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(1) Purpose. RCW 36.70B.070 and 36.70B.080 require time frames be established to ensure applications are reviewed in a timely and predictable manner. This section establishes the time frames and procedures for issuance of a final decision for Type II, III, or IV reviews. No time frames are established by state statutes for Type I or Type V reviews.

(2) Computing Time. Unless otherwise specified, all time frames are indicated as calendar days, not working days. For the purposes of computing time, the day the determination or decision is rendered shall not be included. The last day of the time period shall be included; provided, that if it is a Saturday, Sunday, or a day designated by RCW 1.16.050 or by the city’s ordinances as a legal holiday, then it also is excluded and the time period concludes at the end of the next business day.

(3) Application Review and Decision Time Frame.

(a) Decisions on Type II, III, or IV applications shall not exceed 120 days, unless the community development director makes written findings that a specified amount of additional time is needed for processing of a specific complete project application. Applications for developments that are complex or that have extensive or difficult issues may take additional time. The applicant and the city may agree in writing to extend the time period.

(b) Preliminary Plats. Pursuant to RCW 58.17.140, preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within 90 days from the date of filing thereof unless the applicant consents to an extension of such time period or the 90-day limitation is extended to include up to 21 days as specified under RCW 58.17.095(3). The 90-day period shall not include the time spent preparing and circulating an environmental impact statement by the local governmental agency.

(c) Final Plats and Short Plats. Pursuant to RCW 58.17.140, final plats and short plats shall be approved, disapproved, or returned to the applicant within 30 days from the date of filing thereof, unless the applicant consents to an extension of such time period.

(d) Exemptions. The time limits established in this title do not apply if a project permit application:

(i) Requires an amendment to the Comprehensive Plan or a development regulation;

(ii) Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200;

(iii) Is reviewed as Type I or V permit;

(iv) 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 to be complete.

(4) Calculating Decision Time Frame. In determining the number of days that have elapsed after the city 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:

(a) Any period during which the applicant has been requested by the city to correct plans, perform required studies, or provide additional required information. If the city determines that the information submitted by the applicant is insufficient, it shall notify the applicant of the deficiencies. The period shall be calculated from the date the city 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 14 days after the date the information has been provided to the city;

(b) Any period during which an environmental impact statement is being prepared following a determination of significance (DS) pursuant to Chapter 43.21C RCW, or if the city and the applicant in writing shall agree to a time period for completion of an environmental impact statement;

(c) Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed; or

(d) Any extension of time mutually agreed upon by the applicant and the city.

(5) Possible Extension of Time for Final Decision. If the city is unable to issue a final decision within the time limits provided herein, the applicant shall be provided written notice of this fact. 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. (Ord. 1499 § 6 (Exh. F), 2021).