Chapter 16.07
FINAL DECISIONS
Sections:
16.07.020 Notice of decision—Public notice.
16.07.030 Notice of decision—Time frames.
16.07.040 Exceptions from one hundred twenty day period.
16.07.010 Notice of decision.
The notice of decision shall be a single written report which states all the decisions made on all project permits that are part of the application. The notice of decision shall state any mitigation required under applicable development regulations or under SEPA. If a SEPA threshold determination has not been issued previously, the notice of decision shall state this determination. Notice of applicable administrative appeal procedures shall also be included. (Ord. 98-66 § 1 (part), 1998).
16.07.020 Notice of decision—Public notice.
A. The notice of decision shall be provided by first-class mail to the applicant and to any person who, prior to the decision, requested notice of the decision or who commented on the application.
B. The notice of decision shall be distributed by first-class mail to the parties and entities who were provided a notice of application. (Ord. 98-66 § 1 (part), 1998).
16.07.030 Notice of decision—Time frames.
A. The notice of decision shall be issued by the reviewing official within three business days of the date the decision is final.
B. The notice of final decision shall be issued within one hundred twenty days after the city notifies the applicant the application is complete. The time frames provided in this title shall apply to project permit applications filed on or after the ordinance enacting this title becomes effective. Calculation of the time lapsed will be based upon the criteria specified in Section 16.07.040.
C. If the city is unable to issue its final decision on a project permit application within the time limits provided 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 cannot be met and an estimated date for issuance of the notice of final decision. (Ord. 2016-030 § 14, 2016; Ord. 98-66 § 1 (part), 1998).
16.07.040 Exceptions from one hundred twenty day period.
A. In determining the number of days that have elapsed after the local government has notified the applicant that the application is complete for purposes of calculating the time for issuance of the notice of final decision, the following periods shall be excluded:
1. Any period during which the applicant has been requested by the city or another agency with jurisdiction to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the city or other agency notifies the applicant of the need for additional information until the earlier of the date the local government determines whether the additional information satisfies the request for information or fourteen days after the date the information has been provided to the city;
2. If the city determines that the information submitted by the applicant under Section 16.04.020 is insufficient, it 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, if the city by ordinance has established time periods for completion of environmental impact statements, or if the local government and the applicant in writing agree to a time period for completion of an environmental impact statement;
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 consideration and decision on appeals shall not exceed:
a. Ninety days for an open record appeal hearing, unless the parties to the appeal agree to extend this time period; and
b. Sixty days for a closed record appeal, unless the parties to the appeal agree to extend this time period.
5. Any extension of time mutually agreed upon by the applicant and the local government. (Ord. 98-66 § 1 (part), 1998).