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 within the following timeframes. This section shall apply to project permits as defined in EWMC 19.11.170.

1. Within 65 calendar days after the date a complete application is submitted for Type I permits.

2. Within 100 calendar days after the date a complete application is submitted for Type II permits.

3. Within 170 calendar days after the date a complete application is submitted for Type IIIA permits.

B. 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 in writing 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.

a. If an applicant is not responsive for more than 60 days after the city has notified the applicant, in writing, that additional information is required to further process the application, an additional 30 days may be added to the time period for the city to issue a notice of final decision. The written notice that additional information is requested shall include a notice that nonresponsiveness for 60 consecutive days may result in 30 days being added to the time for review.

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.

4. Any time that the applicant informs the city, in writing, that the applicant would like to temporarily suspend the review. If the applicant suspends the review for more than 60 days, the city may add an additional 30 days to the time period for the city to issue a notice of final decision.

5. Any time after an administrative appeal is filed until the administrative appeal is resolved and any additional time provided by the administrative appeal has expired.

C. 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.

D. If the city is unable to issue its final decision within the time limits provided for in this section, it shall do the following:

1. 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.

2. Refund a portion of the permit fees in accordance with RCW 36.70B.080(1)(l).

E. 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.

F. 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.

G. 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. 25-06 § 5 (Exh. A), 2025; Ord. 21-28 § 5 (Exh. A), 2021)