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HomeMy WebLinkAboutOrdinance 2025-06 Amend EWMC Title 19City of East Wenatchee, Washington Ordinance No. 2025-06 An Ordinance of the City of East Wenatchee amending EWMC Section 19.02 Project Permit Applications, 19.03 Application Process, 19.05 Final Decision Process, and 19.11.170 Definitions, containing a severability clause, and establishing an effective date. Una Ordenanza de la Ciudad de East Wenatchee que enmienda las Secciones 19.02 Solicitudes de Permisos de Proyecto, 19.03 Proceso de Solicitud, 19.05 Proceso de Decision Final y 19.11.170 Definiciones de EWMC, que contiene una clausula de divisibilidad y establece una fecha de vigencia. 1. Alternate format. 2.7. Para leer este documento en otro formato alternativo (espanol, Braille, leer en voz alta, etc.), comuniquese con la administradora municipal al alternatformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY). l.^.To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY). 2. Recitals. ^.-?. The City of East Wenatchee ("City") is a non-charter code city, duly incorporated and operating under the laws of the State of Washington. ^.^. During its 2023 regular session, the Washington State Legislature adopted Second Substitute Senate Bill 5290 which requires all jurisdictions to amend their development permit procedures consistent with the amended language in the bill. 3. Authority. 3.1 ROW 35A. 11.020 and ROW 35A. 12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. J.^RCW 35A.63.100 authorizes the City Council to adopt ordinances establishing procedures for administration of permits for the use and subdivision of land within the City. 4. Purpose. The purpose of this ordinance is to amend EWMC Section 19.02 Project Permit Applications, 19.03 Application Process, 19.05 Final Decision Process, and 19.11.170 Definitions. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: City of East Wenatchee Ordinance 2025-06 and Exhibit A Page i of 4 5. Amendments. The City Council amends EWMC Section 19.02 Project Permit Applications, 19.03 Application Process, 19.05 Final Decision Process, and 19.11.170 Definitions as set forth in Exhibit A. 6. Findings of Fact and Conclusions of Law. The City Council adopts the Recitals stated above as well as the findings of fact and conclusion of law as set forth below. ^.^. FINDINGS OF FACT 6.1.1. The proposal will be applicable to all applications related to building, land use and subdivision of land on properties within the City of East Wenatchee. 6.1.2. ROW 36.70B establishes procedures and project permit review requirements that local governments must include in their ordinances governing administration of project permit applications. 6.1.3. The City Council held a workshop on April 17, 2025, to review and discuss the proposed amendments. 6.1.4. Pursuant to WAC 197-11-800(19) Procedural Actions, the adoption of amendments to Title 19 Administration of Development Regulations is categorically exempt from a SEPA threshold determination. 6.1.5. East Wenatchee Municipal Code Title 19 is a procedural code and therefore amendments to this title are not subject to the sixty-day state agency notice requirements in RCW 36.70A.106. 6.1.6. East Wenatchee Municipal Code Title 19 is a procedural code and therefore amendments to this title are not subject to review by the City's planning agency under EWMC 2.30 or ROW 35A.63. 6.1.7. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated by this reference. ^.^.CONCLUSIONS 6.2.1. The proposed amendments have been processed in a manner consistent with the requirements of the Revised Code of Washington and the Washington Administrative Code. 6.2.2. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated by this reference. 7. SeverabiUty. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. 8. Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. The City of East Wenatchee Ordinance 2025-06 and Exhibit A Page 2 of 4 City Council directs the City Clerk to publish a copy of this Ordinance on the City's website. 9. Effective Date. This Ordinance becomes effective immediately. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 3rd day of June, 2025 The City of East Wenatchee, Washington Jerrilea Cr^wford (Jun 18.2025 U;06 liDT) Jerrilea Crawford, Mayor Authenticated^^^^. Anna Laura LeonT^ity Clerk Approved as to form only:^fe: Robert R. Siderius, City Attorney Filed with the City Clerk: 05-27-2025 Passed by the City Council: 06-03-2025Published: 06-07-2025Effective Date: 06-12-2025 City of East Wenatchee Ordinance 2025-06 and Exhibit A Page 3 of 4 Siunmaryof City of East Wenatchee, Washington Ordinance No. 2025-06 On the 3rd day of June, 2025, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2025-06, the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee amending EWMC Section 19.02 Project Permit Applications, 19.03 Application Process, 19.05 Final Decision Process, and 19.11.170 Definitions, containing a severability clause, and establishing an effective date. The full text of this Ordinance will be mailed upon request. Dated this 3rd day of June, 2025. ^^, Anna Laura/Leon, City Clerk City of East Wenatchee Ordinance 2025-06 and Exhibit A Page 4 of 4 Chapter 19.02 PROJECT PERMIT APPLICATIONS Sections: 19.02.010 Exemptions from permit processing. 19.02.020 Determination of proper procedure type. 19.02.030 Project permit application framework. 19.02.040 Permits issued pursuant to Chapter 90.58 RCW, Shoreline Management Act. 19.02.050 Administrative interpretation. 19.02.010 Exemptions from permit processing. A. State Authority. Chapter 36.70B RCW allows local government to exclude certain project permits from procedure and time limit requirements. B. The following approvals are specifically excluded from the procedures set forth in this title: 1. Landmark designations; 2. Street vacations under Chapter 35.79 RCW; 3. Street use permits; 4. Other approvals relating to the use of public areas; 5. Other project approvals, whether administrative or quasi-judicial, that the city council has determined by resolution present special circumstances that warrant a different review process. C. Type I permits as identified in EWMC 19.02.030 are excluded from the following permit processing procedures: 1. Written determination of completeness (EWMC 19.03.030); 2. Notice of application (EWMC 19.03.040); 3. Optional consolidated project permit review processing (EWMC 19.02.020(B)); 4. Joint public hearings (EWMC 19.04.010); 5. Single report stating all decisions and recommendations made as of the date of the report that do not require open record hearing; 6. Notice of decision 19.02.020 Determination of proper procedure type. For the purpose of project permit processing, all development permit applications not exempted under EWMC 19.02.010 shall be classified as one of the following: Type I, Type II, Type IIIA/B, or Type IV. A. The community development director or his/her designee, hereafter referred to as director, shall determine the proper procedure for all development applications. Questions concerning the appropriate procedure shall be resolved in favor of the higher numbered procedure. Exhibit A B. Consolidated Application Process. 1. When more than one application for a proposed development is required, the applicant may elect to have all applications submitted for review at one time. 2. Applications for a proposed development and planned actions subject to the provisions of the State Environmental Policy Act (SEPA) shall be reviewed concurrently and in accordance with state and local laws, regulations and ordinances. 3. When more than one application is submitted under consolidated review and the applications are subject to different types of review procedure, all of the applications for the proposed development shall be subject to the highest level of review which applies to any of the applications. 4. If an applicant elects a consolidated application process, the determination of completeness, the notice of application, and the notice of final decision must include all applications being reviewed. 19.02.030 Project permit application framework. Type I Limited Admin Type II Full Admin Type IIIA Quasi-Judicial Type IIIB Quasi-Judicial Type IV Legislative Boundary line adjustment Binding site plan Critical areas reasonable use Site-specific zoning map amendment Comprehensive plan amendment Building permits for residential structures (4 d u or less) Critical areas permit Conditional use permit Development regulation text amendment Commercial or industrial building permits for renovation (no change of occupancy,no SEPA)Building permits for accessory structures (no SEPA) Building permits for commercial or industrial structures Preliminary plat, plat alterations, plat vacations Area-wide rezone Building permits for accessory structures (no SEPA) Other minor building permits (i.e., demolition, gas appliances, fuel tank, mechanical) Building permits for residential structures (5 du or more) Planned unit development, major PUD amendment Exhibit A Type I Limited Admin Type II Full Admin Type IIIA Quasi-Judicial Type IIIB Quasi-Judicial Type IV Legislative Qtherjnjnpr building permits (i.e., demolition, gas appliances, fuel tank, mechanical) SWR- Building permits for accessory structures (with SEPA) Variance Unit Lot Subdivisions -_ more than 9 lots Sign permit Addressing Final plat approval Variance Addressjn.q Home occupation permit Short plat - preliminary/final Unit Lot Subdivisions - 9 lots or less Wireless communication facility not requiring CUP Type I Limited Admin Type II Full Admin Type IDA Quasi-Judicial Type IIIB Quasi-Judicial Type IV Legislative Decision made by: Director Director Hearing examiner City council City council Open record public hearing No No Yes Yes, held by planning commission Yes, held by planning commission Appeal of administrative decisions: 14 days from the date of the final decision No Open record appeal hearing to hearing examiner No No No Land use permit appeals: 21 days from the date of the final decision via Land Use Petition Act Growth management appeal: 60 days from the date of the final decision Exhibit A Type I Limited Admin Type II Full Admin Type IIIA Quasi-Judicial Type IIIB Quasi-Judicial Type IV Legislative Superior court Superior court Superior court Superior court Growth Management Hearings Board Exhibit A Sections: 19.03.010 19.03.020 19.03.030 19.03.040 19.03.050 19.03.060 19.03.070 19.03.0780 Chapter 19.03 APPLICATION PROCESS Preapplication conference. Application submittal. Determination of completeness. Notice of application. Agency referral. Exemption from site plan review .Consistency with development regulations and SEPA. Vesting of project permit applications. 19.03.010 Preapplication conference. A. All prospective applicants for Type II and Type III project permit applications shall participate in a preapplication conference prior to submitting the application to the city. The community development director has the authority to waive the requirement for a preapplication conference for certain Type II applications based on size and/or impact. B. The purpose of the preapplication conference is to: 1. Assist applicants to prepare a code-compliant project permit application; 2. Eliminate the city's need to request additional information that causes resubmittals, resubmittal fees, and further city review; and 3. Reduce time frames for approval of project permit applications by expeditious issue resolution through one-on-one collaboration between applicants and city/agency staff. C. The preapplication conference provides an opportunity for the applicant, staff and other agencies to informally discuss and review the proposed development, the application and permit requirements, fees, the review process and schedule, and applicable development standards, plans, policies and regulations. D. The preapplication conference shall take place at the city's offices unless another location is agreed upon by the city and the applicant. The length of the conference shall be determined by the complexity of the proposed project. E. The city will prepare and maintain a written summary of the preapplication conference, including a list of any specific documents, information, legal descriptions or other requirements that must be submitted in addition to the requirements of the application. F. Failure of any agency to provide information shall not constitute a waiver of any of the standards, criteria or requirements for an application. Any discussion at the preapplication conference is for the purpose of acquainting the applicant with the known requirements for a preliminary design and/or proposal. As a result, the discussions shall not bind the city in any manner or prevent the city's future enforcement of all applicable codes, plans and regulations. G. Review of a project proposal at a preapplication conference does not vest the project. Vesting only occurs at the time an application is determined to be complete as evidenced by a written notice of complete application issued by the city as described below. Exhibit A 19.03.020 Application submittal. A. Application Forms. 1. Each application form shall, at a minimum, include the following: a. The application shall be filled out legibly, in blue or black ink, either hand printed or typewritten; b. The name, mailing address, email address, and telephone number of each applicant; c. The name, mailing address, email address, and telephone number of the applicant's representative, if any; d. The name, mailing address, email address, and telephone number of each owner of the subject property, if different than the applicant(s); e. The name, mailing address, email address, telephone number and contractor registration number of all contractors or design professionals, if any; f. The parcel number and legal description for each parcel which is the subject of the proposed development; g. The original signatures of each applicant and each property owner if different than the applicant(s); h. Any other information, documents or materials, as determined by the city, which may be required in the body of the form or by attachment to the form or as indicated in a preapplication conference, e.g., a narrative description of the project, including a site plan as applicable. 2. Each application form shall require designation of a single person or entity to receive determination and notices required under this code. Where a determination or notice to the applicant is required by this code, "applicant" shall mean the person or entity so designated. B. Applications shall be made using the appropriate form provided by the city of East Wenatchee. An application shall consist of all materials required by the applicable development regulations for the specific permit(s) sought. 19.03.030 Determination of completeness. A. Within 28 calendar_days after receiving a project permitthe application, the city shall complete an initial review to determine whether the application has all of the necessary components to review and issue a decision. The city will mail, or provide in person, a written determination of complete or incomplete application. The application packet shall be determined procedurallv complete if the city does not provide a written determination within the 28-day period. B. An application shall be determined complete only when it contains all of the following information and materials: 1. A fully completed and signed application; 2. Applicable review fees; 3. All information and materials required by the application form; Exhibit A 4. A fully completed and signed environmental checklist for projects subject to review under the State Environmental Policy Act; 5. A plot plan disclosing all existing and proposed structures and features applicable to the desired development; for example, parking, landscaping, preliminary drainage plans with supporting calculations, signs, setbacks, etc.; 6. Preliminary engineering for streets and utilities, if applicable; 7. Any information required by the city's shoreline or critical areas regulations; 8. Any additional information and materials identified at the preapplication conference; 9. Information specified for the desired project in appropriate title of the EWMC, state or federal law; 10. Any supplemental information or special studies identified by the city. C. For applications determined incomplete, the city shall identify, in writing, the specific requirements, information and materials necessary to constitute a complete application. Failure to submit the requested information within 90 calendar days of the determination of incomplete will result in a null and void application with no refund of the filing fees. The director has the ability to extend the 90-day deadline if the applicant contacts the city prior to the deadline and provides a date by which the information will be submitted. Within 14 calendar days after the city receives the materials identified in the notice of incomplete application, the city shall issue a determination of completeness or identify the materials that are still necessary for a complete application. D. A determination of completeness shall identify, to the extent known, other local, state or federal agencies that may have jurisdiction over some aspect of the application. E. A determination of completeness shall not preclude the city from requesting additional information or studies if new information is required or a change in the proposed development occurs. 19.03.040 Notice of application. A. Within 14 calendai_days after issuing a determination of completeness for a project permit application, the city shall issue a notice of application. If an open record predecision hearing is required for the application, the notice of application shall be issued at least 15 calendar days prior to the hearing. The notice shall include, but not be limited to, the following: 1. The date of the application, the date of the determination of completeness, and the date of the notice of application. 2. A description of the proposed project action, a list of permits required for the application and, if applicable, a list of any studies requested. 3. The identification of other required permits not included in the application, to the extent known by the city. 4. The identification of existing environmental documents which evaluate the proposed development and the location where the application and any studies can be reviewed. Exhibit A 5. A statement of the public comment period, which shall be 14 calendar days following the date of the notice of application, and a statement of the right of any person to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision, once made, and a statement of any appeal rights. 6. The date, time, location and type of hearing, if applicable, which has been scheduled as of the date of the notice of application. 7. A statement of the preliminary determination, if one has been made at the time of the notice of application, of those development regulations which will be used for project mitigation and of consistency with the type of land use of the proposed site, the density and intensity of the proposed development, infrastructure necessary to serve the development, and the character of the development. 8. Any other information determined by the city to be appropriate. B. Informing the Public. 1. Type II Administrative Project Applications. The subject property shall be posted as follows: a. A single notice board shall be placed by the applicant at the midpoint of the property street frontage where it is completely visible to vehicular and pedestrian traffic or as otherwise directed by the city. Signs shall remain posted and in good repair throughout the entire comment period. b. In cases where the subject property has multiple street frontages, is not located on a public street, or there are other visibility concerns, the community development director has the ability to require additional notice requirements including, but not limited to, additional signage and mailed notices. 2. Type III (A and B) Quasi-Judicial Applications. A written notice of application shall be mailed to all property owners, according to the county assessor's records, within 300 feet of the subject property. Three hundred feet is the minimum notice distance. This distance may be increased by the community development director in situations where the size or nature of the project or property configurations (i.e., large lots) is such that 300 feet will not provide reasonable and meaningful notice to the public. C. Comment Period. The public comment period following the issuance of a notice of application shall be 14 calendar days. D. Pursuant to RCW 36.70B.110(6), except for a determination of significance, the city may not issue a threshold determination until after the expiration of the comment period on the notice of application. 19.03.050 Agency referral. Within 14 calendar days of issuing a determination of completeness the department shall transmit a copy of the application to each affected city department, utility and government agency for review and comment, including those responsible for determining compliance with state and federal requirements. There shall be a 14-day comment period on the application. The department, utility or agency is presumed to have no comments if comments are not received within the 14-day period. The director has the ability to grant an extension of time to this comment period. Exhibit A Additional agency referral periods may be necessary in circumstances where the applicant significantly changes the design of the project which affects agency comments. The community development director shall make the determination if a project change necessitates an additional agency referral. 19.03.060 Exemption from site plan review Project permits for interior alterations only are exempt from a site_E?lan review provided that_the interior alterations do not result in the following: A. Additional sleeping Quarters or bedrooms; B, _Nonconformity with federal emergency management agency substantial improvement thresholds; C. Increase the total square footage or valuation of the structure which reauires upgraded fire access or fire suppression systems 19.03.0€70 Consistency with development regulations and SEPA. A. Determination of Consistency. Review of an application and proposed development shall be governed by and be consistent with the fundamental land use planning policies and choices which have been made in the adopted comprehensive plan and development regulations. The review process shall consider the type of land use permitted at the proposed site, the density and intensity of the proposed development, the infrastructure available and needed to serve the development, the character of the development and its consistency with development regulations. In the absence of applicable development regulations, the applicable development criteria in the comprehensive plan or subarea plan adopted under Chapter 36.70A RCW shall be determinative. B. Environmental Review. 1. Project permit applications and development proposals subject to the provisions of the State Environmental Policy Act (SEPA) shall be reviewed in accordance with the policies and procedures contained in the city's SEPA ordinance and as required by the State Environmental Policy Act. 2. SEPA review shall be conducted concurrently with development project review. 19.03.0780 Vesting of-pfe^eGt permit applications. The purpose of this section is to identify certain points in the land use approval process at which an applicant's rights become "vested." Vested rights are defined as the guarantee that an application will be reviewed and a project can be developed (if a permit is issued) under regulations and procedures existing at one moment in time and regardless of changes that may have been made later and prior to final completion of a project or use. A. Decision Criteria. 1. Building Permits. a. Unless otherwise specified in this chapter, a building permit application shall be vested against enforcement of an ordinance implementing a change in the city's development regulations if a complete application is submitted to the city prior to the effective date of the ordinance. A vested right shall not arise by virtue of an application for a conditional use permit, variance, comprehensive plan amendment, development regulation amendment, annexation or any other project permit application submitted prior to the application of the building permit. Exhibit A b. An applicant must specifically identify a proposed land use or uses in the building permit application as the intended use of the proposed structure in order to vest the right to engage in a specific land use against an ordinance implementing a change in permitted land uses. Building permit applications which do not specifically identify the proposed use of the proposed structure shall not vest a right to engage in a specific land use against an ordinance prohibiting the use. Applications which depict a structure clearly appropriate for only a single land use shall be deemed to satisfy the requirements of identifying the proposed use. 2. Project Permit Applications for the Subdivision of Land. An application for approval of a short subdivision, major subdivision or binding site plan shall be vested against enforcement of an ordinance implementing a change in the city's development regulations, at the time of a determination of completeness in accordance with EWMC 19.03.030. 3. Project Permit Applications Subject to Chapter 90.58 RCW, Shoreline Management Act. An application for a shoreline permit, but not a building permit, shall be vested against enforcement of an ordinance implementing a change in shoreline regulations set forth in the East Wenatchee shoreline master program if a complete application in accordance with EWMC 19.03.030 is submitted prior to the effective date of the ordinance. Shoreline permit applications that also require a building permit are governed by this subsection A. 4. Certain Regulatory Authority Not Affected. A project permit application may be denied or approved with conditions under the authority of the city to protect and enhance the public safety, health and welfare, and under the State Environmental Policy Act (SEPA) and the city of East Wenatchee's SEPA regulations and policies as of the date of vesting, notwithstanding the fact that the applicant has attained a vested right against enforcement of an ordinance implementing changes in regulations, codes or procedures affecting that land use action. 5. Complete Application. For Type I permit applications, a "complete application" means an application which contains all required information and signatures, and which is accompanied by all fees required to be submitted with the application pursuant to the East Wenatchee Municipal Code, or any formal written rule or procedure adopted by and in force in the city. For Types II and III permit applications, a "complete application" means a written determination of completeness in accordance with EWMC 19.03.030 has been issued. B. Termination of Vested Rights. 1. Vesting rights are not selectively waivable. An applicant may voluntarily waive their vesting rights provided they agree in writing that the project will comply with all development regulations in effect on a different date certain agreed to between the applicant and the community development director. 2. For any project permit application that has acquired vested rights, those rights shall terminate if the application expires or is withdrawn. 3. If a project permit application is amended or redesigned to such an extent that a new determination of completeness is required, then vesting for the project shall reset to the date of the new determination of completeness. Exhibit A 4. Building Permits. The vested rights of a building permit shall continue until either the permit expires or final occupancy is granted. 5. Subdivisions of Land. a. Plats. The lots in a final plat may be developed by the terms of the approval of the final plat, and the development regulations in effect at the time the preliminary plat was deemed complete for a period specified in RCW 58.1 7.170, unless the city council finds that a change in conditions creates a serious threat to the public health, safety or welfare. b. Short Plats and Binding Site Plans. The lots in a short plat or binding site plan may be developed by the terms of final approval and the development regulations in effect at the time the application was deemed complete for a period of five years from the recording date, unless the city council finds that a change in conditions creates a serious threat to public health, safety or welfare. Exhibit A Chapter 19.05 FINAL DECISION PROCESS Sections: 19.05.010 Final decision process. 19.05.010 Final decision process. A. The city will strive to issue a written notice of final decision on an application within the follpwingjjmeframes. This section shall apply to project permits as defined in EWMC 19.11.170. reviewed pursuant to either a Type II administrative or a Type IIIAquasi-judicial review process within 120 days after the date a complete application is submitted pursuant to EWMC 19.03.030. 1. Within 65 calendar days after the date a complete application is submitted for Type I permits. 2. Within 100 calendar days after the date a complete application is submitted for Type II permits 3. Within 170 calendar days after the date a complete application is submitted for Type IIIA permits. B. In determining the number of days that have elapsed, the following periods shall be excluded: 1. Any period during which the applicant has been requested in writing 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 for additional information to the applicant to the date that the applicant resubmits all of the requested information. a. If an applicant is not responsive for more than 60 days after the city has notified the applicant, in writing, that additional information is required to further process the application, an additional 30 days may be added to the time period for the city to issue a notice of final decision. The written notice that additional information is requested shall include a notice that nonresponsiveness for 60 consecutive days may result in 30 days being added to the time for review. 2. Any period during which an environmental impact statement (EIS) is being prepared following a determination of significance pursuant to Chapter 43.21 C RCW. 3. Any extension of time mutually agreed upon by the applicant and the city. 4. Any time that the applicant informs the citv.in writinfl, that the applicant would like to temporarily suspend the review. If the applicant suspends the review for more than 60 days, the city may add an additional 30 days to the time period for the city to issue a notice of final decision. 5. Any time after an administrative appeal is fijed until the administrative appeal is resolved and any additional time provided by the administrative appeal has expired. C6. The time limit listed in subsection A of this section does not apply if an application: Exhibit A 1. Is for, or requires, an amendment to a comprehensive plan or development regulation. 2. Requires the siting of an essential public facility, as provided in Chapter 36.70A RCW and as may be hereafter amended. 3. 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 complete revised project application is submitted pursuant to EWMC 19.03.030. DG. If the city is unable to issue its final decision within the time limits provided for in this section, it shall do the followinQ: l__pProvide 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 affinal decision. 4-2.Refund a portion of the permit fees in accordance with RCW 36.70B(1)(I). E8. In accordance with state law, the city is not liable for damages which may result from the failure to issue a timely notice affinal decision. FE. Notice of Final Decision. The notice shall include: a statement of any threshold decision made under Chapter 43.21 C RCW; a statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation; a statement of the appeals process; and a link to where the decision can be found on the city's website. GR Method of Notice. The notice affinal decision shall be provided in the following manner: 1. Mailed to: a. The applicant(s) and the property owner(s) if different; b. Any person who prior to issuance of the decision requests to receive the notice of final decision or has made substantive comment during the permit review process. 2. Posted on the city's website. 3. Mailed to the property owners who received notice of the public hearing pursuant to EWMC19.04.020(B)(3)(b). 4. Transmitted to the Douglas County assessor's office. Exhibit A 19.11.170P Definitions "Project permit" means any land use or environmental permit or license required from the city for a project action including, but not limited to, building permits, boundary line adjustments, sign permits, binding site plans, critical areas permits, home occupation permits, subdivisions, conditional use permits, planned unit developments, variances, shoreline permits (exemptions, substantial development, conditional use, variance). Comprehensive plan amendments, rezones and development regulations amendments are not considered project permits. Exhibit A RRS signed Resolution 2025-06 Amend EWMC Title 19 Final Audit Report 2025-06-18 Created: 2025-06-18 By: City Clerk (cityclerk@eastwenatcheewa.gov) Status: Signed Transaction ID: CBJCHBCAABAAsuHOzbOMkGGgBNShwDY8uLjZ-Wa8zKvb "RRS signed Resolution 2025-06 Amend EWMC Title 19" History Q Document created by City Clerk (cityclerk@eastwenatcheewa.gov) 2025-06-18 - 2:46:35 AM GMT C-^. Document emailed to jerrilea Crawford (jcrawford@eastwenatcheewa.gov) for signature 2025-06-18 - 2:46:40 AM GMT Q Email viewed byjem'lea Crawford (jcrawford@eastwenatcheewa.gov) 2025-06-18 - 7:05:29 PM GMT ^Q Document e-signed byjerrilea Crawford O'crawford@eastwenatcheewa.gov) Signature Date: 2025-06-18 - 7:06:26 PM GMT - Time Source: server 0 Agreement completed. 2025-06-18 - 7:06:26 PM GMT Adobe Acrobat Sign