Chapter 14.40
PUBLIC NOTICE

Sections:

14.40.005    Notice chart.

14.40.010    Notice of permit application.

14.40.020    Notice of public hearing.

14.40.030    Notice of final decision.

14.40.040    Notice methods.

14.40.050    Optional public notice.

14.40.005 Notice chart.

 

Types

Mailing Period

Comment Period

Method

Recipients

Notice of complete application (NOCA)

All

28 days from submittal

None

Mail

Applicant

Notice of permit application

1*, 2, 3, 4

14 days from NOCA

21 days

Mail, publish, post

Applicant, agencies, parties of record, 500-foot radius

SEPA determination

When required

14 days

14 days

Mail, publish, post

Applicant, agencies, parties of record

Notice of public hearing

3, 4

14 days prior to the hearing

None

Mail, publish, post

Applicant, agencies, parties of record

Notice of final decision

2, 3, 4

7 days from date of decision

None

Mail

Applicant, parties of record

* Only those Type 1 decisions that are subject to SEPA.

(Ord. 02-09 § 4)

14.40.010 Notice of permit application.

(1) A notice of application shall be provided to the public for all land use permit applications requiring Type 2, 3 or 4 decisions or Type 1 decisions subject to SEPA. The City shall provide notice of application by publishing, posting and mailing notice as provided in CMC 14.40.040.

(2) Notice of the application shall be provided by the Department within 14 days following the Department’s determination that the application is complete. A public comment period of at least 21 days shall be provided, except as otherwise provided in Chapter 90.58 RCW and RCW 58.17.215 with regards to alterations. The public comment period shall commence on the third day following the Department’s mailing of the notice of application.

(3) If the City has made a determination of significance (DS) under Chapter 43.21C RCW before the issuance of the notice of application, the notice of the DS shall be combined with the notice of application and the scoping notice.

(4) All required notices of application shall contain the following information:

(a) The file number;

(b) The name of the applicant;

(c) The date of application, the date of the notice of completeness and the date of the notice of application;

(d) A description of the project, the location, a list of the permits included in the application and the location where the application and any environmental documents or studies can be reviewed;

(e) A site plan on eight-and-one-half-inch by 14-inch paper, or as determined by the Director;

(f) The procedures and deadline for filing comments, requesting notice of any required hearings and any appeal procedure;

(g) The date, time, place and type of hearing, if applicable and scheduled at the time of notice;

(h) The identification of other permits not included in the application to the extent known;

(i) The identification of existing environmental documents that evaluate the proposed project; and

(j) A statement of the preliminary determination, if one has been made, of those development regulations that will be used for project mitigation and of consistency with applicable County plans and regulations. (Ord. 02-09 § 4)

14.40.020 Notice of public hearing.

(1) The notice of a public hearing is required for those permit applications requiring a Type 3 or 4 decision that did not include a scheduled hearing date in the notice of application. The City shall provide notice of a public hearing at least 14 days prior to the hearing by publishing and posting notice as provided in CMC 14.40.040. In addition to the publishing and posting, the City shall mail notice of the public hearing to the applicant, relevant agencies, and other interested parties who have requested in writing to be notified of the hearing at least 14 days prior to the hearing.

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

(a) File number;

(b) The name and address of the applicant or the applicant’s representative;

(c) The date, time and place of the hearing;

(d) 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;

(e) 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;

(f) The nature of the proposed use of development;

(g) A statement that all interested persons may appear and provide testimony;

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

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

(j) 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;

(k) A statement that a copy of the staff report will be available for inspection at no cost. (Ord. 02-09 § 4)

14.40.030 Notice of final decision.

(1) Notice of final decision is required for Type 2, 3, and 4 decisions. 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.

(2) 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. 02-09 § 4)

14.40.040 Notice methods.

(1) Posted Notice. Posting of the property for site-specific proposals shall consist of the following:

(a) A single notice board shall be placed by the applicant:

(i) At the midpoint of the site street frontage or as otherwise directed by the City for maximum visibility;

(ii) 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;

(iii) So that the top of the notice board is between seven to nine feet above grade; and

(iv) Where it is completely visible to pedestrians.

(b) Additional notice boards may be required by the Director when:

(i) The site does not abut a public road;

(ii) A large site abuts more than one public road; or

(iii) The Director determines that additional notice boards are necessary to provide adequate public notice.

(c) Notice boards shall be:

(i) Maintained in good condition by the applicant during the notice period;

(ii) In place at least 14 days prior to the date of hearing, or at least 15 days prior to the end of any required comment period;

(iii) Removed within 14 days after the end of the notice period.

(d) 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.

(e) 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.

(f) Notice boards shall be constructed and installed in accordance with specifications promulgated by the Director.

(g) Posting, including the expenses, shall be the responsibility of the applicant.

(2) Published Notice. Notice of a proposed action shall be published by the City at least 14 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.

(3) Mailed Notice. Mailed notice for proposed action shall:

(a) Be sent by the Department 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 development site, and at least 14 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:

(i) Any city located within one-half mile of any boundary of the subject property,

(ii) Any city or district which has a utility which is proposed to serve the plat, and

(iii) 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;

(b) Be considered supplementary to posted or published notice;

(c) Be deemed satisfactory despite the failure of one or more owners to receive mailed notice. (Ord. 02-09 § 4)

14.40.050 Optional public notice.

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

(1) Notify the public or private groups with known interest in a certain proposal or in the type of proposal being considered;

(2) Notify the news media;

(3) Place notices in appropriate regional or neighborhood newspapers or trade journals;

(4) Publish notice in agency newsletters or send 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 section shall not be grounds for invalidation of any permit decision. (Ord. 02-09 § 4)