20.09.090 Final Decision:
A. Time. The final decision on a development proposal shall be made within 120 days from the date of the notice of completeness. Exceptions to this time limit include:
1. Amendments to the Comprehensive Plan or Development Code.
2. Any time required to correct plans, perform required studies or provide additional 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 requirement or 14 days after the date the additional information has been provided to the City. If the City Zoning Administrator determines that the additional information submitted by the applicant is insufficient to resume project review, he or she shall notify the applicant of the deficiencies and the procedures under this section shall apply as if a new request for studies had been made.
3. Substantial project revisions made or requested by an applicant, in which case the 120 days will be calculated from the time that the City determines the revised application to be complete.
4. All time required for the preparation and review of an environmental impact statement.
5. Projects involving the siting of an essential public facility as provided in RCW 36.70A.200.
6. An extension of time mutually agreed upon by the City and the applicant.
7. All time required to obtain a variance.
8. Any remand to the hearing body.
9. All time required for the administrative appeal of a Determination of Significance.
10. Any period for administrative appeals of development applications, if an open record appeal hearing or a closed record appeal, or both, are allowed. The time period for considering and deciding shall not exceed: (I) Ninety days for an open record appeal hearing; and (II) sixty days for a closed record appeal. The parties to an appeal may agree to extend these time periods.
11. Projects involving the approval of a new fully contained community as provided in RCW 36.70A.350, or a master planned resort as provided in RCW 36.70A.360.
12. Any time required to ensure applicant compliance with the posting requirements pursuant to section 20.07.010.
B. Effective Date. The final decision of the Council or hearing body shall be effective on the date stated in the decision, motion, resolution, or ordinance, provided that the date from which appeal periods shall be calculated shall be the date the Council or hearing body takes action on the motion, resolution or ordinance.
C. Failure to Meet Time Limits. If the City is unable to issue its final decision within the time limits provided for in this section, the City Zoning Administrator shall provide written notice of this fact to the project applicant. The notice shall include a statement of the reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision. (Ord. 2105, 12/23/02)