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Except as otherwise provided in subsection (A) of this section, the city shall make a decision on a permit application and issue the notice of decision on a project permit application within 120 calendar days after the city notifies the applicant that the application is complete, as provided in LMC 1.35.015.

A. Exception. In determining the number of days that have elapsed after the city has notified the applicant that the application is complete, 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, pursuant to LMC 1.35.033. 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. If the city determines that the information submitted by the applicant is insufficient, it shall notify the applicant of the deficiencies and this procedure shall apply as if a new request for studies had been made;

2. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW;

3. Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed. The city shall consider and decide such appeals within 90 calendar days for an open record appeal hearing and within 60 calendar days for a closed record appeal. The parties to an appeal may agree to extend these time periods; and

4. Any extension of time mutually agreed upon by the applicant and the city.

B. Exemptions. The time limits established by subsection (A) of this section do not apply if a project permit application:

1. Requires an amendment to the comprehensive plan or a development regulation;

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

3. 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 under LMC 1.35.015.

C. Noncompliance with Time Limit. If the city is unable to issue its final decision within the time limits provided for in this section, the applicable department director shall provide written notice of this fact to the project 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. (Ord. 2071 § 1, 1996)