20.210.100 Review For Fully Complete Status.
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A. Determination. Within 28 calendar days after receiving a counter-complete Type II or III application or applicant-initiated Type IV Map Amendment application, the planning official shall mail or provide in person a written determination to the applicant stating either:
1. That the application is fully complete; or
2. That the application is not fully complete and what is necessary to make the application complete.
B. Application content. An application shall include all of the information listed as application requirements in the application form; provided, that:
1. The planning official may upon written request waive application requirements that are clearly not necessary to show an application complies with relevant criteria and standards and may modify application requirements based on the nature of the proposed application, development, site or other factors. Requests for waivers shall be reviewed before applications are submitted for counter-complete review, or discussed at the pre-application conference, and confirmed in the pre-application conference summary.
2. The decision about the fully-complete status of an application, including any required engineering, traffic or other studies, shall be based on the criteria for completeness and methodology set forth in the Vancouver Municipal Code or in implementing measures adopted in a timely manner by the planning official and shall not be based on differences of opinion as to quality or accuracy.
3. An application’s fully-complete and vesting status may be revoked if the planning official determines that the applicant intentionally submitted false information.
C. Incomplete application. If the planning official decides an application is not fully complete, then, within the time provided in Subsection (A) of this section, the planning official shall send the applicant a written statement indicating that the application is incomplete based on a lack of information and listing what is required to make the application fully complete.
1. The statement shall specify a date by which the required missing information must be provided to restart the fully-complete review process. The statement shall state that an applicant can apply to extend the deadline for filing the required information and explain how to do so.
2. The statement also may include recommendations for additional information that, although not necessary to make the application fully complete, will be required to address other issues that are relevant to the review.
3. If the required information is not submitted by the date specified and the planning official has not extended that date, within seven calendar days after that date, the planning official may take the action in subsections 3(a) and 3(b) of this section. If the required information is submitted by the date specified, then within 14 calendar days, the planning official shall decide whether the application is fully complete and, if not, the planning official may:
a. Reject and return the application and an amount up to 80% of the application fees by mail, together with a written statement that lists the remaining additional information needed to make the application fully complete; or
b. Issue a decision denying the application, based on a lack of information. Provided, the planning official may allow the applicant to restart the fully-complete review process a second time by providing the required missing information by a date specified by the planning official, in which case the planning official shall retain the application and fee pending expiration of that date or a fully-complete review of the application as amended by that date.
D. Fully-complete application. If the planning official determines that a Type I, II, or III application is fully complete, he or she shall:
1. If a Type I application, issue a Notice of Decision within 28 calendar days pursuant to Section 20.210.040(F) VMC;
2. If a Type II application, issue a Notice of Application within 14 calendar days pursuant to Section 20.210.050(E) VMC.
3. If a Type III application, issue a Notice of Application/Hearing within 14 days pursuant to Section 20.210.060(E) VMC.
E. Automatic determination. A Type I, II, or III application and applicant-initiated Type IV-Map Amendment application shall be determined fully complete if a written determination has not been mailed to the applicant within 28 calendar days of the date the counter-complete application is received by the city. An application shall be determined fully complete if a written determination has not been mailed to the applicant within 14 calendar days of the date that the necessary additional information is submitted pursuant to subsection (C).
F. Fully complete date. The date a fully-complete application is filed for purposes of vesting is the date the counter-complete application is originally filed or the date any necessary additional information is submitted pursuant to subsection (C), whichever is later, regardless of whether the application is determined to be fully complete under subsection (A)(1) or automatically determined fully complete under subsection (E).
G. Request for additional information. A fully-complete determination shall not preclude the city from requesting additional information, studies or changes to submitted information or plans if new information is required or substantial changes to the proposal occur. (Ord. M-4105 § 3, 11/17/2014; Ord. M-3840 § 7, 08/06/2007; Ord. M-3643, 01/26/2004)