Chapter 19.05
FINAL DECISION PROCESS

Sections:

19.05.010    Final decision process.

19.05.010 Final decision process.

A. The city will strive to issue a written notice of final decision on an application reviewed pursuant to either a Type II administrative or a Type IIIA quasi-judicial review process within 120 days after the date a complete application is submitted pursuant to EWMC 19.03.030. In determining the number of days that have elapsed, the following periods shall be excluded:

1. Any period during which the applicant has been requested by the city to correct plans, perform required studies, or provide additional information or materials. The period shall be calculated from the date the city issues the request for additional information to the applicant to the date that the applicant resubmits all of the requested information.

2. Any period during which an environmental impact statement (EIS) is being prepared following a determination of significance pursuant to Chapter 43.21C RCW.

3. Any extension of time mutually agreed upon by the applicant and the city.

B. The time limit listed in subsection A of this section does not apply if an application:

1. Is for, or requires, an amendment to a comprehensive plan or development regulation.

2. Requires the siting of an essential public facility, as provided in Chapter 36.70A RCW and as may be hereafter amended.

3. Is substantially revised by the applicant after a determination of completeness has been issued, in which case the time period shall start from the date on which the complete revised project application is submitted pursuant to EWMC 19.03.030.

C. If the city is unable to issue its final decision within the time limits provided for in this section, it shall provide written notice of this fact to the 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.

D. In accordance with state law, the city is not liable for damages which may result from the failure to issue a timely notice of final decision.

E. Notice of Final Decision. The notice shall include: a statement of any threshold decision made under Chapter 43.21C RCW; a statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation; a statement of the appeals process; and a link to where the decision can be found on the city’s website.

F. Method of Notice. The notice of final decision shall be provided in the following manner:

1. Mailed to:

a. The applicant(s) and the property owner(s) if different;

b. Any person who prior to issuance of the decision requests to receive the notice of final decision or has made substantive comment during the permit review process.

2. Posted on the city’s website.

3. Mailed to the property owners who received notice of the public hearing pursuant to EWMC 19.04.020(B)(3)(b).

4. Transmitted to the Douglas County assessor’s office. (Ord. 21-28 § 5 (Exh. A), 2021)