Chapter 19.11 PUBLIC NOTICE

Chapter 19.11
PUBLIC NOTICE

Sections:

19.11.010 Required public notice of application.

A. Notice of Application for Type II, III and IV Project Permits. Except for final subdivisions and final planned unit developments, notice of application for Type II, III and IV project permits is required in accordance with this chapter. The city shall publish, post and mail public notice of a project permit application as provided in NMC 19.11.040.

1. Contents. The notice of application shall include:

a. The file number;

b. The name of the applicant;

c. The date of application, the date of the notice of completion for the application and the date of the notice of application;

d. A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested under NMC Title 14, Environment;

e. The identification of other permits not included in the application, to the extent known by the city;

f. A site plan, if applicable;

g. The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed;

h. A statement of the limits of the public comment period, which shall be 30 days following the date of notice of application, and 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 any appeal rights;

i. The date, time, place and type of hearing, if applicable and scheduled at the date of notice of the application;

j. A statement of the preliminary determination of consistency, if one has been made at the time of notice, and of those development regulations that will be used for project mitigation and consistency as provided in Chapter 19.13 NMC;

k. Any other information determined appropriate by the city, such as the city’s threshold determination, if complete at the time of issuance of the notice of application;

l. Identification of the responsible city official;

m. For a preliminary plat or short plat, the name and total area of the proposed plat, the number of proposed lots and typical lot sizes, and the proposed use.

2. Time Frame for Issuance of Notice of Application.

a. Within 14 days after the city has made a determination of completeness of a project permit application, the city shall issue a notice of application.

b. If any open record predecision hearing is required for the requested project permit(s), the notice of application shall be provided at least 15 days prior to the open record hearing.

3. Public Comment on the Notice of Application.

a. The public comment period for a notice of application shall be 30 days after notice issuance.

b. All public comments received on the notice of application must be received in the planning and land use services department by 5:00 p.m. on the last day of the comment period. Comments must be in writing, and may be mailed or personally delivered. Comments should be as specific as possible.

4. SEPA Threshold Determination Issuance and Notice of Application.

a. Except for a determination of significance, the city may not issue its threshold determination or issue a decision or recommendation on a project permit until the expiration of the public comment period on the notice of application.

b. If the city issues a determination of significance pursuant to NMC Title 14, Environment, concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice. The determination of significance and scoping notice may be issued prior to the notice of application.

B. SEPA Exempt Projects. A notice of application shall not be required for project permits that are categorically exempt under SEPA, unless a public comment period or an open record predecision hearing is required. (Ord. 2019-598 § 23; Ord. 97-153 Exh. A).

19.11.020 Optional public notice.

As optional methods of providing public notice of any project permits, in addition to the required notice methods, the city may:

A. Notify the public or private groups with known interest in a certain proposal or in the type of proposal being considered;

B. Notify the news media;

C. Place notices in appropriate regional or neighborhood newspapers or trade journals;

D. Publish notice in agency newsletters or sending notice to agency mailing lists, either general lists or lists for specific proposals or subject areas.

The city’s failure to provide the optional notice as described in this subsection shall not be grounds for invalidation of any permit decision. (Ord. 97-153 Exh. A).

19.11.030 Notice of public hearing.

A. The notice of a public hearing is required for Type V actions and for those Type III and IV permits that did not include a scheduled hearing date in the notice of application. The city shall provide public notice of a public hearing for a Type V action by publishing as provided in NMC 19.11.040(B). The city shall provide notice of a public hearing for those Type III and IV permits that did not include a scheduled hearing date in the notice of application by publishing, posting and mailing notice as provided in NMC 19.11.040.

B. Content of Notice of Public Hearing. The notice given of a public hearing required in this title shall contain:

1. File number;

2. The name and address of the applicant or the applicant’s representative;

3. The date, time and place of the hearing;

4. A description of the subject property reasonably sufficient to inform the public of its location, including but not limited to the use of a map or postal address and a subdivision lot and block designation;

5. For hearings on preliminary plats, the name and total area of the proposed plat, the number of proposed lots and typical lot sizes, and the proposed use;

6. The nature of the proposed use of development;

7. A statement that all interested persons may appear and provide testimony;

8. When information may be examined, and when and how written comments addressing findings required for a decision by the hearing body may be admitted;

9. The name of a local government representative to contact and the telephone number where additional information may be obtained;

10. A statement that a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost;

11. A statement that a copy of the staff report will be available for inspection at no cost. (Ord. 97-153 Exh. A).

19.11.040 Notice methods.

A. Posted Notice. Posting of the property for site specific proposals shall consist of the following:

1. A single notice board shall be placed by the applicant:

a. At the midpoint of the site street frontage or as otherwise directed by the city for maximum visibility;

b. Five feet inside the street property line, except when the board is structurally attached to an existing building; provided, that no notice board shall be placed more than five feet from the street property without approval of the department;

c. So that the top of the notice board is between seven to nine feet above grade; and

d. Where it is completely visible to pedestrians.

2. Additional notice boards may be required by the director when:

a. The site does not abut a public road;

b. A large site abuts more than one public road; or

c. The director determines that additional notice boards are necessary to provide adequate public notice.

3. Notice boards shall be:

a. Maintained in good condition by the applicant during the notice period;

b. In place at least 15 days prior to the date of hearing, or at least 15 days prior to the end of any required comment period;

c. Removed within 15 days after the end of the notice period.

4. Removal of the notice board prior to the end of the notice period may be cause for discontinuance of the project review until the notice board is replaced and remains in place for the specified time period.

5. An affidavit of posting shall be submitted to the director by the applicant prior to the hearing or final comment date. If the affidavits are not filed as required, any scheduled hearing or date by which the public may comment on the application, will be postponed in order to allow compliance with this notice requirement.

6. Notice boards shall be constructed and installed in accordance with specifications promulgated by the director.

7. Posting, including the expenses, shall be the responsibility of the applicant.

B. Published Notice. Notice of a proposed action shall be published by the city at least 15 days prior to the public hearing or the end of any required comment period in the official city newspaper or another newspaper of general circulation in the affected area.

C. Mailed Notice. Mailed notice for proposed action shall:

1. Be sent by the director by first class mail to owners of property according to the records of the King County assessor’s office in an area within 500 feet of the site, and at least 15 days prior to the public hearing or the end of any required comment period. For a hearing on a preliminary plat, the notice shall also be mailed to:

a. Any city located within one-half mile of any boundary of the subject property,

b. Any city or district which has a utility which is proposed to serve the plat, and

c. The State Department of Transportation where the plat or part thereof adjoins a state right-of-way or King County where the plat or part thereof adjoins a county right-of-way;

2. Be considered supplementary to posted or published notice;

3. Be deemed satisfactory despite the failure of one or more owners to receive mailed notice. (Ord. 97-153 Exh. A).

19.11.050 Notice of final decision.

A. Notice of final decision is required for Type II, III and IV project permits. The city shall publish notice of a project permit final decision no later than seven days after the date of the decision and as provided in NMC 19.11.040. The city shall mail public notice of a project permit final decision to the applicant and other interested parties who have requested in writing to be notified of the final decision no later than seven days after the date of the decision.

B. Except for provisions governing the review of preliminary, final and short plats in RCW 58.17.140 and as provided for in 19.09.050(A)(2), the notice of final decision shall be issued within 120 days after the city notifies the applicant that the application is complete.

C. The city shall provide a notice of final decision that also includes a statement of any threshold determination made under SEPA (Chapter 43.21C RCW) and the procedures for administrative appeal, if any. The notice of final decision may be a copy of the report or decision on the project permit application. (Ord. 2000-213 § 4; Ord. 97-153 Exh. A).