19.09.090 Notice of final decision.
(1) The city will strive to issue a written notice of final decision on an application reviewed pursuant to either a Type II administrative or a Type III quasi-judicial review process within 120 days after the date of the determination of completeness. In determining the number of days that have elapsed, the following periods shall be excluded:
(a) Any period during which the applicant has been requested 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 to the applicant to the earlier of the date the city determines whether the additional information satisfies its request or 14 days after the date the information has been received by the city.
(b) If the city determines the information submitted by the applicant under subsection (1)(a) of this section is insufficient, it shall again notify the applicant of deficiencies and the procedures under subsection (1)(a) of this section shall apply to the request for information.
(c) Any period during which an environmental impact statement (EIS) is being prepared following a determination of significance pursuant to Chapter 43.21C RCW.
(d) Any period for administrative appeals, which shall not exceed 90 days for open record appeals and 60 days for closed record appeals.
(e) Any extension of time mutually agreed upon by the applicant and the city.
(2) The time limit by which the city will strive to issue a written notice of final decision does not apply if an application:
(a) Requires an amendment to a comprehensive plan or development regulation.
(b) Requires the siting of an essential public facility, as provided in Chapter 36.70A RCW and as may be hereafter amended.
(c) 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 revised project application is determined to be complete.
(3) If the city 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 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) 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.
(5) The written notice of final decision for Type II administrative decisions, Type III quasi-judicial decisions and legislative actions made by motion of the city shall include the following information:
(a) A statement of the findings of the review authority, stating the application’s compliance or noncompliance with each applicable criterion, and assurance of compliance with applicable standards.
(b) The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with all applicable laws.
(c) A statement that the decision is final unless appealed as provided in Chapter 19.11 ECMC, Appeals. The statement shall state the appeal closing date and describe how a party may appeal the decision, including applicable fees and the elements of a notice of appeal.
(d) A written notice of decision rendered by the city council may be in the form of the signed ordinance or resolution.
(6) Effective Date. The final decision of the council or hearing body shall be effective on the date stated in the notice of decision, resolution, or ordinance. (Ord. 436 § 1, 2010)