14.35.050 Timing of final decision.
(1) Final decisions by the City on all permits and approvals subject to the procedures of this chapter shall be issued within 120 days from the date the applicant is notified by the Department pursuant to this chapter that the application is complete. The following periods shall be excluded from this 120-day period:
(a) Any period of time during which the applicant has been requested by the Director, Planning Commission, Hearing Examiner or Council to correct plans, perform required studies or provide additional information, including street standard variances and variances required under Chapter 13.25 CMC. The period shall be calculated from the date of notice to the applicant of the need for additional information until the earlier of the date the Director advises the applicant that the additional information satisfies the Director’s request, or 14 days after the date the information has been provided. If the Director determines that the correction, study or other information submitted by the applicant is insufficient, the Director shall notify the applicant of the deficiencies and the procedures of this section shall apply as if a new request for information had been made.
(i) There shall be a 90-day deadline for the submittal of corrections, studies or other information when requested. An extension of this deadline may be granted upon submittal by an applicant of a written request providing satisfactory justification of an extension.
(ii) Failure by the applicant to meet such deadline shall be cause for the Director to deny the application.
(iii) When granting a request for a deadline extension, the Director shall give consideration to the number of days between receipt by the Director of a written request for a deadline extension and the mailing to the applicant of the Director’s decision regarding that request.
(b) The period of time, as set forth in Chapter 16.10 CMC, during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW.
(c) A period of no more than 90 days for an open record appeal hearing by the Hearing Examiner on a Type 2 land use decision, and no more than 60 days for a closed record appeal by Superior Court on a Type 3 land use decision appealable to Superior Court, except when the parties to an appeal agree to extend these time periods.
(d) Any period of time during which an applicant fails to post the property, if required by this chapter, following the date notice is required until an affidavit of posting is provided to the Department by the applicant.
(e) Any time extension mutually agreed upon by the applicant and the Director.
(2) The time limits established in this section shall not apply if a proposed development:
(a) Requires an amendment to the comprehensive plan or a development regulation, or modification or waiver of a development regulation as part of a demonstration project;
(b) Requires approval of the siting of an essential public facility as provided for in RCW 36.70A.200; or
(c) Is substantially revised by the applicant, when such revisions will result in a substantial change in a project’s review requirements, as determined by the Department, in which case the time period shall start from the date at which the revised project application is determined to be complete.
(3) If the Department is unable to issue its final decision within the time limits established by 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.
(4) The Department shall require that all subdivisions, short subdivisions, building permits, grading permits, conditional use permits, site development permits, shoreline substantial development permits, and binding site plans issued for development activities on or within 500 feet of designated agricultural lands, forest lands or mineral resource lands shall contain a notice that the subject property is within or near designated agricultural lands, forest lands or mineral resource lands on which a variety of activities may occur that are not compatible with residential development for certain periods of limited duration. (Ord. 02-09 § 3)