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Permit Processing Timelines User Guide

A. Purpose. The purpose of this chapter is to comply with RCW 36.70B.070 and 36.70B.080, which require that a time frame be established to ensure applications are reviewed in a timely and predictable manner. This chapter establishes the time frame and procedures for a determination of completeness and final decision for Type II, III, IV and V reviews, except where the review involves a development agreement or a land use permit for which a development agreement is required. No time frames are established by this chapter for Type I or Type VI reviews or for the review of development agreements or land use permits for which a development agreement is required. See also, RZC 21.68.200, Shoreline Administration and Procedures.

B. 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 unless it is a Saturday, Sunday, or a day designated by RCW 1.16.050 or by the City’s ordinances as a legal holiday, in which case it also is excluded, and the time period concludes at the end of the next business day.

C. Complete Application Review Time Frame. The following procedures shall be applied to new applications to which this chapter applies, except for Wireless Communication Facilities.

1. Applications shall only be accepted during a scheduled appointment and deemed complete only when all materials are provided in accordance with the applicable application submittal requirements brochure. For applications deemed complete, a determination of completeness shall be issued. For applications deemed incomplete, a determination of incompleteness will be issued identifying the items necessary to complete the application. The applicant has 90 days to submit the required items to the City. While RCW 36.70B.070 requires that a determination of completeness or incompleteness be issued within 28 days after the application is filed, the City makes every effort to issue such determinations sooner than required, and may be able to issue a determination on the same day as the application is filed.

2. If a determination of completeness or a determination of incompleteness is not issued within the 28 days, the application shall be deemed complete at the end of the twenty-eighth (28th) day.

3. When a determination of incompleteness has been issued advising an applicant that additional items must be submitted before an application can be considered complete, the applicant shall be notified within 14 days after receipt of such additional items whether the application is then complete or whether additional items are still needed.

4. An application is complete for purposes of this section when it meets the submittal requirements established by the Administrator and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the Administrator from requesting additional information or studies either at the time of the determination of completeness or subsequently, if new information is required to complete review of the application or substantial changes in the permit application are proposed.

5. To the extent known by the City, other agencies with jurisdiction over the project permit application shall be identified in the City’s determination of completeness required by subsection C.1 of this section.

D. Application Review and Decision Time Frame. The following procedures shall be applied to new applications to which this chapter applies, except for applications for wireless communication facilities.

1. Additional Information. When additional information is determined by the Administrator to be necessary:

a. The applicant shall update and resubmit corrected information within and not exceeding 90 days from the date of the additional information notification;

b. The period may be extended by the administrator upon showing proper justification. For purpose of this extension, the applicant shall submit a written request no less than 30 days prior to the additional information expiration, RZC 21.76.090.C, Termination of Approval of Type I, II, and III Permits; and

c. Once the time period and any extensions have expired, approval shall terminate; and the application is void and deemed withdrawn.

2. Decisions on Type II, III, IV or V applications, except applications for short plat approval, preliminary plat approval, or final plat approval, applications for development agreements and applications for land use permits for which a development agreement is required, shall not exceed 120 days, unless the Administrator makes written findings that a specified amount of additional time is needed for processing of a specific complete land use application or unless the applicant and the City agree, in writing, to an extension. Decisions on short plat approval and final plat approval shall not exceed 30 days and decisions on preliminary plat approval shall not exceed 90 days. For purposes of calculating timelines and counting days of permit processing, the applicable time period shall begin on the first working day following the date the application is determined to be complete pursuant to RZC 21.76.040.C, Complete Application Review Time Frame, and shall only include the time during which the City can proceed with review of the application.

3. Appeals. The time period for consideration and decision on appeals shall not exceed:

a. Ninety days for an open record appeal hearing; and

b. Sixty days for a closed record appeal;

c. The parties may agree in writing to extend these time periods. Any extension of time must be mutually agreed upon by the applicant and the City in writing.

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

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

b. 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.

5. See also RZC 21.68.200, Shoreline Administration and Procedures.

E. 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 decision, the following periods shall be excluded:

1. Any period during which the applicant has been requested by the City to correct plans, perform required studies, or provide additional required information. 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 City determines whether the additional information satisfies the request for information or 14 days after the date the information has been provided to the City;

2. If the City determines that the information submitted by the applicant is insufficient, it shall notify the applicant of the deficiencies, and the procedures under subsection E.1 of this section shall apply as if a new request for information had been made;

3. Any period during which an Environmental Impact Statement is being prepared following a Determination of Significance pursuant to RCW Chapter 43.21C, or if the City and the applicant in writing agree to a time period for completion of an Environmental Impact Statement;

4. Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed.

F. Wireless Communications Facilities. In order to comply with Federal law and FCC guidelines, applications for the following wireless communications facilities and systems shall be finally approved, denied or conditionally approved within the following timeframes.

1. For all WCF applications, other than applications for Eligible Facilities Requests as described below, the City shall approve, deny or conditionally approve the application within the timeframes fixed by Federal or State law, unless review of such application is tolled by mutual agreement.

2. Eligible Facilities Request.

a. Type of Review. Upon receipt of an application for an Eligible Facilities Request, the City shall review such application to determine completeness.

b. Approval; Denial. An Eligible Facilities Request shall be approved upon determination by the City that the proposed facilities modification does not substantially change the physical dimensions of an eligible support structure. An Eligible Facilities Request shall be denied upon determination by the City that the proposed facilities modification will substantially change the physical dimensions of an eligible support structure.

c. Timing of Review. The City shall issue its decision within sixty (60) days of receipt of an application, unless the review period is tolled by mutual agreement by the City and the applicant or according to subsection F.2.d.

d. Tolling of the Timeframe for Review. The 60-day review period begins to run when the application is filed, and may be tolled only by mutual agreement by the City and the applicant, or in cases where the City Administrator determines that the application is incomplete. The timeframe for review is not tolled by a moratorium on the review of applications.

i. To toll the timeframe for incompleteness, the City must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application.

ii. The timeframe for review begins running again when the applicant makes a supplemental submission in response to the City’s notice of incompleteness.

iii. Following a supplemental submission, the City will notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this section. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.

e. Failure to Act. In the event the City fails to approve or deny an Eligible Facilities Request within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the City Administrator in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.

f. Remedies. Any action challenging a denial of an application or notice of a deemed approved remedy, shall be brought in King County Superior Court or Federal Court for the Western District of Washington within thirty (30) days following the date of denial or following the date of notification of the deemed approved remedy.

3. The Administrator is hereby authorized to take appropriate administrative action, such as the hiring of a special hearing examiner, as well as expedited processing of applications, review and appeals, if any, in order to meet Federal or State time limits. (Ord. 2652; Ord. 2919; Ord. 2964; Ord. 3028)

Effective on: 2/27/2021