Council reviews draft ordinance to implement Senate Bill 5290 timelines with targeted exclusions

Gig Harbor staff presented a draft ordinance on Jan. 30 to align the municipal code with Senate Bill 5290's required permit-processing timelines and to define exclusions and exemptions that would reduce the city's exposure to partial-fee refunds if the statutory clocks are missed.

Public Works and Planning staff explained SB 5290 sets new deadlines: 65 days for administrative (type 1) permits after a complete application; 100 days for permits requiring public notice but not a hearing; and 170 days for permits requiring public hearings. The draft ordinance proposes to amend Gig Harbor Municipal Code sections to adopt those thresholds and to add narrowly tailored exclusions so the city's review clock pauses while the application is under third-party review (for example, biological or other technical studies) and while the application is awaiting hearing-examiner scheduling or extended applicant response timelines.

Staff said the statute allows jurisdictions two basic responses: hire enough staff to meet the new timelines or adopt narrowly justified exemptions and exclusions. The draft before council lists specific civil and building permits that staff recommends exempting from the SB 5290 clocks (for example, standalone civil permits not associated with land-use approvals) and proposes an additional 45-day allowance where applications require more than two review cycles. The exemption language would also pause the city's internal clock while a third-party reviewer (such as a contracted biological reviewer) conducts its analysis.

Council members asked about the operational impacts and applicant protections. One council member asked whether a lengthy third-party review effectively lets the applicant wait indefinitely; staff responded that the clock pause would apply only while the file is legitimately outside city control and that the city and the applicant both have an interest in timely reviews. Staff also noted the need for improved internal data entry and consistent permitting records so the city can demonstrate compliance with timelines.

The draft ordinance includes a list of permit types and programmatic exclusions staff recommends; staff said they will return with a final ordinance for adoption and that proposed dates would accommodate adoption on a February meeting schedule. Council expressed no objections at the study session to staff proceeding with the ordinance work and returning it for formal reading and adoption.

If adopted, the ordinance would change application processing expectations for applicants and require the city to document third-party review periods, review-cycle counts and other triggers that pause the statutory clock.