Chapter 155 – PROCESS III

Sections:

155.05 User Guide

155.10 Decision To Be Made Using Process IIA or IIB

155.12 Pre-Submittal Meeting

155.15 Applications

155.17 Determination of Completeness of Application

155.18 Voiding of Application Due to Inactivity

155.20 Compliance with SEPA

155.22 Notice of Application

155.25 Official File

155.30 Notice of Hearing

155.35 Staff Report

155.45 Open Record Hearing

155.50 Electronic Sound Recording

155.55 Burden of Proof

155.60 Participation at the Hearing

155.65 Continuation of the Hearing

155.70 Recommendation by the Planning Commission

155.75 Distribution of Planning Commission’s Report Recommendation

155.85 Challenge to the Planning Commission’s Recommendation

155.90 City Council Action

155.100 Action and Jurisdiction of the Houghton Community Council

155.105 Notice of Decision

155.110 Judicial Review

155.115 Lapse of Approval

155.120 Bonds

155.125 Complete Compliance Required

155.130 Time Limits

155.05 User Guide

Various places of this code indicate that certain developments, activities or uses are permitted only if approved using Process III. This chapter describes how Process III works.

If you are interested in obtaining approval for something through Process III or if you wish to participate in a decision that will be made using this process, you should read this chapter. However, this chapter only applies if another provision of this code specifically states that a decision will be made using Process III. Please review KMC Title 20 for additional information regarding the City’s processing of project permits.

In addition, please refer to KZC 155.10 to see if that section applies.

155.10 Decision To Be Made Using Process IIA or IIB

1. General – If the City Council determines that the waiting time for a public hearing before the Planning Commission is too long, or if it is otherwise in the best interests of the residents of the City, the Council may, by resolution, order that certain categories of decisions that would normally be made using Process III be made using either Process IIA or Process IIB instead. This resolution must specify which Process, IIA or IIB, will be used and the duration of the effect of the resolution.

2. Effect – Any application received by the Planning Department for a decision that is within a category specified in a current resolution to be decided upon using Process IIA or Process IIB will be processed and decided upon through Process IIA or IIB, described respectively in Chapters 150 and 152 KZC.

155.12 Pre-Submittal Meeting

1. General – Before applying for a permit or approval under this chapter, the applicant shall attend a pre-submittal meeting with the Planning Official consistent with the provisions of this section.

2. Scheduling – The Planning Department will arrange a time for the pre-submittal meeting as soon as is reasonably practicable after the meeting is requested by the applicant.

3. Purpose – The purpose of the pre-submittal meeting is for the Planning Official to provide information to the applicant regarding what information needs to be submitted for a complete application.

4. Time Limits – The City will not accept an application under this chapter unless the applicant attended a pre-submittal meeting under this section, regarding the proposal for which application is made, within the six months immediately prior to the date the application is submitted.

155.15 Applications

1. Who May Apply – Any person may, personally or through an agent, apply for a decision regarding property he/she owns. In addition, any person may apply for a decision under this chapter if this is authorized by another provision of this code, regardless of whether the decision applies to property owned by the applicant.

2. How To Apply – The applicant shall file the following information with the Planning Department:

a. A completed application, with supporting affidavits, on forms provided by the Planning Department.

b. Public notice materials, including:

1) Address labels containing the names and addresses of the owners of all property, including the subject property, within 300 feet of any boundary of the subject property; the labels must be no more than six months old.

2.   Address labels marked “resident” or “tenant” for all addresses located:

a) On the subject property, and

b) Adjoining to the subject property.

3) A copy of the King County Assessor’s Map identifying the properties specified in subsections (2)(b)(1) and (2)(b)(2) of this section.

Provided, that if the notice of application distributed pursuant to KZC 152.22(2)(a)(1) and (2)(a)(2) will be provided in summary form, the above public notice materials are not required of the applicant.

c. A vicinity map showing the subject property and all property within 400 feet of any boundary of the subject property.

d. Any information or material that is specified in the provision of this code that describes the applied for decision.

e. Any additional information or material that the Planning Official specified at the pre-submittal meeting.

f. Any additional information or material which must be submitted in order to have a complete application under KMC Title 20.

3. Fee – The applicant shall submit the fee established by ordinance with the application.

155.17 Determination of Completeness of Application

1. General – Within 28 calendar days after the date of submittal of the application, the Planning Official shall mail to the applicant, or provide in person to the applicant, a written determination of whether the application is complete, and, if the application is not complete, what must be submitted by the applicant in order for the application to be complete. In this written determination, the Planning Official shall also identify, to the extent known to the City, the other agencies of local, state or federal government that may have jurisdiction over some aspect of the proposed development activity. The Planning Official may also include other information with this determination that will assist in the review and decision upon the application.

2. Standard for Determining Completeness – An application is complete for purposes of this section when it contains the information required by KZC 155.15 and is sufficient for continued processing even though additional information may be required or modification of the proposal may be subsequently undertaken. A determination of completeness under this section does not preclude the City from requesting additional information or studies either at the time of providing the written determination of completeness or subsequently if new information is required.

3. Review of Additional Information – The Planning Official shall provide a written determination under subsection (1) of this section within 14 calendar days of the date the applicant submits additional information required under this section.

4. Application Considered Withdrawn – Unless the notice specifying additional information to be submitted for a complete application establishes a longer period, the application will be considered withdrawn for all purposes if the applicant has not submitted the required information to the City within 90 calendar days after the date of the notice or, if applicable, after any extension granted in writing by the Planning Director. The Planning Director may grant an extension if, based on information submitted by the applicant with the request for the extension, the Planning Director concludes that the applicant is making reasonable progress toward submitting the required information.

155.18 Voiding of Application Due to Inactivity

An application for a decision under this chapter, for which approval has not yet been granted, may be canceled for inactivity if an applicant fails to respond to any Department’s written request for revisions, corrections, or additional information within 60 days of the request. The Planning Official may extend the response period beyond 60 days if within that time period the applicant provides and subsequently adheres to an approved schedule with specific target dates for submitting the full revisions, corrections, or other information needed by the requesting Department.

155.20 Compliance with SEPA

The State Environmental Policies Act (Chapter 43.21C RCW) applies to some of the decisions that will be made using this chapter. The Planning Official shall evaluate each application and, where applicable, comply with SEPA and with state regulations and City ordinances issued under the authority of SEPA. See KMC 24.02.105 regarding consolidation of certain appeal hearings under SEPA with the hearing required under this chapter.

155.22 Notice of Application

1. Contents – The Planning Official shall prepare a notice of each application containing the following information:

a. The street address of the subject property, or if this is not available, a locational description in nonlegal language along with a vicinity map that identifies the subject property.

b. The date of application.

c. The date of the notice of completeness under KZC 155.17.

d. The date of this notice.

e. A description of the proposed development activity and the decision that will be made under this chapter; a list of the permits and approvals included in the application; and an identification of other necessary permits not included in the application to the extent known by the City.

f. A list of any studies requested by the City pertinent to the application.

g. Identification of existing environmental documents that evaluate the proposed development activity.

h. The location where the official file may be examined.

i. The time limit, which will not be less than 18 calendar days nor more than 30 calendar days after the date of the notice, for submitting comments to the Planning Official, which the Planning Official shall consider prior to making a recommendation on the application.

j. Information regarding how to request a copy of the decision once it is made.

k. General information regarding how to appeal decisions made under this chapter.

l. A statement of any preliminary determination, if any, made by the Planning Official at the time of the notice regarding the development regulations that the Planning Official will propose as mitigation of project impact and the consistency of the proposed development activity with those development regulations.

m. The name of the applicant.

2. Distribution

a. Not more than 10 calendar days after the Planning Official determines that the application is complete, and at least 18 calendar days prior to the end of the comment period, the Planning Official shall distribute this notice as follows:

1) A copy of the notice, or a summary thereof, including a vicinity map, will be sent to the owners of all property within 300 feet of any boundary of the subject property.

2) A copy of the notice, or a summary thereof, including a vicinity map, will be sent to the residents of each piece of property adjacent to or directly across the street from the subject property.

3) A copy of the notice will be published in the official newspaper of the City. The published notice does not require a vicinity map.

4) A copy of the notice, including a vicinity map, will be posted on each of the official notification boards of the City.

5) A copy of the notice will be sent to each local, state and federal agency that the City knows has jurisdiction over the proposed development activity.

b. Not more than 10 calendar days after the Planning Official determines that the application is complete, and at least 18 calendar days prior to the end of the comment period, the applicant shall provide for and erect public notice signs as follows:

1) The signs shall be designed and constructed to City standards. A copy of the notice described in subsection (1) of this section and a vicinity map shall be attached to each sign.

2) The Department of Planning and Community Development is authorized to develop the standards for the public notice signs necessary for implementation of this section.

3) One sign shall be erected on or near the subject property facing each public right-of-way adjacent to the subject property and private easement or tract road providing primary vehicular access to the subject property and to any property that abuts the subject property. The Department of Planning and Community Development shall approve the location of each sign.

4) The applicant shall post a bond pursuant to Chapter 175 KZC to ensure proper maintenance and removal of the signs. The bond shall be posted prior to erection of the sign.

5) The signs shall be removed within seven calendar days after the final decision of the City on the application.

155.25 Official File

1. Contents – The Planning Official shall compile an official file on the application containing the following:

a. The application materials submitted by the applicant.

b. The staff report.

c. All written comments and testimony received on the matter.

d. The electronic recording and minutes of the public hearing on the matter.

e. The recommendation of the Planning Commission.

f. The electronic sound recording and minutes of City Council proceedings on the matter.

g. The decision of City Council.

h. The recommendation and final action, if any, of the Houghton Community Council.

i. Any other information relevant to the matter.

2. Availability – The official file is a public record. It is available for inspection and copying in the Planning Department during regular business hours.

155.30 Notice of Hearing

1. Contents – The Planning Official shall prepare a notice of the hearing of the Planning Commission containing the following information:

a. The name of the applicant and, if applicable, the project name.

b. The street address of the subject property, or if this is not available, a locational description in nonlegal language along with a vicinity map that identifies the subject property.

c. The citation of the provision of this code describing the applied-for decision.

d. A brief verbal description of the requested decision.

e. The time and place of the public hearing.

f. A statement of the availability of the official file.

g. A statement of the right of any person to submit written comments or testimony to the Planning Commission and to appear at the public hearing of the Planning Commission to give comments or testimony orally.

h. A statement that only persons who submit written or oral comments or testimony to the Planning Commission may challenge the recommendation of the Planning Commission.

2. Distribution – The Planning Official shall distribute this notice at least 14 calendar days before the public hearing as follows:

a. A copy of the notice, or a summary thereof, including a vicinity map, will be sent to the owners of all property within 300 feet of any boundary of the subject property.

b. A copy of the notice, or a summary thereof, including a vicinity map, will be sent to the residents of each piece of property adjacent to or directly across the street from the subject property.

c. A copy of the notice will be published in the official newspaper of the City. The published notice does not require a vicinity map.

d. A copy of the notice, including a vicinity map, will be posted on each of the official notification boards of the City.

e. A copy of the notice will be posted on each of the public notice signs erected under KZC 155.22(2).

3. Combined Notice – The Planning Official may combine the notice required under this section with the notice required under KZC 155.22.

155.35 Staff Report

1. Contents – The Planning Official shall prepare a staff report containing the following information:

a. All pertinent application materials.

b. All comments regarding the matter received by the Planning Department prior to distribution of the staff report.

c. An analysis of the application in relation to the applicable provisions of this code and the Comprehensive Plan.

d. A statement of the facts found by the Planning Official and the conclusions drawn from those facts.

e. A recommendation on the matter.

2. Distribution in General – At least seven calendar days before the hearing, the Planning Official shall distribute the staff report as follows:

a. A copy will be sent to each member of the Planning Commission.

b. A copy will be sent to the applicant.

155.45 Open Record Hearing

1. General – The Planning Commission shall hold an open record hearing on each application.

2. Hearing Declared Open – The hearings of the Planning Commission are open to the public.

3. Effect – The hearing of the Planning Commission is the hearing for City Council.

155.50 Electronic Sound Recording

The Planning Commission shall make a complete electronic sound recording of each hearing.

155.55 Burden of Proof

The applicant has the responsibility of convincing the City that, under the provisions of this chapter, the applicant is entitled to the requested decision.

155.60 Participation at the Hearing

Any person may participate in the hearing in either or both of the following ways:

1.  By submitting written testimony or comments to the Planning Commission, either by delivering the testimony or comments to the Planning Department prior to the hearing or by giving it directly to the Planning Commission at the hearing.

2.  By appearing in person, or through a representative, at the hearing and providing oral testimony or comments directly to the Planning Commission. The Planning Commission may reasonably limit the extent of oral testimony and comments to facilitate the orderly and timely conduct of the hearing.

155.65 Continuation of the Hearing

The Planning Commission may continue the hearing if, for any reason, it is unable to hear all of the public comments on the matter or if the Commission determines that it needs more information on the matter. However, if the continuation of the hearing would result in the Planning Commission not complying with the time limit for issuing its recommendation consistent with KZC 155.70, the Planning Commission may continue the hearing only if the time limit for issuing its recommendation is extended under the provisions of that section. If, during the hearing, the Commission announces the time and place of the next hearing on the matter, no further notice of that hearing need be given.

155.70 Recommendation by the Planning Commission

1. General – After receiving the written and oral testimony and comments at the hearing, the Planning Commission shall deliberate on the application. Following its deliberation, the Planning Commission shall, by a motion approved by a majority of the members present, recommend that City Council take one of the following actions:

a. Grant the application.

b. Modify and grant the application.

c. Deny the application.

2. Decisional Criteria – The Planning Commission shall use the criteria listed in the provisions of this code describing the requested decision in making a recommendation to City Council on the application. In addition, the Planning Commission may recommend approval of the application only if:

a. It is consistent with all applicable development regulations and, to the extent there is no applicable development regulation, the Comprehensive Plan; and

b. It is consistent with the public health, safety and welfare.

3. Conditions and Restrictions – The Planning Commission shall include in the motion containing its recommendation to City Council any conditions and restrictions that the Planning Commission determines are necessary to eliminate or minimize any undesirable effects of granting the application.

4. Findings of Fact and Conclusions – The Planning Commission shall include in the motion containing their recommendations to City Council:

a. A statement of the facts presented to the Planning Commission that support the Commission’s recommendations, including any conditions and restrictions it has recommended; and

b. A statement of the Planning Commission’s conclusions based on those facts.

5. Time Limits – The Planning Commission shall issue its recommendation within eight calendar days of the date of the open record hearing, as stated in the notice provided under KZC 155.30, except as follows:

a. If the Planning Commission and the applicant agree in writing on an extension of the time limit for the Planning Commission to issue its recommendation, the Planning Commission has the additional agreed-upon time to issue its recommendation.

b. If the proposed development activity presents a special circumstance, as defined below, the Planning Commission shall issue its recommendation within 21 calendar days of the date of the open record hearing as announced in the notice provided under KZC 155.30. For the purposes of this section, a permit for a proposed development activity presents a special circumstance under RCW 36.70B.140 when, because of the unusually large size of the subject property, the unusual complexity of what the applicant is proposing, the unusually large number of discretionary permits or approvals that are required and/or other unusual characteristics stated on the record by the Planning Commission, the proposed development activity requires more in-depth review and/or analysis than could reasonably be conducted under the time frame that would otherwise apply.

155.75 Distribution of Planning Commission’s Report Recommendation

The Planning Official shall distribute copies of the report of the Planning Commission as follows:

1.  Within four business days following the date the Planning Commission issues its written recommendation, a copy will be sent to the applicant, and to any persons who submitted written or oral testimony to the Planning Commission on the application. The Planning Official is not required to send a notice of decision to a party who signed a petition, unless such party also submitted independent written comments or information.

2.  Prior to the meeting where City Council considers the application, a copy will be sent to each member of City Council. The Planning Official shall include the following material with the copy of the Planning Commission report sent to each City Council member:

a. A draft resolution or ordinance that embodies the Planning Commission’s recommendation.

b. Any challenge to the Planning Commission’s recommendation filed under KZC 155.85 and received by the Planning Department before the Planning Commission report is sent to the members of City Council.

155.85 Challenge to the Planning Commission’s Recommendation

1. Who May Challenge – The recommendation of the Planning Commission may be challenged by:

a. The applicant; and

b. Any person who submitted written or oral testimony to the Planning Commission on the application. A party who signed a petition may not challenge unless such party also submitted independent written comments or information.

2. Contents of a Challenge – The challenge must be in writing and contain a statement of the factual findings and conclusions made by the Planning Commission that are contested. The challenge will be considered only on the record developed in the hearing before the Planning Commission.

3. How and When To File a Challenge

a. The challenge may be filed by delivering it to the Planning Department, together with the fee established by ordinance, within seven calendar days of the postmarked date of distribution of the Planning Commission’s recommendation on the application; provided, that if the seventh day falls on a Saturday, Sunday, or legal holiday, the seventh day of the challenge period shall be extended through the next day on which the City is open for business.

b. The person filing the challenge shall, prior to delivery under subsection (3)(a) of this section, mail or personally deliver a copy of the challenge and a notice of the deadline for responding to the challenge, as established in subsection (3)(c) of this section, to those persons described in subsection (1) of this section. Proof of delivery by mail or personal delivery shall be by affidavit attached to the copy of the challenge letter filed with the Planning Department pursuant to subsection (3)(a) of this section.

c. Any person receiving a copy of the challenge letter pursuant to subsection (3)(b) of this section may file a written response to the challenge. Such response shall be submitted to the Planning Department within seven calendar days after the challenge letter was filed with the Planning Department.

d. Any person filing a response pursuant to this section shall mail or personally deliver a copy of the response to those persons described in subsection (1) of this section. Proof of delivery by mail or personal delivery shall be by affidavit attached to the copy of the response to the challenge letter filed with the Planning Department pursuant to subsection (3)(a) of this section.

155.90 City Council Action

1. General – The City Council shall consider the application at a scheduled meeting within 45 calendar days following the date of the Planning Commission’s recommendation on the proposal.

2. City Council Decision – After consideration of the entire matter on the record before the Planning Commission, the City Council shall, by motion approved by a majority of its total membership, take one of the following actions:

a. Adopt an ordinance or resolution to either:

1) Grant the application; or

2) Modify and grant the application; or

3) Deny the application.

b. If the City Council concludes, based on a challenge to the recommendation or its own review of the recommendation, that the record compiled by the Planning Commission is incomplete or inadequate for the City Council to make a decision on the application, the City Council may by motion remand the matter to the Planning Commission with the direction to reopen the hearing and provide supplementary findings and conclusions on the matter or matters specified in the motion. Any remand under this section shall constitute a special circumstance under RCW 36.70B.140. The motion may limit the scope of the issues to be considered at this rehearing. In the event of a remand, the Planning Commission shall hold the rehearing within 28 calendar days of the date of the City Council motion, and the time limits and other pertinent requirements of this chapter shall apply to the rehearing.

3. Decisional Criteria

The City Council shall use the criteria listed in KZC 155.70(2) in deciding upon the application.

4. Conditions and Restrictions – The City Council shall include in the ordinance or resolution granting the application any conditions and restrictions they determine are necessary to eliminate or minimize any undesirable effects of granting the application. Any conditions and restrictions that are imposed become part of the decision.

5. Findings of Fact and Conclusion – The City Council shall include in their motion:

a. A statement of the facts presented to City Council that support the decision, including any conditions and restrictions that they impose; and

b. The City Council’s conclusions based on those facts.

6. Effect – Subject to the provision of KZC 155.100, the ordinance or resolution of City Council is the final decision of the City.

155.100 Action and Jurisdiction of the Houghton Community Council

The Houghton Community Municipal Corporation is a separate municipal entity, under Chapter 35.14 RCW, existing within the Houghton neighborhood of the City. The governing body of the Houghton Community Municipal Corporation is the Houghton Community Council. If the application is within the disapproval jurisdiction of the Houghton Community Council, the provisions of this section apply to that application:

1.  Houghton Community Council Public Meeting – The Houghton Community Council may hold a public meeting, which will be informal in nature, to obtain comments from the public and others on the application, and the following provisions shall apply:

a. The public meeting shall be scheduled at the earliest practicable time, based on the schedule of the Houghton Community Council, that will allow for fair and informed deliberation, compliance with all notice requirements and the orderly processing of the application.

b. The notice under KZC 155.30 shall include the time, place and other pertinent information about the public meeting.

c. The Planning Official shall provide a copy of the staff report prepared under KZC 155.35 to each member of the Houghton Community Council prior to the public meeting.

d. After the Houghton Community Council receives comments and information at the public meeting, it may make any recommendations on the application, in writing, that it deems appropriate.

e. The Planning Commission shall consider any recommendation on the application from the Houghton Community Council that the Planning Commission receives before the Planning Commission first considers the application, and the City Council shall consider any recommendation from the Houghton Community Council that the City Council receives before the City Council first considers the application.

f. Neither the lack of a Houghton Community Council quorum at the public meeting nor the lack of a recommendation from the Houghton Community Council in any way affects the jurisdiction of the Planning Commission and the City Council under this chapter or the jurisdiction of the Houghton Community Council under subsection (2) of this section.

2.  Disapproval Jurisdiction – If the City Council approves an application within the disapproval jurisdiction of the Houghton Community Council, that approval is not effective until:

a. A majority of the entire membership of the Houghton Community Council votes by resolution to approve it; or

b. The Houghton Community Council fails to disapprove it within 60 calendar days after City Council adopts the ordinance or resolution granting the application. The vote to disapprove the application must be approved by resolution by a majority of the entire membership of the Community Council.

155.105 Notice of Decision

1.  General – Following the decision by City Council, the Planning Official shall prepare a notice of decision on the application.

2.  Distribution – Except as provided in subsection (3) of this section, within four business days after the City Council’s decision is made, the Planning Official shall mail a copy of the decision to the following persons:

a. The applicant.

b. Each person who submitted written or oral comments or testimony on the application. The Planning Official is not required to send a notice of decision to a party who signed a petition, unless such party also submitted independent written comments or information.

c. Each person who has requested notice of the decision.

In addition, within four calendar days after the City Council’s decision is issued, the Planning Official shall post a summary of the decision, along with a summary of any threshold determination under SEPA, on the public notice signs erected under KZC 155.22(2)(b).

3.  Applications within the Jurisdiction of the Houghton Community Council – If the City Council approves an application within the disapproval jurisdiction of the Houghton Community Council, the notice of decision shall be distributed within four business days after approval by the Houghton Community Council or failure to disapprove as specified in KZC 155.100(2). The notice shall be distributed as specified in subsections (2)(a) through (c) of this section.

155.110 Judicial Review

The action of the City in granting or denying an application under this chapter may be reviewed pursuant to the standards set forth in RCW 36.70C.130 in the King County Superior Court. The land use petition must be filed within 21 calendar days of the issuance of the final land use decision by the City. The date of the final decision of the City is the date of passage of the City Council ordinance or resolution constituting the City’s final decision unless such City Council decision is subject to the disapproval jurisdiction of the Houghton Community Council, in which case the petition for judicial review must be filed within 21 calendar days of the date of approval or disapproval action of the Houghton Community Council. For more information on the judicial review process for land use decision, see Chapter 36.70C RCW.

155.115 Lapse of Approval

The applicant must begin construction or submit to the City a complete building permit application for the development activity, use of land or other actions approved under this chapter within four years after the final approval of the City of Kirkland on the matter, or the decision becomes void; provided, however, that in the event judicial review is initiated per KZC 155.110, the running of the four years is tolled for any period of time during which a court order in said judicial review proceeding prohibits the required development activity, use of land, or other actions. The applicant must substantially complete construction for the development activity, use of land, or other actions approved under this chapter and complete the applicable conditions listed on the notice of decision within six years after the final approval on the matter, or the decision becomes void. For development activity, use of land, or other actions with phased construction, lapse of approval may be extended when approved under this chapter and made a condition of the notice of decision.

155.120 Bonds

The City Council may require a bond under Chapter 175 KZC to ensure compliance with any aspect of the permit or approval.

155.125 Complete Compliance Required

1.  General – Except as specified in subsection (2) of this section, the applicant must comply with all aspects, including conditions and restrictions, of an approval granted under this chapter in order to do everything authorized by that approval.

2.  Exception – Subsequent Modification

If a specific use or site plan is approved through this process, or any quasijudicial process under previous zoning codes, the applicant is not required to apply for and obtain approval through this process for a subsequent change in use or site plan unless:

a. There is a change in use and this code establishes different or more rigorous standards for the new use than for the existing use; or

b. The Planning Director determines that there will be substantial changes in the impacts on the neighborhood or the City as a result of the change.

155.130 Time Limits

Any time limit, pursuant to Chapter 36.70B RCW, upon the City’s processing and decision upon applications under this chapter may, except as specifically otherwise stated in this chapter, be modified by a written agreement between the applicant and Planning Director. In the event a permit constitutes or presents a special circumstance under the provisions of this chapter, the time limits for the City to make a final decision and issue its notice of decision under Chapter 36.70B RCW are extended by the number of days that the final decision of the City was delayed as a result of that special circumstance.