Chapter 16A.15
NOTICE OF DECISION
Sections:
16A.15.010 General
A. Applicability. The City will issue a notice of decision for all Type II and III permit applications.
B. A notice of decision is issued by a City department or the Hearing Examiner at the conclusion of the permit application review process. The notice of decision may be the decision report or the issuance of the project permit. The purpose of the notice of decision is to inform the applicant and any person who, prior to rendering of the decision, requested notice of the decision, or submitted comments on the application. The notice of decision also marks the beginning of any appeal period which may be set forth herein or in other ordinances governing the project permit.
1. Except as provided in subsection (B)(3) of this section, a notice of decision on a project permit should be issued as soon as possible but no more than one hundred twenty (120) days after issuance of the determination of completeness.
a. The issuance of a Type II permit or administrative decision will constitute a notice of decision.
b. If a determination of significance is issued, then the City or Hearing Examiner shall issue a project permit decision not sooner than seven (7) days after a final environmental impact statement is issued.
c. The applicant may agree in writing to extend the time frame for issuance of a decision.
2. In general, a notice of decision shall be issued within one hundred twenty (120) days after a determination of completeness has been issued, unless an alternative time period is otherwise specified in the SeaTac Municipal Code.
3. The time limit sestablished by subsections (B)(1) and (2) of this section do not apply if a project permit application:
a. Requires an amendment to the comprehensive plan or a development regulation;
b. Requires approval of a new fully contained community as provided in RCW 36.704.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 6.70A.200;
c. 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 under Chapter 16A.07 SMC.
4. If the review authority 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 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. (Ord. 18-1004 § 1; Ord. 10-1015 § 1; Ord. 03-1020 § 2)
16A.15.020 Contents
The following must be included on all notices of decision except when the issuance of a permit serves as the notice of decision:
A. A notice of decision shall include a statement of the decision and that the decision and SEPA determination made under Chapter 43.21C RCW are final but may be appealed.
B. The appeal closing date shall be listed.
C. The statements shall include how a party may appeal the project permit decision and/or the SEPA determination.
D. The notice of decision may be optionally included in the written decision, a decision on the permit application or provided as a separate document.
E. The notice of decision shall also state that affected property owners may request a change in valuation for property tax purposes not withstanding any program of revaluation. (Ord. 18-1004 § 1; Ord. 03-1020 § 2)
16A.15.030 Distribution
A. The review authority shall provide notice of decision by first class mail to the applicant and to any person who prior to the rendering of the decision, requested notice of the decision or submitted comments on the application or testified at the public hearing.
B. The review authority shall also provide the notice of decision to the County Assessor’s Office. (Ord. 18-1004 § 1; Ord. 03-1020 § 2)