Chapter 14.11
NOTICE OF FINAL DECISION

Sections:

14.11.010    Time limits.

14.11.020    Exceptions.

14.11.030    Late issuance of final decision.

14.11.040    Distribution.

14.11.010 Time limits.

Except as provided in ACC 14.11.020, the city shall issue a notice of final decision on a project permit application within 120 days after the applicant is notified in writing that the application is complete as provided in Chapter 14.06 ACC. The following periods of time are excluded in determining the number of days which have elapsed:

A. Any period during which the applicant has been requested to correct plans, perform required studies, or provide additional required information. The period is calculated from the date the applicant is notified of the need for additional information until the earlier of: (1) the date the city determines whether the additional information satisfies the request for information, or (2) 14 days after the date the information has been provided. If the information submitted by the applicant under this subsection is insufficient, the city shall notify the applicant of the deficiencies and the procedures described above shall apply as if a new request for studies had been made.

B. Any period during which an EIS is being prepared following a determination of significance pursuant to Chapter 43.21C RCW. The city and applicant will agree in writing on the time period for completion of an EIS.

C. Any period for administrative appeals of project permits, if an open record appeal hearing or closed record appeal, or both, are allowed. The time period shall not exceed: (1) 90 days for an open record appeal hearing; and (2) 60 days for a closed record appeal. The parties may agree in writing to extend the applicable time periods for appeal.

D. Any extension of time mutually agreed upon in writing by the applicant and city. (Ord. 4835 § 1, 1996.)

14.11.020 Exceptions.

The time limits established above do not apply if a project 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 36.70A.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

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 complete under Chapter 14.06 ACC. (Ord. 4835 § 1, 1996.)

14.11.030 Late issuance of final decision.

If the city is unable to issue the final decision within the prescribed time limits, the city shall provide written notice of this fact to the applicant. The notice shall include a statement of the reasons why the time limits have not been met and an estimated date for issuance of the notice of decision. (Ord. 4835 § 1, 1996.)

14.11.040 Distribution.

The notice of decision shall be provided 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. The notice shall be provided as specified in ACC 14.07.040. It shall include a statement of any threshold determination and procedures for administrative appeal, if applicable. It may be a copy of the report or decision on the project permit application. (Ord. 4835 § 1, 1996.)