Chapter 14.15
PUBLIC NOTICES

Sections:

14.15.010    Purpose.

14.15.020    Types of public notices.

14.15.030    Notice of application (NOA).

14.15.040    SEPA notices – Threshold determination.

14.15.050    Notice of public hearing.

14.15.060    Notice of decision (NOD).

14.15.070    Responsibility for preparation and distribution of pubic notices.

14.15.010 Purpose.

The purpose of this chapter is to describe the various public notices that are referenced in other chapters of this title, together with their associated administrative requirements. (Ord. 1396 § 2, 2006)

14.15.020 Types of public notices.

Most land use/development applications are subject to some requirements for public notice. One or more of the following notices may be required for applications subject to public review. Administrative procedures for the notices are described below:

A.    Notice of application (NOA).

B.    SEPA notice (threshold determination).

C.    Notice of public hearing.

D.    Notice of decision (NOD). (Ord. 1396 § 2, 2006)

14.15.030 Notice of application (NOA).

A.    Once a land use/development application receives a determination of complete application, a notice of application (NOA) is distributed, informing the community that an application has been received by the City. It is meant to provide an opportunity for citizens to learn about the application early in the review process and provide information to the City that might contribute to that process. The NOA includes no approvals, but only initiates the review process.

B.    The NOA is typically associated with applications that follow administrative process 2 – Hearings Examiner decision, and process 3A – City Council decision with Hearings Examiner recommendation, referenced in FMC 14.09.040 and 14.09.050. A NOA may also be associated with certain administratively approved applications that follow process 1 – administrative decision referenced in FMC 14.09.030.

C.    Within 14 days of the issuance of a determination of complete application, or equivalent determination of application completeness, the responsible City official shall prepare the NOA and provide it to the applicant, together with written instructions for proper distribution. Responsibility for proper distribution of the NOA is solely that of the applicant, and processing of the application may be delayed until such is documented in accordance with the requirements of this section.

D.    The NOA shall be distributed by posting of the property, and publication in the City’s newspaper of record.

E.    The NOA shall contain, at a minimum, the following:

1.    Date of NOA.

2.    Application file reference number.

3.    Applicant name.

4.    Date of application.

5.    Date of determination of complete application.

6.    Associated SEPA file reference number and status, if applicable.

7.    Project location/address.

8.    Brief project description.

9.    Requested permits and approvals.

10.    A statement that the NOA initiates the review process, and that no approvals have been granted.

11.    If applicable, a statement that there will be an advertised public hearing in the future.

12.    A stated public comment period not less than 14 days nor more than 30 days.

13.    Statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and applicable appeal rights.

14.    Name and address of contact for written comments. Name, address, and phone number of City employee to be contacted for additional information regarding the application and/or notice.

F.    Within 10 calendar days of the date of the NOA, the applicant shall submit an affidavit of posting and an affidavit of publication, pursuant to FMC 14.15.070.

G.    The NOA shall be issued prior to, and is not a substitute for, a required notice of public hearing.

H.    The NOA may be combined with notice of SEPA threshold determination required pursuant to FMC 14.15.040(F) and the provisions of Chapter 16.04 FMC. In the case of a combined NOA/SEPA notice, no additional comment period, beyond that stated in the combined notice, will be provided for comment on the proposed SEPA threshold determination. (Ord. 1396 § 2, 2006)

14.15.040 SEPA notices – Threshold determination.

A.    Subsequent to the submittal of a complete land use/development application, the City will determine whether or not the proposed project is likely to have a significant adverse impact on the environment, and whether any specific mitigation measures have been identified to reduce potential impacts associated with the project. Before this threshold determination is made effective, notice is provided so that affected parties may have an opportunity to comment on the determination, and/or on the adequacy of mitigation measures that have been identified.

B.    Environmental review under SEPA, and the SEPA threshold determination notice is associated with most development applications of any consequence. Even some actions which require no development permit may nevertheless require SEPA review and notice. Therefore, SEPA notice may be associated with development applications that follow any of the administrative processes referenced in Chapter 14.09 FMC.

C.    When the SEPA responsible official has sufficient information about a proposed project to make a determination of significance (DS), he shall provide notice in accordance with the provisions of FMC Title 16 and WAC 197-11-510.

D.    When the SEPA responsible official has sufficient information to make an environmental threshold determination other than a determination of significance (DS), he shall prepare either a determination of nonsignificance (DNS), or a mitigated determination of nonsignificance (MDNS) in accordance with the provisions of FMC Title 16. The responsible official shall provide the threshold determination to the applicant, together with written instructions for proper distribution. Responsibility for proper distribution of the SEPA notices is solely that of the applicant, and processing of any associated applications may be delayed until such is documented in accordance with the requirements of this chapter.

1.    The DNS or MDNS shall be distributed by posting of the property (if applicable), publication in the City’s newspaper of record, and mailing to affected state and local agencies.

2.    The notice of intent to issue a DNS or MDNS shall contain, at a minimum, the following:

a.    SEPA file reference number.

b.    Associated permit file reference number, if applicable.

c.    Type of application.

d.    Applicant name.

e.    Project location/address.

f.    Brief project description.

g.    Lead agency.

h.    Associated permits and approvals required.

i.    Proposed mitigation measures in the case of an MDNS.

j.    A stated public comment period not less than 14 days nor more than 30 days.

k.    Name, address, and telephone number of City contact for written comments and information regarding the SEPA threshold determination and notice.

E.    Within 10 calendar days of the date of issuance of the DNS or MDNS, the applicant shall submit separate affidavits of publishing, posting, and mailing pursuant to FMC 14.15.070.

F.    A SEPA notice of threshold determination may be combined with a notice of application as required pursuant to FMC 14.15.030(H). In the case of a combined NOA/SEPA notice, no additional comment period, beyond that stated in the combined notice, will be provided for comment on the proposed SEPA threshold determination. (Ord. 1396 § 2, 2006)

14.15.050 Notice of public hearing.

A.    Once a land use/development application requiring a public hearing has been determined to be complete, a notice of application (NOA) distributed, and a SEPA threshold determination issued, the Planning and Building Director will schedule the application for consideration by the appropriate hearing body on the next available agenda and prepare a notice of the public hearing.

B.    The notice of public hearing is typically associated with applications that follow administrative process 2 – Hearings Examiner decision referenced in FMC 14.09.040. The notice of public hearing may also be associated with administrative process 4 – decision by City Council with Planning Commission recommendation referenced in FMC 14.09.070, which is applicable in the case of Comprehensive Plan amendments, rezones, annexations, and amendments to City development regulations.

C.    The responsible City official shall prepare the notice of public hearing and provide it to the applicant, together with written instructions for proper distribution. Responsibility for proper distribution of the NOA is solely that of the applicant, and processing of the application may be delayed until such is documented in accordance with the requirements of this chapter.

1.    The notice of public hearing shall be distributed not less than 10 days or more than 30 days before the date of the public hearing, by posting of the property, publication in the City’s newspaper of record, and mailing to property owners within 300 feet of the subject property.

2.    The notice of public hearing shall contain, at a minimum, the following:

a.    Application file reference number.

b.    Name of applicant.

c.    Name of the project, if applicable.

d.    Brief description of project.

e.    Project location/address.

f.    Date, time and location of the public hearing.

g.    A statement that any interested person may testify and/or submit written comment regarding the application.

h.    Name, address, and telephone number of City contact for written comments or information regarding the notice or application.

D.    At least five calendar days prior to the date of the public hearing, the applicant shall submit affidavits of posting, publication, and mailing pursuant to FMC 14.15.070. (Ord. 1396 § 2, 2006)

14.15.060 Notice of decision (NOD).

A.    A notice of decision shall be prepared and mailed to the applicant and parties of record following open or closed record proceedings which result in a recommendation or final decision of the hearing body.

B.    The notice of decision shall be issued within 10 business days following the open or closed record proceeding of the hearing body.

C.    The notice of decision shall include the issue date, the case reference number, the type of application, a brief description of the proposal, the name of the applicant, the location/address of the subject property, and a brief summary of the hearing body’s recommendation or decision.

D.    The notice of decision shall reference the applicable findings and conclusions cited to support the decision.

E.    The notice of decision shall reference any required conditions associated with a recommendation or decision to approve an application.

F.    The notice of decision shall reference procedures for reconsideration or appeal of the recommendation or decision as appropriate.

G.    The notice of decision shall include a statement of any threshold determination made under SEPA, Chapter 16.04 FMC. (Ord. 1396 § 2, 2006)

14.15.070 Responsibility for preparation and distribution of pubic notices.

A.    The City, through the appropriate responsible official, shall be solely responsible for the preparation of all public notices, and the accuracy of the information contained therein. The responsible official shall prepare the notice and provide it to the permit applicant, together with written instructions for proper distribution.

B.    Except for notices of decision, responsibility for proper distribution of public notices is solely that of the permit applicant. Evidence of performance shall be provided in the form of notarized affidavits attesting to the posting, publishing, and mailing of the public notice as required by this chapter.

1.    Posting of the public notice shall be at a minimum of two locations on the site, preferably adjacent to a roadway. Notices shall also be posted at City Hall and the Public Library. Posted notices shall be printed on brightly colored paper and protected from the elements in some manner.

2.    Publishing of the public notice shall be in the City’s newspaper of record, unless the responsible City official determines that extraordinary circumstances exist which warrant publication in another newspaper.

3.    Mailing of the public notice shall be made by first class mail, to all property owners within at least 300 feet from the boundaries of the subject property. The notice shall also be mailed to any state or local agency having an interest in the application, or any state or local agency required to be notified under separate provision of this Municipal Code, as determined by the responsible City official.

C.    Notarized affidavits of posting, publishing, and mailing, as appropriate, shall be submitted to the responsible City official in accordance with the provisions of this chapter, but no later than 10 days following the date of the public notice.

1.    Affidavits of posting shall include a copy of the posted notice and a map showing the general location of posted notices on the subject property.

2.    Affidavits of publishing shall include documentation of publication (a copy of the published notice).

3.    Affidavits of mailing shall include a copy of the mailing list, and a map drawn to accurate scale showing the 300-foot “notice line” surrounding the subject property.

D.    The forms of public notice referenced in this section are considered reasonable and appropriate for most land use/development proposals, and represent minimum requirements. The Planning and Building Director, at his discretion, may require that expanded notice procedures be utilized if he determines that a particular land use/development application is likely to generate extraordinary public interest or controversy, or if the size or physical circumstances of the subject property warrant additional or more visible notices. (Ord. 1396 § 2, 2006)