3066 Project Review Title 15ORDINANCE 3066
AN ORDINANCE AMENDING THE MOSES LAKE UNIFIED
DEVELOPMENT CODE (MLUDC) 15.210.070 FINAL DECISIONS
AND NOTICE OF DECISION.
Recitals:
1. Chapter 36.70B RCW, the Local Project Review Act, includes requirements that govern
the review of project permit applications by local governments, including the City of
Moses Lake
2. During the 2023 legislative session, the Washington State Legislature passed, and the
Governor signed into law, Chapter 338, Laws of 2023, (“SB 5290”)
3. SB 5290 updated the Local Project Review Act with the intent of further consolidating,
streamlining, and improving project review and permitting with an emphasis on housing
development.
4. For projects which do not require public notice under RCW 36.70B.110, the new default
timeline is that the City should issue a final decision within 65 days of the determination
of completeness;
5. For projects which require public notice under RCW 36.70B.110, the new default timeline
is that the City should issue a final decision within 100 days of the determination of
completeness.
6. For projects which require both public notice under RCW 36.70B.110 and a public
hearing, the new default timeline is that the City should issue a final decision within 170
days of the determination of completeness.
7. If the new default timelines are not met, then SB 5290 requires that a portion of the permit
fee must be refunded to the applicant unless the City has implemented at least three of the
options in RCW 36.70B.160(1)(a)-(j) at the time an application is deemed procedurally
complete.
8. Amendment to Moses Lake Unified Development Code (MLUDC) 15.210.070 Final
Decisions and Notice of Decision is required.
9. The amendments have been processed in compliance with State and Local regulations and
standards.
On January 13, 2025, the Washington State Department of Commerce Request for Review with
an Expedited Review required was transmitted
The City of Moses Lake issued a SEPA Determination of Non-Significance on January 14, 2025,
regarding this non-project action.
10. Upon due notice, the Planning Commission held a public hearing on January 30, 2025, to
consider and make recommendations on the amendments listed within the Staff Report
herein attached. At the close of the public hearing, the Planning Commission
recommended approval of the amendments be forwarded to City Council for review.
11.On January 11, 2025, the City Council held a public hearing on the Planning
Commission's recommendation on the amendments.
12. The City Council reviewed the complete record associated with all proposed amendments.
13.The City is committed to continuous process improvements with respect to the permitting
process and the systems that support that process
Document Ref: N2MAP-BFYK4-PGQAO-QYWQF Page 1 of 5
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. Amendment to Moses Lake Unified Development Code (MLUDC) 15.210.070 Final
Decisions and Notice of Decision is hereby amended to read as follows.
15.210.070 Final Decisions and Notice of Decision.
A.When Required. A written Final Decision must be made for every application. A
Notice of Decision is required for all Type II and Type III applications.
B.Timing of the Decision. A Final decision on land use applications of the shall be
issued within the following time frames after a Determination of Completeness
has been issued:
Type 1- no later then, sixtySixty-five (65) calendar days
Type 2- for type 1, one One hundred (100) calendar
Type 3- days for type 2, and one One hundred seventy (170) calendar days
Type 4- Not subject to time frame
for type 3 style permits, after the date of the Determination of Completeness,
accepting permits covered under RCW 36.70B.140. If the Applicant informs the
City, in writing, that they would like to temporarily suspend the review of the
project, or is unresponsive, or if the applicant is unresponsive after a written
additional information request by the City, for more than sixty (60) consecutive
days an additional thirty (30) days may be added to the Final decision time frame.
Annual amendments to the Comprehensive plan are not subject to these
requirements per SB 5290.7.j.
If the Department is unable to issue its final decision on an application within the
time limits provided in this section, it shall provide written notice of this fact to the
Applicant. The notice shall include a statement of reasons why the time limits
cannot be met and an estimated date for issuance of the notice of final decision. In
determining the number of days that have elapsed after the Determination of
Completeness, the following periods shall be excluded:
1.Any period between the day that the Department has notified the Applicant, in
writing, that additional information is required to further process the
application and the day when responsive information is resubmitted by the
applicant.;
2.Any period after an applicant informs the Department, in writing, that they
would like to temporarily suspend review of the project permit application until
the time that the applicant notifies the Department, in writing, that they would
like to resume the application.
3.Any period after an administrative appeal is filed until the administrative appeal
is resolved and any additional time period provided by the administrative
appeal has expired.
4.Any extension of time mutually agreed upon by the applicant and the City.
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C. Fee Collection. The portion of the fee refunded for missing
time periods shall be:
a. Ten percent if the final decision of the project
permit application was made after the applicable
deadline but the period from the passage of the
deadline to the time of issuance of the final
decision did not exceed 20 percent of the original
time period; or
a.b. Twenty percent if the period from the passage
of the deadline to the time of the issuance of the
final decision exceeded 20 percent of the original
time period.
DC. Writing Required. All Final Decisions must be in writing.
ED. Contents of a Final Decision – Type I. Final Decisions for Type I applications may
be memorialized and conveyed by the issuance of the requested permit. If the
permit is denied, then the decision shall be in writing with a short explanation or
basis for the denial, along with the rights and process for appeal, to be transmitted
directly to the Applicant.
FE. Contents of a Final Decision – Type II and Type III. Final Decisions for Type II and
Type III applications shall be in writing and contain the following information:
1. Findings of Fact;
2. Conclusions of Law; and
3. Appeal rights.
GF. Notice of Decision. Notice of a Final Decision may be the transmittal of the Final
Decision with or without a coversheet or additional information. For Type II project
permits, the Notice of Decision may be a copy of the final report, so long as the
transmittal includes any SEPA threshold determinations or Critical Area final
determinations if the project was not categorically exempt from such. For Type III
project permits, dissemination of the Hearing Examiner’s Decision shall constitute
a Notice of Decision. If any of the required contents of a Final Decision are not
included in that document, including especially the rights and process for appeal,
then this information shall be included with the transmittal of the Final Decision.
HG. Who Receives Notice of Decision. The Notice of Decision shall be provided
to:
1. The Applicant;
2. Any government agency that commented or requested notice;
3. Any person who testified at the hearing or who provided substantive written
comments on the application during the public comment period; and
4. Any persons who, prior to the rendering of the decision, requested a Notice of
Application or Notice of Decision.
HI. Other Requirements. The Notice of Decision shall provide notice of the decision
that also includes a statement of any threshold determination made under 43.21C
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RCW (SEPA), and procedures for administrative appeal, if any.
IJ. Effective Date of Decision. The effective date of the Final Decision is date on which
the Notice of Decision was placed in the mail or sent electronically, whichever is
earlier.
KJ. Reconsideration of Hearing Examiner Decision.
1. A party of record, including the City, may petition for reconsideration of a Final
Decision issued by the Hearing Examiner in writing. The petition must be
submitted to the Department within fourteen (14) calendar days of the Notice
of Decision. The petition shall provide facts and arguments to establish the
applicability of one or more of the following:
a. Irregularity in the proceedings by which the moving party was prevented
from having a fair hearing;
b. Newly discovered evidence of a material nature which the moving party
applying for reconsideration could not have discovered and produced at the
hearing with reasonable diligence;
c. Errors in law or clear mistakes as to a fact that is material to the decision.
2. The Department shall forward the request for reconsideration to the Hearing
Examiner and notify all parties of record of the request for reconsideration.
3. Within fourteen (14) calendar days from the date the Hearing Examiner
receives a request for reconsideration, the Hearing Examiner shall issue a
written notification that the request has been denied or granted.
4. Prior to the Hearing Examiner issuing a decision on a request for
reconsideration, the Hearing Examiner may convene a hearing, allow for
comment, or continue a proceeding in such a manner as the Hearing Examiner
determines appropriate to ensure a fair, timely, and reasoned decision.
5. The Hearing Examiner’s decision on a request for reconsideration is not subject
to a request for reconsideration and shall be a final decision of the City.
6. If a timely request for reconsideration is filed, the time for appeal shall not
commence to run until the issuance of a written decision denying or granting a
request for reconsideration.
Section 2. Severability. If any section of this ordinance is found to be unconstitutional or invalid
as written or as applied to any particular person or circumstances, no other section of
the ordinance shall be deemed to be invalid, but rather, should be deemed to have
been enacted independently and without regard to the section affected.
Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days after its
passage and publication of its summary as provided by law.
Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on
February 11, 2025.
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________________________________________
Dustin Swartz, Mayor
ATTEST:
________________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM:
__________________________________
Katherine L. Kenison, City Attorney
Martinez Swartz Myers Fancher Madewell Lombardi Skaug
Vote: Aye Aye Aye Aye Aye Aye Aye
Date Published:
Date Effective:
February 18, 2025
February 23, 2025
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REF. NUMBER
N2MAP-BFYK4-PGQAO-QYWQF
DOCUMENT COMPLETED BY ALL PARTIES ON
14 FEB 2025 16:36:43 UTC
SIGNER TIMESTAMP SIGNATURE
MAYOR DUSTIN SWARTZ
EMAIL
DSWARTZ@CITYOFML.COM
SENT
12 FEB 2025 19:19:07 UTC
VIEWED
12 FEB 2025 20:43:41 UTC
SIGNED
12 FEB 2025 20:43:54 UTC
IP ADDRESS
74.82.240.250
LOCATION
MOSES LAKE, UNITED STATES
RECIPIENT VERIFICATION
EMAIL VERIFIED
12 FEB 2025 20:43:41 UTC
DEBBIE BURKE
EMAIL
DBURKE@CITYOFML.COM
SENT
12 FEB 2025 19:19:07 UTC
VIEWED
13 FEB 2025 00:12:22 UTC
SIGNED
13 FEB 2025 00:12:37 UTC
IP ADDRESS
63.135.54.162
LOCATION
MOSES LAKE, UNITED STATES
RECIPIENT VERIFICATION
EMAIL VERIFIED
13 FEB 2025 00:12:22 UTC
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REF. NUMBER
N2MAP-BFYK4-PGQAO-QYWQF
DOCUMENT COMPLETED BY ALL PARTIES ON
14 FEB 2025 16:36:43 UTC
SIGNER TIMESTAMP SIGNATURE
KATHERINE KENISON
EMAIL
KKENISON@BASINLAW.COM
SHARED VIA
LINK
SENT
12 FEB 2025 19:19:07 UTC
VIEWED
14 FEB 2025 16:36:19 UTC
SIGNED
14 FEB 2025 16:36:43 UTC
IP ADDRESS
66.243.234.211
LOCATION
ELLENSBURG, UNITED STATES
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