute a new
land use permit application, the director shall consider:
1. The relative and absolute magnitude of the revision;
2. The environmental sensitivity of the site; and
3. Any changes in location of significant elements of the proposed project and their
relation to public facilities, surrounding lands and land uses, and the stage of review of
the proposal.
C. Lesser revisions that would not constitute substantial revisions during preliminary stages
of review may be substantial during later stages due to the reduced time and opportunity
remaining for interested parties to review and comment upon such changes.
D. The director shall provide a written notice of the determination that the revision is so
substantial as to constitute a new land use permit application to the applicant and all parties
of record.
E. The director’s determination that a revision is so substantial as to constitute a new land
use permit application shall result in the time periods set forth in TMC Table 14.12.030 to
restart from the date when such a revised application is determined to be complete.
F. The revised land use permit application is subject to all laws, regulations, and standards
in effect on the date of receipt of such a revised application.
6) Land Use Permit Expirations

Except for variances and reasonable use exemptions, land use permit approvals expire unless
building and construction permits are issued, and construction is completed in a timely manner.
The permit expiration section of the current TMC Title 14 is proposed to be updated as follows.
Note that there are exceptions to the times for some land use actions such as preliminary and
final plats, which are based on the state subdivision code, and for other City approvals such as
conditional use permits, variances, site plan review, and reasonable use exemptions, and a special
exception addressing projects that need federal incidental take permits.
TMC 14.10.070
A. An applicant is responsible for knowing the expiration date of any land use permit
approval as the city is not responsible for notifying an applicant of expirations.
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B. Land Use Permit Approval.

1. Except as noted elsewhere in this section, land use permit approvals shall be valid for
a period of eighteen months.
a. A land use permit approval expires and is null and void eighteen months from the
date the final approval was issued unless complete applications for necessary building
and construction permits have been submitted or a different time limitation is
established by this section.
b. A specific land use permit approval time period, as deemed necessary by the nature
of the proposed project or the other permits required by the proposed project, may be
imposed by the director as a condition of the initial land use permit approval.
c. A land use permit approval may be extended an additional six months if complete
building and construction permit applications for the proposed project are submitted
prior to expiration of the land use permit approval.
d. Even absent such building and construction permit applications, upon finding that
there has been no substantial change in relevant circumstances and standards, land
use permit approval may be extended up to one additional year by the director
pursuant to a written request submitted prior to the expiration of land use permit
approval.
i. The director may grant, limit, or deny the extension and may impose such
conditions of extension to ensure compliance with any subsequently revised
standards.
ii. If such a written request for extension is not received by the department prior
to expiration, the director shall deny such extension.
2. If there are multiple land use permit approvals for a project with conflicting approval
periods, the longest approval period shall be followed.
C. Land Divisions.
1. Preliminary Plats. The duration of preliminary plat approvals is found in TMC 17.14.080.
2. Final Plats. The time limit for filing an approved final land division is found in TMC
17.24.100.
D. Conditional Use Permits. Time limitations for conditional use permit approvals are found
in TMC 18.56.070.
E. Planned Unit Developments. Time limitations for planned unit development approvals are
found in TMC 18.36.170.
F. Site Plan Reviews. Time limitations for site review approvals are found in TMC 18.55.070.
G. Design review approvals expire simultaneously with expiration of any associated land use,
building, or other construction permit or approval.
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H. Variances and Reasonable Use Exceptions. Unless utilized, a variance or reasonable use
exception expires eighteen months from the date a final decision is issued.
I. United States Fish and Wildlife Service Incidental Take Permits.
1. For land use permit approvals issued by the city which are affected by the United
States Fish and Wildlife Service’s requirement for an incidental take permit, the director
may issue time extensions in one year increments until an areawide or individual habitat
conservation plan is approved by the U.S. Fish and Wildlife Service.
2. In no case shall time extensions for incidental take permits exceed three years.
3. During such extensions granted pursuant to this subsection, approvals shall continue
to be subject to the conditions of approval and vested rights that applied to the approval
prior to the extension, except for storm drainage standards, design standards, and
building and fire codes, unless the incidental take permit would significantly alter the
approval.
7) Other General Provisions

The final proposed section of the first chapter of the amended TMC Title 14 addresses some other
important general provisions, including the land use code interpretation process and how
building or construction permits cannot be issued unless the project conforms to the land use
approval process of the amended title.
TMC 14.10.080
A. Land Use Code Interpretations.
1. Purpose and applicability.
a. The purpose of this section is to establish the procedure for interpreting provisions
of city land use codes to clarify conflicting or ambiguous wording.
b. The director is authorized to make written interpretations of the provisions of the
following titles of the Tumwater Municipal Code:
i. TMC Title 14 Development Code Administration;
ii. TMC Title 16 Environment;
iii. TMC Title 17 Land Division;
iv. TMC Title 18 Zoning; and
v. Shoreline Management Program.
c. Issuance of an interpretation of the provisions of the codes cited in TMC
14.10.080(A)(1)(b) shall not amend the code.
2. Interpretation requests.
a. Requests may be made by an applicant prior to the submission of a land use permit
application.
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i. A written request on a form provided by the department shall be submitted

that specifies each provision of the code in TMC 14.10.080(A)(1)(b) for which an
interpretation is requested.
ii. The written request shall specify why an interpretation of each provision is
necessary and any reasons or materials in support of the proposed interpretation.
b. Code interpretations after a land use permit application has been submitted shall
be made as part of the applicable land use permitting process pursuant to TMC Title
14 Development Code Administration.
3. Procedure.
a. The director shall evaluate the request and determine whether the request is
justified or not;
b. If the director determines that the request is justified, the request shall be:
i. Processed as a Type I land use permit application type decision; or
ii. Consolidated with the process associated with a preapplication conference.
c. The director shall consult with the State Department of Ecology regarding any
interpretation of the shoreline management program.
4. Factors for consideration. In making an interpretation of the provisions of the land use
code, the director shall consider the following criteria:
a. The applicable provisions of the land use code including their purpose and context;
b. The impact of the interpretation on other provisions of the code;
c. The implications of the interpretation for development within the city as a whole;
and
d. The applicable provisions of the comprehensive plan and other relevant codes and
policies.
5. Issuance of interpretation.
a. The director shall issue a written interpretation within thirty days of the
department’s receipt of the interpretation request.
b. Issuance of the interpretation shall include notification of the person making the
request and publication of the interpretation on the city’s website.
c. Issued interpretations are not project approvals.
6. Appeals.
a. The applicant may file an appeal of an issued interpretation.
b. The appeal shall follow all rules and procedures for appeals of Type I land use
permit applications.to the hearing examiner as set forth in TMC Title 14 Development
Code Administration.
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B. Dedication, Improvements, and Performance Bonds. As a condition of land use permit

approval, the city may require an applicant to dedicate property, construct public
improvements, or furnish performance bonds to the city to secure an obligation to complete
the provisions and conditions of the land use permit as approved.
C. Building and Construction Permits. The city shall not issue any building permit for the
construction, alteration, or relocation of any building, structure, or part thereof or
construction permit for the construction of any site improvements unless the plans,
specifications, and intended use of such building or structure and site conforms in all respects
to the final land use permit approval(s) required by this title.
D. Fees. Land use permit application fees are established by city council resolution.
E. Vesting. Land use permit approvals vest according to TMC 15.44 and other applicable
state and federal laws.
F. Conflicts. In the event of conflicts between the procedural requirements of this title and
other development regulations of the city, the provisions of this title shall control.
C. Land Use Permits

The second proposed chapter of TMC Title 14 establishes the new land use permit application
framework for the three types of permits, including examples of permits in each type, the
recommendation, decision, and appeal authorities for each permit type, and, most importantly
for addressing the new state regulations, the maximum review periods for each permit type.
1) Land Use Permit Application Procedures and Types

The first proposed section of the chapter describes the three permit types (Types I – III) and
provides examples of each type. Note that the recent change in state law excludes building
and construction permits which are addressed in TMC Title 15 Buildings and Construction
from these land use permit requirements.
TMC 14.12.010
A. An applicant seeking land use permit approval shall apply on forms provided by the city
and provide all the items noted on land use permit application checklists, unless waived in
writing by the director.
B. Application fees as established by the city are due at the time of submittal of a land use
permit application.
C. Applicable procedures for the review and decision on land use permit applications are
pursuant to the provisions of this title.
D. Land Use Permit Application Types.
1. The director shall determine the proper land use permit application type for the
processing of each application pursuant to the provisions of this title.
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2. Land use permit applications are categorized as Type I, Type II, or Type III.
a. Type I. Administrative decisions by the director who may approve, conditionally
approve, or deny the application.
b. Type II. Administrative decisions by the director with specified public notice. The
director may approve, conditionally approve, or deny the application.
c. Type III. Hearing examiner decisions following a public hearing. The hearing
examiner may approve, conditionally approve, or deny the application.
3. TMC Table 14.12.010 identifies examples of the types of land use permit applications
included in each application type.
4. Decision and appeal authorities for each land use permit application type is identified
in TMC Table 14.12.020(A).
5. Permit notice requirements for each land use permit application type is identified in
TMC Table 14.12.020(B).
6. Review times for each land use permit application type is identified in TMC Table
14.12.030.
Table 14.12.010
Land Use Permit Application Types1
Land Use Permit
Examples
Application Type
Boundary line adjustments, critical area requests for determination of

applicability, final plats, home occupation permits, land clearing
permits, land use code interpretations, lot consolidations, plat time
Type I extensions, preliminary short plats, preliminary SEPA threshold
determinations (if EIS is required), reasonable use exemptions,
shoreline exemptions, site plan review, sign permits, temporary use
permits, and tree permits
Type II Any Type 1 permits that are not SEPA exempt
Binding site plans (phased), conditional use permits, planned unit

developments, plat alternations with hearing, plat vacations,
preliminary plats, replats, shoreline conditional use permits, shoreline
Type III
substantial development permits, shoreline variances, site-specific
rezones not requiring a comprehensive plan amendment, and zoning
variances
TMC Table 14.12.010 Explanatory Notes:

1 The table is not an exhaustive list of all land use permit application types. For any land use permit
application not listed in the table, the director will determine the application type.
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2) Land Use Permit Decision and Appeal Authorities

The second proposed section of the chapter describes the final recommendation, decision, and
appeal authorities and the public notice requirements for each of the three permit types. The
section also describes the role of department staff, the development review committee,, the
director, and the hearing examiner in the land use permit application review and approval
process.
TMC 14.12.020
A. TMC Table 14.12.020(A) describes the final decision and appeal authorities for each land
use permit application type.
1. When separate land use permit applications are consolidated under TMC 14.16.040(B)
the final decision and appeal shall be rendered by the highest authority designated for any
part of the consolidated application in TMC Table 14.12.020(A).
2. Hearing examiner decisions may be appealed to superior court, except final shoreline
permit actions which may be appealed to the shoreline hearings board.
B. TMC Table 14.12.020(B) provides public notice requirements for each land use permit
application type. When separate land use permit applications are consolidated under TMC
14.16.040(B), the public notice requirements in TMC Table 14.12.020(B) shall be based on the
highest land use permit application type in the consolidated application.
C. A land use permit approval may be amended at the applicant’s request by the same
procedures provided under this title for the original land use permit application approval and
is subject to TMC 14.10.060.
D. The review process for a land use permit application may include review and approval by
the following entities:
1. Department Staff. Individual department staff shall have the authority to:
a. Review and make recommendations to the director to approve, deny, modify, or
conditionally approve Type I land use permit applications, and
b. Provide recommendations to the director regarding land use code interpretations.
2. Development Review Committee.
a. The development review committee shall have authority to:
i. Conduct feasibility reviews;
ii. Conduct preapplication conferences;
iii. Provide recommendations to the director regarding land use code
interpretations;
iv. Make recommendations to the director to approve, deny, modify, or
conditionally approve Type II land use permit applications; and
v. Make recommendations to the hearing examiner to approve, deny, modify, or
conditionally approve Type III land use permit applications;
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b. The committee shall adopt rules of procedure for the purpose of ensuring fair,
lawful, and timely recommendations; and
c. The committee agenda shall be prepared and posted by the department pursuant
to the notification standards found in TMC 14.10.050.
3. Director. The director shall have the authority to:
a. Approve, approve with conditions, or deny Type I or II land use permit applications
including SEPA determinations, so long as such actions are in conformity with the
Tumwater Municipal Code;
b. Consider pertinent facts bearing on land use permit applications in making their
decision; and
c. Refer a Type I or Type II land use permit application to the hearing examiner for an
open record public hearing, if the director determines such an application is
extraordinarily complex or presents significant environmental, design, or compatibility
issues.
4. Hearing Examiner. The hearing examiner shall have the authority vested pursuant to
TMC 2.58.090 to:
a. Conduct open record public hearings on Type III land use permit applications and
appeals of director decisions on Type I and II land use permit applications, including
SEPA determinations;
b. Approve, approve with conditions, or deny Type III land use permit applications
including SEPA determinations, so long as such actions are in conformity with the
Tumwater Municipal Code;
c. Decide appeals of director decisions on Type I and II land use permit applications,
including SEPA determinations; and
d. Consider pertinent facts bearing on land use permit applications in making their
decision.
Table 14.12.020(A)
Decision and Appeal Authority
Appeal To (Open
Land Use Permit Decision
Recommendation Hearing Body or Closed Record
Application Type Authority
Appeal)
Type I DRC N/A DIR HEX
Type II DRC N/A DIR HEX
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Appeal To (Open
Land Use Permit Decision
Recommendation Hearing Body or Closed Record
Application Type Authority
Appeal)
DIR - site-specific
Superior Court or
rezones not
requiring a WA State ELUHO
Type III comprehensive HEX HEX for shoreline
plan amendment. permits (closed
record)
DRC – All others.1
TMC Table 14.12.020(A) Legend:

CC – City Council
DIR – Director of the Community Development Department
DRC – Development Review Committee
ELUHO – State Environmental and Land Use Hearings Office
HEX – Hearing Examiner
N/A – Not Applicable
PC – Planning Commission
TMC Table 14.12.020(A) Explanatory Notes:
1Decisions on shoreline conditional use permits are issued by the city and the city’s decision can
be appealed. The city’s decision is sent to the State Department of Ecology for further review and
approval or disapproval. After the city appeal process and Ecology’s review processes are
complete, appeals may be made to the ELUHO within twenty-one days of the “date of filing” as
defined in RCW 90.58.140(6).
Table 14.12.020(B)
Public Notice Requirements
Land Use Permit Determination of Notice of Notice of
Notice of Hearing
Application Type Completeness Application Decision
Type I No No N/A1 No
Type II Yes Yes N/A1 Yes
Type III Yes Yes Yes Yes
TMC Table 14.12.020(B) Explanatory Notes:
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1 If Type I or Type II land use permit application types are appealed, then notice of hearing
requirements would apply.
3) Land Use Permit Application Review Periods

The third proposed section of the chapter describes the review periods required for each of the
permit types. The number of days shown in the proposed TMC Table 14.12.030 are the maximum
days established in state, which may be modified by the City following the process in RCW 36.70B.
TMC 14.12.030
A. Review Period.
1. The decision authority established in TMC Table 14.12.020(A) shall make a final
decision on a land use permit application within the time limits set forth in TMC Table
14.12.030.
a. When separate land use permit applications are consolidated under TMC
14.16.040(B), the time limits for review in TMC Table 14.12.030 shall be based on the
highest land use permit application type in the consolidated application.
b. The city shall review and process a land use permit application to allow for a final
decision by the decision authority established in TMC Table 14.12.020(A) within the
time limits set forth in TMC Table 14.12.030.
Table 14.12.030
Land Use Permit Application Review Times
Land Use Permit
Time in Review
Application Type
90 days
Type I
• Final Plat: 30 days (TMC 17.24.050)
Type II 120 days
170 days
Type III
• Preliminary Plat: 90 days (RCW 58.17.140)
B. Time Limit Exceptions. The time limits set forth above do not include:
1. Up to the first twenty-eight days after receipt of a land use permit application, during
which the city determines whether the application is complete pursuant to TMC 14.14.040.
2. Any period during which the applicant has been requested by the city to correct plans,
perform studies, or provide additional information pursuant to TMC 14.14.040(D).
3. Any appeal period. See TMC Chapter 14.18 for appeal procedures.
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4. Any extension of time mutually agreed upon by the applicant and the city under TMC
14.10.040.
5. The time required to prepare and issue an environmental impact statement in
accordance with SEPA.
D. Preapplication Process
Before a land use permit application is submitted to the City for review and approval, a
preapplication meeting is required between the applicant and the City’s development review
committee to discuss the process, review preliminary materials, and determine the materials that
need to be submitted for an application to be determined complete.
1) Feasibility Review
The first level of a feasibility review is an optional step that allows an applicant to meet with the
development review committee to present a proposed project for an initial review to help
determine if it could be viable.
TMC 14.14.010
A. At the option of the applicant, the development review committee will provide limited
information through a feasibility review as a precursor to a preapplication conference as
described in TMC 14.14.020.
B. For a feasibility review, the applicant need not have available all the information required
on the feasibility review application.
C. The information provided by the development review committee will be verbal only and
limited by the detail of the information provided by the applicant.
D. Feasibility review applications shall be scheduled for specific time periods on the agenda
prepared for development review committee meetings each week.
E. Feasibility reviews shall be public meetings, unless requested otherwise in writing by the
development proponent with submittal of the feasibility review application.
2) Preapplication Conference
The preapplication conference requires the applicant to present the proposed project for
development review committee for review and comment with intent of allowing the subsequent
land use permit application to be processed expeditiously.
TMC 14.14.020
A. A land use permit application shall not be accepted for processing until the applicant has
scheduled and attended a preapplication conference with the development review committee,
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except in the case of minor development proposals such as fences, small detached buildings,
and individual single-family residences, duplexes, triplexes, and quadplexes.
B. The purpose of the preapplication conference is to enable the applicant to present the
project proposal to the development review committee and to understand the intent,
standards, and provisions of the applicable development regulations that will be required of
land use permit applications.
C. The objective of the preapplication conference is to analyze and identify potential issues
and develop the proposal toward submittal of land use permit applications to eliminate as
many potential problems as possible in order for land use permit applications to be processed
without delay or undue expense.
D. At the preapplication conference, the applicant shall present to the development review
committee preliminary studies or conceptual sketches which contain in a rough and
approximate manner based on the information required in the preapplication conference
application.
E. At the preapplication conference, the development review committee shall make available
all pertinent information related to the project area.
F. The preapplication conference should take place prior to detailed work by the applicant’s
engineer or surveyor. Discussion topics at conferences would include such things as:
1. The comprehensive plan and subarea plans;
2. The shoreline master program;
3. The regulatory requirements of the following titles:
a. TMC Title 14 Development Code Administration;
b. TMC Title 15 Buildings and Construction;
c. TMC Title 16 Environment;
d. TMC Title 17 Land Division, if applicable; and
e. TMC Title 18 Zoning;
4. Transportation requirements:
a. The transportation plan and transportation concurrency;
b. Sidewalk requirements;
c. Bike paths; and
d. Bus stops;
5. Utilities:
a. Availability of sewer and water; and
b. Need for utility extension or oversizing;
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6. Phasing of off-site requirements such as sidewalks, streetlights, traffic signals, utilities,

or improvement of adjacent streets;
7. Latecomer charges;
8. Storm drainage and erosion control;
9. Citywide design guidelines;
10. Other city requirements and permits;
11. Features of the development, and the rationale behind them;
12. If the applicant owns adjacent land, the possibilities of future development shall be
discussed; and
13. Application review process and timelines.
G. The development review committee will provide the applicant with written comments on
how the proposed project conforms to city policies and regulations, which will include a list of
all the materials needed to make land use permit applications procedurally complete and the
requirements for land use permit approval.
H. The development review committee will evaluate whether a proposed project has
potential to significantly affect the character or environment of an area; and in such cases,
will encourage the development proponent to participate in additional notification efforts
including, but not limited to, a public information meeting with members of the public
potentially affected by the proposal.
I. Applications for preapplication conferences shall be scheduled for specific time periods on
the development review committee agenda each week.
J. Preapplication conferences shall be public meetings and meeting notices shall be posted
on the city’s website and sent to parties on the city’s public notice list.
K. The director may waive the requirement for a preapplication conference in individual
cases if the department and the applicant agree in writing that a proposal is ready for land
use permit application submittal.
E. Land Use Permit Applications Submittals

Significant changes in state law were made to the determination of completeness process. The
City now needs to be able to determine if a land use permit application is “procedurally complete.”
Determination whether an application is procedurally complete has two parts:
1. A complete definition of the elements that make up a land use permit application that in
turn can be modified by each kind of land use permit; and
2. A determination by the City that what an applicant presents to the City when they submit
a land use permit application is complete and ready for further review.
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1) Land Use Permit Applications

The third section of the third chapter of TMC Title 14 details what needs to be in a land use permit
application for it to be considered procedurally complete.
TMC 14.14.030
A. Land use permit applications shall be submitted using the forms provided by the
department.
B. A land use permit application that is procedurally complete shall consist of all materials
required by the city’s development guide and other applicable development regulations listed
in the land use permit application checklist, which are prepared pursuant to TMC 14.14.030(C),
as supplemented in writing by the development review committee pursuant to the
preapplication conference process in TMC 14.14.020.
C. The director shall approve the content of the land use permit application checklists and
may waive in writing submittal items required by TMC 14.14.030(D) depending on the land
use permit application type.
D. Each land use permit application at a minimum shall include the following information:
1. A complete land use permit application form containing:
a. The title and location of the proposed project;
b. The names, addresses, telephone numbers, and email addresses of the record
owner or owners of the land and of the applicant, and, if applicable, the names,
addresses, telephone numbers, and email addresses of any architect, planner,
designer, engineer, or other consultants responsible for the preparation of the land
use permit application, and of any authorized representative of the applicant; and
c. The designation of a single person or entity by the applicant to receive land use
permit application determinations and notices required by this title;
2. A verified statement by the applicant that the property affected by the land use permit
application is in the exclusive ownership of the applicant, or that the applicant has
submitted the application with the consent of all the owners of the affected property;
3. A legal description of the site;
4. A title report or plat certificate issued by a title company which shows property
ownership, and any easements or other encumbrances shall be submitted with the land
use permit application package. Such title report or plat certificate shall be dated no more
than thirty days prior to submittal;
5. The applicable land use permit application fee;
6. Evidence of adequate water supply as required by RCW 19.27.097;
7. Evidence of sewer availability, or approval and authorization to construct a community
or individual sewer or septic system;
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8. Complete plans, studies, and/or reports identified in the land use permit application
checklist and a preapplication conference;
9. A complete description of each proposed use of the land and buildings, including the
size of each use, and if a residential use, the number, size, and number of bedrooms of
each dwelling unit;
10. The written recommendations of the Thurston County health department, the
building division, transportation & engineering department, water resources &
sustainability department, parks and recreation department, and fire department as to
any portion of the land use permit application covering areas within their respective
jurisdictions;
11. All materials required by TMC Title 16 Environment shall be included in the land use
permit application, including a SEPA environmental checklist if required; and
12. For land use actions proposing land division pursuant to TMC Title 17 Land Division,
all materials required by that title shall be included in the land use permit application.
13. A site plan drawing or drawings at a scale of not less than one inch for each twenty
feet which shall show:
a. General Information.
i. Project name;
ii. Street address of property;
iii. Title block containing the drawing title, scale, revision number, if applicable,
north arrow, and date;
iv. Vicinity map including streets and surrounding landmarks within five hundred
feet of the property or enough information to easily locate the site on a large city
map;
v. Legal description of the property as provided by the Thurston County assessor’s
office;
vi. Parcel numbers as provided by the Thurston County assessor’s office;
vii. Parcel map as provided by the Thurston County assessor’s office showing all
adjacent parcels;
viii. Existing zoning;
ix. Lot size;
x. Square footage of floor area in each structure;
xi. Parking spaces and parking lot dimensions;
xii. Type of construction proposed;
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xiii. The proposed number of square feet in paved or covered surfaces, whether
covered by buildings, driveways, parking lots, or any other structure covering land;
and the total amount of square feet in the entire proposed project site;
xiv. The proposed number of dwelling units and project density, including the
number of dwelling units for each existing or proposed structure on the site and
number of units per gross acre, if applicable;
xv. The proposed number of square feet in gross floor area for each commercial,
industrial, and institutional use, if applicable; and
xvi. If the project will be developed in phases, the number of phases, the size of
each phase, and the number of units or buildings for each phase;
b. Site Information.
i. Location of property lines, indicating exterior lines with bold solid lines and
interior lines with long dashed lines;
ii. If the property is to be divided pursuant to TMC Title 17 Land Division, the
boundaries of each proposed lot and tract within the property;
iii. Survey maps which delineate topographic contour lines showing both existing
and proposed elevations, at two foot intervals, extending a minimum of ten feet
beyond the property line. The interval should be such that the existing and
proposed slopes of the property can be determined on the drawing. Proposed
contours shall show ties to existing contours and show spot elevations as needed;
iv. All existing and proposed public and private easements;
v. The number and size of all phases in the proposed project, if applicable;
vi. Proposed building(s), including dimensions;
vii. Front, rear, and side building setbacks with clear dimensions;
viii. Distance to adjacent structures on site, if applicable;
ix. Locations and dimensions of off-street and on-street parking, including
accessible parking, parking designated per unit if applicable, lot striping, wheel
stops and curbing, including turning radii in the circulation pattern;
x. Locations and dimensions of existing and proposed driveways, traffic flow,
emergency vehicle access, and parking lot circulation and maneuvering areas;
xi. Locations and dimensions of existing and proposed rights-of-way, streets,
curbs, gutters, and street centerlines, including pavement edges;
xii. Dimensions and locations of walkways, trails, sidewalks, and curb cuts;
xiii. Sizes and locations of solid waste containers showing details of any site
screening fences or structures and screening of dumpsters;
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xiv. Location of existing and proposed signs including elevation, size, material,
color, design, and method of illumination;
xv. Dimensions, types, and locations of fencing;
xvi. Locations, dimensions, and types of critical areas and buffers pursuant to
TMC Title 16 Environment;
xvii. Information required by TMC 16.08.050 addressing trees and vegetation;
xviii. Locations, dimensions, and types of open space;
xix. Information required by the shoreline master program, if the property the
project is located on is within shoreline jurisdiction;
xx. The existing zone district of the proposed project site and any other zone
district within three hundred feet of the site; and
xxi. All special districts, including, but not limited to school or water districts, in
which the proposed project shall be located and all such districts within three
hundred feet of the proposed project;
c. Building Information.
i. Architectural elevations of existing and proposed buildings, including height
and number of stories, along with any mechanical roof-mounted equipment; and
ii. Generalized floor plans, planned uses for each area of building (including
occupancy type, if known), finished floor elevations, and exiting and accessibility
accommodations;
d. Infrastructure Improvements.
i. Location of existing and proposed storm sewers, catch basins, utility holes,
parking lot storm drains, detention structures, etc.;
ii. Locations and dimensions of stormwater treatment, flow control, and low
impact development facilities;
iii. Location and size of existing and proposed water mains, valves, service lines,
size of water meters, sprinkler systems, fire hydrants, and backflow devices;
iv. Location and size of existing and proposed sanitary sewer collectors, utility
holes, pumping stations, force main and side services, including cleanouts; and
v. Location of other existing and proposed utilities, including, but not limited to,
gas, power, telephone, streetlights.
e. Landscaping.
i. The applicant shall submit a stamped landscape plan pursuant to TMC 18.47
Landscaping that is consistent with the proposed site plan.
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2) Determination of Completeness
The proposed third section of the third chapter of TMC Title 14 amends the current code’s process
and timelines for determining an application is procedurally complete. Once an application is
determined to be complete, the review timelines established by TMC Table 14.12.030 start.
TMC 14.14.040
A. Within twenty-eight days after receiving a land use permit application or sooner, if
completed, the department shall provide a written determination to the applicant which
states either:
1. That the land use permit application is complete and that the procedural submission
requirements of this title have been met; or
2. That the land use permit application is incomplete and that the procedural submission
requirements of this title have not been met. The determination shall outline what is
necessary to make the application procedurally complete.
B. To the extent known, the department shall identify other local, state, or federal agencies
that may have jurisdiction over some aspects of the land use permit application in the
determination of completeness.
C. Definition of a Complete Application. A land use permit application is complete for
purposes of TMC 14.14.040 when it meets the procedural submission requirements of TMC
14.14.030, as well as the submission requirements contained in all other applicable
development regulations of the city.
D. Requesting Additional Information.
1. Additional information or studies may be required, or modifications to the project may
be undertaken after the procedural review of the land use permit application by the city.
2. The city’s determination of completeness shall not preclude the city from requesting
additional information or studies either at the time of the determination of completeness
or later if additional information is required or where there are substantial changes in the
proposed land use action as defined in TMC 14.10.060.
E. The determination of completeness may include or be combined with the following
actions:
1. A preliminary determination of those development regulations that will be used for
mitigation of the proposed project;
2. A preliminary determination of consistency pursuant to TMC 14.16.010;
3. Other information the city chooses to include; or
4. The notice of application pursuant to the requirements in TMC 14.16.050.
F. Incomplete Land Use Permit Application Procedure.
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1. If the applicant receives a determination from the city that a land use permit
application is not complete, the applicant shall be subject to the time period requirements
specified in TMC 14.10.040(B)(2) to submit the necessary information to the city.
2. Within fourteen days after an applicant has submitted to the city the requested
additional information, the city shall make a written determination to the applicant as
described in TMC 14.14.040(A).
3. If the applicant either refuses in writing or fails to submit the required information or
additional information within the ninety-day period, the land use permit application shall
expire as specified in TMC 14.10.040(B)(2).
4. Upon failure to cure any deficiency the department shall refund fifty percent of the
filing or land use permit application fees submitted with the incomplete application.
G. City’s Failure to Provide Determination of Completeness. A land use permit application
shall be deemed procedurally complete under TMC 14.14.040 if the city does not provide a
written determination to the applicant that the application is incomplete as provided in TMC
14.14.040(A)(2).
H. When the city determines that the land use permit application is complete, the City shall
note the date of the determination and the land use permit application review time to render
a decision, as identified in TMC Table 14.12.030, begins.
F. Land Use Permit Application Review

The proposed land use permit application chapter amends the current sections of TMC Title 14
that establish the basis for the City’s review of land use permit applications, integrate land use
and SEPA environmental review processes, and describes land use permit application review and
the notice of application process.
1) Land Use Action Review and Determination of Consistency

The proposed section updates the basis for the land use permit application review process and
establishes how consistency of a proposed application and the City’s development code and
Comprehensive Plan is the basis for land use permit application approvals.
TMC 14.16.010
A. Purpose. When the department receives a land use permit application, consistency
between the proposed project and the applicable regulations and comprehensive plan should
be determined through the process in this chapter and the city’s environmental regulations.
B. Consistency.
1. During the land use permit application review, the department shall determine
whether the items listed in TMC 14.16.010(B)(3) are defined in the development
regulations applicable to the proposed project.
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2. In the absence of applicable development regulations, the department shall determine

whether the items listed in TMC 14.16.010(B)(3) are defined in the city’s comprehensive
plan.
3. At a minimum, a determination of consistency shall include the following information:
a. The type of land use permitted at the site, including uses that may be allowed
under certain circumstances, if the criteria for their approval have been satisfied;
b. The level of development, such as units per acre, density of residential development,
or other measures of development intensity;
c. Availability and adequacy of infrastructure and public facilities identified in the
comprehensive plan if the plan or development regulations provide for funding of
these facilities as required by Chapter 36.70A RCW; and
d. Characteristics of the development, such as development standards and guidelines.
C. Nothing in TMC 14.16.010 requires documentation from the city, dictates the city’s
procedures for considering consistency, or limits the city from asking more specific or related
questions with respect to any of the four main categories listed in TMC 14.16.010(B)(3) as part
of land use permit application review.
D. During land use permit application review, the city shall not reexamine alternatives to or
hear appeals on the items identified in TMC 14.16.010(B)(3).
E. Nothing in TMC 14.16.010 limits the authority of the city to approve, condition, or deny a
land use permit as provided in its development regulations adopted under Chapter 36.70A
RCW and in its policies adopted under RCW 43.21C.060.
F. Land use permit application review shall be used to identify specific project design and
conditions relating to the character of development, such as the details of site plans, curb cuts,
drainage swales, the payment of impact fees, or other measures to mitigate a proposal's
probable adverse environmental impacts, if applicable.
2) Initial SEPA Analysis

The proposed section updates the current regulations in TMC Title 14 that integrates the SEPA
environmental review process in TMC 16.04 with land use permit application review process.
TMC 14.16.020
A. The city shall also review land use permit applications under the requirements of SEPA,
Chapter 43.21C RCW, the SEPA Rules, Chapter 197-11 WAC, and the city’s environmental
policy ordinance, TMC Chapter 16.04, and shall:
1. Determine whether the applicable regulations require studies that adequately analyze
all the land use permit application’s specific probable adverse environmental impacts;
2. Determine if the applicable regulations require measures that adequately address
such environmental impacts;
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3. Determine whether additional studies are required and/or whether the land use permit
application should be considered with additional mitigation measures; and
4. Provide prompt and coordinated review by agencies and the public on compliance
with applicable environmental laws and plans, including mitigation for specific impacts of
a proposed project that have not been considered and addressed at the plan or
development regulation level.
B. In its review of a land use permit application, the city shall determine if the requirements
for environmental analysis, protection and mitigation measures in the applicable
development regulations, comprehensive plan and/or in other applicable local, state, or
federal laws provide adequate analysis of and mitigation for the specific adverse
environmental impacts of the application.
C. If the city bases or conditions its approval of the land use permit application on compliance
with the requirements or mitigation measures described in TMC 14.16.020(A), the city shall
not impose additional mitigation under SEPA during land use permit application review.
D. The comprehensive plan, development regulations, or other applicable local, state, or
federal law provides adequate analysis of and mitigation for the specific adverse
environmental impacts of a land use permit application when:
1. The impacts have been avoided or otherwise mitigated; and
2. The city has designated as acceptable certain levels of service, land use designations,
development standards or other land use planning required or allowed by Chapter 36.70A
RCW.
E. In its decision whether a specific adverse environmental impact has been addressed by an
existing rule or law of another agency with jurisdiction with environmental expertise
regarding a specific environmental impact, the city shall consult orally or in writing with that
agency and may expressly defer to that agency. In making this deferral, the city shall base or
condition its land use permit approval on compliance with these other existing rules or laws.
F. Nothing in TMC 14.16.020 limits the authority of the city in its review or mitigation of a
proposed project to adopt or otherwise rely on environmental analyses and requirements
under other laws, as provided by Chapter 43.21C RCW.
G. The time limits applicable to SEPA review are found in TMC 16.04.040, TMC 16.04.070,
TMC 16.04.090, and TMC 16.04.160.
3) Categorically Exempt and Planned Actions

The proposed section updates the current regulations in TMC Title 14 that address land use
actions that are categorically exempt from the SEPA environment review process, as well as
planned actions.
TMC 14.16.030
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A. Categorically Exempt. Actions categorically exempt under RCW 43.21C.110(1)(a) do not

require environmental review or the preparation of an environmental impact statement. An
action that is categorically exempt under the rules adopted by the State Department of
Ecology (Chapter 197-11 WAC) may not be conditioned or denied under SEPA (RCW
43.21C.031).
B. Planned Actions.
1. A planned action does not require a threshold determination or the preparation of an
environmental impact statement under SEPA but is subject to environmental review and
mitigation under SEPA.
2. A “planned action” means one or more types of project action that:
a. Are designated planned actions by an ordinance or resolution adopted by the city;
b. Have had the significant impacts adequately addressed in an environmental
impact statement prepared in conjunction with:
i. The comprehensive plan or a subarea plan adopted under Chapter 36.70A RCW;
or
ii. A master planned development or a phased project;
c. Are subsequent or implementing projects for the proposals listed in TMC
14.16.030(B)(2)(b);
d. Are located within an urban growth area, as defined in RCW 36.70A.030;
e. Are not essential public facilities, as defined in RCW 36.70A.200; and
f. Are consistent with the city’s comprehensive plan adopted under Chapter 36.70A
RCW.
3. Limitation on Planned Actions.
a. The city shall limit planned actions to certain types of development or to specific
geographical areas that are less extensive than the jurisdictional boundaries of the
city; and
b. The city may limit a planned action to a time period identified in the environmental
impact statement or in the ordinance or resolution designating the planned action
under RCW 36.70A.040.
C. Limitations on SEPA Review.
1. During land use permit application review, the city shall not reexamine alternatives to
or hear appeals on the items identified in TMC 14.16.010(B)(3), except for land use code
interpretations pursuant to TMC 14.10.080.
2. Land use permit application review shall be used to identify specific project design and
conditions relating to the character of development or other measures to mitigate a
proposal’s probable adverse environmental impacts.
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4) Referral and Review of Land Use Permit Applications

The proposed section updates the current regulations in TMC Title 14 that address transmitting
land use permit applications that have been determined to be complete to affected City
departments and other agencies for their review. It also expands the current regulations that
consolidate the review and approval of multiple land use permit applications, as well as the
hearing examiner review and approval process for Type III land use applications and appeals.
TMC 14.16.040
A. Within fourteen days of accepting a complete land use permit application, the director
shall take the following actions:
1. Transmit a copy of the land use permit application, or appropriate parts of the
application, to each affected agency and city department for review and comment,
including those responsible for determining compliance with state and federal
requirements.
a. The affected agencies and city departments shall have fourteen days to comment.
b. The referral agencies or city departments are presumed to have no comments if
comments are not received within the specified time period.
c. The director shall grant an extension of time for comment, only if the land use
permit application involves unusual circumstances.
d. Any extension shall only be for a maximum of one week.
B. Consolidated Review and Decision.
1. The city’s land use permit review process shall integrate and consolidate the review
and decision on two or more land use permits relating to a proposed project in a single
application review and approval process covering all land use permits for a proposed
project.
2. Land use permits in the consolidated review and decision process shall be:
a. Reviewed and approved by the decision and appeal authority specified in TMC
14.12.020(A)(1);
b. Follow the public notice requirements specified in TMC 14.12.020(B)(1);
c. Follow the permit review timelines specified in TMC 14.12.030(A)(1)(a); and
d. Follow the processes specified in TMC Chapter 14.16 and TMC Chapter 14.18.
3. The determination of completeness, notice of application, and notice of final decision
must include all land use permits being reviewed through the consolidated land use permit
review process.
C. Hearing Examiner Process.
1. Notice shall be provided pursuant to TMC 14.10.050.
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2. Except for the appeal of a determination of significance as provided in RCW 43.21C.075,

there shall be no more than one open record hearing and one appeal for land use permits.
3. When a public hearing is required in conjunction with a land use permit, the
development review committee or director shall provide their recommendation in
sufficient time for the hearing examiner to issue a notice of final decision within the
number of days established by TMC Table 14.12.030 from the date of the complete land
5) Notice of Application
The proposed section updates the current regulations in TMC Title 14 concerning the Notice of
Application process for Type II and Type III land use permit applications established by TMC Table
14.12.020(B).
TMC 14.16.050
A. Generally.
1. A notice of application shall be issued on all Type II and Type III land use permit
applications for which SEPA review is required or the hearing examiner has decision
making authority pursuant to TMC Table 14.12.020(B).
2. The notice of application shall be issued pursuant to the general notice requirements
of TMC 14.10.050.
3. The notice of application shall be issued prior to and is not a substitute for any other
required notice of a public hearing.
B. SEPA Exempt Projects. A notice of application shall not be required for Type I land use
permit applications that are categorically exempt under SEPA.
C. Contents. The notice of application shall include:
1. The date of the land use permit application, the date of the notice of completion for
the application, and the date of the notice of application;
2. A description of the proposed project action and a list of all land use permit
applications and, if applicable, a list of any studies requested under TMC 14.14.030 or
other permits;
3. The identification of other permits not included in the land use permit application, to
the extent known by the city;
4. The identification of existing environmental documents that evaluate the proposed
project and, if not otherwise stated in the document providing notice of application, the
location where the land use permit application and any studies can be reviewed;
5. A statement of the limits of the public comment period, which shall not be less than
fourteen nor more than thirty days following the date of notice of application, and a
statement of the right of any person to comment on the land use permit application,
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receive notice of and participate in any hearings, request a copy of the decision once made,
and any appeal rights;
6. The date, time, place, and type of hearing, if applicable and scheduled at the date of
notice of application;
7. A statement of the preliminary determination of consistency, if one has been made at
the time of notice, and of those development regulations that will be used for project
mitigation and of consistency as provided in TMC 14.16.010; and
8. Any other information determined appropriate by the department, such as the city’s
threshold determination, if complete at the time of issuance of the notice of application.
D. Time Frame for Issuance of Notice of Application.
1. Within fourteen days after the city has issued a determination of completeness of a
land use permit application pursuant to TMC 14.14.040, the city shall issue a notice of
application.
2. If an open record predecision hearing is required for the requested land use permit(s),
the notice of application shall be provided at least fifteen days prior to the open record
hearing.
E. Public Comment on the Notice of Application.
1. All public comments received on the notice of application must be received by the
department by 5:00 p.m. on the last day of the comment period.
2. Comments may be mailed, personally delivered, or sent via email. Comments should
be as specific as possible.
F. Except for a determination of significance, the city may not issue its threshold
determination or issue a decision or recommendation on a land use permit until the expiration
of the public comment period on the notice of application.
G. Land Use Permit Application Decisions and Appeals

The final proposed chapter of TMC Title 14 consolidates and updates the current TMC Title 14
sections that address the notice of decision for land use permit applications and the appeal
processes for the different types of land use and environment approvals.
1) Notice of Decision
The proposed amended section is as follows:
TMC 14.18.010
A. The notice of decision shall be issued pursuant to the general notice requirements of TMC
14.10.050.
B. Final hearing examiner decisions.
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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.
B. Written notice for all final decisions shall be sent to the applicant and all parties of record.
C. 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.
2) Appeals of Administrative Approvals

TMC 14.18.020
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.
3) Appeals of State Environmental Policy Act Related Matters

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TMC 14.18.030
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 TMC 14.18.030(A) 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.
4) Notice of Open Record and Appeal Hearings

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TMC 14.18.040
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.
5) Combined Public Hearings

TMC 14.18.050
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.
3. Amendments to Other Parts of the Tumwater Municipal Code

While the proposed ordinance will amend primarily TMC Title 14, it will also amend portions of
the following sections of the Tumwater Municipal Code to address revisions needed to bring
City’s regulations into compliance with amendments to state law and update the City’s approval
processes:
A. TMC Chapter 2.58 Hearing Examiner
B. TMC Title 11 Telecommunications and Telecommunications Facilities
C. TMC Title 13 Public Services
D. TMC Title 15 Buildings and Construction
E. TMC Title 16 Environment
F. TMC Title 17 Land Division
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G. TMC Title 18 Zoning
A. TMC Chapter 2.58 Hearing Examiner

Amendments are proposed to be made to two parts of TMC Chapter 2.58: 2.58.090 Powers of the
examiner and TMC 2.58.120 Notices and hearings – Appeal rights. The amendment to TMC
2.58.120 is to update the code reference in TMC Title 14.
The proposed updated TMC 2.58.090 would be as follows:
TMC 2.58.090
The hearing examiner shall have the following duties with respect to applications of matters
submitted before them:
A. The examiner shall receive and examine all available information, conduct public hearings,
and prepare a record thereof and enter findings of fact and conclusions based upon these
facts, which conclusions shall represent the final action on the application, unless appealed as
provided for herein, for the following matters:
1. Variances;
2. Conditional use permits;
3. Preliminary plats, replats, and plat alterations when a hearing is requested pursuant
to RCW 58.17.215;
4. Administrative land use appeals;
5. Shoreline permits;
6. State Environmental Policy Act appeals;
7. Site-specific rezones not requiring a comprehensive plan amendment;
8. Planned unit developments;
9. Impact fee determinations;
10. Concurrency determinations;
11. Reasonable use exceptions;
12. Such additional matters as are described in TMC Title 14 Development Code
Administration, TMC Title 15 Buildings and Construction, TMC Title 16 Environment, TMC
Title 17 Environment, and TMC Title 18 Zoning;
13. Administrative orders and civil penalties issued for violations of TMC Chapters 12.32,
13.12, 16.20 and 16.32;
14. Business license denials or revocations;
15. Code violations pursuant to TMC Chapter 1.10; and
16. Land use code interpretations.
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B. The examiner shall have any duties and related authority prescribed to the hearing
examiner by this code or other city ordinance.
C. The examiner is authorized to act in lieu of the building board of appeals. Wherever
existing ordinances, codes, or policies authorize or direct the building board of appeals to
undertake certain activities, such ordinances, codes, or policies shall be construed to refer to
the hearing examiner.
D. The decision of the hearing examiner shall be final unless such decision is appealed to
Thurston County superior court pursuant to TMC 2.58.180.
B. TMC Title 11 Telecommunications and Telecommunication Facilities

Proposed amendments to TMC Title 11 will update the code references to TMC Title 14.
C. TMC Title 13 Public Services

D. TMC Title 15 Buildings and Construction

Proposed amendments to TMC Title 15 will update the code references to TMC Title 14, as well
as add a new section on the certificate of occupancy process from the Uniform Building Code.
TMC 15.01.105
A. A building or structure shall not be used or occupied in whole or in part, and a change of
occupancy of a building or structure or portion thereof shall not be made, until the building
official has issued a certificate of occupancy that reflects the conclusion of the work allowed
by the permit.
B. Issuance of a certificate of occupancy shall not be construed as an approval of a violation
of the provisions of this code or of other ordinances of the city. Certificates presumed to give
authority to violate or cancel the provisions of this code or other ordinances of the city shall
not be valid.
C. The city shall not issue business and occupational licenses unless the applicant has a valid
certificate of occupancy.
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E. TMC Title 16 Environment

Proposed amendments to TMC Title 16 will update the code references to TMC Title 14, as well
as the approval process for land clearing permits to integrate them into the TMC Title 14 land use
permit application review process.
F. TMC Title 17 Land Division

G. TMC Title 18 Zoning

Proposed amendments to TMC Title 18 will update the code references to TMC Title 14 and add
a new chapter that details the requirements for site plan review and approval, which are not
currently part of the TMC.
1) Site Plan Review

Chapter 18.55
SITE PLAN REVIEW
Sections:
18.55.010 Purpose.
18.55.030 Exemptions.
18.55.040 Application requirements.
18.55.050 Review process.
18.55.060 Appeals.
18.55.070 Duration of site plan approval.
18.55.080 Exception to duration of approval for phased projects.
18.55.090 Minor modifications.
18.55.100 Major modifications.
18.55.110 Revocation of site plan approval.
18.55.120 Compliance.
18.55.130 Penalty for noncompliance.
18.55.010 Purpose.
A. The purpose of the site plan approval process is to:
1. Facilitate project design that is consistent with the city’s comprehensive plan and
regulations and in keeping with the physical constraints of the project site;
2. Promote orderly community growth;
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3. Minimize discordant and undesirable impacts of development both on site and off
site;
4. Coordinate public or quasi-public elements, such as walkways, driveways, paths, and
landscaping within segments of larger developments and between individual
developments;
5. Ensure convenience and safety of vehicular and pedestrian movement within the site
and in relation to adjacent areas;
6. Protect the desirable aspects of the natural landscape and environmental features of
the city by minimizing the undesirable impacts of proposed developments on the physical
environment; and
7. Minimize conflicts that might otherwise be created by a mix of uses within an
allowed area.
B. The site plan review is not intended to determine whether a particular land use activity
is appropriate on a particular site.
C. Land uses that are otherwise permitted in this title shall not be denied through the site
plan review process unless such uses cannot meet the development standards required for
the use.
D. Site plan review shall be consolidated with other land use permit approvals pursuant to
TMC Title 14 Development Code Administration.
E. Site plan review does not replace any required environmental, land division or zoning
approvals.
A. Site plan elements subject to this chapter include, but are not limited to:
1. Site layout;
2. Building orientation;
3. Pedestrian and vehicular access;
4. Signage;
5. Landscaping and natural features of the site;
6. Integration of stormwater management techniques;
7. Screening and buffering;
8. Parking and loading arrangements, and illumination; and
9. Design review.
B. Site planning is the horizontal and vertical arrangement of the elements in TMC
18.55.020(A) that is compatible with the city’s comprehensive plan and regulations, and the
physical characteristics of a site and the surrounding area.
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C. Site plan review shall be required in the following instances:

1. Construction or expansion of new facilities or structures, except for individual single-
family dwellings, duplexes, triplexes, quadplexes, townhouses, and stacked units or
2. Where, in the opinion of the director, the magnitude and character of the project is
sufficiently complex to warrant site plan review, or the project could result in an adverse
effect on adjacent properties or the subject property or other public facilities if not
planned early and carefully.
A. Site plan review shall not be required for remodeling existing buildings or structures
provided:
1. The alterations conform with any prior approved site plan review approval; or
2. The alterations do not modify the existing site layout.
B. The following types of uses are not exempt from site plan review unless they meet the
conditions of TMC 18.55.030(A):
1. Individual single family dwellings, duplexes, triplexes, or quadplexes located on
property with critical areas; or
2. Two or more single family dwellings, duplexes, triplexes, or quadplexes built on the
same lot.
A. Site plan review applications shall not be accepted for processing until the applicant has
scheduled and attended a preapplication conference pursuant to TMC 14.14.020.
B. For any project requiring a site plan approval as identified in TMC 18.55.020, a site plan
review application shall be submitted to the community development department for review
and approval pursuant to TMC Chapter 14.12 as either a Type I land use permit application,
if SEPA review is not required, or as a Type II land use permit application, if SEPA review is
required.
C. Application for site plan review shall include the information required by TMC 14.14.030,
unless waived by the director.
A. Upon receipt of the complete site plan review application, the director shall circulate the
site plan review application pursuant to the requirements of TMC 14.16.040.
B. Site plan review applications shall be reviewed as either a Type I land use permit
application, if SEPA review is not required, or as a Type II land use permit application, if SEPA
review is required.
C. Modifications and conditions may be imposed to meet city regulations and to the extent
reasonably necessary to eliminate or minimize adverse effects on adjacent properties,
subject properties, or public facilities.
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1. The decision to require modifications or conditions shall be based upon the following
factors:
a. Noise level;
b. Traffic flow, internal circulation, sight obstruction, and parking;
c. Drainage and flood control;
d. Location, size, and availability of public facilities;
e. Requests for variance or conditional use;
f. Environmental or land division approvals;
g. Effect of the project on adjacent and surrounding properties; and
h. Landscaping, and site or building design.
D. Modifications and conditions required by the director shall be limited to:
1. Location, dimensions, and method of improvements to all property to be dedicated
to the public or to public utilities including, but not limited to, street right-of-way and
utility easements;
2. Location, size, dimensions of yards, courts, setbacks, and all other open spaces
between buildings and structures;
3. Location, dimensions, and method of improvement of all driveways, curbs and
gutters, parking areas, walkways and means of access, ingress and egress, and drainage;
4. Location, size, bulk, exterior surfaces, height, and number of stories of all buildings
and structures, including signs, walls, and fences;
5. Location, size, dimensions, design elements, and materials used in landscaped areas;
and
6. Improvements to city standards of adjacent streets by the applicant, including
paving, curbs, gutters, sidewalks, provisions of streetlights, and traffic-control facilities
where the city determines that traffic generation, flow, and circulation patterns warrant
such improvement.
18.55.060 Appeals.
A. Appeals of decisions by the director relating to site plan applications may be appealed
to the hearing examiner by submitting to the city clerk a written notice of appeal within
fourteen days of the director’s decision.
A. The approval of a site plan shall vest the applicant to the land use regulations in effect
at the time of the application for a period of eighteen months after approval; provided that
the applicant files a complete application for a building permit within this timeframe.
B. The director may grant an extension pursuant to TMC 14.10.070(B).
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A. Phasing Permitted.
1. For development proposed on only a portion of a particular site, an applicant may
choose to submit a site plan application for either the entire site or a portion of the site.
2. For development proposed on only a portion of a particular site, the application shall
clearly state the area of the portion of the site and the proposed development, including
phases, for which site plan approval is being requested.
3. In every case, the site plan application and review shall cover at least that portion of
the site which is directly related to or may be impacted by the actual proposed
development, as determined by the director.
B. Authority for Extension of Time.
1. The director may grant site plan approval for large projects planned to be developed
or redeveloped in phases over a period of years, exceeding the normal time limits of this
chapter.
2. Such approval shall include clearly defined phases and specific time limits for each
phase.
C. Expiration of Phase(s).
1. If the time limits of a particular phase are not satisfied then site plan approval for
that phase and subsequent phases shall expire.
2. The director shall determine if such a phased project will be eligible for any
extensions of the time limits.
D. Vesting.
1. If the development of a phased project conforms to the approved phasing plan, the
land use regulations in effect at the time of the original approval shall continue to apply.
2. However, all construction shall conform to the current regulations in TMC Title 15
Buildings and Construction and stormwater regulations in force at the time of a
complete building permit application.
A. Minor modifications to an approved site plan may be permitted by the director.
B. To be considered a minor modification, the amendment must not:
1. Involve more than a ten percent increase in area or scale of the development in the
approved site plan;
2. Have a significantly greater impact on the environment and facilities than the
approved site plan; or
3. Change the boundaries of the originally approved site plan.
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A. Major modifications to an approved site plan require a new application.

B. The review and approval shall be by the approval body which approved the original site
plan.
C. Major modifications involve a substantial change in the basic site design plan, intensity,
density, use and the like involving more than a ten percent change in area or scale.
No person shall violate or fail to comply with the provisions of this chapter or any adopted
site plan approval or any conditions or provisions thereof, nor shall a building permit be
issued for any structure which would violate or fail to comply with any adopted site plan
approval for the parcel or parcels on which such structure is to be located.
A. Anyone found in violation of this chapter shall be guilty of a misdemeanor as defined in
TMC Chapter 1.10.
B. Each day the violation continues may be considered as a separate violation.
2) Comprehensive Plan and Development Code Amendments

A new section was added to TMC Chapter 18.60 Text amendments and Rezones to address the
recommendation and approval procedures for comprehensive plan amendments, general area
rezones, development regulation amendments, and site-specific rezones required because of a
proposed comprehensive plan amendment that were formerly addressing TMC Title 14.
18.60.027 Procedure – Recommendation and Approval.
A. For comprehensive plan amendments, general area rezones, development regulation
amendments, and site-specific rezones required as a result of a proposed comprehensive
plan amendment, the review and approval authorities shall be as follows:
1. The planning commission shall conduct an open record predetermination hearing on
all the amendments collectively and provide a recommendation to the city council.
2. The city council will consider the recommendation of the planning commission and
make the final decision on all the amendments collectively.
B. Site-specific rezones not requiring a comprehensive plan amendment shall be processed
as a Type III land use permit application pursuant to TMC Title 14 Development Code
Administration.
4. Next Steps
A. Planning Commission Review and Recommendation Process
The Planning Commission had a briefing on the code amendments on September 24, 2024, and
work sessions on the code amendments on October 8, 2024, and October 22, 2024.
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The Planning Commission conducted a hearing on the ordinance on November 12, 2024, to take
public testimony and forward a recommendation of approval with conditions to the City Council.
B. City Council Review and Approval Process

The General Government Committee was briefed on the Planning Commission’s
recommendation on the code amendments on November 13, 2024, and the City Council is
scheduled to consider the proposed code amendments on December 3, 2024. The City Council
will need to find that the provisions of the ordinance are in the best interest of and protect the
health, safety, and welfare of the residents of the City.
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Attachment B
Item 7a.
ORDINANCE NO. O2024-005
AN ORDINANCE of the City Council of the City of Tumwater,

Washington, amending Chapter 2.58 Hearing Examiner, Title 11
Telecommunications and Telecommunications Facilities, Title 13 Public
Services, Title 14 Development Code Administration, Title 15 Buildings
and Construction, Title 16 Environment, Title 17 Land Division, and
Title 18 Zoning of the Tumwater Municipal Code to address revisions
needed to bring the regulations into compliance with Second Substitute
Senate Bill 5290 (Chapter 338, Laws of 2023) related to local project
review and update approvals processes as more particularly described
herein.
WHEREAS, in May 2023 the Governor of Washington signed into law

Second Substitute Senate Bill 5290 (Chapter 338, Laws of 2023) which modified
requirements for local land use permit review; and
WHEREAS, the modified state requirements for local land use permit review
will preempt the City’s development review procedures on January 1, 2025 until
City amendments are approved; and
WHEREAS, it was determined that Chapter 2.58 Hearing Examiner, Title

11 Telecommunications and Telecommunications Facilities, Title 13 Public Services,
Title 14 Development Code Administration, Title 15 Buildings and Construction,
Title 16 Environment, Title 17 Land Division, of the Tumwater Municipal Code
should be updated to reflect current state standards; and
WHEREAS, this Ordinance meets the goals and requirements of the Growth
Management Act; and
WHEREAS, the proposed amendments are consistent with the City's

Comprehensive Plan; and
WHEREAS, the Attorney General Advisory Memorandum and Recommended

Process for Evaluating Proposed Regulatory or Administrative Actions to Avoid
Unconstitutional Takings of Private Property (October 2024) was reviewed and
utilized by the City in objectively evaluating the proposed amendments; and
WHEREAS, this Ordinance was sent to the Washington State Department of

Commerce on September 30, 2024, at least sixty days before the proposed code
amendments were adopted, in accordance with RCW 36.70A.106; and
Ordinance No. O2024-005 - Page 1 of 111
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Item 7a.
WHEREAS, on September 30, 2024, the Washington State Department of

Commerce notified the City that the requirements for State Agency notification for
the proposed amendments had been met, as required by RCW 36.70A.106; and
WHEREAS, an Environmental Checklist for a non-project action was

prepared under the State Environmental Policy Act (Chapter 43.21C RCW),
pursuant to Chapter 197-11 WAC on October 4, 2024, and a Determination of Non-
Significance (DNS) was issued on October 18, 2024; and
WHEREAS, the Planning Commission had a briefing on the code

amendments on September 24, 2024, and work sessions on the code amendments on
October 8, 2024, and October 22, 2024; and
WHEREAS, the Planning Commission held a public hearing on the code

amendments on November 12, 2024; and
WHEREAS, following the public hearing and deliberations, the Planning

Commission recommended approval of the code amendments by the City Council; and
WHEREAS, the General Government Committee discussed the Planning

Commission’s recommendation on the code amendments on November 13, 2024; and
WHEREAS, the City Council considered the proposed code amendments on

December 3, 2024; and
WHEREAS, the City Council finds that the provisions of this Ordinance are in
the best interest of and protect the health, safety, and welfare of the residents of the
City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF

TUMWATER, STATE OF WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. TMC 2.58.090 of the Tumwater Municipal Code is hereby

amended to read as follows:
2.58.090 Powers of the examiner.

The hearing examiner shall have the following duties with respect to applications of
matters submitted before him or herthem:
A. The examiner shall receive and examine all available information, conduct
public hearings, and prepare a record thereof and enter findings of fact and
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Item 7a.
conclusions based upon these facts, which conclusions shall represent the final
action on the application, unless appealed as provided for herein, for the following
matters:
1. Variances;
2. Conditional use permits;
3. Preliminary plats, replats, and plat alterations when a hearing is requested
pursuant to RCW 58.17.215;
4. Administrative land use appeals;
5. Shoreline permits;
6. State Environmental Policy ActSEPA appeals;
7. Site-specific rezones not requiring a comprehensive plan amendment;
8. Planned unit developments;
9. Impact fee determinations;
10. Concurrency determinations;
11. Reasonable use exceptions;
12. Such additional matters as are described in TMC 14.08.030Title 14
Development Code Administration, TMC Title 15 Buildings and Construction,
TMC Title 16 Environment, TMC Title 17 Environment, and TMC Title 18
Zoning;
13. Administrative orders and civil penalties issued for violations of TMC
Chapters 12.32, 13.12, 16.20 and 16.32;
14. Business license denials or revocations;
15. Code violations pursuant to TMC Chapter 1.10; and
16. Land use code interpretations.
B. The examiner shall have any duties and related authority prescribed to the
hearing examiner by this code or other city ordinance.
C. The examiner is authorized to act in lieu of the building board of appeals.
Wherever existing ordinances, codes, or policies authorize or direct the building
board of appeals to undertake certain activities, such ordinances, codes, or policies
shall be construed to refer to the hearing examiner.
D. The decision of the hearing examiner shall be final unless such decision is
appealed to Thurston County superior court pursuant to TMC 2.58.180.
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Item 7a.
(Ord. O2013-018, Amended, 09/17/2013; Ord. O2012-009, Amended, 08/06/2012;

Ord. O2010-014, Amended, 06/15/2010; Ord. O2009-018, Amended, 01/19/2010; Ord.
O2005-021, Amended, 09/06/2005; Ord. O96-024, Amended, 09/17/1996; Ord. O96-
004, Amended, 04/16/1996; Ord. O95-022, Amended, 11/07/1995; Ord. 1333,
Amended, 10/20/1992; Ord. 1278, Amended, 08/20/1991; Ord. 1259, Added,
11/06/1990)
2.58.120 Notices and hearings – Appeal rights.

In the furtherance of the responsibilities of the hearing examiner, the city shall
comply with the notice and hearing requirements set forth in TMC Title 14
Development Code Administration Chapter 14.06 or such other code related or
statutory notice and hearing requirements as are applicable to the proceeding. At
the commencement of the hearing, the examiner shall give oral notice regarding the
register provided for in TMC 2.58.140. At the conclusion of the hearing, those
present shall be advised of appeal rights and the hearing examiner shall specifically
advise that the scope of appeal shall be strictly limited to the specific assignment of
error alleged by any appealing party.
(Ord. O2010-014, Amended, 06/15/2010; Ord. O96-039, Amended, 11/05/1996; Ord.
O96-004, Amended, 04/16/1996; Ord. 1259, Added, 11/06/1990)
11.20.040 Processing procedures – Issuing authority and appeals.

A. Fully complete applications for WCF permits shall be processed in accordance
with the project land use permit processing requirements of TMC Title 14
Development Code AdministrationChapter 14.02. Final decisions and appeal
authorities for such permits are as described in TMC Table 14.12.020(A)14.08.030.
B. Type of Review for Eligible Facilities Request Permit Application. Upon receipt
of an application for an eligible facilities request pursuant to this chapter, the
director shall review such application to determine whether the application so
qualifies.
1. Time Frame for Review. Subject to the tolling provisions of subsection (B)(2)
of this section, within sixty days of the date on which an applicant submits a
complete writtenn application seeking approval under this chapter, the city shall
act on the application unless it determines that the application is not covered by
this subsection.
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Item 7a.
2. Tolling of the Time Frame for Review. The sixty-day review period begins to
run when the complete written application is filed, and may be tolled only by
mutual agreement of the city and the applicant, or in cases where the director
determines the application is incomplete:
a. To toll the time frame for incompleteness, the city must provide written
notice to the applicant within thirty days of receipt of the application,
specifically delineating all missing documents or information required in the
application;
b. The time frame for review begins running again when the applicant
makes a supplemental written submission in response to the city’s notice of
incompleteness; and
c. Following a supplemental submission, the city will notify the applicant
within ten days if the supplemental submission did not provide the
information identified in the original notice delineating missing information.
The time frame is tolled in the case of second or subsequent notices pursuant
to the procedures identified in subsection (B)(2)(a) of this section. In the case
of a second or subsequent notice of incompleteness, the city may not specify
missing information or documents that were not delineated in the original
notice of incompleteness if no new information submitted by the applicant
alters a previously reviewed aspect of the application.
C. Failure to Act. In the event the city fails to act on a request seeking approval
for an eligible facilities request under this section within the time frame for review,
accounting for any tolling, the request shall be deemed granted. The deemed grant
becomes effective when the applicant notifies the city in writing after the review
period has expired (accounting for any tolling) that the application has been deemed
granted.
D. Interaction with Telecommunications Act Section 332(c)(7). If the city
determines that the applicant’s request is not an eligible facilities request as
delineated in this title, the presumptively reasonable time frame under Section
332(c)(7), as prescribed by the FCC’s Shot Clock order, will begin to run from the
issuance of the city’s decision that the application is not a covered request. To the
extent such information is necessary, the city may request additional information
from the applicant to evaluate the application under Section 332(c)(7) reviews.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O97-018, Added, 06/17/1997)
13.12.020 Stormwater management.
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Item 7a.
A. Illicit Discharges. It is unlawful for any person to throw, drain or otherwise

discharge, cause or permit others under its control to throw, drain or otherwise
discharge into the city’s stormwater system and/or surface and ground waters any
pollutant or material other than stormwater.
B. Conditional Discharges. The following types of discharges shall not be
considered illicit discharges for the purposes of this chapter if they meet the stated
conditions, unless the city determines that the type of discharge, whether singly or
in combination with others, is causing or is likely to cause pollution of surface water
or ground water:
1. Potable water, including water from water line flushing, hyperchlorinated
water line flushing, fire hydrant system flushing, and pipeline hydrostatic test
water. Planned discharges shall be dechlorinated to a concentration of 0.1 ppm
or less, pH-adjusted if necessary, and in volumes and velocities controlled to
prevent resuspension of sediments in the stormwater system;
2. Dechlorinated swimming pool and spa discharges. These discharges shall be
dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted if necessary,
and in volumes and velocities controlled to prevent resuspension of sediments in
the stormwater system;
3. Runoff from lawn/landscape watering is permitted if the amount of runoff is
reduced to the maximum extent practical;
4. Street and sidewalk wash water, water used to control dust, and routine
external building washdown that does not use detergents are permitted if the
amount of street wash and dust control water used is minimized. At active
construction sites, street sweeping must be performed prior to washing the
street;
5. Dye testing is allowable but requires verbal notification to the city’s public
works department at least one working day prior to the date of the test. The
Tumwater public works department is exempt from this notice requirement;
6. Nonstormwater discharges covered by another NPDES permit; provided,
that the discharger is in full compliance with all requirements of the permit,
waiver, or order and other applicable laws and regulations; and provided, that
written approval has been granted for any discharge to the storm drain system;
7. Irrigation water from agricultural sources that is commingled with urban
stormwater, provided the city has received written notification and the irrigation
water does not increase the pollutant load of the receiving urban stormwater;
and
8. Other nonstormwater discharges. The discharges shall be in compliance
with the requirements of a stormwater pollution prevention plan (SWPPP)
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Item 7a.
reviewed and approved by the director, which addresses control of such

discharges by applying AKART to prevent pollutants from entering surface or
ground water.
C. Allowable Discharges. The following types of discharges shall not be considered
illicit discharges for the purposes of this chapter unless the city determines that the
type of discharge, whether singly or in combination with others, is causing or is
likely to cause pollution of surface water or ground water:
1. Diverted stream flows;
2. Rising ground waters;
3. Uncontaminated ground water infiltration – as defined in 40 C.F.R.
C.F.R.(20);
4. Uncontaminated pumped ground water;
5. Foundation drains;
6. Air conditioning condensation;
7. Springs;
8. Water from crawl space pumps;
9. Footing drains;
10. Flows from riparian habitats and wetlands; and
11. Discharge from emergency fire fighting activities.
D. Storm Drainage System – Inspections and Maintenance.
1. Maintenance of Stormwater Drainage System by Owners.
a. Any person(s) holding title to a premises for which a stormwater
drainage system and BMPs have been required shall be responsible for the
continual operation, maintenance and repair of said stormwater facilities and
BMPs in accordance with the provisions of this chapter.
b. For privately maintained stormwater facilities, the maintenance
requirements specified in this chapter, including the manual, shall be
enforced against the owner(s) of the property served by the stormwater
facility.
2. Maintenance Agreement Required for Privately Maintained Stormwater
Facilities.
a. When applicable, prior to the issuance of a certificate of occupancy, the
person(s) holding title to a premises for which a stormwater system has been
required shall record a maintenance agreement which guarantees the city
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Item 7a.
that the stormwater facilities shall be properly operated, maintained and

inspected. Restrictions set forth in such agreement shall be included in any
instrument of conveyance of the premises and shall be recorded with the
Thurston County auditor.
b. The director may require the person(s) responsible for existing
stormwater facilities, for which the city has not previously received a
maintenance agreement, to record a maintenance agreement for the
premises.
c. Maintenance agreements shall remain in force for the life of the
development, or until the responsibility for the operation and maintenance of
the subject stormwater facilities is accepted by the city.
3. City Acceptance of Existing Stormwater Facilities.
a. The city is responsible for the maintenance, including performance and
operation, of stormwater facilities which have formally been accepted for
maintenance by the director.
b. The city may assume maintenance of privately maintained stormwater
facilities only if the following conditions have been met:
i. All necessary easements or dedications entitling the city to properly
maintain the stormwater facility have been conveyed to the city;
ii. The director has determined that the stormwater facility is in the
dedicated public road right-of-way or that maintenance of the facility will
contribute to protecting or improving the health, safety and welfare of the
community based upon review of the existence of or potential for:
(A) Flooding,
(B) Downstream erosion,
(C) Property damage due to improper function of the facility,
(D) Safety hazard associated with the facility,
(E) Degradation of water quality or in-stream resources, or
(F) Degradation to the general welfare of the community; and
iii. The director has declared in writing acceptance of maintenance
responsibility by the city. Copies of this document will be kept on file in
the public works department.
c. The director may terminate the city’s assumption of maintenance
responsibilities in writing after determining that continued maintenance will
not significantly contribute to protecting or improving the health, safety and
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welfare of the community based upon review of the existence of or potential

for:
i. Flooding;
ii. Downstream erosion;
iii. Property damage due to improper function of the facility;
iv. Safety hazard associated with the facility;
v. Degradation of water quality or in-stream resources; or
vi. Degradation to the general welfare of the community.
d. A stormwater facility which does not meet the criteria of this section
shall be the responsibility of the person(s) holding title to the premises for
which the facility was required.
e. Director may recover costs for maintenance activities incurred by the city
from the person(s) holding title to the premises served by the stormwater
facility.
4. City Inspections of Privately Maintained Stormwater Facilities.
a. The director is authorized to develop and implement an inspection
program for privately owned and maintained stormwater facilities in the city.
The purpose of this inspection program shall be to determine if said
stormwater facilities, conveyance structures and water quality facilities are
in good working order and are properly maintained, and to ensure that
stormwater quality BMPs are in place and that nonpoint source pollution
control is being implemented.
b. As part of the inspection program, or whenever there is cause to believe
that a violation of this chapter has been or is being committed, the city is
authorized to inspect during regular working hours, or at other reasonable
times, any and all stormwater drainage facilities within the city to determine
compliance with the provisions of this chapter.
c. When making any inspections, the director or designee shall follow the
procedures delineated in subsection (D)(5) of this section.
5. Inspection Procedures.
a. Prior to making any inspections, the city shall present identification,
state the reason for the inspection and request entry.
b. If the premises is unoccupied, the city shall make a reasonable effort to
locate the person(s) having charge or control of the property or portions of the
property and request entry.
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c. If, after reasonable effort, the city is unable to locate the person(s) having
charge or control of the property, and has reason to believe the condition of
the site or of the stormwater drainage system creates an imminent hazard to
persons or property, the city may enter.
d. If entry is not consented to by the owner or person(s) in control of the
property or portion of the property, and no conditions are reasonably believed
to exist which create a risk of imminent hazard, the inspector shall obtain a
search warrant prior to entry. To the extent authorized by the laws of the
state of Washington, the Tumwater municipal court is hereby authorized to
issue a warrant permitting the inspection of privately owned stormwater
facilities, upon a showing of probable cause to believe that a provision of this
title has been or is being violated.
e. The inspector may also inspect the stormwater drainage system without
obtaining a search warrant provided for in subsection (D)(5)(d) of this section,
provided the inspection can be conducted while remaining on public property
or other property on which permission to enter is obtained.
E. Illicit Connections – Inspection and Removal.
1. The construction, use, maintenance or continued existence of illicit
connections to the storm drainage system is prohibited.
2. This prohibition expressly includes, without limitation, connections made in
the past, regardless of whether the connection was permissible under law or
practices applicable or prevailing at the time of connection.
3. A person is in violation of this chapter if the person connects a line
conveying sanitary sewage to the MS4, or allows such a connection to continue.
4. Any connection identified by the director that could convey anything not
composed entirely of surface and stormwater directly into the city’s storm
drainage system is considered an illicit connection and is prohibited.
5. When the director has reason to believe that an illicit connection is resulting
in an illicit discharge, the director may sample and analyze the discharge and
recover the costs from the person(s) responsible for the connection or premises.
F. Administration.
1. General. The director is authorized to implement and enforce the provisions
of this chapter. The director will coordinate the implementation and enforcement
of this chapter with other city departments.
2. Treatment BMPs. In the event that a person discharges stormwater into a
municipal separate storm sewer system (MS4) that is not of a quality that
complies with city, county, state, and/or federal requirements, or where
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determined necessary, water quality-based requirements, the person shall

provide necessary source control/stormwater treatment BMPs as required to
comply with these requirements.
a. The manual shall be used to select acceptable technologies.
b. Any facility required to treat stormwater to an acceptable level shall be
properly operated and maintained at the owner’s expense. Detailed
engineering plans and specifications showing the treatment facilities shall be
submitted to the city for review, and must be acceptable to the city before
construction of the facility. The person responsible for the premises shall
obtain all necessary construction/operating permits from the city. Depending
upon size and complexity of the treatment facility, the city may find it
necessary to require that the facility be run by a qualified operator.
Necessary qualifications shall be determined by the city in each individual
case. The review of such plans shall in no way relieve the person from the
responsibility of modifying its facility as necessary to produce a stormwater
effluent acceptable to the city under the provisions of this chapter.
c. Upon completion of the treatment facility, the person responsible for the
premises shall furnish its operations and maintenance procedures to the city
for review and approval. Any subsequent changes in the treatment facilities
or operation and maintenance procedures shall be reported to and be
accepted by the city prior to initiation of the changes.
3. Inspection and Sampling. The city may inspect all facilities of any person to
determine compliance with the requirements of these regulations. The city shall
be allowed to enter upon the premises at all reasonable hours for the purposes of
inspection, sampling, or records examination. The city shall have the right to
inspect and copy any of the person’s records that are required by, or that relate
to, compliance with the terms and conditions of these regulations. The city shall
have the right to set up on the person’s property such devices as are necessary to
conduct sampling, inspection, compliance monitoring, and/or metering
operations.
G. Enforcement.
1. Authorization. The director is authorized to enforce this chapter and any
permit, order or approval issued pursuant to this chapter, against any violation
or threatened violation thereof. Violations of this chapter shall constitute a
public nuisance. The director is authorized to take enforcement action for
violations of this chapter including but not limited to illicit discharges and
connections, as well as dumping as described in this chapter.
2. Compliance. The director shall attain compliance with this chapter by
requiring the implementation and maintenance of BMPs. The director may
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initially rely on education and informational assistance to gain compliance with

this chapter. However, if the director determines a violation poses a hazard to
public health, safety, or welfare or endangers any property, the director may
demand immediate cessation of unlawful discharges and/or connections and
assess penalties for violations. Said penalties shall escalate as necessary to
achieve compliance with this chapter.
3. Penalties. The city is authorized to issue violation notices and orders, levy
fines, recover costs, issue notices of civil infraction, and/or institute both civil
and criminal actions in court. Recourse to any single remedy shall not preclude
recourse to any other remedies available to the city.
a. Orders. The city may serve an order of violation of this chapter. The
order shall include the following:
i. Owner Information. Name and address of the property owner and/or
other person(s) to whom the notice and order is directed.
ii. Description of Violation. The specific nature, extent, and time of
violation.
iii. Code Reference. Reference to the provision of code which has been
violated.
iv. Corrective Measures. The order may include specific corrective
measures to be taken to correct the violation and a date or time by which
correction is to be completed.
v. Correction Required. The order shall include a statement that the
person(s) to whom the notice is directed must:
(A) Complete correction by the date stated in the notice;
(B) Appeal the notice and order to the hearing examiner within
fourteen days as provided in TMC 1.10.07014.08.030; or
(C) Enter into and comply with a voluntary correction agreement
with the city.
vi. Nonaction. The order shall include a statement that if the violation is
not corrected, the notice and order not appealed, a voluntary correction
agreement not entered or complied with, or hearing examiner order not
complied with, a penalty as specified in this chapter shall accrue, and that
the violation may be abated by the city and costs assessed against the
person(s) as authorized by this chapter.
vii. Service. The notice and order shall be served by personal delivery or
mailing a copy by registered or certified mail and/or by posting a copy
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conspicuously on the affected property, etc. The order issued under this
section shall become effective immediately upon personal delivery or
posting, or, in the case of mailing, three days after deposited in the U.S.
mail.
viii. Civil Penalty. Any person(s) who unlawfully discharges and/or
connects into a municipal storm drainage system may be assessed a civil
penalty as follows:
(A) The director may assess the owner a civil penalty not to exceed
$5,000 for each violation. Each violation or each day or portion of a day
of continued unlawful activity shall constitute a separate violation. For
a first violation, the civil penalty shall not exceed $1,000; $2,500 for a
second violation; and $5,000 for a third and continual violation of this
chapter.
(B) Any person(s) who, through an act of commission or omission,
aids in a violation shall be considered to have committed the violation
for purposes of the civil penalty.
(C) Within fourteen days of receiving the notice of violation, the
person may appeal the penalty or action to the hearing examiner as
provided in TMC 1.10.07014.08.030.
b. Recovery of Costs Incurred by the City. In addition to any penalty, any
person(s) violating any of the provisions of this chapter, who discharges or
causes a discharge which violates the city’s NPDES permit and/or produces a
deposit or obstruction or causes damage to or impairs the city’s stormwater
system or causes damage to physical, chemical, or biological systems of
waters of the state or waters of the United States, shall be liable to the city
for any expense, loss, or damage caused by such violation or discharge,
including the costs for bringing the city back into compliance with its NPDES
permit associated with the violation of these regulations, and any fines levied
for violations of the city’s NPDES permit.
c. Abatement by City. The city may perform the abatement required upon
noncompliance with the terms of an unappealed notice and order, a voluntary
correction agreement, or a final order of the hearing examiner. The city may
utilize city employees or a private contractor under city direction to
accomplish the abatement. The city, its employees and agents using lawful
means are expressly authorized to enter upon the property of the violator for
such purposes.
i. Recovery of Abatement Costs. The city shall bill its costs, including
incidental expenses, of abating the violation to the person obligated to
perform the work under the notice and order, voluntary correction
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agreement or the hearing examiner’s decision, which costs shall become

due and payable thirty days after the date of the bill. The term “incidental
expenses” shall include, but not be limited to, personnel costs, both direct
and indirect, including attorney’s fees incurred by the city; costs incurred
in documenting the violation; the actual costs and expenses in the
preparation of notices, specifications and contracts, and in inspecting the
work; and the cost of any required printing and mailing. The director, or
the hearing examiner, may in his or hertheir discretion waive in whole or
part the assessment of any costs of abatement upon a showing that
abatement has occurred or is no longer necessary, or that the costs would
cause a significant financial hardship for the person(s) responsible for the
violation. The city may authorize the use of collection agencies to recover
costs. The city attorney is authorized to collect the costs by use of
appropriate legal remedies.
ii. Obstruction with Work Prohibited. No person shall obstruct, impede
or interfere with the city, its employees or agents, or any person who owns
or holds any interest or estate in any property in the performance of any
necessary act, preliminary or incidental to carrying out the requirements
of a notice and order to correct, voluntary correction agreement, or order
of the hearing examiner issued pursuant to this chapter. A violation of
this provision shall constitute a misdemeanor.
iii. Report to the City Council on Cost of Abatement. Where costs are
assessed under this section and the person(s) responsible fails to pay
within the thirty-day period, the director shall prepare a written itemized
report to the city council showing the cost of abatement, including
rehabilitation, demolition, restoration or repair, including such salvage
relating thereto plus the amount of any outstanding penalties.
(A) A copy of the report and a notice of the time and date when the
report shall be heard by the city council shall be served on the
person(s) responsible for payment at least five days prior to the
hearing before the city council.
(B) The city council shall review the report and such other
information on the matter as it receives and deems relevant to the
hearing. The city council shall confirm or revise the amounts in the
report, authorize collection of that amount or, in the case of a debt
owed by a property owner, authorize placement of an assessment lien
on the property as provided herein.
iv. Assessment Lien. Following the hearing and authorization by the city
council, the city clerk shall certify to the county treasurer the confirmed
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amount. The county treasurer shall enter the amount of such assessment
upon the tax rolls against the property for the current year and the same
shall become a part of the general taxes for that year to be collected at the
same time and with interest at such rates as provided in RCW 84.56.020,
as now or hereafter amended, for delinquent taxes, and when collected to
be deposited to the credit of the stormwater utility of the city. The lien
shall be of equal rank with the state, county, and municipal taxes. The
validity of any assessment made under the provisions of this chapter shall
not be contested in any action or proceeding unless the same is
commenced within fifteen calendar days after the assessment is placed
upon the assessment roll.
d. Violators Punishable by Fine and Imprisonment. Any person who
without authorization discharges pollutants into a municipal stormwater
system, uses an unapproved connection to discharge into a municipal
stormwater system, submits false information in permitting and reporting
requirements, violates the terms and conditions of a permit, violates an order
issued by the director or designee, fails to pay a civil penalty or cost recovery
assessment, or obstructs or damages a municipal storm drainage system
shall be deemed guilty of a misdemeanor. Each person found guilty of a
violation shall be deemed guilty of a separate offense for every day during
any portion of which the violation is committed, continued, or permitted by
such person and shall be punishable as provided for in this chapter. Any
person who, through an act of commission or omission, procures, aids, or
abets in a violation shall be considered to have committed a violation for the
purpose of this section.
e. Injunction and Other Civil Remedies. In addition to any other penalty or
method of enforcement, the city attorney may bring civil actions and suits for
damages, injunctive relief and/or for other civil remedies as necessary. Any
violation of this chapter shall constitute a public nuisance, and may be
enjoined as provided by the statutes of the state of Washington.
4. Records Retention. All persons subject to these regulations shall retain and
preserve for no less than three years any records, books, documents,
memoranda, reports, correspondence, and any and all summaries thereof,
relating to operation, maintenance, monitoring, sampling, and chemical analysis
made by or on behalf of a person in connection with its discharge. All records
which pertain to matters which are the subject of enforcement or litigation
activities brought by the director pursuant to this chapter shall be retained and
preserved by the person until all enforcement activities have concluded.
Ord. 1099, Added, 04/07/1987)
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Section 5. TMC Title 14 of the Tumwater Municipal Code is hereby

Title 14
DEVELOPMENT CODE ADMINISTRATION
Chapters:
14.10 GENERAL PROVISIONS
14.12 LAND USE PERMITS
14.14 LAND USE PERMIT PREAPPLICATION AND APPLICATION
PROCESS
14.16 LAND USE PERMIT APPLICATION REVIEW
14.18 LAND USE PERMIT APPLICATION DECISIONS AND APPEALS
Chapter 14.10
GENERAL PROVISIONS
Sections:
14.10.010 Intent.
14.10.010 Intent.
A. The purpose of this title is to combine and consolidate the application, review,
and approval processes for land use in the city of Tumwater in a manner that is
clear, concise, and understandable. It is further intended to comply with state
guidelines for expediting development review and integrating environmental review
and land use regulations.
B. Fundamental land use planning choices made in the city’s comprehensive plan
and development regulations shall serve as the foundation for land use permit
review. The review of a proposed project's consistency with applicable development
regulations, or, in the absence of applicable regulations, the city’s adopted
comprehensive plan, shall be incorporated into the determinations made in this
title.
C. These procedures provide for an effective processing and review of land use
permit applications consistent with Chapter 36.70B RCW.
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D. This title is applied in conjunction with TMC 2.58 Hearing Examiner; TMC
Title 15 Buildings and Construction; TMC Title 16 Environment; TMC Title 17
Land Division; TMC Title 18 Zoning; the city’s shoreline master program; and other
applicable codes and standards.
E. Unless another department or agency is the primary agency in a permit
process, the director of the community development department shall administer
the provisions hereof and may adopt such rules as will assist in administering these
provisions.
F. Notwithstanding the city’s authority to issue land use permit approvals within
the period established by this title, the city should strive to process land use permits
in a timely manner. Provided, however, permit processing should not be conducted
so as to adversely affect the public’s right to provide appropriate input to the
process and exercise appeal rights.
B. “Closed record appeal” means an administrative appeal on the record to a city
body or officer, or another agency if they have approval authority, following an open
record hearing on a land use permit application when the appeal is on the record
with no or limited new evidence or information allowed to be submitted and only
appeal argument allowed.
D. “Department” means the community development department.
E. “Determination of completeness” means a written determination by the director
that a land use permit application is procedurally complete, and all required
elements of an application have been received by the department. This
determination initiates the statutory review period for the application, if any, and
subject to certain exceptions, entitles the applicant to have the application
considered and reviewed pursuant to the laws, regulations, and standards in effect
on the date the application was complete.
F. “Development guide” means the Tumwater development guide pursuant to
TMC 15.02.010 or as subsequently amended.
G. “Development review committee” means a group of development review staff
from city departments assigned by the director to conduct preapplication
conferences and review land use permit applications.
H. “Director” means the director of the community development department of the
city, or their designee, unless another department or agency oversees the proposed
land use action in which case it refers to the chief administrative officer of that
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department or agency. The director, or their designee, shall serve as the city’s
designated permit coordinator.
I. “Feasibility review” means an optional preapplication conference between a
prospective applicant or development proponent and the development review
committee to provide limited information on applicable development and site
requirements as a precursor to a preapplication conference.
J. “Land use permit” means any land use or environmental permit or license
required from the city for a land use action, including but not limited to
subdivisions, binding site plans, planned unit developments, conditional uses,
shoreline substantial development permits, site plan review, permits or approvals
required by critical area ordinances, site-specific rezones which do not require a
comprehensive plan amendment, but excluding the adoption or amendment of the
comprehensive plan, a subarea plan, or development regulations. A land use action
also includes any proposal for the development of any new commercial, industrial,
institutional, or multifamily (five units or more) structure or addition or
modification to a commercial, industrial, institutional, or multifamily structure or
change in occupancy of such an existing structure that changes utility
requirements, parking requirements or necessitates additional site improvements.
K. “Open record hearing” means a hearing, conducted by the city hearing
examiner, or another body identified in TMC Table 14.12.020(A), that creates the
record through testimony and submission of evidence and information. An open
record hearing may be held prior to a decision on a land use permit to be known as
an “open record predecision hearing.” An open record hearing may be held on an
appeal, to be known as an “open record appeal hearing,” if no open record
predecision hearing was held on the land use permit.
L. “Planned action” means one or more types of land use actions that are
designated planned actions by city ordinance or resolution as more particularly
outlined in TMC 14.16.030(B).
M. “Preapplication conference” means a meeting between an applicant and the
development review committee usually held after a “feasibility review,” but prior to
submission of a land use permit application designed to evaluate developing
application submittal documents, to answer questions and provide procedural
information to prospective applicants, and to guide applicants with preparation of a
land use permit application submittal.
A. By adopting this title, the city has consolidated land use permit application and
review procedures to integrate land use permit and environmental review processes
to avoid duplication.
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B. Approval of a land use permit application must be completed, and all appeal
periods terminated prior to application for a building or any other construction
permit.
1. The applicant shall construct and develop projects that have been reviewed
as land use permit applications in compliance with the approved site plan and
conditions attached thereto.
2. In limited circumstances, the director may allow by a written decision for
building and other construction permits to be submitted for review prior to the
completion of all land use permit application approvals and appeals. Such a
decision shall be subject to the applicant assuming responsibility if changes to
the building or construction permit application are required to meet the
subsequent land use permit application approval or appeal resolution.
C. A land use permit approval under this title is required for the following actions:
1. A change of use of land, variance, planned unit development, site plan
review, application of citywide design guidelines, or other land use permit
approvals in TMC Title 18 Zoning, aside from those approvals excluded in TMC
14.10.030(D), including:
a. Any addition that results in a substantial revision to the approved site
plan or land use permit application as defined in TMC 14.10.060;
b. Any new nonresidential use of land; and
c. The location or construction of any nonresidential building or any project
which contains five or more dwelling units;
2. Environmental permit approvals pursuant to TMC Title 16 Environment;
3. Land division approvals pursuant to TMC Title 17 Land Division;
4. Shoreline approvals pursuant to the city’s shoreline master program; and
5. Site-specific rezones that do not require a comprehensive plan amendment
pursuant to TMC 18.60.
D. The following approvals are not subject to the review and approval procedures
in this title:
1. Building and construction approvals pursuant to TMC Title 15 Buildings
and Construction;
2. Floodplain development permits pursuant to TMC 18.38;
3. Text amendments to the municipal code, general area rezones, site-specific
rezones that require a comprehensive plan amendment, and comprehensive plan
text or map amendments pursuant to TMC 18.60; and
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4. Any other approvals not listed in TMC 14.10.030(C).

A. Except as otherwise provided in this title, the director shall issue a notice of
final decision or approve a land use permit application within the number of days
established by TMC Table 14.12.030 after notifying the applicant that such an
application is complete, as provided in TMC 14.14.040.
B. In determining the number of days that have elapsed after the director has
established that a land use permit application is complete, the following periods
shall be excluded:
1. Any period after an applicant informs the city in writing that they would
like to temporarily suspend review of the land use permit application until the
time that the applicant notifies the city in writing that they would like to resume
the review of the application.
a. The city may set a time limit and conditions for the temporary
suspension of a land use permit application.
b. If an applicant informs the city in writing that the applicant would like
to temporarily suspend the review of the land use action for more than sixty
days, an additional thirty days shall be added to the time periods for the city
to take action to issue a final decision for each type of land use permit subject
to this title;
2. Any period during which the applicant has been requested by the city to
correct plans, perform required studies, or provide additional required
information.
a. This period shall be calculated from the date the director notifies the
applicant of the need for additional information until the earlier of the date
the director determines whether the additional information satisfies the
request for information or fourteen days after the date the information has
been provided.
b. If the director determines that the information submitted by the
applicant is insufficient under TMC 14.14.040(A)(2), the director shall notify
the applicant of the deficiencies and the procedures under TMC 14.14.040(F)
shall apply as if a new request for studies had been made.
c. If an applicant is not responsive for more than sixty consecutive days
after the director has notified the applicant in writing that additional
information is required to further process the land use permit application, an
additional thirty days shall be added to the time periods for the city to take
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action to issue a final decision for each type of land use permit subject to this
chapter.
d. A land use permit application shall expire if an applicant does not
respond in writing to a request for additional information within ninety days.
e. Any written notice from the director to the applicant that additional
information is required to further process the land use permit application
must include a notice that nonresponsiveness for sixty consecutive days may
result in thirty days being added to the time for review and that such an
application will expire pursuant to TMC 14.10.040(B)(2)(d).
f. For the purposes of this subsection, not being responsive means that an
applicant is not making demonstrable progress on providing additional
requested information to the city, or that there is no ongoing written
communication from the applicant to the city on the applicant's ability or
willingness to provide additional requested information;
3. Any period during which an environmental impact statement is being
prepared following a determination of significance pursuant to Chapter 43.21C
RCW;
4. Any period after an administrative appeal is filed until the administrative
appeal is resolved and any additional time period provided by the administrative
appeal has expired; and
5. Any extension of time mutually agreed upon in writing by the applicant and
the director.
C. The time limits established by TMC Table 14.12.030 do not apply if a land use
permit application:
1. Requires approval of the siting of an essential public facility as provided in
RCW 36.70A.200; or
2. Is substantially revised by the applicant as determined by the process in
TMC 14.10.060, in which case the time period shall start from the date at which
the revised land use permit application is determined to be complete under TMC
14.14.040.
D. If Review Time Limits are not Met.
1. If the director is unable to issue their final decision within the time limits
provided for in TMC Table 14.12.030, as extended as allowed by TMC 14.10.070,
the director shall refund a portion of the land use permit application fee to the
applicant.
2. The portion of the fee refunded for the city missing time periods shall be:
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a. Ten percent if the final decision of the land use permit application was
made after the applicable time limit in TMC Table 14.12.030 but the period
from the end of the time limit to the time of issuance of the final decision does
not exceed twenty percent of the original time limit; or
b. Twenty percent if the end of the applicable time limit in TMC Table
14.12.030 to the time of the issuance of the final decision exceeded twenty
percent of the original time period.
E. Regardless of whether any period is a minimum or maximum, when any land
use permit review, notice, or decision time limit of this title terminates on a
weekend or city holiday, such time limit automatically extends to the first following
non-holiday weekday.
A. Notices that are required by this title should be distributed as follows:
1. Publication in the official newspaper if one has been designated or a
newspaper of general circulation in the city;
2. Mailing to all owners of property as listed on the records of the Thurston
County assessor within three hundred feet of the boundaries of property which is
the subject of the meeting, hearing, or pending land use action. The director may
extend notification beyond three hundred feet in cases where the director has
determined the area notified does not provide adequate notice to neighbors
affected by the pending action. Addressed, prestamped envelopes shall be
provided by the applicant;
3. Posting at least one notice on the subject property by the applicant in
accordance with specifications provided by the department; and
4. Whenever practical, the director may utilize additional forms of notice.
1. The address, location, and a vicinity map or sketch of the property which is
the subject of the land use permit application;
2. The date, time, location, and purpose of the meeting or hearing;
3. A general description of the proposed project or land use action to be taken;
and
4. A place where further information about the meeting or hearing may be
obtained.
C. Public notices shall be written in a form and use words easily understood by
the public. Any technical terms or complex legal phrases should either be avoided or
restated in commonly understood language.
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D. All notices shall specify the first and last date and time by which written public
comment may be submitted.
E. All notices are deemed to have been provided or received on the date the notice
is deposited in the mail, sent electronically, or personally delivered, whichever
occurs first.
F. Optional Public Notice. In addition to required public notice, the city may
provide notice to other individuals or organizations interested in or possibly affected
by the proposal.
G. Failure to provide public notice as described in this title is not grounds for
invalidation of a decision on a land use permit.
A. If the director determines that the content of a land use permit application has
been so substantially revised by an applicant, either voluntarily or to conform with
applicable standards and requirements, that such revised proposal constitutes a
substantially different proposal than that originally submitted, the director shall
determine that the revised proposal is a new land use permit application.
B. In reaching a determination whether a revision is so substantial as to
constitute a new land use permit application, the director shall consider:
1. The relative and absolute magnitude of the revision;
2. The environmental sensitivity of the site; and
3. Any changes in location of significant elements of the proposed project and
their relation to public facilities, surrounding lands and land uses, and the stage
of review of the proposal.
C. Lesser revisions that would not constitute substantial revisions during
preliminary stages of review may be substantial during later stages due to the
reduced time and opportunity remaining for interested parties to review and
comment upon such changes.
D. The director shall provide a written notice of the determination that the
revision is so substantial as to constitute a new land use permit application to the
applicant and all parties of record.
E. The director’s determination that a revision is so substantial as to constitute a
new land use permit application shall result in the time periods set forth in TMC
Table 14.12.030 to restart from the date when such a revised application is
determined to be complete.
F. The revised land use permit application is subject to all laws, regulations, and
standards in effect on the date of receipt of such a revised application.
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Item 7a.

A. An applicant is responsible for knowing the expiration date of any land use
permit approval as the city is not responsible for notifying an applicant of
expirations.
B. Land Use Permit Approval.
1. Except as noted elsewhere in this section, land use permit approvals shall be
valid for a period of eighteen months.
a. A land use permit approval expires and is null and void eighteen months
from the date the final approval was issued unless complete applications for
necessary building and construction permits have been submitted or a
different time limitation is established by this section.
b. A specific land use permit approval time period, as deemed necessary by
the nature of the proposed project or the other permits required by the
proposed project, may be imposed by the director as a condition of the initial
land use permit approval.
c. A land use permit approval may be extended an additional six months if
complete building and construction permit applications for the proposed
project are submitted prior to expiration of the land use permit approval.
d. Even absent such building and construction permit applications, upon
finding that there has been no substantial change in relevant circumstances
and standards, land use permit approval may be extended up to one
additional year by the director pursuant to a written request submitted prior
to the expiration of land use permit approval.
i. The director may grant, limit, or deny the extension and may impose
such conditions of extension to ensure compliance with any subsequently
revised standards.
ii. If such a written request for extension is not received by the
department prior to expiration, the director shall deny such extension.
2. If there are multiple land use permit approvals for a project with conflicting
approval periods, the longest approval period shall be followed.
C. Land Divisions.
1. Preliminary Plats. The duration of preliminary plat approvals is found in
TMC 17.14.080.
2. Final Plats. The time limit for filing an approved final land division is found
in TMC 17.24.100.
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Item 7a.
D. Conditional Use Permits. Time limitations for conditional use permit approvals
are found in TMC 18.56.070.
E. Planned Unit Developments. Time limitations for planned unit development
approvals are found in TMC 18.36.170.
F. Site Plan Reviews. Time limitations for site review approvals are found in TMC
18.55.070.
G. Design review approvals expire simultaneously with expiration of any
associated land use, building, or other construction permit or approval.
H. Variances and Reasonable Use Exceptions. Unless utilized, a variance or
reasonable use exception expires eighteen months from the date a final decision is
issued.
I. United States Fish and Wildlife Service Incidental Take Permits.
1. For land use permit approvals issued by the city which are affected by the
United States Fish and Wildlife Service’s requirement for an incidental take
permit, the director may issue time extensions in one year increments until an
areawide or individual habitat conservation plan is approved by the U.S. Fish
and Wildlife Service.
2. In no case shall time extensions for incidental take permits exceed three
years.
3. During such extensions granted pursuant to this subsection, approvals shall
continue to be subject to the conditions of approval and vested rights that
applied to the approval prior to the extension, except for storm drainage
standards, design standards, and building and fire codes, unless the incidental
take permit would significantly alter the approval.
A. Land Use Code Interpretations.
1. Purpose and applicability.
a. The purpose of this section is to establish the procedure for interpreting
provisions of city land use codes to clarify conflicting or ambiguous wording.
b. The director is authorized to make written interpretations of the
provisions of the following titles of the Tumwater Municipal Code:
i. TMC Title 14 Development Code Administration;
ii. TMC Title 16 Environment;
iii. TMC Title 17 Land Division;
iv. TMC Title 18 Zoning; and
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Item 7a.
v. Shoreline Management Program.

c. Issuance of an interpretation of the provisions of the codes cited in TMC
14.10.080(A)(1)(b) shall not amend the code.
2. Interpretation requests.
a. Requests may be made by an applicant prior to the submission of a land
i. A written request on a form provided by the department shall be
submitted that specifies each provision of the code in TMC
14.10.080(A)(1)(b) for which an interpretation is requested.
ii. The written request shall specify why an interpretation of each
provision is necessary and any reasons or materials in support of the
proposed interpretation.
b. Code interpretations after a land use permit application has been
submitted shall be made as part of the applicable land use permitting process
pursuant to TMC Title 14 Development Code Administration.
3. Procedure.
a. The director shall evaluate the request and determine whether the
request is justified or not;
b. If the director determines that the request is justified, the request shall
be:
i. Processed as a Type I land use permit application type decision; or
ii. Consolidated with the process associated with a preapplication
conference.
c. The director shall consult with the State Department of Ecology
regarding any interpretation of the shoreline management program.
4. Factors for consideration. In making an interpretation of the provisions of
the land use code, the director shall consider the following criteria:
a. The applicable provisions of the land use code including their purpose
and context;
b. The impact of the interpretation on other provisions of the code;
c. The implications of the interpretation for development within the city as
a whole; and
d. The applicable provisions of the comprehensive plan and other relevant
codes and policies.
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Item 7a.
5. Issuance of interpretation.
a. The director shall issue a written interpretation within thirty days of the
department’s receipt of the interpretation request.
b. Issuance of the interpretation shall include notification of the person
making the request and publication of the interpretation on the city’s
website.
c. Issued interpretations are not project approvals.
6. Appeals.
a. The applicant may file an appeal of an issued interpretation.
b. The appeal shall follow all rules and procedures for appeals of Type I
land use permit applications.to the hearing examiner as set forth in TMC
Title 14 Development Code Administration.
B. Dedication, Improvements, and Performance Bonds. As a condition of land use
permit approval, the city may require an applicant to dedicate property, construct
public improvements, or furnish performance bonds to the city to secure an
obligation to complete the provisions and conditions of the land use permit as
approved.
C. Building and Construction Permits. The city shall not issue any building
permit for the construction, alteration, or relocation of any building, structure, or
part thereof or construction permit for the construction of any site improvements
unless the plans, specifications, and intended use of such building or structure and
site conforms in all respects to the final land use permit approval(s) required by this
title.
D. Fees. Land use permit application fees are established by city council
resolution.
E. Vesting. Land use permit approvals vest according to TMC 15.44 and other
applicable state and federal laws.
F. Conflicts. In the event of conflicts between the procedural requirements of this
title and other development regulations of the city, the provisions of this title shall
control.
Chapter 14.12
LAND USE PERMITS
Sections:
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Item 7a.

A. An applicant seeking land use permit approval shall apply on forms provided
by the city and provide all the items noted on land use permit application checklists,
unless waived in writing by the director.
B. Application fees as established by the city are due at the time of submittal of a
land use permit application.
C. Applicable procedures for the review and decision on land use permit
applications are pursuant to the provisions of this title.
D. Land Use Permit Application Types.
1. The director shall determine the proper land use permit application type for
the processing of each application pursuant to the provisions of this title.
2. Land use permit applications are categorized as Type I, Type II, or Type III.
a. Type I. Administrative decisions by the director who may approve,
conditionally approve, or deny the application.
b. Type II. Administrative decisions by the director with specified public
notice. The director may approve, conditionally approve, or deny the
application.
c. Type III. Hearing examiner decisions following a public hearing. The
hearing examiner may approve, conditionally approve, or deny the
application.
3. TMC Table 14.12.010 identifies examples of the types of land use permit
applications included in each application type.
4. Decision and appeal authorities for each land use permit application type is
identified in TMC Table 14.12.020(A).
5. Permit notice requirements for each land use permit application type is
identified in TMC Table 14.12.020(B).
6. Review times for each land use permit application type is identified in TMC
Table 14.12.030.
Table 14.12.010
Land Use Permit Application Types1
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Item 7a.
Land Use Permit

Examples
Application Type
Boundary line adjustments, critical area requests for
determination of applicability, final plats, home occupation
permits, land clearing permits, land use code interpretations,
lot consolidations, plat time extensions, preliminary short
Type I
plats, preliminary SEPA threshold determinations (if EIS is
required), reasonable use exemptions, shoreline exemptions,
site plan review, sign permits, temporary use permits, and
tree permits
Type II Any Type 1 permits that are not SEPA exempt
Binding site plans (phased), conditional use permits, planned
unit developments, plat alternations with hearing, plat
vacations, preliminary plats, replats, shoreline conditional
Type III
use permits, shoreline substantial development permits,
shoreline variances, site-specific rezones not requiring a
comprehensive plan amendment, and zoning variances
TMC Table 14.12.010 Explanatory Notes:
1 The table is not an exhaustive list of all land use permit application types. For any
land use permit application not listed in the table, the director will determine the
application type.
A. TMC Table 14.12.020(A) describes the final decision and appeal authorities for
each land use permit application type.
1. When separate land use permit applications are consolidated under TMC
14.16.040(B) the final decision and appeal shall be rendered by the highest
authority designated for any part of the consolidated application in TMC Table
14.12.020(A).
2. Hearing examiner decisions may be appealed to superior court, except final
shoreline permit actions which may be appealed to the shoreline hearings board.
B. TMC Table 14.12.020(B) provides public notice requirements for each land use
permit application type. When separate land use permit applications are
consolidated under TMC 14.16.040(B), the public notice requirements in TMC Table
14.12.020(B) shall be based on the highest land use permit application type in the
consolidated application.
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Item 7a.
C. A land use permit approval may be amended at the applicant’s request by the
same procedures provided under this title for the original land use permit
application approval and is subject to TMC 14.10.060.
D. The review process for a land use permit application may include review and
approval by the following entities:
1. Department Staff. Individual department staff shall have the authority to:
a. Review and make recommendations to the director to approve, deny,
modify, or conditionally approve Type I land use permit applications, and
b. Provide recommendations to the director regarding land use code
interpretations.
2. Development Review Committee.
a. The development review committee shall have authority to:
i. Conduct feasibility reviews;
ii. Conduct preapplication conferences;
iii. Provide recommendations to the director regarding land use code
interpretations;
iv. Make recommendations to the director to approve, deny, modify, or
conditionally approve Type II land use permit applications; and
v. Make recommendations to the hearing examiner to approve, deny,
modify, or conditionally approve Type III land use permit applications;
b. The committee shall adopt rules of procedure for the purpose of ensuring
fair, lawful, and timely recommendations; and
c. The committee agenda shall be prepared and posted by the department
pursuant to the notification standards found in TMC 14.10.050.
3. Director. The director shall have the authority to:
a. Approve, approve with conditions, or deny Type I or II land use permit
applications including SEPA determinations, so long as such actions are in
conformity with the Tumwater Municipal Code;
b. Consider pertinent facts bearing on land use permit applications in
making their decision; and
c. Refer a Type I or Type II land use permit application to the hearing
examiner for an open record public hearing, if the director determines such
an application is extraordinarily complex or presents significant
environmental, design, or compatibility issues.
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Item 7a.
4. Hearing Examiner. The hearing examiner shall have the authority vested
pursuant to TMC 2.58.090 to:
a. Conduct open record public hearings on Type III land use permit
applications and appeals of director decisions on Type I and II land use
permit applications, including SEPA determinations;
b. Approve, approve with conditions, or deny Type III land use permit
applications including SEPA determinations, so long as such actions are in
conformity with the Tumwater Municipal Code;
c. Decide appeals of director decisions on Type I and II land use permit
applications, including SEPA determinations; and
d. Consider pertinent facts bearing on land use permit applications in
making their decision.
Table 14.12.020(A)
Decision and Appeal Authority
Land Use Permit Appeal To
Decision
Application Recommendation Hearing Body (Open or Closed
Authority
Type Record Appeal)
Type I DRC N/A DIR HEX
Type II DRC N/A DIR HEX
DIR - site-
specific rezones
Superior Court or
not requiring a
WA State
comprehensive
Type III HEX HEX ELUHO for
plan shoreline permits
amendment. (closed record)
DRC – All
others.1
TMC Table 14.12.020(A) Legend:
CC – City Council
DIR – Director of the Community Development Department
DRC – Development Review Committee
ELUHO – State Environmental and Land Use Hearings Office
HEX – Hearing Examiner
N/A – Not Applicable
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Item 7a.
PC – Planning Commission
TMC Table 14.12.020(A) Explanatory Notes:
1 Decisionson shoreline conditional use permits are issued by the city and the city’s
decision can be appealed. The city’s decision is sent to the State Department of
Ecology for further review and approval or disapproval. After the city appeal
process and Ecology’s review processes are complete, appeals may be made to the
ELUHO within twenty-one days of the “date of filing” as defined in RCW
90.58.140(6).
Table 14.12.020(B)
Public Notice Requirements
Land Use Permit
Determination of Notice of Notice of Notice of
Application
Completeness Application Hearing Decision
Type
Type I No No N/A1 No
Type II Yes Yes N/A1 Yes
Type III Yes Yes Yes Yes
TMC Table 14.12.020(B) Explanatory Notes:
1 If
Type I or Type II land use permit application types are appealed, then notice of
hearing requirements would apply.
A. Review Period.
1. The decision authority established in TMC Table 14.12.020(A) shall make a
final decision on a land use permit application within the time limits set forth in
TMC Table 14.12.030.
a. When separate land use permit applications are consolidated under TMC
14.16.040(B), the time limits for review in TMC Table 14.12.030 shall be
based on the highest land use permit application type in the consolidated
application.
b. The city shall review and process a land use permit application to allow
for a final decision by the decision authority established in TMC Table
14.12.020(A) within the time limits set forth in TMC Table 14.12.030.
Table 14.12.030
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Item 7a.
Land Use Permit

Time in Review
Application Type
90 days
Type I
• Final Plat: 30 days (TMC 17.24.050)
Type II 120 days
170 days
Type III
• Preliminary Plat: 90 days (RCW 58.17.140)
B. Time Limit Exceptions. The time limits set forth above do not include:
1. Up to the first twenty-eight days after receipt of a land use permit
application, during which the city determines whether the application is
complete pursuant to TMC 14.14.040.
2. Any period during which the applicant has been requested by the city to
correct plans, perform studies, or provide additional information pursuant to
TMC 14.14.040(D).
3. Any appeal period. See TMC Chapter 14.18 for appeal procedures.
4. Any extension of time mutually agreed upon by the applicant and the city
under TMC 14.10.040.
5. The time required to prepare and issue an environmental impact statement
in accordance with SEPA.
Chapter 14.14
LAND USE PERMIT PREAPPLICATION AND APPLICATION PROCESS
Sections:

A. At the option of the applicant, the development review committee will provide
limited information through a feasibility review as a precursor to a preapplication
conference as described in TMC 14.14.020.
B. For a feasibility review, the applicant need not have available all the
information required on the feasibility review application.
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Item 7a.
C. The information provided by the development review committee will be verbal

only and limited by the detail of the information provided by the applicant.
D. Feasibility review applications shall be scheduled for specific time periods on
the agenda prepared for development review committee meetings each week.
E. Feasibility reviews shall be public meetings, unless requested otherwise in
writing by the development proponent with submittal of the feasibility review
application.
A. A land use permit application shall not be accepted for processing until the
applicant has scheduled and attended a preapplication conference with the
development review committee, except in the case of minor development proposals
such as fences, small detached buildings, and individual single-family residences,
duplexes, triplexes, and quadplexes.
B. The purpose of the preapplication conference is to enable the applicant to
present the project proposal to the development review committee and to
understand the intent, standards, and provisions of the applicable development
regulations that will be required of land use permit applications.
C. The objective of the preapplication conference is to analyze and identify
potential issues and develop the proposal toward submittal of land use permit
applications to eliminate as many potential problems as possible in order for land
use permit applications to be processed without delay or undue expense.
D. At the preapplication conference, the applicant shall present to the
development review committee preliminary studies or conceptual sketches which
contain in a rough and approximate manner based on the information required in
the preapplication conference application.
E. At the preapplication conference, the development review committee shall
make available all pertinent information related to the project area.
F. The preapplication conference should take place prior to detailed work by the
applicant’s engineer or surveyor. Discussion topics at conferences would include
such things as:
1. The comprehensive plan and subarea plans;
2. The shoreline master program;
3. The regulatory requirements of the following titles:
a. TMC Title 14 Development Code Administration;
b. TMC Title 15 Buildings and Construction;
c. TMC Title 16 Environment;
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Item 7a.
d. TMC Title 17 Land Division, if applicable; and

e. TMC Title 18 Zoning;
4. Transportation requirements:
a. The transportation plan and transportation concurrency;
b. Sidewalk requirements;
c. Bike paths; and
d. Bus stops;
5. Utilities:
a. Availability of sewer and water; and
b. Need for utility extension or oversizing;
6. Phasing of off-site requirements such as sidewalks, streetlights, traffic
signals, utilities, or improvement of adjacent streets;
9. Citywide design guidelines;
12. If the applicant owns adjacent land, the possibilities of future development
shall be discussed; and
13. Application review process and timelines.
G. The development review committee will provide the applicant with written
comments on how the proposed project conforms to city policies and regulations,
which will include a list of all the materials needed to make land use permit
applications procedurally complete and the requirements for land use permit
approval.
H. The development review committee will evaluate whether a proposed project
has potential to significantly affect the character or environment of an area; and in
such cases, will encourage the development proponent to participate in additional
notification efforts including, but not limited to, a public information meeting with
members of the public potentially affected by the proposal.
I. Applications for preapplication conferences shall be scheduled for specific time
periods on the development review committee agenda each week.
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Item 7a.
J. Preapplication conferences shall be public meetings and meeting notices shall

be posted on the city’s website and sent to parties on the city’s public notice list.
K. The director may waive the requirement for a preapplication conference in
individual cases if the department and the applicant agree in writing that a
proposal is ready for land use permit application submittal.
A. Land use permit applications shall be submitted using the forms provided by
the department.
B. A land use permit application that is procedurally complete shall consist of all
materials required by the city’s development guide and other applicable
development regulations listed in the land use permit application checklist, which
are prepared pursuant to TMC 14.14.030(C), as supplemented in writing by the
development review committee pursuant to the preapplication conference process in
TMC 14.14.020.
C. The director shall approve the content of the land use permit application
checklists and may waive in writing submittal items required by TMC 14.14.030(D)
depending on the land use permit application type.
D. Each land use permit application at a minimum shall include the following
information:
1. A complete land use permit application form containing:
a. The title and location of the proposed project;
b. The names, addresses, telephone numbers, and email addresses of the
record owner or owners of the land and of the applicant, and, if applicable,
the names, addresses, telephone numbers, and email addresses of any
architect, planner, designer, engineer, or other consultants responsible for
the preparation of the land use permit application, and of any authorized
representative of the applicant; and
c. The designation of a single person or entity by the applicant to receive
land use permit application determinations and notices required by this title;
2. A verified statement by the applicant that the property affected by the land
use permit application is in the exclusive ownership of the applicant, or that the
applicant has submitted the application with the consent of all the owners of the
affected property;
3. A legal description of the site;
4. A title report or plat certificate issued by a title company which shows
property ownership, and any easements or other encumbrances shall be
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Item 7a.
submitted with the land use permit application package. Such title report or plat
certificate shall be dated no more than thirty days prior to submittal;
5. The applicable land use permit application fee;
6. Evidence of adequate water supply as required by RCW 19.27.097;
7. Evidence of sewer availability, or approval and authorization to construct a
community or individual sewer or septic system;
8. Complete plans, studies, and/or reports identified in the land use permit
application checklist and a preapplication conference;
9. A complete description of each proposed use of the land and buildings,
including the size of each use, and if a residential use, the number, size, and
number of bedrooms of each dwelling unit;
10. The written recommendations of the Thurston County health department,
the building division, transportation & engineering department, water resources
& sustainability department, parks and recreation department, and fire
department as to any portion of the land use permit application covering areas
within their respective jurisdictions;
11. All materials required by TMC Title 16 Environment shall be included in
the land use permit application, including a SEPA environmental checklist if
required; and
12. For land use actions proposing land division pursuant to TMC Title 17
Land Division, all materials required by that title shall be included in the land
13. A site plan drawing or drawings at a scale of not less than one inch for each
twenty feet which shall show:
a. General Information.
i. Project name;
ii. Street address of property;
iii. Title block containing the drawing title, scale, revision number, if
applicable, north arrow, and date;
iv. Vicinity map including streets and surrounding landmarks within
five hundred feet of the property or enough information to easily locate
the site on a large city map;
v. Legal description of the property as provided by the Thurston County
assessor’s office;
vi. Parcel numbers as provided by the Thurston County assessor’s office;
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Item 7a.
vii. Parcel map as provided by the Thurston County assessor’s office

showing all adjacent parcels;
viii. Existing zoning;
ix. Lot size;
x. Square footage of floor area in each structure;
xi. Parking spaces and parking lot dimensions;
xii. Type of construction proposed;
xiii. The proposed number of square feet in paved or covered surfaces,
whether covered by buildings, driveways, parking lots, or any other
structure covering land; and the total amount of square feet in the entire
proposed project site;
xiv. The proposed number of dwelling units and project density,
including the number of dwelling units for each existing or proposed
structure on the site and number of units per gross acre, if applicable;
xv. The proposed number of square feet in gross floor area for each
commercial, industrial, and institutional use, if applicable; and
xvi. If the project will be developed in phases, the number of phases, the
size of each phase, and the number of units or buildings for each phase;
b. Site Information.
i. Location of property lines, indicating exterior lines with bold solid
lines and interior lines with long dashed lines;
ii. If the property is to be divided pursuant to TMC Title 17 Land
Division, the boundaries of each proposed lot and tract within the
property;
iii. Survey maps which delineate topographic contour lines showing both
existing and proposed elevations, at two foot intervals, extending a
minimum of ten feet beyond the property line. The interval should be such
that the existing and proposed slopes of the property can be determined
on the drawing. Proposed contours shall show ties to existing contours and
show spot elevations as needed;
iv. All existing and proposed public and private easements;
v. The number and size of all phases in the proposed project, if
applicable;
vi. Proposed building(s), including dimensions;
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Item 7a.
vii. Front, rear, and side building setbacks with clear dimensions;
viii. Distance to adjacent structures on site, if applicable;
ix. Locations and dimensions of off-street and on-street parking,
including accessible parking, parking designated per unit if applicable, lot
striping, wheel stops and curbing, including turning radii in the
circulation pattern;
x. Locations and dimensions of existing and proposed driveways, traffic
flow, emergency vehicle access, and parking lot circulation and
maneuvering areas;
xi. Locations and dimensions of existing and proposed rights-of-way,
streets, curbs, gutters, and street centerlines, including pavement edges;
xii. Dimensions and locations of walkways, trails, sidewalks, and curb
cuts;
xiii. Sizes and locations of solid waste containers showing details of any
site screening fences or structures and screening of dumpsters;
xiv. Location of existing and proposed signs including elevation, size,
material, color, design, and method of illumination;
xv. Dimensions, types, and locations of fencing;
xvi. Locations, dimensions, and types of critical areas and buffers
pursuant to TMC Title 16 Environment;
xvii. Information required by TMC 16.08.050 addressing trees and
vegetation;
xviii. Locations, dimensions, and types of open space;
xix. Information required by the shoreline master program, if the
property the project is located on is within shoreline jurisdiction;
xx. The existing zone district of the proposed project site and any other
zone district within three hundred feet of the site; and
xxi. All special districts, including, but not limited to school or water
districts, in which the proposed project shall be located and all such
districts within three hundred feet of the proposed project;
c. Building Information.
i. Architectural elevations of existing and proposed buildings, including
height and number of stories, along with any mechanical roof-mounted
equipment; and
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Item 7a.
ii. Generalized floor plans, planned uses for each area of building
(including occupancy type, if known), finished floor elevations, and exiting
and accessibility accommodations;
d. Infrastructure Improvements.
i. Location of existing and proposed storm sewers, catch basins, utility
holes, parking lot storm drains, detention structures, etc.;
ii. Locations and dimensions of stormwater treatment, flow control, and
low impact development facilities;
iii. Location and size of existing and proposed water mains, valves,
service lines, size of water meters, sprinkler systems, fire hydrants, and
backflow devices;
iv. Location and size of existing and proposed sanitary sewer collectors,
utility holes, pumping stations, force main and side services, including
cleanouts; and
v. Location of other existing and proposed utilities, including, but not
limited to, gas, power, telephone, streetlights.
e. Landscaping.
i. The applicant shall submit a stamped landscape plan pursuant to
TMC 18.47 Landscaping that is consistent with the proposed site plan.
A. Within twenty-eight days after receiving a land use permit application or
sooner, if completed, the department shall provide a written determination to the
applicant which states either:
1. That the land use permit application is complete and that the procedural
submission requirements of this title have been met; or
2. That the land use permit application is incomplete and that the procedural
submission requirements of this title have not been met. The determination
shall outline what is necessary to make the application procedurally complete.
B. To the extent known, the department shall identify other local, state, or federal
agencies that may have jurisdiction over some aspects of the land use permit
application in the determination of completeness.
C. Definition of a Complete Application. A land use permit application is complete
for purposes of TMC 14.14.040 when it meets the procedural submission
requirements of TMC 14.14.030, as well as the submission requirements contained
in all other applicable development regulations of the city.
D. Requesting Additional Information.
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1. Additional information or studies may be required, or modifications to the

project may be undertaken after the procedural review of the land use permit
application by the city.
2. The city’s determination of completeness shall not preclude the city from
requesting additional information or studies either at the time of the
determination of completeness or later if additional information is required or
where there are substantial changes in the proposed land use action as defined
in TMC 14.10.060.
E. The determination of completeness may include or be combined with the
following actions:
1. A preliminary determination of those development regulations that will be
used for mitigation of the proposed project;
2. A preliminary determination of consistency pursuant to TMC 14.16.010;
3. Other information the city chooses to include; or
4. The notice of application pursuant to the requirements in TMC 14.16.050.
F. Incomplete Land Use Permit Application Procedure.
1. If the applicant receives a determination from the city that a land use
permit application is not complete, the applicant shall be subject to the time
period requirements specified in TMC 14.10.040(B)(2) to submit the necessary
information to the city.
2. Within fourteen days after an applicant has submitted to the city the
requested additional information, the city shall make a written determination to
the applicant as described in TMC 14.14.040(A).
3. If the applicant either refuses in writing or fails to submit the required
information or additional information within the ninety-day period, the land use
permit application shall expire as specified in TMC 14.10.040(B)(2).
4. Upon failure to cure any deficiency the department shall refund fifty percent
of the filing or land use permit application fees submitted with the incomplete
application.
G. City’s Failure to Provide Determination of Completeness. A land use permit
application shall be deemed procedurally complete under TMC 14.14.040 if the city
does not provide a written determination to the applicant that the application is
incomplete as provided in TMC 14.14.040(A)(2).
H. When the city determines that the land use permit application is complete, the
City shall note the date of the determination and the land use permit application
review time to render a decision, as identified in TMC Table 14.12.030, begins.
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Chapter 14.16
LAND USE PERMIT APPLICATION REVIEW
Sections:
A. Purpose. When the department receives a land use permit application,
consistency between the proposed project and the applicable regulations and
comprehensive plan should be determined through the process in this chapter and
the city’s environmental regulations.
B. Consistency.
1. During the land use permit application review, the department shall
determine whether the items listed in TMC 14.16.010(B)(3) are defined in the
development regulations applicable to the proposed project.
2. In the absence of applicable development regulations, the department shall
determine whether the items listed in TMC 14.16.010(B)(3) are defined in the
city’s comprehensive plan.
3. At a minimum, a determination of consistency shall include the following
information:
a. The type of land use permitted at the site, including uses that may be
allowed under certain circumstances, if the criteria for their approval have
been satisfied;
b. The level of development, such as units per acre, density of residential
development, or other measures of development intensity;
c. Availability and adequacy of infrastructure and public facilities identified
in the comprehensive plan if the plan or development regulations provide for
funding of these facilities as required by Chapter 36.70A RCW; and
d. Characteristics of the development, such as development standards and
guidelines.
C. Nothing in TMC 14.16.010 requires documentation from the city, dictates the
city’s procedures for considering consistency, or limits the city from asking more
specific or related questions with respect to any of the four main categories listed in
TMC 14.16.010(B)(3) as part of land use permit application review.
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D. During land use permit application review, the city shall not reexamine
alternatives to or hear appeals on the items identified in TMC 14.16.010(B)(3).
E. Nothing in TMC 14.16.010 limits the authority of the city to approve, condition,
or deny a land use permit as provided in its development regulations adopted under
Chapter 36.70A RCW and in its policies adopted under RCW 43.21C.060.
F. Land use permit application review shall be used to identify specific project
design and conditions relating to the character of development, such as the details
of site plans, curb cuts, drainage swales, the payment of impact fees, or other
measures to mitigate a proposal's probable adverse environmental impacts, if
applicable.
A. The city shall also review land use permit applications under the requirements
of SEPA, Chapter 43.21C RCW, the SEPA Rules, Chapter 197-11 WAC, and the
city’s environmental policy ordinance, TMC Chapter 16.04, and shall:
1. Determine whether the applicable regulations require studies that
adequately analyze all the land use permit application’s specific probable
adverse environmental impacts;
2. Determine if the applicable regulations require measures that adequately
address such environmental impacts;
3. Determine whether additional studies are required and/or whether the land
use permit application should be considered with additional mitigation
measures; and
4. Provide prompt and coordinated review by agencies and the public on
compliance with applicable environmental laws and plans, including mitigation
for specific impacts of a proposed project that have not been considered and
addressed at the plan or development regulation level.
B. In its review of a land use permit application, the city shall determine if the
requirements for environmental analysis, protection and mitigation measures in the
applicable development regulations, comprehensive plan and/or in other applicable
local, state, or federal laws provide adequate analysis of and mitigation for the
specific adverse environmental impacts of the application.
C. If the city bases or conditions its approval of the land use permit application on
compliance with the requirements or mitigation measures described in TMC
14.16.020(A), the city shall not impose additional mitigation under SEPA during
land use permit application review.
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D. The comprehensive plan, development regulations, or other applicable local,

state, or federal law provides adequate analysis of and mitigation for the specific
adverse environmental impacts of a land use permit application when:
2. The city has designated as acceptable certain levels of service, land use
designations, development standards or other land use planning required or
allowed by Chapter 36.70A RCW.
E. In its decision whether a specific adverse environmental impact has been
addressed by an existing rule or law of another agency with jurisdiction with
environmental expertise regarding a specific environmental impact, the city shall
consult orally or in writing with that agency and may expressly defer to that
agency. In making this deferral, the city shall base or condition its land use permit
approval on compliance with these other existing rules or laws.
F. Nothing in TMC 14.16.020 limits the authority of the city in its review or
mitigation of a proposed project to adopt or otherwise rely on environmental
analyses and requirements under other laws, as provided by Chapter 43.21C RCW.
G. The time limits applicable to SEPA review are found in TMC 16.04.040, TMC
16.04.070, TMC 16.04.090, and TMC 16.04.160.
A. Categorically Exempt. Actions categorically exempt under RCW
43.21C.110(1)(a) do not require environmental review or the preparation of an
environmental impact statement. An action that is categorically exempt under the
rules adopted by the State Department of Ecology (Chapter 197-11 WAC) may not
be conditioned or denied under SEPA (RCW 43.21C.031).
B. Planned Actions.
1. A planned action does not require a threshold determination or the
preparation of an environmental impact statement under SEPA but is subject to
environmental review and mitigation under SEPA.
a. Are designated planned actions by an ordinance or resolution adopted by
the city;
b. Have had the significant impacts adequately addressed in an
environmental impact statement prepared in conjunction with:
i. The comprehensive plan or a subarea plan adopted under Chapter
36.70A RCW; or
ii. A master planned development or a phased project;
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c. Are subsequent or implementing projects for the proposals listed in TMC

14.16.030(B)(2)(b);
f. Are consistent with the city’s comprehensive plan adopted under Chapter
36.70A RCW.
3. Limitation on Planned Actions.
a. The city shall limit planned actions to certain types of development or to
specific geographical areas that are less extensive than the jurisdictional
boundaries of the city; and
b. The city may limit a planned action to a time period identified in the
environmental impact statement or in the ordinance or resolution
designating the planned action under RCW 36.70A.040.
C. Limitations on SEPA Review.
1. During land use permit application review, the city shall not reexamine
alternatives to or hear appeals on the items identified in TMC 14.16.010(B)(3),
except for land use code interpretations pursuant to TMC 14.10.080.
2. Land use permit application review shall be used to identify specific project
design and conditions relating to the character of development or other measures
to mitigate a proposal’s probable adverse environmental impacts.
A. Within fourteen days of accepting a complete land use permit application, the
director shall take the following actions:
1. Transmit a copy of the land use permit application, or appropriate parts of
the application, to each affected agency and city department for review and
comment, including those responsible for determining compliance with state and
federal requirements.
a. The affected agencies and city departments shall have fourteen days to
comment.
b. The referral agencies or city departments are presumed to have no
comments if comments are not received within the specified time period.
c. The director shall grant an extension of time for comment, only if the
land use permit application involves unusual circumstances.
d. Any extension shall only be for a maximum of one week.
B. Consolidated Review and Decision.
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1. The city’s land use permit review process shall integrate and consolidate the
review and decision on two or more land use permits relating to a proposed
project in a single application review and approval process covering all land use
permits for a proposed project.
2. Land use permits in the consolidated review and decision process shall be:
a. Reviewed and approved by the decision and appeal authority specified in
TMC 14.12.020(A)(1);
b. Follow the public notice requirements specified in TMC 14.12.020(B)(1);
c. Follow the permit review timelines specified in TMC 14.12.030(A)(1)(a);
and
d. Follow the processes specified in TMC Chapter 14.16 and TMC Chapter
14.18.
3. The determination of completeness, notice of application, and notice of final
decision must include all land use permits being reviewed through the
consolidated land use permit review process.
C. Hearing Examiner Process.
1. Notice shall be provided pursuant to TMC 14.10.050.
2. Except for the appeal of a determination of significance as provided in RCW
43.21C.075, there shall be no more than one open record hearing and one appeal
for land use permits.
3. When a public hearing is required in conjunction with a land use permit, the
development review committee or director shall provide their recommendation in
sufficient time for the hearing examiner to issue a notice of final decision within
the number of days established by TMC Table 14.12.030 from the date of the
complete land use permit application.
A. Generally.
1. A notice of application shall be issued on all Type II and Type III land use
permit applications for which SEPA review is required or the hearing examiner
has decision making authority pursuant to TMC Table 14.12.020(B).
2. The notice of application shall be issued pursuant to the general notice
requirements of TMC 14.10.050.
3. The notice of application shall be issued prior to and is not a substitute for
any other required notice of a public hearing.
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B. SEPA Exempt Projects. A notice of application shall not be required for Type I
land use permit applications that are categorically exempt under SEPA.
1. The date of the land use permit application, the date of the notice of
completion for the application, and the date of the notice of application;
2. A description of the proposed project action and a list of all land use permit
applications and, if applicable, a list of any studies requested under TMC
14.14.030 or other permits;
3. The identification of other permits not included in the land use permit
application, to the extent known by the city;
4. The identification of existing environmental documents that evaluate the
proposed project and, if not otherwise stated in the document providing notice of
application, the location where the land use permit application and any studies
can be reviewed;
5. A statement of the limits of the public comment period, which shall not be
less than fourteen nor more than thirty days following the date of notice of
application, and a statement of the right of any person to comment on the land
use permit application, receive notice of and participate in any hearings, request
a copy of the decision once made, and any appeal rights;
6. The date, time, place, and type of hearing, if applicable and scheduled at the
date of notice of application;
7. A statement of the preliminary determination of consistency, if one has been
made at the time of notice, and of those development regulations that will be
used for project mitigation and of consistency as provided in TMC 14.16.010; and
8. Any other information determined appropriate by the department, such as
the city’s threshold determination, if complete at the time of issuance of the
notice of application.
1. Within fourteen days after the city has issued a determination of
completeness of a land use permit application pursuant to TMC 14.14.040, the
city shall issue a notice of application.
2. If an open record predecision hearing is required for the requested land use
permit(s), the notice of application shall be provided at least fifteen days prior to
the open record hearing.
E. Public Comment on the Notice of Application.
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1. All public comments received on the notice of application must be received

by the department by 5:00 p.m. on the last day of the comment period.
2. Comments may be mailed, personally delivered, or sent via email.
Comments should be as specific as possible.
determination or issue a decision or recommendation on a land use permit until the
expiration of the public comment period on the notice of application.
Chapter 14.18
LAND USE PERMIT APPLICATION DECISIONS AND APPEALS
Sections:
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.
B. Written notice for all final decisions shall be sent to the applicant and all
parties of record.
C. 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.
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Item 7a.
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.
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.
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
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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 TMC 14.18.030(A) the city shall keep a record of the
appeal proceedings, which shall consist of the following information:
a. Findings and conclusions;
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.
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.
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
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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.
Title 14
DEVELOPMENT CODE ADMINISTRATION
Chapters:
14.02 PROJECT PERMIT PROCESSING/APPLICATIONS
14.04 PROJECT CONSISTENCY/TIME LIMITS
14.06 PUBLIC NOTICE REQUIREMENTS
14.08 APPROVAL, REVIEW AND APPEAL AUTHORITY
Chapter 14.02
PROJECT PERMIT PROCESSING/APPLICATIONS
Sections:
14.02.010 Intent/applicability.
14.02.030 Development review committee established.
14.02.040 Application.
14.02.050 Exempt actions.
14.02.070 Preapplication conferences – When required.
14.02.080 Project permit application.
14.02.090 Submission and acceptance of application.
14.02.100 Optional consolidated permit processing.
14.02.010 Intent/applicability.
The purpose of this title is to combine and consolidate the application, review, and
approval processes for land development in the city of Tumwater in a manner that
is clear, concise, and understandable. It is further intended to comply with state
guidelines for combining and expediting development review and integrating
environmental review and land use development plans. Final decision on
development proposals shall be made within one hundred twenty days of the date of
the determination of completeness except as provided in TMC 14.02.050. The
provisions apply to all land use permits under TMC Titles 15, 16, 17 and 18, and to
the related regulation implementing these provisions or any other ordinance or law.
Unless another department is the primary agency in a permit process, the
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department of community development shall administer the provisions hereof and

may adopt such rules as will assist in administering these provisions.
Notwithstanding the city’s authority to issue development permits within a one-
hundred-twenty-day period, staff should strive to process such permits as soon as
possible. Provided, however, permit processing should not be conducted so as to
adversely affect the public’s right to provide appropriate input to the process and
exercise appeal rights.
B. “Closed record appeal” means an administrative appeal on the record following
an open record hearing on a project permit application when the appeal is on the
record with no or limited new evidence or information allowed to be submitted and
only appeal argument allowed.
D. “Department” means the department of community development.
E. “Determination of completeness” means a written determination by the director
or his/her designee that all required elements of an application have been received
by the city. This determination initiates the statutory review period for the
application, if any, and subject to certain exceptions, entitles the applicant to have
the application considered and reviewed pursuant to the laws, regulations and
standards in effect on the date the application was complete.
F. “Development guide” means the Tumwater community development guide or
Tumwater development guide as adopted by Ordinance No. O95-023 or as
subsequently amended.
G. “Development review committee (DRC)” means a group of staff members of the
community development department (usually three) assigned by the director to
conduct preapplication conferences and review and/or approve development permit
applications.
H. “Director” means the director of the department of community development of
the city of Tumwater unless another department or agency is in charge of the
project in which case it refers to the chief administrative officer of that department
or agency.
I. “Feasibility review” means an optional preapplication meeting between a
prospective applicant or development proponent and the DRC to provide limited
information on applicable development and site requirements as a precursor to a
“preapplication conference.”
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J. “Formal review” means the second and final stage of preapplication conference
to provide feedback and additional guidance to applicants on how effectively they
have incorporated information received during the preliminary review into their
development proposal. The formal review is an evaluation of a development
proposal to determine suitability for submittal of the project permit application.
K. “Open record hearing” means a hearing, conducted by a single hearing body or
officer, that creates the record through testimony and submission of evidence and
information. An open record hearing may be held prior to a decision on a project
permit to be known as an “open record predecision hearing.” An open record hearing
may be held on an appeal, to be known as an “open record appeal hearing,” if no
open record predecision hearing was held on the project permit.
L. “Planned action” means one or more types of project actions that are designated
planned actions by city ordinance or resolution as more particularly outlined in
TMC 14.04.030(B)(2).
M. “Preapplication conference” means one or more of the two stages of meetings
between an applicant and DRC usually held after a “feasibility review,” but prior to
submission of a project permit application. The two stages, “preliminary review”
and “formal review,” are progressions toward development of the project permit
application designated to evaluate developing application submittal documents, to
answer questions and provide procedural information to prospective applicants, and
to guide applicants with preparation of a permit application submittal.
N. “Preliminary review” means the first stage of a preapplication conference to
analyze an applicant’s initial development proposal, usually based on information
received from a feasibility review. The preliminary review is the initial review of
development proposal documents to identify potential problems and develop the
preliminary proposal toward submittal of the project permit application.
O. “Project permit” means any land use or environmental permit or license
required from the city for a project action, including but not limited to subdivisions,
planned unit developments, conditional uses, shoreline substantial development
permits, permits or approvals required by critical area ordinances, site-specific
rezones authorized by a comprehensive plan or subarea plan, but excluding the
adoption or amendment of a comprehensive plan, subarea plan, or development
regulations except as otherwise specifically included in this subsection. Project
action also includes any proposal for development of any new commercial/industrial
or multifamily (three units or more) structure or addition or modification to a
commercial/industrial or multifamily structure or change in occupancy of such an
existing structure that changes utility requirements, parking requirements or
necessitates additional site improvements.
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14.02.030 Development review committee established.

There is hereby established within the department of community development a
development review committee composed of appropriate staff representatives of the
department as designated by the director. The primary purpose of said committee is
to make such decisions as are delegated to it by ordinance and administrative
directive, conduct preapplication conferences and make post application
determinations in conjunction with the issuance of project permits as well as staff
recommendations where the hearing examiner is charged with approval authority.
(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-004, Amended, 04/16/1996)
14.02.040 Application.
By the adoption of this title, the city has consolidated development application and
review procedures in order to integrate the development permit and environmental
review process, while avoiding duplication of the review processes.
(Ord. O96-004, Added, 04/16/1996)
14.02.050 Exempt actions.
A. The following actions are exempt from the project permit application process:
1. Zoning code text amendments;
2. Adoption of development regulations and amendments;
3. Area-wide rezones to implement new city policies;
4. Adoption of the comprehensive plan and any plan amendments;
5. Annexations;
6. Certificates of appropriateness;
7. Landmark designations;
8. Street vacations;
9. Street use permits.
B. Pursuant to RCW 36.70B.140(2), building permits, boundary line adjustments,
and other construction permits, or similar administrative approvals which are
categorically exempt from environmental review under SEPA (Chapter 43.21C
RCW), or permits/approvals for which environmental review has been completed in
connection with other project permits are exempt from the following procedures:
1. Determination of completeness;
2. Notice of application, except as provided in TMC 14.06.010(B);
3. Except as provided in RCW 36.70B.140, optional consolidated project permit
review processing;
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Item 7a.
4. Joint public hearings;

5. Single report stating all the decisions and recommendations made as of the
date of the report that do not require an open record hearing;
6. Notice of decision;
7. Completion of project review within any applicable time periods (including
the one-hundred-twenty-day permit processing time).
At the option of the development proponent, the department will provide limited
information through a feasibility review as a precursor to a formal preapplication
conference. For such review, the development proponent need not have available all
the information required on the DRC application. It should be recognized that the
information supplied will be verbal only and limited by the detail of the information
provided by the development proponent. Applications for feasibility review shall be
scheduled for specific time periods on the agenda prepared for DRC meetings each
week. Feasibility reviews shall be open meetings, unless requested otherwise in
writing by the development proponent with submittal of the feasibility review
application.
(Ord. O96-004, Added, 04/16/1996)
14.02.070 Preapplication conferences – When required.
A. Application for all project permits with the exception of minor development
proposals such as fences, small detached buildings, individual single-family
residences and duplexes shall not be accepted for processing until the applicant has
scheduled and attended a preapplication conference, as follows:
1. Preapplication conferences shall consist of two stages: (a) preliminary
review, and (b) formal review. Preliminary review is an analysis of an initial
development proposal by an applicant based on information received from a
feasibility review. The preliminary review is the initial review of development
proposal documents to identify potential problems and develop the preliminary
proposal toward submittal of the project permit application. Formal review is the
final preapplication evaluation of a development proposal to determine
suitability for submittal of the project permit application.
2. Applications for preliminary and formal reviews shall be scheduled for
specific time periods on the DRC agenda each week. Preliminary and formal
reviews shall be scheduled open meetings.
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3. A DRC agenda shall be prepared and posted by the department on public

bulletin boards at Tumwater City Hall, Tumwater Timberland Library, and in
any additional public location the director may deem appropriate.
4. The director may waive the requirement for either or both stages of
preapplication conference in individual cases where the department and the
development proponent agree a proposal is ready for application submittal.
B. At such meeting, the development proponents or their representative shall
present to the DRC preliminary studies or conceptual sketches which contain in a
rough and approximate manner all of the information required on the DRC
application. The purpose of the preapplication review is to enable the developer
presenting the plan to obtain the advice of the DRC as to the intent, standards and
provisions of the applicable development regulations.
C. The DRC shall make available all pertinent information as may be on file
relating to the general area. It is the purpose of this conference to eliminate as
many potential problems as possible in order for the preliminary development plan
to be processed without delay or undue expense. The conference should take place
prior to detailed work by an engineer or surveyor. Discussion topics at this time
would include such things as:
1. The comprehensive plan;
2. The transportation plan and transportation concurrency;
3. The shoreline master plan;
4. Zoning ordinance;
5. Availability of sewer and water, or need for utility oversizing;
9. Sidewalk requirements;
10. Bike paths;
11. Bus stops;
12. Phasing of off-site requirements such as sidewalks, street lights, traffic
signals, utilities or improvement of adjacent streets;
13. The regulatory requirements of TMC Title 16, Environment;
14. Design concepts (architectural goals and themes);
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16. If the applicant owns adjacent land, the possibilities of future development
shall be discussed;
17. Process and timelines.
D. The DRC will also furnish to the developer comments on how the proposed
development conforms to city policies and regulations, and the committee’s
requirements for development approval.
E. Prior to formal review, the department shall evaluate whether a project has
potential to significantly affect the character or environment of an area; and in such
cases, will encourage the development proponent to participate in additional
notification efforts including, but not limited to, a public information meeting with
members of the public potentially affected by the proposal.
(Ord. O96-004, Added, 04/16/1996)
14.02.080 Project permit application.
Applications for project permits shall be submitted upon forms provided by the
department. An application shall consist of all materials required by the city’s
development guide and other applicable development regulations, and shall include
the following general information:
A. A completed project permit application form and site plan checklist;
B. A verified statement by the applicant that the property affected by the
application is in the exclusive ownership of the applicant, or that the applicant has
submitted the application with the consent of all the owners of the affected
property;
C. A property and/or legal description of the site for all applications, as required
by the applicable development regulations;
D. The applicable fee;
E. Evidence of adequate water supply as required by RCW 19.27.097;
F. Evidence of sewer availability, or approval and authorization to construct a
community or individual sewer or septic system.
(Ord. O96-004, Added, 04/16/1996)
14.02.090 Submission and acceptance of application.
A. Determination of Completeness. Within twenty-eight days after receiving a
project permit application or sooner, if completed, the department shall mail or
personally provide a written determination to the applicant which states either: (1)
that the application is complete; or (2) that the application is incomplete and what
is necessary to make the application complete. (RCW 36.70B.070.)
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Item 7a.
B. Identification of Other Agencies with Jurisdiction. To the extent known by the

city, other agencies with jurisdiction over the project permit application shall be
identified in the city’s determination required by subsection A of this section. (RCW
36.70B.070.)
C. “Complete” Application/Additional Information. A project permit application is
complete for purposes of this section when it meets the requirements of TMC
14.02.080, as well as the submission requirements contained in all other applicable
development regulations of the city. This determination of completeness shall be
made when the application is sufficient for continued processing even though
additional information may be required or project modifications may be undertaken
subsequently. The city’s determination of completeness shall not preclude the city
from requesting additional information or studies either at the time of the notice of
completeness or at some later time, if new information is required or where there
are substantial changes in the proposed action. (RCW 36.70B.090(1).)
D. Incomplete Application Procedure.
1. If the applicant receives a determination from the city that an application is
not complete, the applicant shall have ninety days to submit the necessary
information to the city. Within fourteen days after an applicant has submitted
the requested additional information or sooner if completed, the city shall make
the determination as described in subsection A of this section, and notify the
applicant in the same manner.
2. If the applicant either refuses or fails to submit the required information or
additional information or does not submit such information within the ninety-
day period, the application shall lapse. Upon failure to cure any deficiency the
department shall refund fifty percent of the filing or application fees submitted
with the incomplete application.
E. City’s Failure to Provide Determination of Completeness. A project permit
application shall be deemed complete under this section if the city does not provide
a written determination to the applicant that the application is incomplete as
provided in subsection A of this section. (RCW 36.70B.070(4)(a).)
F. Date of Acceptance of Application. When the project permit application is
complete, the director shall accept it, and note the date of acceptance.
(Ord. O96-004, Added, 04/16/1996)
14.02.100 Optional consolidated permit processing.
An applicant may submit complete construction permit applications (building
and/or engineering) simultaneously with or during the period of review of a required
land use approval application. When an applicant elects to submit a land use
approval application together with construction applications, such applications
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Item 7a.
shall be reviewed and processed as one application and subject to all notices, review
and appeals as if one consolidated and integrated application. (RCW 36.70B.060(3),
36.70B.120.)
(Ord. O96-004, Added, 04/16/1996)
Chapter 14.04
PROJECT CONSISTENCY/TIME LIMITS
Sections:
14.04.010 Determination of consistency.
14.04.020 Initial SEPA analysis.
14.04.040 Determining time limits.
14.04.010 Determination of consistency.
A. Purpose. When the city receives a project permit application, consistency
between the proposed project and the applicable regulations and comprehensive
plan should be determined through the process in this chapter and the city’s
environmental policy ordinance.
B. Consistency. During project permit application review, the city shall determine
whether the items listed in this subsection are defined in the development
regulations applicable to the proposed project. In the absence of applicable
development regulations, the city shall determine whether the items listed in this
subsection are defined in the city’s adopted comprehensive plan. This determination
of consistency shall include the following:
1. The type of land use permitted at the site, including uses that may be
allowed under certain circumstances, if the criteria for their approval have been
satisfied; and
2. The level of development, such as units per acre, density of residential
development in urban growth areas, or other measures of density; and
3. Availability and adequacy of infrastructure and public facilities identified in
the comprehensive plan, if the plan or development regulations provide for
funding of these facilities as required by Chapter 36.70A RCW; and
4. Character of the development, such as development standards. (RCW
36.70B.030, 36.70B.040.)
(Ord. O96-004, Added, 04/16/1996)
14.04.020 Initial SEPA analysis.
A. The city shall also review the project permit application under the
requirements of the State Environmental Policy Act (SEPA), Chapter 43.21C RCW,
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Item 7a.
the SEPA Rules, Chapter 197-11 WAC, and the city’s environmental policy
ordinance, TMC Chapter 16.04, and shall:
1. Determine whether the applicable regulations require studies that
adequately analyze all of the project permit application’s specific probable
adverse environmental impacts;
2. Determine if the applicable regulations require measures that adequately
address such environmental impacts;
3. Determine whether additional studies are required and/or whether the
project permit application should be considered with additional mitigation
measures;
4. Provide prompt and coordinated review by government agencies and the
public on compliance with applicable environmental laws and plans, including
mitigation for specific project impacts that have not been considered and
addressed at the plan or development regulation level.
B. In its review of a project permit application, the city may determine that the
requirements for environmental analysis, protection and mitigation measures in the
applicable development regulations, comprehensive plan and/or in other applicable
local, state or federal laws provide adequate analysis of and mitigation for the
specific adverse environmental impacts of the application.
C. If the city bases or conditions its approval of the project permit application on
compliance with the requirements or mitigation measures described in subsection A
of this section, the city shall not impose additional mitigation under SEPA during
project review.
D. A comprehensive plan, development regulation or other applicable local, state
or federal law provides adequate analysis of and mitigation for the specific adverse
environmental impacts of an application when:
2. The city has designated as acceptable certain levels of service, land use
designations, development standards or other land use planning required or
allowed by Chapter 36.70A RCW.
E. In its decision whether a specific adverse environmental impact has been
addressed by an existing rule or law of another agency with jurisdiction with
environmental expertise with regard to a specific environmental impact, the city
shall consult orally or in writing with that agency and may expressly defer to that
agency. In making this deferral, the city shall base or condition its project approval
on compliance with these other existing rules or laws.
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Item 7a.
F. Nothing in this section limits the authority of the city in its review or
mitigation of a project to adopt or otherwise rely on environmental analyses and
requirements under other laws, as provided by Chapter 43.21C RCW.
(Ord. O96-004, Added, 04/16/1996)
A. Categorically Exempt. Actions categorically exempt under RCW
43.21C.110(1)(a) do not require environmental review or the preparation of an
environmental impact statement. An action that is categorically exempt under the
rules adopted by the Department of Ecology (Chapter 197-11 WAC) may not be
conditioned or denied under SEPA. (RCW 43.21C.031.)
B. Planned Actions.
1. A planned action does not require a threshold determination or the
preparation of an environmental impact statement under SEPA, but is subject to
environmental review and mitigation under SEPA.
a. Are designated planned actions by an ordinance or resolution adopted by
the city;
b. Have had the significant impacts adequately addressed in an
environmental impact statement prepared in conjunction with:
i. A comprehensive plan or subarea plan adopted under Chapter 36.70A
RCW; or
ii. A fully contained community, a master planned resort, a master
planned development or a phased project;
c. Are subsequent or implementing projects for the proposals listed in
subsection (B)(2)(b) of this section;
f. Are consistent with the city’s comprehensive plan adopted under Chapter
36.70A RCW. (RCW 43.21C.031.)
C. Limitation on Planned Actions. The city shall limit planned actions to certain
types of development or to specific geographical areas that are less extensive than
the jurisdictional boundaries of the city, and may limit a planned action to a time
period identified in the environmental impact statement or in the ordinance or
resolution designating the planned action under RCW 36.70A.040. (RCW
43.21C.031.)
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Item 7a.
D. Limitations on SEPA Review. During project review, the city shall not
reexamine alternatives to or hear appeals on the items identified in TMC
14.04.010(B), except for issues of code interpretation. Project review shall be used to
identify specific project design and conditions relating to the character of
development, such as the details of site plans, curb cuts, drainage swales, the
payment of impact fees, or other measures to mitigate a proposal’s probable adverse
environmental impacts. (RCW 36.70B.030(3).)
(Ord. O96-004, Added, 04/16/1996)
14.04.040 Determining time limits.
A. Except as otherwise provided in subsection B of this section and TMC
14.02.050, the director shall issue his/her notice of final decision on a project permit
application within one hundred twenty days, or sooner if possible, after notifying
the applicant that the application is complete, as provided in TMC 14.02.090(A). In
determining the number of days that have elapsed after the director has established
that the application is complete, the following periods shall be excluded:
1. Any period during which the applicant has been requested to correct plans,
perform required studies, or provide additional required information. The period
shall be calculated from the date the director notifies the applicant of the need
for additional information until the earlier of the date the director determines
whether the additional information satisfies the request for information or
fourteen days after the date the information has been provided. A project permit
application shall expire if an applicant does not respond to a request for
additional information within 180 calendar days;
2. If the director determines that the information submitted by the applicant
under subsection (A)(1) of this section is insufficient, he/she shall notify the
applicant of the deficiencies and the procedures under subsection (A)(1) of this
section shall apply as if a new request for studies had been made;
3. Any period during which an environmental impact statement is being
prepared following a determination of significance pursuant to Chapter 43.21C
RCW;
4. Any period for administrative appeals of project permits, if an open record
appeal hearing or a closed record appeal, or both, are allowed. The time period
for considering and deciding shall not exceed: (a) ninety days for an open record
appeal hearing; and (b) sixty days for a closed record appeal. The parties to an
appeal may agree to extend these time periods; and
5. Any extension of time mutually agreed upon by the applicant and the
director.
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Item 7a.
B. The time limits established by subsection A of this section do not apply if a

project permit application:
1. Requires an amendment to the comprehensive plan or a development
regulation;
2. Requires approval of a new fully contained community as provided in RCW
36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the
siting of an essential public facility as provided in RCW 36.70A.200; or
3. Is substantially revised by the applicant, in which case the time period shall
start from the date at which the revised project application is determined to be
complete. An application is substantially revised if proposed changes would have
affected decisions in the approval process.
C. If the director is unable to issue its final decision within the time limits
provided for in this section, he/she 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.
Chapter 14.06
PUBLIC NOTICE REQUIREMENTS
Sections:
14.06.020 Referral and review of project permit application.
14.06.030 Notice of application/distribution.
14.06.040 Administrative approvals.
14.06.050 Appeal of SEPA related issues/administrative matters.
14.06.060 Reconsideration in response to SEPA comments.
14.06.070 Notice of open record hearing.
14.06.080 Notice of appeal hearings.
A. Generally. A notice of application shall be issued on all project permit
applications for which the hearing examiner has decision making authority, or
SEPA is required.
B. SEPA Exempt Projects. A notice of application shall not be required for project
permits that are categorically exempt under SEPA and fall below the thresholds
established in WAC 197-11-800(1)(b)(i) through (v), unless a public comment period
or an open record predecision hearing is required.
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Item 7a.

1. The date of application, the date of the notice of completion for the
application and the date of the notice of application;
2. A description of the proposed project action and a list of the project permits
included in the application and, if applicable, a list of any studies requested
under RCW 36.70B.070;
3. The identification of other permits not included in the application, to the
extent known by the city;
4. The identification of existing environmental documents that evaluate the
proposed project and, if not otherwise stated on the document providing notice of
application, the location where the application and any studies can be reviewed;
5. A statement of the limits of the public comment period, which shall not be
less than fourteen nor more than thirty days following the date of notice of
application, and a statement of the right of any person to comment on the
application, receive notice of and participate in any hearings, request a copy of
the decision once made, and any appeal rights;
6. The date, time, place and type of hearing, if applicable and scheduled at the
date of notice of the application;
7. A statement of the preliminary determination of consistency, if one has been
made at the time of notice, and of those development regulations that will be
used for project mitigation and of consistency as provided in TMC 14.04.010.
8. Any other information determined appropriate by the department, such as
the city’s threshold determination, if complete at the time of issuance of the
notice of application. (RCW 36.70B.110.)
1. Within fourteen days after the city has made a determination of
completeness of a project permit application, the city shall issue a notice of
application.
2. If any open record predecision hearing is required for the requested project
permit(s), the notice of application shall be provided at least fifteen days prior to
the open record hearing. (RCW 36.70B.110.)
E. Public Comment on the Notice of Application. All public comments received on
the notice of application must be received by the department of community
development by 5:00 p.m. on the last day of the comment period. Comments may be
mailed, personally delivered or sent by facsimile. Comments should be as specific as
possible.
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Item 7a.
determination or issue a decision or recommendation on a project permit until the
expiration of the public comment period on the notice of application. (RCW
36.70B.110.)
Ord. O96-004, Added, 04/16/1996)
14.06.020 Referral and review of project permit application.
As soon as possible, but in any event within ten days of accepting a complete
application, the director shall do the following:
A. Transmit a copy of the application, or appropriate parts of the application, to
each affected agency and city department for review and comment, including those
responsible for determining compliance with state and federal requirements. The
affected agencies and city departments shall have fifteen days to comment. The
referral agencies or city departments are presumed to have no comments if
comments are not received within the specified time period. The director shall grant
an extension of time for comment only if the application involves unusual
circumstances. Any extension shall only be for a maximum of three additional days.
(RCW 36.70B.070.)
B. If hearing examiner approval is required, notice and hearing shall be provided
as set forth in TMC Chapter 2.58.
(Ord. O96-004, Added, 04/16/1996)
14.06.030 Notice of application/distribution.
A. The notice of application shall be posted on the subject property by the
applicant in accordance with specifications provided by the community development
department, published once in a newspaper of general circulation in the city, and
mailed to all record owners of property within three hundred feet of the boundaries
of the subject property. The director may extend notice beyond three hundred feet in
cases where the area notified does not provide adequate notice to neighbors affected
by the proposed project action.
B. The notice of application shall be issued prior to and is not a substitute for any
other required notice of a public hearing.
C. A notice of application is not required for the following actions, except as
provided in TMC 14.06.010(B), when they are categorically exempt from SEPA or
environmental review has been completed:
1. Application for building permits.
2. Application for boundary line adjustments.
3. Application for administrative approvals.
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Item 7a.

14.06.040 Administrative approvals.
Administrative decisions regarding the approval or denial of the following
applications or determinations/interpretations may be appealed to the hearing
examiner within fourteen days of the final staff decision using procedures outlined
below and in TMC Chapter 2.58, Hearing Examiner (refer to TMC 14.08.030 for
other appeal authorities):
A. All administrative interpretations/determinations.
B. Boundary line adjustments.
C. Building permits.
D. Home occupation permits.
E. Preliminary short plats.
F. Preliminary SEPA threshold determination (EIS required).
G. Shoreline exemptions and staff-level substantial development permits.
H. Sign permits.
I. Final plats.
J. Variances, administrative.
14.06.050 Appeal of SEPA related issues/administrative matters.
A. The city establishes the following administrative appeal procedures under
RCW 43.21C.075 and WAC 197-11-680:
1. Any agency or person may appeal 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.
a. Determination of Significance. Appeal of a determination of significance
(DS) or a claim of error for failure to issue a DS 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
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Item 7a.
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 project 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 this subsection the city shall keep a record of the
appeal proceedings, which shall consist of the following:
a. Findings and conclusions; and
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
permit or approval for which a statute or ordinance establishes a time limit for
commencing judicial appeal.
(Ord. O96-004, Added, 04/16/1996)
14.06.060 Reconsideration in response to SEPA comments.
Any interested person may submit written comments and request reconsideration
by the development review committee within fifteen days of the date any final
recommendation or decision attached to a SEPA threshold determination is issued.
Unless further action is taken by the development review committee in response to
such comments, the period in which to file an appeal shall terminate twenty-one
days after the date such final recommendation or decision is issued. SEPA exempt
actions of the committee shall not be subject to reconsideration and shall be subject
to only a fourteen-day appeal period.
(Ord. O96-004, Added, 04/16/1996)
14.06.070 Notice of open record hearing.
Notice of a public hearing for all development applications and all open record
appeals shall be given as follows:
215
Item 7a.
A. Time and Form of Notices. Except as otherwise required, public notification of

meetings, hearings, and pending actions under TMC Titles 14 through 18 shall be
made at least ten days before the date of the public meeting, hearing, or pending
action by:
1. Publication in the official newspaper if one has been designated or a
newspaper of general circulation in the city;
2. Mailing to all owners of property as listed on the records of the Thurston
County assessor within three hundred feet of the boundaries of property which is
the subject of the meeting, hearing, or pending action. The director may extend
notification beyond three hundred feet in cases where the area notified does not
provide adequate notice to neighbors affected by the pending action. Addressed,
prestamped envelopes shall be provided by the applicant;
3. Posting on the city’s website;
4. Posting at least one notice on the subject property by the applicant in
accordance with specifications provided by the community development
department; and
5. Whenever practical, the director may utilize additional forms of notice
including, but not limited to, presentation on one or more radio or television
bulletin boards or similar media commonly used for public notices or
announcements.
1. The address and location, and/or a vicinity map or sketch of the property
which is the subject of the public hearing; and
2. The date, time, location, and purpose of the public hearing; and
3. A general description of the proposed project or action to be taken; and
4. A place where further information about the hearing may be obtained.
Furthermore, the public notice shall be written in a form and use words easily
understood by the general public. Any technical terms or complex legal phrases
should either be avoided or restated in commonly understood language.
C. 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 this section is
required.
Ord. O2015-010, Amended, 10/20/2015; Ord. O96-004, Added, 04/16/1996)
14.06.080 Notice of appeal hearings.
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Item 7a.
In addition to the posting and publication requirements of TMC 14.06.070(A), notice

of appeal hearings shall be as follows:
A. For administrative approvals, notice shall be mailed to adjacent property
owners.
B. For planning commission recommendations, mailing to parties of record from
the commission hearing.
(Ord. O96-004, Added, 04/16/1996)
A written notice for all final decisions shall be sent to the applicant and all parties
of record.
(Ord. O96-004, Added, 04/16/1996)
Chapter 14.08
APPROVAL, REVIEW AND APPEAL AUTHORITY
Sections:
14.08.010 Approval and appeal authorities.
14.08.020 Consolidation of appeals – Completion of process.
14.08.030 Review and appeal authority.
14.08.040 Conflicts.
14.08.010 Approval and appeal authorities.
The project review process for an application or a permit may include review and
approval by one or more of the following processes:
A. Department Staff. Individual staff as assigned by the director shall have the
authority to review and approve, deny, modify, or conditionally approve, among
others, accessory buildings, accessory dwelling units, boundary line adjustments,
building permits and other construction permits exempt from the State
Environmental Policy Act, environmental determinations, home occupation permits,
design review (including reviews of undersized lots of record), short plats, sign
permits, certificates of occupancy, temporary use permits, time extensions, tree
plans, and shoreline exemptions, and to provide interpretations of codes and
regulations applicable to such projects.
B. Development Review Committee (DRC). Pursuant to TMC Chapter 14.02, the
development review committee shall have authority to conduct feasibility review
and hold preapplication conferences and to grant, conditionally grant, deny, or
modify, land use approvals regarding projects for which an open record
predetermination hearing is not required.
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Item 7a.
C. Hearing Examiner. The Tumwater hearing examiner shall have the authority
vested pursuant to TMC 2.58.090, including approval authority for site specific
rezones, plats, variances, conditional use permits and appeal of all staff decisions
including SEPA and permits issued under the shoreline master program.
(Ord. O96-004, Added, 04/16/1996)
14.08.020 Consolidation of appeals – Completion of process.
A. Any development which includes a request for one or more variances shall be
considered by the hearing examiner concurrently with the plat or plan to which it
applies.
B. When a public hearing is required in conjunction with a project permit, the
recommending authority shall issue its recommendation in sufficient time for the
hearing examiner to issue a notice of final decision within one hundred twenty days
of the date of the complete application.
(Ord. O96-004, Added, 04/16/1996)
14.08.030 Review and appeal authority.
Table 14.08.030 describes development permits and the final decision and appeal
authorities. When separate applications are consolidated at the applicant’s request,
the final decision shall be rendered by the highest authority designated for any part
of the consolidated application. Hearing examiner decisions may be appealed to
superior court except comprehensive plan decisions which may be appealed to the
State Growth Management Hearings Board and final shoreline permit actions
which may be appealed to the shoreline hearings board.
O2010-017, Amended, 12/21/2010; Ord. O2005-024, Amended, 09/06/2005; Ord.
O96-024, Amended, 09/17/1996; Ord. O96-004, Added, 04/16/1999)
14.08.040 Conflicts.
In the event of conflicts between the procedural requirements of this title and other
development regulations of the city, the provisions of this title shall control.
Table 14.08.030
Key: R
= Recommendation to Higher Review Authority; D = Decision;
A
= Appeal Decision; C = Closed Record Appeal Hearing;
OP
218
Item 7a.
= Open Record Predetermination Hearing

COMMUNITY
DEVELOPMENT
HISTORIC DEVELOPMENT HEARING PLANNING CITY
REVIEW
COMMISSION DEPARTMENT EXAMINER COMMISSION COUNCIL
COMMITTEE
STAFF
ZONING
CONDITIONAL USE R D(OP)

PERMITS
VARIANCE R D(OP)
SITE-SPECIFIC R(OP) D(OP)

REZONES
REQUIRED AS A
RESULT OF A
COMPREHENSIVE
PLAN CHANGE
SITE-SPECIFIC R D(OP)
REZONES NOT
REQUIRING A
COMPREHENSIVE
PLAN
AMENDMENT
ZONING TEXT R(OP) D(OP)
AMENDMENT (DEV.
REG. CHANGES)
AREA WIDE MAP R(OP) D(OP)
AMENDMENT
HOME D A(OP)
OCCUPATION
CERTIFICATE OF D R A(C)
APPROPRIATENESS
COMPREHENSIVE PLAN
COMPREHENSIVE R(OP) D(OP)

PLAN TEXT
AMENDMENT
COMPREHENSIVE R(OP) D(OP)
PLAN MAP
AMENDMENT
LAND DIVISION
REPLAT R D(OP)
PLAT VACATION R D(OP)
BLA D A(OP)
LOT D A(OP)
CONSOLIDATION
PRELIMINARY R D(OP)
PLAT
SHORT PLAT D A(OP)
219
Item 7a.
COMMUNITY
DEVELOPMENT
REVIEW
COMMITTEE
STAFF
FINAL PLAT D A(OP)
PUD R D(OP)
BINDING SITE D A(OP)

PLAN
BINDING SITE R D(OP)
PLAN – PHASED
PLAT TIME D A(OP)
EXTENSION
PLAT ALTERATION R D(OP)
W/ HEARING
PLAT ALTERATION D A(OP)
W/O HEARING
ENVIRONMENTAL
WETLAND PERMIT D A(OP)
TREE PLANS D A(OP)
SEPA DET. D A(OP)
SHORELINES
SUB. DEV. PERMIT R D(OP)
CONDITIONAL USE R D(OP) (1)

PERMIT
VARIANCE R D(OP) (1)
EXEMPT D A(OP)
OTHER
DEV. CODE D A(OP)

INTERPRETATIONS
BUILDING PERMIT D A(OP)
PER IBC
ADMINISTRATIVE D A(OP)
ORDERS
CIVIL PENALTIES D A(OP)
REASONABLE USE R D(OP)

EXCEPTIONS
BUILDING MOVING D A(OP)
PERMIT
GRADING PERMIT D A(OP)
PER IBC
IMPACT FEE D A(OP)
DETERMINATIONS
220
Item 7a.
COMMUNITY
DEVELOPMENT
REVIEW
COMMITTEE
STAFF
CONCURRENCY D A(OP)
DETERMINATIONS
Table 14.08.030 Explanatory Notes:

1. Decisions on shoreline conditional use permits are issued by the city and the
local decision can be appealed. The city’s decision is sent to the Washington State
Department of Ecology for further review and approval or disapproval. After the
city appeal process and Ecology’s review processes are complete, appeals may be
made to the Shorelines Hearings Board within twenty-one days of the “date of
filing” as defined in RCW 90.58.140(6).
Section 6. A new TMC 15.01.045 is hereby added to the Tumwater
Municipal Code to read as follows:
15.01.045 Timeline provisions.

As authorized by RCW 36.70B.140, permits issued under this title are exempt from
the timeline provisions of RCW 36.70B.060 through RCW 36.70B.090 and
36.70B.110 through 36.70B.130.
Section 7. A new TMC 15.01.105 is hereby added to the Tumwater
15.01.105 Certificate of occupancy.

A. A building or structure shall not be used or occupied in whole or in part, and a
change of occupancy of a building or structure or portion thereof shall not be made,
until the building official has issued a certificate of occupancy that reflects the
conclusion of the work allowed by the permit.
B. Issuance of a certificate of occupancy shall not be construed as an approval of a
violation of the provisions of this code or of other ordinances of the city. Certificates
presumed to give authority to violate or cancel the provisions of this code or other
ordinances of the city shall not be valid.
C. The city shall not issue business and occupational licenses unless the applicant
has a valid certificate of occupancy.
15.44.030 Definition.
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Item 7a.
A. For the purpose of this code, a “valid and fully complete building permit
application” means the following information has been provided for any
construction project:
1. The legal description, or the tax parcel number assigned pursuant to RCW
84.40.160, and the street address if available, and may include any other
identification of the construction site by the prime contractor.
2. The property owner’s name, address and phone number.
3. The prime contractor’s business name, address, phone number, and current
state contractor registration number.
4. Either:
a. The name, address and phone number of the office of the lender
administering the interim construction financing, if any; or
b. The name and address of the firm that has issued a payment bond, if
any, on behalf of the prime contractor for the protection of the owner, if the
bond is for an amount not less than fifty percent of the total amount of the
construction project.
5. If any of the information required by subsection (A)(4) of this section is not
available at the time the application is submitted, the applicant shall so state,
and the application shall be processed forthwith and the permit issued as if the
information had been supplied. However, the applicant shall provide the
remaining information as soon as the applicant can reasonably obtain such
information.
6. Plans, specifications and reports, as required by this title.
7. A completed environmental checklist for applicable projects.
8. Accompanying the building permit application, a completed application and
all information required to be filed for:
a. Any land use permit application required pursuant to Title 16
Environment, Title 17 Land Division, Title 18 Zoning, or the city’s shoreline
master program;
Preliminary site plan review application;
b. Zoning conditional use permit;
c. Zoning variance;
d. Zoning planned unit development;
e. Zoning certificate of appropriateness;
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Item 7a.
f. Shoreline permit, conditional use permit or variance;

bg. Site development/grading permit;
h. Land clearing permit;
i. Wetland permit;
cj. Wireless communications facility permit;
k. Wetland or fish and wildlife habitat protection reasonable use exception;
l. Any other land use or environmental permit in effect on the date of
application.
9. Payment of all fees, including but not limited to items listed in subsections
(A)(7) and (8) of this section, plan check fees required under the provisions of the
Tumwater Municipal Code, and resolutions setting forth fees.
B. For the purpose of this code, a valid and fully complete binding site plan,
preliminary plat, or preliminary short plat application requires at a minimum that
the following information has been provided:
1. Submittal of all plans, reports and other materials required by the city’s
development guide, TMC Title 17, Land Division, and other applicable
development regulations, and shall include the following general information:
a. A completed binding site plan, preliminary plat, or preliminary short plat
application form and intake checklist;
b. A verified statement by the applicant that the property affected by the
application is in the exclusive ownership of the applicant, or that the
applicant has submitted the application with the consent of all the owners of
the affected property;
c. A property and/or legal description of the site for all applications, as
required by the applicable development regulations;
d. The application fee;
e. Evidence of adequate water supply as required by RCW 19.27.097;
f. Evidence of sewer availability, or approval and authorization to construct
a community or individual sewer or septic system.
Ord. 1332, Added, 07/07/1992)
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Item 7a.
The words and terms used in this chapter shall have the meanings set forth below:
A. “Adequate transportation facilities” means transportation facilities that meet
or exceed the adopted standard of service set forth in the city’s comprehensive plan.
B. “Transportation facility capacity” means the maximum number of vehicles that
can be accommodated during a specified travel period at a specified level of service.
Capacity will be calculated according to the methodology used in the most current
highway capacity manual. An alternative methodology may be used only if it is
preapproved by the director of public works transportation and engineering or
his/hertheir designee.
C. “Completion of development” means:
1. The certificate of occupancy, or other approval, has been issued by the city
authorizing occupancy and the use of a development.
2. Final plat approval in the case of residential plats involving single-family,
townhouse or duplex development.
D. “Concurrent with development” means the improvements or transportation
strategies are in place at the time of building permit issuance or residential
preliminary final plat approval, or the financial commitment is in place to complete
the improvements or strategies within six years.
E. “Concurrency test” means the comparison of the traffic generated by a proposed
development with the unused or uncommitted capacity of existing and planned
transportation facilities, in order to assess the impact of the proposed development
on the transportation level of service.
F. “Financial commitment” means revenue sources forecast to be available and
designated for transportation facilities or strategies in the comprehensive plan or in
the transportation element of the comprehensive plan, other unanticipated revenue
from federal or state grants, or other sources for which the city has received a notice
of commitment, and/or revenue that is assured by an applicant in a form approved
by the city.
G. “Finding of concurrency” means the finding that is a part of the land use
permit or, if a land use permit is not required, a building permit or residential
preliminary plat approval issued by the city indicating that the transportation
system has adequate unused or uncommitted capacity, or will have adequate
capacity, to accommodate traffic generated by the proposed development, without
causing the level of service standards to decline below the adopted standards, at the
time of development.
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Item 7a.
H. “Level of service standard” means a measurement of the quality of service

provided by a facility, including traffic conditions along a given roadway or at a
particular intersection, and of transit service. Roadway and intersection level of
service standards are commonly denoted by a letter ranking from “A,” the highest
level of service, to “F,” the lowest level of service.
I. “Transportation strategies” means transportation demand management plans,
schemes, techniques, programs, and methodologies for minimizing transportation
facility demand, such as improved transit service, off-peak travel, and ride-sharing
programs.
J. “Transportation facilities” means arterials and transit routes owned, operated,
or administered by the state of Washington and its political subdivisions, such as
the city of Tumwater.
1. “Existing transportation facilities” means those transportation facilities in
place at the time a concurrency test is applied; and
2. “Planned transportation facilities” means those transportation facilities
scheduled to be completed no later than the sixth year of the capital facilities
plan and/or transportation element in effect at the time the city approves the
development.
K. “Traffic study” means a specialized study of the impacts that a certain type and
size of development in a specific location will have on the surrounding
transportation system. The scope of work for the study will be determined by the
city.
15.48.040 Concurrency test – Finding of concurrency.

A. Except for the exemptions provided for in TMC 15.48.050, the test for
concurrency will be conducted as a part of the land use permit application or, if a
land use permit application is not required, the building permit application.
B. The city may conduct an alternative concurrency test for the applications
identified in TMC 15.48.060 using the process set forth in subsection F of this
section.
C. The test for concurrency will be conducted in the order in which the completed
land use permit application or, if a land use permit application is not required,
building permit application is received.
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Item 7a.
D. The concurrency test will be performed only for the specific property uses,
residential densities and intensities of the uses described on the land use permit
application or, if a land use permit application is not required, a building permit
application. The applicant shall describe the proposed development in a manner
adequate for the city to determine the peak-hour traffic which is likely to be
generated by the proposed development. The applicant shall also provide to the city
a legal description of the property. Revisions to the proposed development that may
create additional impacts on transportation facilities will be required to undergo an
additional concurrency test.
E. In conducting the concurrency test, the city will use the trip generation rates
set forth in the latest edition of the Institute of Transportation Engineers,
Information Report – Trip Generation. The presumption is that the rates used by
the city are accurate unless proven otherwise.
F. If the applicant pays the fees identified in TMC 15.48.080, the applicant may
submit a calculation of alternative trip generation rates for the proposed
development. The city shall review the alternate calculations and indicate in
writing whether such calculations are acceptable in lieu of the standard trip
generation rates.
G. The city may adjust the trip generation forecast of the proposed development in
order to account for any transportation strategies proposed by the applicant that
are acceptable to the city.
H. The city shall not make a finding of concurrency as a part of the issuance of a
land use permit or, if a land use permit is not required, a building permit if the
proposed development will result in the transportation facilities declining below the
adopted level of service standards. If the level of service of the transportation
facilities meets or exceeds the adopted level of service standards, the concurrency
test is passed and the city shall make a finding of concurrency.
15.48.050 Exemptions from the concurrency test.

The following applications for a land use permit or, if a land use permit is not
required, a building permit shall be exempt from the concurrency test; provided,
that this exemption from the concurrency test is not an exemption from TMC
Chapter 3.50.
A. Any proposed development that creates no additional impacts on any
transportation facility;
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Item 7a.
B. Any project that is a component of another proposed development and that was
included in a prior application for a finding of concurrency;
C. Any application for a residential building permit if the dwelling unit is a part of
a subdivision or short plat that submitted an application and that has undergone a
concurrency test and received concurrency approval as part of plat approval; and
D. Any application that is exempt from TMC Title 16 Environment.
15.48.060 Traffic study.

Nonexempt land use permit applications or, if a land use permit application is not
required, building permit applications for the following types of developments must
be accompanied by a traffic impact analysis study prepared by an engineer
registered in the state of Washington with special training and experience in traffic
engineering and who is a member of the Institute of Transportation Engineers and
submitted by the applicant:
A. Development that generates fifty or more vehicle trips in the peak hour on the
adjacent streets and intersections; or
B. Development that generates twenty-five percent or more of peak-hour traffic
through a signalized intersection or the critical movement at an unsignalized
intersection.
All developments that are estimated to generate ten or more vehicle trips, five or
more truck trips, or one or more trips to any Interstate 5 interchange must provide
trip distribution diagrams prepared by a qualified transportation professional even
if a full traffic impact analysis is not required.
Ord. O95-022, Added, 11/07/1995)
15.48.070 Finding of concurrency.

A. The city shall make a finding of concurrency for each land use permit
application or, if a land use permit application is not required, building permit
application that passes the concurrency test.
B. The finding of concurrency shall be valid for the same time period as the
underlying building permit, including any extensions thereof.
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Item 7a.
C. A finding of concurrency shall expire if the underlying land use permit or, if a
land use permit is not required, building permit expires or is revoked by the city.
D. A finding of concurrency accompanying a land use permit or, if a land use
permit is not required, a building permit for a particular parcel of property shall be
valid for the period of validity of the permit, even if the ownership of the property
changes.
E. All land use permits or, if a land use permit is not required, building permits
that require one or more transportation facilities to be provided by the applicant
shall be and are hereby conditioned upon an appropriate financial commitment by
the applicant which is binding upon subsequent owners, heirs, executors, successors
or assigns, and upon the completion of such transportation facilities in a timely
manner, prior to the issuance of the certificate of occupancy or prior to occupancy,
unless stated otherwise in writing by the city. Such financial commitment shall be
subject to the approval of the city attorney, including performance bond, escrowed
funds, or other similar instrument.
15.48.090 Concurrency system.

A. The city will provide, or arrange for others to provide, adequate transportation
facilities by constructing needed transportation facilities and implementing
transportation strategies within the six-year horizon that:
1. Eliminate the level of service deficiencies for existing uses;
2. Achieve the level of service standards for anticipated future development
and redevelopment resulting from previously issued land use permits or, if a
land use permit is not required, building permits; and
3. Maintain existing facilities and repair or replace obsolete or worn out
facilities.
The improvements to transportation facilities will be consistent with the Tumwater
comprehensive plan.
B. To the extent possible, the city will make every effort to allocate sufficient
funds during the appropriate fiscal year to meet the financial commitment for all
the transportation facilities required to meet the level of service standards, except
that the city may omit from its budget any capital improvements for which a
binding agreement has been executed with another party.
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Item 7a.

16.04.090 Mitigated DNS.

A. As provided in this section and in WAC 197-11-350, the responsible official may
issue a determination of nonsignificance (DNS) based on conditions attached to the
proposal by the responsible official or on changes to, or clarifications of, the proposal
made by the applicant.
B. An applicant may request in writing early notice of whether a DS is likely
under WAC 197-11-350. The request must:
1. Follow submission of a permit application and environmental checklist for a
nonexempt proposal for which the department is lead agency;
2. Precede the city’s actual threshold determination for the proposal.
C. The responsible official should respond to the request for early notice within
fifteen working days. The response shall:
1. Be written;
2. State whether the city currently considers issuance of a DS likely and, if so,
indicate the general or specific area(s) of concern that are leading the city to
consider a DS;
3. State that the applicant may change or clarify the proposal to mitigate the
indicated impacts, revising the environmental checklist and/or permit
application as necessary to reflect the changes or clarifications.
D. As much as possible, the city should assist the applicant with identification of
impacts to the extent necessary to formulate mitigation measures.
E. When an applicant submits a changed or clarified proposal, along with a
revised environmental checklist, the city shall base its threshold determination on
the changed or clarified proposal:
1. If the city indicated specific mitigation measures in its response to the
request for early notice, and the applicant changed or clarified the proposal to
include those specific mitigation measures, the city shall issue and circulate a
determination of nonsignificance under WAC 197-11-340(2).
2. If the city indicated areas of concern, but did not indicate specific mitigation
measures that would allow it to issue a DNS, the city shall make the threshold
determination, issuing a DNS or DS as appropriate.
3. The applicant’s proposed mitigation measures (clarifications, changes or
conditions) must be in writing and must be specific. For example, proposals to
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Item 7a.
“control noise” or “prevent stormwater runoff” are inadequate, whereas

proposals to “muffle machinery to X decibel” or “construct two-hundred-square-
foot stormwater retention pond at Y location” are adequate provided sufficient
preliminary design data has been included to indicate the proposed mitigation
will mitigate the environmental impacts.
4. Mitigation measures which justify issuance of a mitigated DNS may be
incorporated in the DNS by reference to agency staff reports, studies or other
documents.
F. A mitigated DNS is issued under WAC 197-11-340(2), requiring a
fifteenfourteen-day comment period and public notice.
G. Mitigation measures incorporated in the mitigated DNS shall be deemed
conditions of approval of the permit decision and may be enforced in the same
manner as any term or condition of the permit, or enforced in any manner
specifically prescribed by the city.
H. If the city’s tentative decision on a permit or approval does not include
mitigation measures that were incorporated in a mitigated DNS for the proposal,
the city should evaluate the threshold determination to assure consistency with
WAC 197-11-340(3)(a) (withdrawal of DNS).
I. The city’s written response under subsection B of this section shall not be
construed as a determination of significance. In addition, preliminary discussion of
clarifications or changes to a proposal, as opposed to a written request for early
notice, shall not bind the city to consider the clarifications or changes in its
threshold determination.
(Ord. O96-004, Amended, 04/16/1996; Ord. 1007, Added, 09/18/1984)
16.08.050 Permit required – Applications – Requirements – Processing –

Conditions of issuance.
A. No person, corporation, or other legal entity not exempt under TMC 16.08.080
shall engage in land clearing or tree removal in the city without having received a
land clearing permit.
B. Requirement Established. The application for land clearing permit shall be
submitted with any project land use permit as defined in TMC 14.0214.10.020(OK),
including single-family and duplex structuresresidential developments of four units
or less unless a land clearing permit was previously reviewed as part of prior project
land use or building permit. A tree protection plan is required to obtain a land
clearing permit and is also required for any land development not exempt under
230
Item 7a.
TMC 16.08.080. The tree protection plan shall be developed by a qualified

professional forester and be submitted in conjunction with other environmental
submittals and site plan development permits. For single-family homes on lots
created prior to November 1994, the applicant has the option of using the city tree
protection professional to prepare the permit application. This service will be
provided at the same hourly rates charged to the city under its contractual
arrangement with the tree protection professional.
C. An application for a land clearing permit shall be submitted on a form provided
by the city. Accompanying such form shall be a report which includes the following
information:
1. General vicinity map;
2. Date, north arrow and scale;
3. Property boundaries, the extent and location of proposed clearing and major
physical features of the property (streams, ravines, etc.);
4. Tree Inventory. Drawn to scale on the preliminary or conceptual site plan: a
map delineating vegetation types. Each type should include the following
information:
a. Average trees and basal area per acre, by species and six-inch diameter
class. For nonforested areas, a general description of the vegetation present.
b. Narrative description of the potential for tree preservation for each
vegetation type. This should include soils, wind throw potential, insect and
disease problems, and approximate distance to existing and proposed targets.
c. Description of any off-site tree or trees, which could be adversely affected
by the proposed activity;
5. Tree Protection Plan. Drawn to scale on the site plan, grading and erosion
control and landscape plans. It should include the following information:
a. Surveyed locations of perimeters of groves of trees and individual trees to
be preserved, adjacent to the proposed limits of the construction. General
locations of trees proposed for removal. The critical root zones of trees to be
preserved shall be shown on the plans.
b. Limits of construction and existing and proposed grade changes on site.
c. Narrative description, buildable area of the site, and graphic detail of
tree protection, and tree maintenance measures required for the preservation
of existing trees identified to be preserved.
d. Timeline for clearing, grading and installation of tree protection
measures.
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Item 7a.
e. Final tree protection plan will be drawn to scale on the above described
plans and submitted with the final application packet;
6. Tree Replacement Plan. Drawn to scale on the site and landscape plans. The
tree replacement plan shall be developed by a licensed Washington landscape
architect, Washington certified nursery professional, ISA certified arborist,
board certified horticulturist, qualified professional forester or Washington
certified landscaper. It should include the following information:
a. Location, size, species, and numbers of trees to be planted.
b. Narrative description and detail showing any site preparation,
installation, and maintenance measure necessary for the long-term survival
and health of the trees.
c. Narrative description and detail showing proposed locations of required
tree planting, site preparation, installation, and maintenance within critical
root zones of preserved groups or individual trees.
d. Cost estimate for the purchase, installation, and three years’
maintenance of trees;
7. A timeline for implementation and monitoring of the tree protection, and/or
replacement plan;
8. A plan indicating how the site will be revegetated and landscaped;
9. A proposed time schedule for land clearing, land restoration, revegetation,
landscaping, implementation of erosion controls, and any construction of
improvements;
10. Information indicating the method to be followed in erosion control and
restoration of land during and immediately following land clearing;
11. A note indicating that the city will have the right of entry upon the subject
property for the purpose of performing inspections consistent with the provisions
of this chapter;
12. The approved tree protection plan map will be included in contractor’s
packet of approved plans used for construction on the project; and
13. Other information as deemed appropriate to this chapter and necessary by
the code administrator or city tree protection professional.
D. In addition to the requirements noted in subsection C of this section, on
timbered property greater in size than one acre or commercial property with more
than fifteen trees, or other sites the city deems necessary because of special
circumstances or complexity, the code administrator may require review of the site
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Item 7a.
and proposed plan and submittal of a report by the city’s tree protection
professional for compliance with the requirements of this chapter.
Further provided, that the code administrator may modify the submittal
requirements of subsections C and D of this section, on individual applications
where the information is not needed or is unavailable.
E. Each application shall be submitted with a fee established by resolution of the
city council, to help defray the cost of handling the application, no part of which fee
is refundable.
F. The code administrator shall notify the applicant whether the application is
complete within twenty-eight calendar days of receipt of the applicationpursuant to
the determination of completeness process in TMC 14.14.040. If incomplete, the
code administrator shall indicate in the notice the information required to make the
application complete.follow the process in TMC 14.14.040.
G. The code administrator shall approve, approve with conditions or deny the
permit within thirty calendar days of receipt of the complete application, or within
thirty calendar days of completion of any environmental review, whichever is later.
For applications such as site development proposals where there is more than a
land clearing permit pending, the code administrator shall, whenever feasible,
coordinate reviews, notices and hearings, and act upon the land clearing permit
concurrently with other pending permits.review and approval process for land
clearing permits shall follow the land use permit application review process in TMC
Title 14.
GH. The expiration and extension of land clearing permits shall follow the
requirements of TMC 14.10.070.Any permit granted under this chapter shall expire
eighteen months from the date of issuance, unless said permit is associated with
another development permit. If it is associated with another development permit,
the restrictions and deadlines of that approval will apply. Upon a written request, a
permit not associated with another development permit may be extended by the
code administrator for one six-month period.
I. Approved plans shall not be amended without being resubmitted to the city.
Minor changes consistent with the original permit intent will not require a new
permit fee or full application standards to be followed.
J. The permit may be suspended or revoked by the city because of incorrect
information supplied or any violation of the provisions of this chapter.
HK. Once issued, the permit shall be posted by the applicant on the site, in a
manner so that the permit is visible to the general public.
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Item 7a.

O94-029, Amended, 09/20/1994; Ord. 1190, Added, 05/16/1989)
16.08.100 Appeal procedure.

The appeal procedure for land clearing permits is found in TMC Chapter 14.18.
Any person aggrieved by a decision or an action of the code administrator in the
enforcement or implementation of this chapter may, within fourteen calendar days
of such decision or action, file a written appeal to the hearing examiner. Any
decision of the hearing examiner may be appealed to the Thurston County superior
court in accordance with the provisions of TMC Chapter 2.58.
1259, Amended, 11/06/1990; Ord. 1190, Added, 05/16/1989)
16.28.150 Permit processing.

A. Consolidation. The city shall, to the extent practicable and feasible, consolidate
the processing of wetlands related aspects of other city of Tumwater regulatory
programs which affect activities in wetlands, such as subdividing, clearing and
grading, floodplain, and environmentally sensitive chapter, etc., with the wetland
permit process established herein so as to provide a timely and coordinated permit
process.
B. Completeness of Application. After receipt of the permit application, the city
shall notify the applicant as to the completeness of the application in accordance
with the procedures outlined in TMC Chapter 14.0214.14.040. An application shall
not be deemed complete until and unless all information necessary to evaluate the
proposed activity, its impacts, and its compliance with the provisions of the chapter
have been provided to the satisfaction of the city. Such determination of
completeness shall not be construed as approval or denial of the permit application.
17.04.170 Development review committee.

The composition of the DRC is as provided in TMC 14.0214.10.020(FG).
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Item 7a.

17.14.010 Preliminary subdivisions, short subdivisions, binding site

plans, and large lot subdivisions.
Preliminary land divisions shall be reviewed as described below:
A. Administrative Review. Short plats, binding site plans and large lot
subdivisions shall be reviewed by the development review committee, the
composition of said committee is defined in TMC 14.0214.10.020(G). See also TMC
14.08.03012.020(A) regarding jurisdictional authority.
B. Hearing Examiner Review. Preliminary plats shall be reviewed by the
development review committee which shall forward their recommendation to the
hearing examiner for his/hertheir decision.
17.14.020 Preapplication/application procedures.

The land divider shall comply with procedures set forth in TMC 14.02.060 through
14.02.090 Title 14 Development Code Administration in processing project land use
permit applications.
17.14.030 Submission.
A. Application. Each land division submitted to the city shall be accompanied by a
completed application form and application materials as provided in TMC Chapter
14.0216.030. Such blank form shall be provided by the community development
department. The information requested on such form shall be revised and updated
from time to time by the community development department.
B. Environmental Checklist. With the exception of short plats not located on or
adjacent to a water body or other environmentally sensitive areas such as wetlands,
all other applications for divisions of land shall be accompanied by a completed
environmental checklist. Such environmental checklist form shall be provided by
the community development department.
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Item 7a.
C. Title Report. A title report or plat certificate issued by a title company which
shows property ownership and any easements or other encumbrances shall be
submitted with the application package. Such title report or plat certificate shall be
dated no more than thirty days prior to submittal.
D. Format of Plan. All drawings of preliminary land divisions shall be prepared on
sheet(s) not exceeding twenty-four by thirty-six inches.
A scale of fifty feet to the inch is preferred, although other engineering scales may
be used at the discretion of the designer. Architectural scales shall not be used.
E. Number of Copies. The number of copies of a proposed preliminary division of
land required for submittal shall be set by the community development department
in direct response to the needs of the review authorities. The number of copies shall
be clearly indicated on the application form and may vary depending on the type of
land division proposed.
F. Content of Plan. Generally, the information required to be submitted with or on
a proposed preliminary division of land plan shall be specified on the application
form as provided by the community development department. The type and amount
of information required may be changed from time to time by the department to
respond to the needs of the reviewing authorities. Generally, such information shall
be the minimum required to properly review the proposed division of land and
determine its potential environmental impacts. While it is the intent of the city to
standardize as much as possible the submittal requirements, it may be necessary
from time to time for the staff or other reviewing authorities to request additional
information from the applicant beyond that specified on the application forms, in
order to adequately review plans for sites with unique characteristics or unique
development plans.
G. Adjacent Property Owners. Included with the application packet for any
proposed preliminary division of land must be a list of properties located within
three hundred feet of the subject property, its registered owner(s) and their mailing
addresses as listed in the office of the county assessor. This list must be submitted
on the form provided by the community development department for that purpose
in order to facilitate the mailing of notices to the property owners. The director may
extend the area of the required list beyond three hundred feet in cases where three
hundred feet does not adequately identify neighbors affected by the pending action.
If the list is not prepared at the assessor’s office, or at an office having direct
computer access to the assessor’s ownership records, the date of receipt of the
master list from which the information was taken shall be indicated on the form
when submitted to the city. In no case shall the information be based on a master
list more than three months old at the time of filing the application.
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Item 7a.
H. Public Notification. In the case of preliminary land divisions going before the
hearing examiner, notification of the required public hearing shall be as provided by
this code. Notification of administrative consideration of preliminary land divisions
shall be by posting of the site in three conspicuous places.
I. Time Limit for Action. As provided in TMC 14.02.080 and 14.02.090Title 14
Development Code Administration, when the community development department
has received a complete application, it shall be approved or disapproved within one
hundred twenty days according to the review times established by TMC Table
14.12.030 or as soon as reasonably practicable; provided, that if an expanded
environmental checklist, environmental assessment or environmental impact
statement is required as provided in Chapter 43.21C RCW, the one-hundred-
twenty-day period required review time shall not include the time spent preparing
and circulating the environmental documents.
J. Specific Requirements.
1. Phasing. If phasing of the land division is anticipated, such phasing must be
indicated on the plan. When projects are phased, care must be taken to ensure
that each phase or combination of phases can meet all applicable requirements
on their own. Examples would include utility systems, emergency vehicle access,
and adequate turnaround areas. When an applicant owns adjacent land, the
phasing plan shall include preliminary draft layouts of the master plan for the
total property. Special attention shall be given to the compatibility of layouts
and the provision of transportation and pedestrian linkages.
2. Distribution of Information. The staff of the department shall distribute
copies of the preliminary land division plan and pertinent information to the
members of the development review committee and other agencies and utilities
as appropriate. A copy of the proposed land division shall also be sent to the
State Department of Transportation and the Port of Olympia.
1308, Added, 10/15/1991)
17.14.090 Phased development.

A. Residential preliminary plats containing more than one hundred dwelling units
and commercial or industrial preliminary plats covering more than twenty acres are
eligible to attain final plat approval in phases. Residential binding site plans
containing ten or more dwelling units and commercial or industrial binding site
plans covering more than twenty acres are eligible to attain approval in phases.
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Item 7a.
Phased approval of final plats and binding site plans is limited to developments
with at least two but not more than four phases.
Upon receipt of the recommendation from the development review committee, the
hearing examiner shall hold a public hearing and shall review the phased land
division in accordance with this title, the recommendations of the development
review committee, reports of other agencies and officials, if any, and the hearing
testimony. At the hearing, the hearing examiner shall consider and may alter any
part of the proposed phased development. The hearing examiner may approve,
approve with conditions, or disapprove the phasing plan. The phasing of binding
site plans shall follow the procedures for binding site plan-phasing approval in
Table 14.08.030TMC Title 14 Development Code Administration.
The preliminary plat or binding site plan for a phased development shall show the
number of phases, the area each phase encompasses, and the sequence for
submission for recording of the various phases. A submittal for a phased
development shall demonstrate how transportation, access, traffic, stormwater,
parks and open space, critical areas, and utilities will be addressed for all phases of
the development.
The period of time between the date of the preliminary approval of the phased land
division by the hearing examiner and the date of filing for final plat approval for the
first phase shall be consistent with TMC 17.14.080. The period of time between the
date of preliminary approval of the phased land division by the hearing examiner
and the completion of the first phase of a phased binding site plan, and the
recording of such document(s) shall be consistent with TMC 17.14.080.
Construction plans for each phase of a phased development shall include
stormwater management facilities that comply with all state and local requirements
in effect at the beginning of the time period allotted for that phase.
Applications for final plat or binding site plan approval for each successive phase
must be submitted within three years of the submittal for final plat or binding site
plan approval on the previous phase, except as provided below.
B. For phased preliminary plats approved prior to January 1, 2008, which are
affected by the United States Fish and Wildlife Service’s requirement for a habitat
conservation plan protecting federally listed habitat and/or species, the community
development director or his/her designee may issue time extensions in one-year
increments until a citywide or individual habitat conservation plan is completed,
but in no case shall time extensions exceed three years. During such extensions
granted pursuant to this subsection, the plat shall continue to be subject to the
conditions of approval and vested rights that applied to the approved phased
preliminary plat prior to the extension, with the exception of storm drainage
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Item 7a.
standards, design guidelines and building and fire codes, unless it would
significantly alter the plat as approved by the hearing examiner.
C. Time extensions that are granted pursuant to these regulations shall continue
to be subject to the conditions of approval and vested rights that applied to the
approved phased preliminary plat or binding site plan prior to the extension, with
the exception of stormwater management regulations and building and fire codes,
except as provided under subsection B of this section. If time extensions are granted
pursuant to these regulations, subsequent phases shall meet current stormwater
management regulations and building and fire codes. The director’s decision shall
be a final decision of the city of Tumwater and not subject to administrative appeal.
17.24.010 Final plats, short plats, binding site plans, and large lot
subdivisions.
Recommendations, decision-making authority, and appeal authority shall be as
provided in TMC 14.08.030Table 14.12.020(A).
17.24.050 Time to act.

After the city certifies in writing that the applicant has completed all required
improvements and the applicant has submitted all the required elements of final
land division application, fFinal land divisions shall be approved, disapproved or
returned to the applicant within thirty days from the date of filing unless the
applicant consents to an extension of such time period.
(Ord. 1308, Added, 10/15/1991)
17.28.040 Procedure for approval.

The hearing examiner shall consider a variance request concurrently with the land
division or plan to which it applies in accordance with the provisions of TMC Title
14 Development Code Administration. The hearing examiner shall act on all
requested modifications prior to acting upon the plat or short plat to which they
239
Item 7a.
apply. The hearing examiner shall detail his/hertheir findings with respect to
requested variances. At no time shall the hearing examiner’s action on a variance
be finalized unless accompanied by the hearing examiner’s action on the land
division or plan, or short plat, or vice versa.
(Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Amended, 10/15/1991; Ord. 1063,
Amended, 03/18/1986; Ord. 1016, Added, 10/02/1984)
18.07.010 Residential zone districts permitted and conditional uses.

If there are any inconsistencies between Table 18.07.010 and the specific
requirements in the underlying zoning district, the requirements in the underlying
zoning district shall be followed.
TABLE 18.07.010
RESIDENTIAL ZONE DISTRICTS PERMITTED AND CONDITIONAL USES
RESIDENTIAL DISTRICTS
Note: See Figure 18.23.020
for residential uses allowed
in the TC town center zone Applicable
RSR SFL SFM MFM MFH MHP
district; and Table 18.27.040 Regulations
in the BD brewery district
zone
Adult family homes, residential P P P P P P 18.53
care facilities
Agriculture up to 30 acres in P P P P 18.42.070
size
Animals (the housing, care and P P P P 6.08
keeping of)
Attached wireless P P P P P 11.20
communication facilities
Bed and breakfasts C1 C1 C1 P C1 18.56
Cemeteries C C C C C C 18.56
Child day care center C C C C C C 18.56
Churches C C C C C C 18.56
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Item 7a.
zone
Community garden P P P P P
Cottage housing P P P P 18.51
Designated manufactured P 18.48; 18.49
home parks
Designated manufactured P P P P P 18.48
homes
Duplexes P2 P2 P3 P
Emergency communication C C C C C C 18.56; 11.20
towers or antennas
Family child care home, child P P P P P P 18.52
mini-day care center
Fourplexes P P
Group foster homes C C C C C C 18.56
Inpatient facilities C C 18.56
Medical clinics or hospitals C C 18.56
Mental health facilities C C 18.56
Multifamily dwellings P P
Manufactured home parks in P 18.48
accordance with the provisions
of TMC Chapter 18.48
Mobile home parks which were P 18.48
legally established prior to July
1, 2008
Neighborhood community C C C C C C 18.56
center
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Item 7a.
zone
Neighborhood-oriented C C C C C 18.56
commercial center
Parks, trails, open space areas P P P P P P
and recreational facilities
Permanent supportive housing P P P P P P 18.42.150
Planned unit developments P P P P P 18.36
Private clubs and lodges C C C 18.56
Recreational vehicle parks C 18.56
Schools C C C C C C 18.56
Senior housing facilities, C C 18.56
assisted
Senior housing facilities, P P
independent
Single-family detached P P P P
dwellings
Single-family detached P4
dwellings existing prior to
April 15, 2021
Support facilities P P P P P P
Temporary expansions of C C C C C C 18.56
schools, such as portable
classrooms
Townhouses and rowhouses P5 P P 18.16.050
(F)(1)(a)
Transitional housing P P P P P P 18.42.150
Triplexes P P
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Item 7a.
zone
Wildlife refuges and forest P P P P P
preserves
Wireless communication C C C C C C 11.20; 18.56
towers
LEGEND
P = Permitted Use
C = Conditional Use
RSR = Residential/Sensitive Resource
SFL = Single-Family Low Density Residential
SFM = Single-Family Medium Density Residential
MFM = Multifamily Medium Density Residential
MFH = Multifamily High Density Residential
MHP = Manufactured Home Park
Table 18.07.010 Footnotes:
(1) “Bed and breakfasts” with only one guest room are a permitted use, but a
public notice that an application has been submitted shall be sent to immediate
neighbors. Administrative decisions may be appealed pursuant to TMC Chapter
14.12.are subject to the notice of application requirements in TMC Chapter 14.06 to
allow for public notice for neighbors and an appeal of the administrative decision to
the hearing examiner.
(2) “Duplexes” are allowed in the residential/sensitive resource (RSR) and single-
family low density residential (SFL) zone districts on individual lots legally
established before or on April 15, 2021. Duplexes shall not occupy more than twenty
percent of the total lots in a new short plat or subdivision, which was legally
established after April 15, 2021. In such cases, the community development director
shall have the discretion to alter the percentage in order to allow the new short plat
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Item 7a.
or subdivision to meet minimum required densities due to topography or other

special conditions related to the site, such as critical areas.
(3) “Duplexes” are allowed in the single-family medium density residential (SFM)
zone district on individual lots legally established before or on April 15, 2021.
Duplexes shall not occupy more than thirty percent of the total lots in a new short
plat or subdivision, which was legally established after April 15, 2021. In such
cases, the community development director shall have the discretion to alter the
percentage in order to allow the new short plat or subdivision to meet minimum
required densities due to topography or other special conditions related to the site,
such as critical areas.
(4) Single-family detached dwellings constructed after April 15, 2021, are not
allowed in the multifamily medium density residential (MFM) zone district.
(5) “Townhouses and rowhouses” are allowed within a residential planned unit
development in the single family medium density residential (SFM) zone district.
Table 18.07.010 Explanatory Notes:
1. If the box is shaded, the use is not allowed in that zone district.
2. Accessory uses are listed in each zoned district chapter.
O2020-003, Amended, 09/15/2020; Ord. O2019-007, Amended, 09/03/2019; Ord.
18.08.040 Conditional uses.

Conditional uses in the RSR zone district are as follows:
A. Churches;
B. Wireless communication towers;*
C. Cemeteries;
D. Child day care center;
E. Schools;
F. Neighborhood community center;
G. Group foster homes;
H. The following essential public facilities:
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Item 7a.
1. Emergency communications towers and antennas;*

I. Temporary expansions of schools, such as portable classrooms;
J. Bed and breakfasts.**
*Emergency communication towers and antennas and wireless communication
facilities are subject to Federal Aviation Administration (FAA) standards and
approval, and furthermore both uses are subject to provisions for wireless
communication facilities in TMC Chapter 11.20, Wireless Communication Facilities.
**Bed and breakfasts with only one guest room are permitted use, but a public
notice that an application has been submitted shall be sent to immediate neighbors.
Administrative decisions may be appealed pursuant to TMC Chapter 14.12.are
subject to the notice of application requirements in TMC Chapter 14.06 to allow for
public notice for neighbors and an appeal of the administrative decision to the
hearing examiner.

Conditional uses in the SFL zone district are as follows:
A. Churches;
C. Cemeteries;
E. Schools;
G. Neighborhood-oriented commercial center;
I. Group foster homes;
J. Bed and breakfasts;**
K. Temporary expansions of schools, such as portable classrooms.
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Item 7a.

Administrative decisions may be appealed pursuant to TMC Chapter 14.12are
hearing examiner.
035, Added, 12/19/1995)

Conditional uses in the SFM zone district are as follows:
A. Churches;
C. Cemeteries;
E. Schools;
H. Private clubs and lodges;
I. The following essential public facilities:
J. Group foster homes;
K. Bed and breakfasts;**
L. Temporary expansions of schools, such as portable classrooms.
246
Item 7a.
hearing examiner.
035, Added, 12/19/1995)

Conditional uses within the MHP zone district are as follows:
A. Churches;
C. Cemeteries;
E. Schools;
1. Emergency communications towers and antennas;
I. Group foster homes;
J. Bed and breakfasts;**
K. Temporary expansions of schools, such as portable classrooms.
*Wireless communication facilities are subject to Federal Aviation Administration
(FAA) standards and approval, and furthermore are subject to provisions for
wireless communication facilities in TMC Chapter 11.20, Wireless Communication
Facilities.
247
Item 7a.
hearing examiner.
Ord. O2017-006, Amended, 07/18/2017; Ord. O2008-009, Added, 02/17/2009)
18.50.075 Modification of off-street parking space standards.

A. Minor Modifications. A modification to increase or decrease parking standards
in Figure 18.50.070(A) by up to ten percent shall automatically apply at the request
of the project applicant.
B. Administrative Modifications. A modification to increase or decrease the
parking standard in Figure 18.50.070(A) by ten percent to forty percent shall be
considered by the city at the request of the project applicant.
1. The criteria for an administrative modification request are set forth below:
a. The project developerapplicant shall present all findings, evidence, and
reports to the community development director prior to any final,
discretionary approvals; e.g., site plan approval, environmental review, or
any planning, building, or engineering permits.
b. Modification requests may be granted based on the effectiveness of
proposed transportation demand management strategies, significance and
magnitude of the proposed modification, and compliance with this chapter.
c. Modification requests may be denied or altered if the community
development director has reason to believe, based on experiences and existing
development practices, that the proposed modification may lead to excessive
or inadequate parking or may inhibit or prevent regular and intended
functions of either the proposed or existing use, or adjacent uses.
2. Submittal Requirements. A report shall be submitted by the applicant
providing the basis for more or less parking and will include the following
information:
a. For requests of up to twenty percent:
i. Describe the site and use characteristics, specifically:
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Item 7a.
(A) Site accessibility and proximity to transit infrastructure and

transit times;
(B) Site accessibility and proximity to bicycle and pedestrian
infrastructure;
(C) Shared and combined parking opportunities; and
(D) Employee or customer density and transportation practices.
ii. Describe and demonstrate alternative transportation strategies such
as carpooling, flexible work schedules, telecommuting, or parking fees, if
used;
iii. Demonstrate compliance with commute trip reduction measures as
required by state law, if applicable;
iv. Identify possible negative effects on adjacent uses and mitigation
strategies, if applicable; and
v. If increasing, employers with one hundred or more employees must
meet the design and facility requirements in TMC 18.50.060(L).
b. For requests greater than twenty percent and up to forty percent:
i. Provide the contents of a twenty percent or less request;
ii. If increasing, provide a parking demand study prepared by a
transportation engineer licensed in the state of Washington, which
supports the need for more parking;
iii. Increased parking in excess of twenty percent shall be banked in
accordance with TMC 18.50.100 for a minimum of three years; and
iv. If decreasing, show that the site is within a one-quarter- mile walk to
transit service, or that it will be within six months of occupancy to be
verified by Intercity Transit.
3. Administrative decisions may be appealed pursuant to TMC Chapter
14.0812.
(Ord. O2014-008, Added, 10/07/2014)
18.50.120 Required bicycle facilities.

The following requirements shall apply to any off-street parking area designed to
accommodate ten or more vehicles and any non-single- family/duplex development
over three thousand square feet. This requirement excludes auxiliary buildings that
249
Item 7a.
are not a primary arrival location for employees, visitors, or residents, such as
storage buildings.
A. Bicycle parking spaces shall be provided in accordance with Figure
18.50.120(A). Bicycle facilities satisfying Figure 18.50.120(A) shall meet the
following requirements. Bicycle facilities provided in excess of Figure 18.50.120(A)
shall only be required to meet subsections (A)(4) through (6) of this section:
1. Covered to protect bicycles from weather;
2. Visible from primary entrances or provide signs indicating location;
3. Illuminated;
4. Secure to protect bicycles from theft through the use of racks, cages, lockers,
or other approved methods;
5. Located within one hundred feet of primary entrances for employees,
visitors, or residents unless combineding with other uses on site for convenience,
in which case bicycle facilities shall be located within two hundred feet of a
primary entrance. Bicycle facilities should be located no farther away from the
main entrance than the nearest nonaccessible space;
6. Accessible for bicycles, defined as the following:
a. Provide proper maneuvering space (usually a minimum of twenty-four
inches) between landscaping, buildings, and other obstructions;
b. Not interfere with means of ingress or egress from the building; and
c. Accessible without using stairs.
B. Short-term (class 2) bicycle facilities shall provide a secure and quickly
accessible space to lock a bicycle to a bicycle rack.
1. Racks shall enable the use of a U-lock between the bicycle frame and the
rack. Additionally, racks shall support the bicycle frame in two or more places
(e.g., “inverted U”).
2. Racks shall provide a bicycle parking space equal to twenty-two inches by
six feet, unless placed side to side, in which case they may be placed thirty-six
inches apart.
3. Prohibited racks include grid/comb/wheelbenders which only secure a wheel,
and wave/ribbon racks.
4. Encouraged racks include inverted “U,” “A,” post and loop racks, and
security rails.
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Item 7a.
5. Long-term bicycle facilities provided in excess of the minimum requirements

shall serve to meet up to fifty percent of short-term bicycle facility requirements
at the request of the land owner.
C. Long-term (class 1) bicycle facilities shall protect bicycles and their components
from theft, unauthorized access, and weather. Examples include a lockable bike
cage or class 1 bicycle lockers.
1. Each bicycle must be able to be individually locked or secured unless the
facility is designed to only be used by an individual or family (such as in a
private garage). If racks are used, they must be compliant with subsection B of
this section.
2. Bicycle lockers are encouraged, but no site should depend solely on bicycle
lockers for long-term storage. Bicycle lockers should have a see-through window
or view-hole to discourage improper use.
3. Each residential unit shall have access to the required long-term bicycle
space.
4. Long-term bicycle facilities shall be provided as specified in Figure
18.50.120(A).
D. All major employers or major worksites as defined by RCW 70.94.524 shall
provide a minimum of one shower and changing facility per gender.
E. Administrative Modification. If, in the judgment of the community development
director, required bicycle facilities are demonstrated by the applicant project
developer to be excessive for a particular development given its use (such as with a
residential care facility or rest home), or if there are unusual circumstances which
preclude the establishment of required bicycle facilities, the community
development director may allow reduced standards. Administrative decisions may
be appealed pursuant to TMC Chapter 14.1208.
Section 34. A new TMC Chapter 18.55 is hereby added to the Tumwater
Chapter 18.55
SITE PLAN REVIEW
Sections:
18.55.010 Purpose.
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Item 7a.

18.55.060 Appeals.
18.55.110 Revocation of site plan approval.
18.55.010 Purpose.
A. The purpose of the site plan approval process is to:
1. Facilitate project design that is consistent with the city’s comprehensive
plan and regulations and in keeping with the physical constraints of the project
site;
2. Promote orderly community growth;
3. Minimize discordant and undesirable impacts of development both on site
and off site;
4. Coordinate public or quasi-public elements, such as walkways, driveways,
paths, and landscaping within segments of larger developments and between
individual developments;
5. Ensure convenience and safety of vehicular and pedestrian movement
within the site and in relation to adjacent areas;
6. Protect the desirable aspects of the natural landscape and environmental
features of the city by minimizing the undesirable impacts of proposed
developments on the physical environment; and
7. Minimize conflicts that might otherwise be created by a mix of uses within
an allowed area.
B. The site plan review is not intended to determine whether a particular land use
activity is appropriate on a particular site.
C. Land uses that are otherwise permitted in this title shall not be denied through
the site plan review process unless such uses cannot meet the development
standards required for the use.
D. Site plan review shall be consolidated with other land use permit approvals
pursuant to TMC Title 14 Development Code Administration.
E. Site plan review does not replace any required environmental, land division or
zoning approvals.
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Item 7a.
A. Site plan elements subject to this chapter include, but are not limited to:
1. Site layout;
2. Building orientation;
3. Pedestrian and vehicular access;
4. Signage;
5. Landscaping and natural features of the site;
6. Integration of stormwater management techniques;
7. Screening and buffering;
8. Parking and loading arrangements, and illumination; and
9. Design review.
B. Site planning is the horizontal and vertical arrangement of the elements in
TMC 18.55.020(A) that is compatible with the city’s comprehensive plan and
regulations, and the physical characteristics of a site and the surrounding area.
C. Site plan review shall be required in the following instances:
1. Construction or expansion of new facilities or structures, except for
individual single-family dwellings, duplexes, triplexes, quadplexes, townhouses,
and stacked units or
2. Where, in the opinion of the director, the magnitude and character of the
project is sufficiently complex to warrant site plan review, or the project could
result in an adverse effect on adjacent properties or the subject property or other
public facilities if not planned early and carefully.
A. Site plan review shall not be required for remodeling existing buildings or
structures provided:
1. The alterations conform with any prior approved site plan review approval;
or
2. The alterations do not modify the existing site layout.
B. The following types of uses are not exempt from site plan review unless they
meet the conditions of TMC 18.55.030(A):
1. Individual single family dwellings, duplexes, triplexes, or quadplexes located
on property with critical areas; or
2. Two or more single family dwellings, duplexes, triplexes, or quadplexes built
on the same lot.
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Item 7a.

A. Site plan review applications shall not be accepted for processing until the
applicant has scheduled and attended a preapplication conference pursuant to TMC
14.14.020.
B. For any project requiring a site plan approval as identified in TMC 18.55.020, a
site plan review application shall be submitted to the community development
department for review and approval pursuant to TMC Chapter 14.12 as either a
Type I land use permit application, if SEPA review is not required, or as a Type II
land use permit application, if SEPA review is required.
C. Application for site plan review shall include the information required by TMC
14.14.030, unless waived by the director.
A. Upon receipt of the complete site plan review application, the director shall
circulate the site plan review application pursuant to the requirements of TMC
14.16.040.
B. Site plan review applications shall be reviewed as either a Type I land use
permit application, if SEPA review is not required, or as a Type II land use permit
application, if SEPA review is required.
C. Modifications and conditions may be imposed to meet city regulations and to
the extent reasonably necessary to eliminate or minimize adverse effects on
adjacent properties, subject properties, or public facilities.
1. The decision to require modifications or conditions shall be based upon the
following factors:
a. Noise level;
b. Traffic flow, internal circulation, sight obstruction, and parking;
c. Drainage and flood control;
d. Location, size, and availability of public facilities;
e. Requests for variance or conditional use;
f. Environmental or land division approvals;
g. Effect of the project on adjacent and surrounding properties; and
h. Landscaping, and site or building design.
D. Modifications and conditions required by the director shall be limited to:
1. Location, dimensions, and method of improvements to all property to be
dedicated to the public or to public utilities including, but not limited to, street
right-of-way and utility easements;
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Item 7a.
2. Location, size, dimensions of yards, courts, setbacks, and all other open
spaces between buildings and structures;
3. Location, dimensions, and method of improvement of all driveways, curbs
and gutters, parking areas, walkways and means of access, ingress and egress,
and drainage;
4. Location, size, bulk, exterior surfaces, height, and number of stories of all
buildings and structures, including signs, walls, and fences;
5. Location, size, dimensions, design elements, and materials used in
landscaped areas; and
6. Improvements to city standards of adjacent streets by the applicant,
including paving, curbs, gutters, sidewalks, provisions of streetlights, and
traffic-control facilities where the city determines that traffic generation, flow,
and circulation patterns warrant such improvement.
18.55.060 Appeals.
A. Appeals of decisions by the director relating to site plan applications may be
appealed to the hearing examiner by submitting to the city clerk a written notice of
appeal within fourteen days of the director’s decision.
A. The approval of a site plan shall vest the applicant to the land use regulations
in effect at the time of the application for a period of eighteen months after
approval; provided that the applicant files a complete application for a building
permit within this timeframe.
B. The director may grant an extension pursuant to TMC 14.10.070(B).
A. Phasing Permitted.
1. For development proposed on only a portion of a particular site, an applicant
may choose to submit a site plan application for either the entire site or a
portion of the site.
2. For development proposed on only a portion of a particular site, the
application shall clearly state the area of the portion of the site and the proposed
development, including phases, for which site plan approval is being requested.
3. In every case, the site plan application and review shall cover at least that
portion of the site which is directly related to or may be impacted by the actual
proposed development, as determined by the director.
B. Authority for Extension of Time.
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Item 7a.
1. The director may grant site plan approval for large projects planned to be
developed or redeveloped in phases over a period of years, exceeding the normal
time limits of this chapter.
2. Such approval shall include clearly defined phases and specific time limits
for each phase.
C. Expiration of Phase(s).
1. If the time limits of a particular phase are not satisfied then site plan
approval for that phase and subsequent phases shall expire.
2. The director shall determine if such a phased project will be eligible for any
extensions of the time limits.
D. Vesting.
1. If the development of a phased project conforms to the approved phasing
plan, the land use regulations in effect at the time of the original approval shall
continue to apply.
2. However, all construction shall conform to the current regulations in TMC
Title 15 Buildings and Construction and stormwater regulations in force at the
time of a complete building permit application.
A. Minor modifications to an approved site plan may be permitted by the director.
B. To be considered a minor modification, the amendment must not:
1. Involve more than a ten percent increase in area or scale of the development
in the approved site plan;
2. Have a significantly greater impact on the environment and facilities than
the approved site plan; or
3. Change the boundaries of the originally approved site plan.
A. Major modifications to an approved site plan require a new application.
B. The review and approval shall be by the approval body which approved the
original site plan.
C. Major modifications involve a substantial change in the basic site design plan,
intensity, density, use and the like involving more than a ten percent change in
area or scale.
No person shall violate or fail to comply with the provisions of this chapter or any
adopted site plan approval or any conditions or provisions thereof, nor shall a
256
Item 7a.
building permit be issued for any structure which would violate or fail to comply
with any adopted site plan approval for the parcel or parcels on which such
structure is to be located.
A. Anyone found in violation of this chapter shall be guilty of a misdemeanor as
defined in TMC Chapter 1.10.
B. Each day the violation continues may be considered as a separate violation.
18.56.030 Hearing.
A. Upon the filing of an application for a conditional use permit, the hearing
examiner shall set a time and place for a public hearing to consider the application
under the provisions of TMC Title 14Chapter 2.58 Development Code
Administration.
B. Notice of any public hearing shall be in accordance with the provisions of TMC
Title 14 Development Code AdministrationChapter 14.06.
1259, Amended, 11/06/1990; Ord. 883, Added, 05/06/1984)
18.56.050 Notification of hearing examiner decision.

Notification of the hearing examiner decision shall be in accordance with the
provisions of TMC Chapter 2.58 and TMC 14.06.09018.010.
Ord. O95-035, Amended, 12/19/1995; Ord. 1259, Amended, 11/06/1990; Ord. 883,
Added, 05/06/1984)
18.60.015 Site-specific rezones.

Applications for site-specific rezones required as a result of a proposed
comprehensive plan amendment shall be processed with the proposed
comprehensive plan amendment as set forth in this chapterTMC 14.08.030.
1259, Added, 11/06/1990)
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Item 7a.
Section 38. A new section TMC 18.60.027 is hereby added to the Tumwater
18.60.027 Procedure – Recommendation and Approval.

A. For comprehensive plan amendments, general area rezones, development
regulation amendments, and site-specific rezones required as a result of a proposed
comprehensive plan amendment, the review and approval authorities shall be as
follows:
1. The planning commission shall conduct an open record predetermination
hearing on all the amendments collectively and provide a recommendation to the
city council.
2. The city council will consider the recommendation of the planning
commission and make the final decision on all the amendments collectively.
B. Site-specific rezones not requiring a comprehensive plan amendment shall be
processed as a Type III land use permit application pursuant to TMC Title 14
Development Code Administration.
18.60.040 Zoning amendments.

Requests for zone changes shall be reviewed and decided as set forth in TMC
14.08.03018.60.027 and shall be processed in accordance with the procedures and
notice requirements set forth in TMC 18.60.020.
(Ord. O96-024, Added, 09/17/1996)
Section 40. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not
limited to, the correction of scrivener/clerical errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
to the effective date of this ordinance is hereby ratified and affirmed.
Section 42. Severability. The provisions of this ordinance are declared

subdivision, section, or portion of this ordinance or the invalidity of the application
of the ordinance, or the validity of its application to other persons or circumstances.
258
Item 7a.
Section 43. Effective Date. This ordinance shall become effective

immediately after passage, approval and publication as provided by law.
ADOPTED this day of , 20 .
CITY OF TUMWATER

ATTEST:
Published:
Effective Date:
259
Item 7a.
Attachment C
Development Code Administration

Ordinance No. O2024-005
260
City Council – December 3, 2024 1
Item 7a.
Background
● In May 2023, Governor Inslee signed into law Senate Bill
(SB) 5290 which modified the state requirements for local
land use permit review
● The state amendments to the Local Project Review Act,
Chapter 36.70B RCW, are intended to increase the timeliness
and predictability of local project development application
reviews
261
2
Item 7a.
Background
● The City’s development code administration regulations
must be updated by December 31, 2024, to address recent
changes or state law will preempt the City’s development
review procedures until City amendments are approved
● The Planning Commission held a public hearing on the
ordinance on Tuesday, November 12, 2024, took public
testimony and, after deliberations, recommended that the
City Council approve the ordinance with conditions
● The General Government Committee had a briefing on the
ordinance on November 13, 2024, and recommended that it
go forward to the City Council for approval
262
3
Item 7a.
Scope of the Ordinance

The amendments will primarily modify TMC Title 14
Development Code Administration to bring it into compliance
with state law and update the City’s approval processes, but it
also will modify other portions of the Tumwater Municipal
Code
263
4
Item 7a.
New Project Review Process – Permit Types

The amendments would establish the review and approval
processes for three new types of land use permit applications:
Type I – Land use permits that are approved administratively by the
director of community development and do not require SEPA review
Type II – Land use permits that are approved administratively by the
director of community development and require SEPA review
Type III – Land use permits that require a hearing before the hearing
examiner
264
5
Item 7a.
Title 14 Amendments
● The proposed new structure for TMC Title 14 Development
Code Administration will replace the entire current
structure of the title
● The intent of the proposed new structure is to make TMC
Title 14 more intuitive by starting with key general
provisions in the first chapter and then moving through the
land use permit application, review, approval, and appeal
processes
265
6
Item 7a.
New Project Review Process – Simplified
1. Preapplication 2. Application 3. Application 4. Permit 5. Permit

Process Submittal Review Decision Appeals
A. Feasibility Review A. Determine Application A. Notice of Application A. Administrative Decision

A. SEPA Appeal
(optional) Type (I - III) (Types II - III) (Types I - II)
B. Preapplication Conference B. Determine the Procedural B. Distribution of Application

Application Submittal B. Hearing (Type III) B. Land Use Permit Decision
(required) for Review
Materials Required Appeal to Hearing Examiner
(Types I - II) or Superior Court
(Type III)
C. SEPA Review (Types II - III) C. Decision Notice (Type I)
C. Application Submittal
D. Notice of Decision (Types II

D. Determination of Review and Approval Times:
- III)
Completeness (Types II - III) Type I - 90 Days, Type II - 120
Days, and Type III - 170 Days
D. Recommendation for
Decision
266
7
Item 7a.
Chapter 14.10 General Provisions

14.10.010 Intent.

267
8
Item 7a.
Chapter 14.10 Definitions – Land Use Permits

● An important change to the current TMC Title 14 is that the
definition of “project permit” was amended by SB 5290 in
RCW 36.70B.020(4) to remove building permits from the
state’s definition of a project permit
● The definition also refers to “"project permit" or "project
permit application" as meaning “…any land use or
environmental permit or license required from a local
government for a project action”
268
9
Item 7a.
Chapter 14.10 Definitions – Land Use Permits

● “Project permits” are referred to as “land use permits”
throughout the ordinance to differentiate such permits from
“building permits” and “construction permits,” which are not
part of the RCW definition but are addressed elsewhere in
the RCW and by the City in TMC Title 15 Buildings and
Construction
● This is important because it reduces the current scope of
permits covered by TMC Title 14
269
10
Item 7a.
Chapter 14.10 Time Limits

● The most important change made by SB 5290 was to the
number of days the City has to review applications before
issuing a decision and establishing monetary penalties for
when these timelines are not met
● Note that the time limits start the day that an application is
determined to be complete and run until the day a final
decision is made by the director or hearing examiner
● The time limits also include all required notice and comment
periods
270
11
Item 7a.
Chapter 14.10 Other Amendments

● Public Notice Requirements
● Substantially Different Proposals
● Land Use Permit Expirations
● Land Use Code Interpretations
271
12
Item 7a.
Chapter 14.12 Land Use Permits

272
13
Item 7a.
Chapter 14.12 Land Use Permits

Chapter 14.12 establishes the new land use permit application
framework for the three types of permits, including
● Examples of permits in each type;
● The recommendation, decision, and appeal authorities for
each permit type; and
● Most importantly for addressing the new state regulations,
the maximum review periods for each permit type
273
14
Item 7a.
Land Use Permit Application Types
274
15
Item 7a.
Land Use Permit Decision and Appeal Authority
275
16
Item 7a.
Land Use Permit Public Notice Requirements
276
17
Item 7a.
277
18
Item 7a.
Chapter 14.14 Preapplication and Application Process

278
19
Item 7a.
Chapter 14.14 Preapplication and Application Process

● Feasibility review is an optional step that allows an
applicant to meet with the development review committee
to present a proposed project for an initial review to help
determine if it could be viable
● A preapplication conference requires the applicant to
present the proposed project for development review
committee for review before the application can be
submitted with intent of confirming the submittal
requirements and allowing the subsequent land use permit
application to be processed expeditiously
279
20
Item 7a.
Chapter 14.14 Application Submittals

● Significant changes in state law were made to the
determination of completeness process
● The City now needs to be able to determine if a land use
permit application is “procedurally complete”
● Determination whether an application is procedurally
complete has two parts:
1. A complete definition of the elements that make up a land use
permit application that in turn can be modified by each kind of
land use permit; and
2. A determination by the City that what an applicant presents to
the City when they submit a land use permit application is
21
280
complete and ready for further review
Item 7a.
Chapter 14.16 Application Review

281
22
Item 7a.
Chapter 14.18 Application Decisions and Appeals

282
23
Item 7a.
Other Tumwater Municipal Code Amendments

The amendments will also modify portions of the following
titles and chapters of the Tumwater Municipal Code:
1. TMC Chapter 2.58 Hearing Examiner
2. TMC Title 11 Telecommunications and Telecommunications Facilities
3. TMC Title 13 Public Services
4. TMC Title 15 Buildings and Construction
5. TMC Title 16 Environment
6. TMC Title 17 Land Division
7. TMC Title 18 Zoning
283
24
Item 7a.
TMC Title 15 Buildings and Construction

Proposed amendments to TMC Title 18 will:
● Update the code references to TMC Title 14
● Add a new section on the certificate of occupancy process
from the International Building Code
284
25
Item 7a.
TMC Tile 18 Zoning

Proposed amendments to TMC Title 18 will:
● Update the code references to TMC Title 14
● Add a new chapter, TMC 18.55 Site Plan Review, that details
the requirements for site plan review and approval, which
are not currently part of the Tumwater Municipal Code
● Add a new section TMC Chapter 18.60 Text Amendments and
Rezones to address the review and approval procedures for
comprehensive plan amendments, general area rezones,
development regulation amendments, and site-specific
rezones required because of a proposed comprehensive plan
285
amendment formerly addressing TMC Title 14 26
Item 7a.
Next Steps
● The Planning Commission conducted a hearing on the
ordinance on November 12, 2024, took public testimony,
and forwarded a recommendation of approval with
conditions to the City Council
● The General Government Committee reviewed the
Planning Commission’s recommendation at their
November 13, 2024, meeting and placed the ordinance on
the City Council’s December 3, 2024, consideration
calendar
● Planning Commission Recommended Action: Approve
Ordinance No. O2024-005 as conditioned
286
27
Item 7b.
TO: City Council

FROM: Troy Niemeyer, Finance Director
SUBJECT: Ordinance O2024-007, 2025-2026 Biennial Budget
Adopt Ordinance No. O2024-007, the 2025-2026 biennial budget.
2) Background:
The Mayor proposed the 2025-2026 budget and staff have completed several rounds of
expenditure reductions. Staff have presented three budget workshops and two public
hearings.
3) Policy Support:
4) Alternatives:
 Do not adopt the ordinance. This alternative would require Council to hold an
additional meeting in December to adopt a budget before December 31, 2024.
5) Fiscal Notes:
The total biennial budget is approximately $432 million.
6) Attachments:
A: Ordinance O2024-007 Biennial Budget with Exhibits A and B
287
Item 7b.
Attachment A
ORDINANCE NO. O2024-007
AN ORDINANCE of the City Council of the City of Tumwater,

Washington, adopting the biennial budget for the City of Tumwater,
Washington, for the fiscal period beginning January 1, 2025 and ending
December 31, 2026.
WHEREAS, the Mayor of the City of Tumwater, Washington, completed and

placed on file with the Finance Director a proposed budget and estimate of the
amount of the monies required to meet the public expenses, bond retirement and
interest, reserve funds and expenses of government of the City including salaries and
wages as shown in each fund’s or department’s salary and wages expenditure line
item; and, a notice was published that the City Council would meet on the 15th of
October 2024 and on the 19th of November 2024 at or around the hour of 7:00pm, at
the Council Chambers in the City Hall for the purpose of making and adopting a
budget for the two year fiscal period of January 1, 2025 to December 31, 2026 (“2025-
2026 Budget”) and giving taxpayers within the limits of the City an opportunity to be
heard about the 2025-2026 Budget; and
WHEREAS, the City Council did meet at City Hall on October 15, 2024 and
November 19, 2024 and considered the matter of the 2025-2026 Proposed Budget;
and
WHEREAS, the 2025-2026 Budget does not exceed the lawful limit of taxation
allowed by law to be levied on the property within the City of Tumwater for the
purposes set forth in the 2025-2026 Budget, and the estimated expenditures in each
fund set forth in the 2025-2026 Budget are all necessary to carry on the government
of the City for fiscal years 2025-2026 and are all necessary to meet the various needs
of the City during that period;
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF

TUMWATER, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. The biennial budget for the City of Tumwater, Washington, for
the fiscal years 2025-2026 is hereby adopted at fund level as set forth in the document
entitled “City of Tumwater 2025-2026 Biennial Budget” a copy of which is on file in
the Finance Department.
Section 2. Estimated resources, including fund balances or working capital

for each separate fund of the City of Tumwater, and aggregate totals for all such funds
combined for the 2025-2026 biennium are set forth in the attached Exhibit A and are
hereby appropriated for expenditure at the fund level during the 2025-2026
biennium.
Section 3. The Salary Schedule set forth in Exhibit B and all salaries and
wages as shown in each department's and fund's detail budget reports as included in
the budget document are adopted.
288
Item 7b.
Section 4. The Finance Director is directed to transmit a certified copy of the

City of Tumwater 2025-2026 Biennial Budget to the Division of Municipal
Corporations in the Office of the State Auditor and to the Association of Washington
Cities.
Section 5. Ratification. Any act consistent with the authority and prior to
the effective date of this ordinance is hereby ratified and affirmed.
Section 6. Severability. The provisions of this ordinance are declared

subdivision, section, or portion of this ordinance or the invalidity of the application
of the ordinance, or the validity of its application to other persons or circumstances.
Section 7. Effective Date. This ordinance shall take effect five days after
passage, approval and publication.
ADOPTED this 3rd day of December, 2024.
CITY OF TUMWATER
ATTEST:
Published:
Effective Date:
Ordinance O2024-007 - Page 2 of 2

289
Item 7b. Exhibit A
CITY OF TUMWATER
Proposed Budget
2025-2026
Beginning Ending Fund Proposed
FUNDS BY TYPE Revenues Total Resources Expenditures
Fund Balance Balance Budget
General Government Funds

001 General Fund $ 23,567,529 $ 96,830,157 $ 120,397,686 $ 102,417,811 $ 17,979,875 $ 120,397,686
002 Public Safety Reserve 1,472,246 4,370,800 5,843,046 4,877,629 965,417 5,843,046
007 Permit Reserve 736,709 40,000 776,709 - 776,709 776,709
008 Emergency Reserve 2,106,528 70,000 2,176,528 - 2,176,528 2,176,528
009 Facilities Reserve Fund 1,713,648 180,000 1,893,648 - 1,893,648 1,893,648
012 Recreation Special Programs 94,495 145,400 239,895 109,250 130,645 239,895
015 Parks Board 139,830 50,000 189,830 40,000 149,830 189,830
016 E-Link & Fiberoptics 799,298 376,000 1,175,298 361,000 814,298 1,175,298
017 Historical Commission 31,556 22,000 53,556 20,000 33,556 53,556
018 K-9 2,921 800 3,721 2,850 871 3,721
019 US Flag Recognition 13,715 1,200 14,915 1,100 13,815 14,915
GENERAL GOVERNMENT FUNDS $ 30,678,475 $ 102,086,357 $ 132,764,832 $ 107,829,640 $ 24,935,192 $ 132,764,832
Special Revenue Funds

104 Publice Safety Sales Tax $ 611,472 $ 1,880,000 $ 2,491,472 $ 2,491,472 $ - $ 2,491,472
105 Affordable Housing Sales Tax Fund 81,750 135,000 216,750 126,000 90,750 216,750
107 Domestic Violence Prevent Fund 3,210 400 3,610 3,226 384 3,610
108 Drug & Other Seizure Fund 53,000 5,000 58,000 58,000 - 58,000
109 Lodging Tax Fund 709,608 876,000 1,585,608 988,809 596,799 1,585,608
111 Development Fees Fund 13,983,574 5,600,000 19,583,574 7,284,000 12,299,574 19,583,574
120 Barnes Lake Mgmt Dist. Fund 34,149 67,120 101,269 73,331 27,938 101,269
130 Transportation Benefit District 2,038,746 5,080,000 7,118,746 6,635,650 483,096 7,118,746
Debt Service Fund

200 General Obligation Debt Service Fund$ 42,504 $ 490,281 $ 532,785 $ 390,500 $ 142,285 $ 532,785
Capital Project Funds

303 General Government CFP Fund $ 2,567,356 $ 36,544,572 $ 39,111,928 $ 36,427,549 $ 2,684,379 $ 39,111,928
304 Transportation CFP Fund 7,506,843 28,601,249 36,108,092 34,723,929 1,384,163 36,108,092
Proprietary Funds
400 Water Utility Fund $ 16,468,722 $ 61,471,612 77,940,334 $ 60,623,844 $ 17,316,490 $ 77,940,334
401 Sewer Utility Fund 16,871,746 29,241,729 46,113,475 30,992,875 15,120,600 46,113,475
411 Storm Utility Fund 10,392,308 34,005,044 44,397,352 28,179,642 16,217,710 44,397,352
480 Golf Course Fund - 5,661,205 5,661,205 5,661,205 - 5,661,205
Internal Service Funds

501 Equip Rental & Rsv Fund - Fleet $ 3,829,870 $ 7,500,523 $ 11,330,393 $ 10,770,794 $ 559,599 $ 11,330,393
502 Equip Rental & Rsv Fund - IT 471,924 6,451,773 6,923,697 6,787,338 136,359 6,923,697
CITY-WIDE TOTALS $ 106,345,257 $ 325,697,865 $ 432,043,122 $ 340,047,804 $ 91,995,318 $ 432,043,122
290
Item 7b.
2025 Classification and Pay Schedule 2.0 COLA

Minimum Wage: $16.66 Hourly Attachment B
Number Active Job Classes Grade Minimum Maximum
101 City Administrator 44 14695 19692
102 City Attorney 42 13328 17861
103 Administrative Services Director 41 12694 17011
104 Human Resources Analyst 29 7068 9472
105 Assistant City Administrator 39 11514 15429
106 Human Resources Program Manager 35 9472 12694
107 Department Assistant III 24 5538 7422
108 Department Assistant II 22 5023 6732
109 Department Assistant I 21 4784 6411
110 Senior Human Resources Analyst 31 7793 10443
111 Assistant City Attorney 35 9472 12694
112 Administrative Assistant 25 5815 7793
113 Executive Assistant 27 6411 8592
114 Management Analyst 29 7068 9472
115 Finance Director 41 12694 17011
116 Deputy Finance Director 37 10443 13995
117 City Clerk 31 7793 10443
118 Accountant 29 7068 8472
119 Payroll Officer 28 6732 9021
120 Accounting/Utility Billing Supervisor 31 7793 10443
121 Accounting Assistant I 22 5023 6732
122 Deputy City Clerk 27 6411 8592
124 Accounting Technician 24 5538 7422
126 Human Resources Specialist 27 6411 8592
132 Volunteer Coordinator 25 5815 7793
133 Police Administrative Manager 36 9946 13328
140 Police Services Specialist I 25 5815 7793
141 Police Services Specialist II 28 6731 9021
142 Communications Manager 36 9946 13328
143 Economic Development Coordinator 29 7068 9472
144 Senior Accountant 31 7793 10443
146 Records Clerk 22 5023 6732
148 Paralegal 27 6411 8592
149 Community Engagement Specialist 25 5815 7793
152 Accounting Assistant II 23 5274 7068
153 Assistant Planner 27 6411 8592
200 Senior Engineer 35 9472 12694
202 City Engineer 37 10443 13995
207 Deputy Water Resources & Sustainability Director 37 10443 13995
208 Water Resources Program Manager 35 9472 12694
209 Engineer III 34 9021 12089
210 Transportation & Engineering Director 41 12694 17011
211 Engineer II 32 8182 10965
212 Engineer I 30 7422 9946
213 Senior Water Resources Specialist 29 7068 9472
291
Item 7b.

214 Water Resources Specialist 28 6732 9021
215 Engineering Tech IV 27 6411 8592
216 Senior Inspector 29 7068 9472
217 Engineering Tech III 26 6106 8182
218 Water Resources & Sustainability Director 41 12694 17011
219 Engineering Technician II 25 5815 7793
220 Urban Forrester 28 6732 9021
221 GIS Program Manager 35 9472 12694
222 Senior Water Resources Specialist 29 7068 9472
223 Deputy Transportation & Engineering Director 37 10443 13995
224 Sustainability Manager 35 9472 12694
225 Utilities Operations Manager 36 9946 13328
226 Transportation Operations Manager 36 9946 13328
227 Community Development Director 41 125694 17011
228 Deputy Community Development Director 37 10443 13995
229 Permit Manager 36 9946 13328
230 Assistant Utility Operations Manager 33 8592 11514
231 Associate Planner 29 7068 9472
234 Senior Planner 34 9021 12089
235 Planning Manager 36 9946 13328
237 Permit/Planning Technician 24 5538 7422
240 Parks and Recreation Director 41 12694 17011
241 Recreation Supervisor 31 7793 10443
242 Recreation Coordinator 25 5815 7793
243 Recreation and Marketing Specialist 25 5815 7793
244 Recreation Manager 36 9946 13328
250 Golf Operations Manager 35 9472 12694
252 Golf Course Superintendent 35 9472 12694
253 Golf Maintenance Worker I 22 5023 6732
254 Golf Maintenance Worker II 23 5274 7068
256 Golf Operations Coordinator 25 5815 7793
257 Sustainability Coordinator 29 7068 9472
258 Arts Specialist 25 5815 7793
259 GIS Analyst 28 6732 9021
316 Parks Manager 35 9472 12694
317 Facilities Manager 35 9472 12694
318 Building Maintenance Worker I 23 5274 7068
319 Parks Maintenance Worker II 23 5274 7068
320 Parks Maintenance Supervisor 29 7068 9472
321 Equipment Repair Technician 25 5815 7793
322 Building Maintenance Supervisor 29 7068 9472
323 Parks Maintenance Lead 26 6106 8182
324 Parks Maintenance Worker I 22 5023 6732
326 Building Maintenance Worker II 25 5815 7793
342 Traffic Signal and Streetlight Tech II Per Contract
292
Item 7b.

344 Electrician II Per Contract
345 Fleet Technician I Per Contract
349 Field Crew Lead Per Contract
351 Maintenance Tech I Per Contract
352 Maintenance Tech II Per Contract
353 Maintenance Tech III Per Contract
362 Network Administrator 31 7793 10443
363 Information Technology Director 41 12694 17011
368 Applications Analyst 27 6411 8592
369 Systems Administrator II (BWC) 30 7422 9946
370 Senior Information Technology Specialist 30 7422 9946
371 ERP Implementation Manager 35 9472 12694
372 Business Applications Analyst (ERP) 28 6732 9021
373 Golf Operations Supervisor 26 6106 8182
374 Fleet Technician II Per Contract
401 Building and Fire Safety Official 36 9945 13328
403 Building and Fire Safety Plans Examiner 28 6732 9021
405 Building/Fire Safety Inspector 27 6411 8592
408 Inspector - Stormwater 27 6411 8592
409 Police Chief 42 13328 17861
410 Police Commander 40 12089 16201
413 Police Lieutenant Per Contract
414 Police Sergeant Per Contract
415 Police Officer Per Contract
416 Police Evidence Technician 26 6106 8182
417 Police Management Analyst 31 7793 10443
418 Police Records Supervisor 29 7068 9472
431 Fire Chief 42 13328 17861
433 Deputy Fire Chief 40 12090 16201
435 Battalion Chief Per Contract
437 Paramedic Lieutenant Per Contract
438 Fire Training Lieutenant Per Contract
439 Fire Lieutenant Per Contract
440 Fire Prevention Officer I Per Contract
441 Paramedic Firefighter Per Contract
442 Firefighter Per Contract
444 Medical Services Officer and BC Per Contract
445 Fire Prevention Officer II Per Contract
Total FTE Count is 275 for the 2025-2026 Biennium
293
Item 7b.
2025 Non-Represented Grades and Steps

2.0 % COLA, $16.66 Minimum Wage
GRADES Step 0 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6

18 4133 4339 4556 4784 5023 5274 5538
19 4339 4556 4784 5023 5274 5538 5815
20 4556 4784 5023 5274 5538 5815 6106
21 4784 5023 5274 5538 5815 6106 6411
22 5023 5274 5538 5815 6106 6411 6732
23 5274 5538 5815 6106 6411 6732 7068
24 5538 5815 6106 6411 6732 7068 7422
25 5815 6106 6411 6732 7068 7422 7793
26 6106 6411 6732 7068 7422 7793 8182
27 6411 6732 7068 7422 7793 8182 8592
28 6732 7068 7422 7793 8182 8592 9021
29 7068 7422 7793 8182 8592 9021 9472
30 7422 7793 8182 8592 9021 9472 9946
31 7793 8182 8592 9021 9472 9946 10443
32 8182 8592 9021 9472 9946 10443 10965
33 8592 9021 9472 9946 10443 10965 11514
34 9021 9472 9946 10443 10965 11514 12089
35 9472 9946 10443 10965 11514 12089 12694
36 9946 10443 10965 11514 12089 12694 13328
37 10443 10965 11514 12089 12694 13328 13995
38 10965 11514 12089 12694 13328 13995 14695
39 11514 12089 12694 13328 13995 14695 15429
40 12089 12694 13328 13995 14695 15429 16201
41 12694 13328 13995 14695 15429 16201 17011
42 13328 13995 14695 15429 16201 17011 17861
43 13995 14695 15429 16201 17011 17861 18754
44 14695 15429 16201 17011 17861 18754 19692
45 15429 16201 17011 17861 18754 19692 20677
294
Item 7c.
TO: City Council

FROM: Jason Wettstein, Communications Manager
SUBJECT: Resolution R2024-015, Affirming the Council’s commitment to equality, dignity and the
protection of civil rights, and standing against hate, bigotry and discrimination.
Adopt Resolution R2024-015, affirming the council’s commitment to equality, dignity and the
protection of civil rights and standing against hate, bigotry and discrimination. The Public
Health and Safety Committee on November 12, 2024, recommend Resolution R2024-015
go to the City Council meeting on Considerations for adoption and discussion.
2) Background:
Recent events at the national, state, and local levels have highlighted the need for our
community to take a stand against hate and the violation of civil rights and reaffirm a shared
commitment to justice, equality, and human dignity.
The resolution -- a statement of City values -- affirms the Council’s and the City’s ongoing
Diversity, Equity, Inclusion, and Belonging work in Tumwater and alongside surrounding
communities.
3) Policy Support:
Strategic Priorities - Build a Community Recognized for Quality, Compassion, and Humanity
4) Alternatives:
 Adopt the Resolution

 Don’t adopt the Resolution
5) Fiscal Notes:
n/a.
6) Attachments:
A. Resolution R2024-015, affirming the Council’s commitment to equality, dignity and the
protection of civil rights, and standing against hate, bigotry and discrimination.
295
Item 7c.
RESOLUTION NO. R2024-015
A RESOLUTION of the City Council of the City of Tumwater,

Washington affirming the Council’s commitment to equality, dignity
and the protection of civil rights, and standing against hate, bigotry,
and discrimination.
WHEREAS, the City of Tumwater is a community that values diversity,

inclusivity, and respect for all individuals, regardless of race, creed, color, national
origin, citizenship or immigration status, families with children, sex, marital status,
sexual orientation, age, honorably discharged veteran or military status, or the
presence of any sensory, mental, or physical disability ; and
WHEREAS, the City of Tumwater recognizes the importance of fostering an

environment where all residents feel safe, welcome, and valued, and that
discrimination, hate, and acts of violence undermine these values; and
WHEREAS, civil rights are fundamental to the foundation of our democratic

society, ensuring that all individuals have the right to equal protection under the
law, the right to freedom of speech, and the right to participate fully in public life
without fear of discrimination or retaliation; and
WHEREAS, the City of Tumwater condemns all forms of hate, including but
not limited to hate crimes, discrimination, harassment, and acts of bigotry that
target individuals based on their race, creed, color, national origin, citizenship or
immigration status, families with children, sex, marital status, sexual orientation,
age, honorably discharged veteran or military status, or the presence of any
sensory, mental, or physical disability ; and
WHEREAS, recent events at the national, state, and local levels have
highlighted the need for communities to take a firm stand against hate and the
violation of civil rights, and to reaffirm our shared commitment to justice, equality,
and human dignity; and
WHEREAS, the City of Tumwater is committed to promoting equity and

justice within our own institutions, policies, and practices, as well as ensuring that
city services and programs are accessible to all residents, without discrimination;
and
WHEREAS, the City of Tumwater seeks to empower all members of the

community to report hate crimes, discrimination, and civil rights violations, and to
work collaboratively with law enforcement, community organizations, and other
stakeholders to address these issues; and
296
Item 7c.
WHEREAS, City of Tumwater urges all residents, businesses, and

organizations to stand together in rejecting hate, promoting kindness and
understanding, and working towards a community where every individual is
treated with dignity and respect;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF

THE CITY OF TUMWATER AS FOLLOWS:
Section 1. City Council commitment to equality, dignity and the protection

of civil rights, and standing against hate, bigotry, and discrimination.
1. The City of Tumwater unequivocally denounces hate, bigotry,

discrimination and any violations of civil rights within our community.
2. The City of Tumwater reaffirms its commitment to protecting the civil

rights of all individuals.
3. The City of Tumwater will continue to work proactively to foster a culture

of inclusivity, diversity, belonging and mutual respect, engaging with residents,
community leaders, and organizations to address discrimination and promote
understanding.
4. The City of Tumwater supports local law enforcement in their efforts to

investigate and address hate crimes and violations of civil rights and encourages
residents to report any incidents of hate or discrimination they experience or
witness.
5. The City of Tumwater commits to ongoing education and outreach efforts

to raise awareness about civil rights, diversity, and the harmful impacts of hate,
bigotry, and discrimination on individuals and the community as a whole.
6. The City of Tumwater will review and, where necessary, revise its policies,
procedures, and practices to ensure they promote equity, inclusion, belonging, and
the protection of civil rights for all residents.
7. The City of Tumwater urges all residents, businesses, and organizations to

stand together in rejecting hate, promoting kindness and understanding, and
working towards a community where every individual is treated with dignity and
respect.
Section 2. City Council commitment to action.
The City of Tumwater and its Council commit to continue working with those
in the community affected by racism and other forms of discrimination. The City

297
Item 7c.
has begun exploratory work on the creation of an equity commission and has added
resources and contact information to its website for community members who may
experience hate crime, or have concerns about hate crimes. The City is working with
the community of Tumwater as well as surrounding communities in seeking
perspectives gained from the lived experience of community members, fielding ideas
with them in the Tumwater spirit of neighborliness and respect, and standing with
those in the community working to increase safety and sense of belonging for the
people of Tumwater.
to the effective date of this Resolution is hereby ratified and affirmed.
Section _4. Severability. The provisions of this Resolution are declared

subdivision, section, or portion of this Resolution or the invalidity of the application
of the Resolution, or the validity of its application to other persons or circumstances.
Section _5. Effective Date. This Resolution shall become effective

immediately upon adoption and signature as provided by law.
RESOLVED this _____ day of _______________, 20____.
CITY OF TUMWATER
ATTEST:
_______________________________

298

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CITY COUNCIL

Online via Zoom and In Person at

Tuesday, December 03, 2024

Hybrid Meeting Information

Public and Written Comment

TUMWATER CITY COUNCIL WORK SESSION

CONVENE: 6:03 p.m.

PRESENT: Mayor Debbie Sullivan and Councilmembers Peter Agabi, Michael

City Administrator Parks reviewed the Council’s updated Strategic

City Administrator Parks outlined the process for development and

TUMWATER CITY COUNCIL WORK SESSION

 Non-Represented Salary Increases – 14% average increase

Information on employee attrition reflects a rate of 10.8% with 25

Director Niemeyer reviewed a comparison of City budgets over several

Suggestions were offered on the importance of increasing visibility of the

Director Niemeyer reviewed projected revenues and proposed

The Council discussed the inclusion of information reflecting how

TUMWATER CITY COUNCIL WORK SESSION

than $300,000 to over $800,000 in 2024. Other factors are employee

Director Niemeyer addressed questions about the reasons for the

City Administrator Parks shared a pie chart depicting general fund

In response to questions on whether the use of ending fund balance is

TUMWATER CITY COUNCIL WORK SESSION

City Administrator Parks and Director Niemeyer reviewed some

 Legislative Department: The original proposal anticipated a

TUMWATER CITY COUNCIL WORK SESSION

because of liability to the City. Play structures, despite the cost,

TUMWATER CITY COUNCIL WORK SESSION

one position and a reclassification of a position, ongoing efforts

City Administrator Parks reviewed the category of special revenue funds

City Administrator Parks referred the Council to information on the

Utility funds include:

Other funds include:

As required by state statute, utility or propriety funds must be self-

TUMWATER CITY COUNCIL WORK SESSION

Discussion ensued on placing the ordinance for the new IT Department

Director Niemeyer reported on the potential of switching the version of

Councilmember Agabi cited the City of Olympia’s plans to help balance

Councilmember Jefferson commented on the improved clarity of the

TUMWATER CITY COUNCIL WORK SESSION

MAYOR/CITY There were no reports.

Prepared by Valerie L. Gow, Recording Secretary/President

TO: City Council

Staff is seeking City Council ratification of:

 Ratify the vouchers as proposed.

A. Exhibit A – Payment of Vouchers – Review and Approval

Asst. Finance Director, on behalf of the Finance Director

Checks dated 11/15/2024

Asst. Finance Director, on behalf of the Finance Director

Checks dated 11/22/2024

TO: City Council

Adopt Resolution R2024-018 Declaring Property as Surplus.

Refine and sustain a great organization.

 Adopt the Resolution.

A. Resolution R2024-018 Declaring Property as Surplus with attached

RESOLUTION NO. R2024-018

A RESOLUTION of the City Council of the City of Tumwater,

WHEREAS, it is the City’s policy to dispose of surplus property in

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF

Section 1. Surplus Declaration. The property itemized on the attached

Signatures on Following Page