Chapter 14.07 PUBLIC NOTICE REQUIREMENTS

Chapter 14.07
PUBLIC NOTICE REQUIREMENTS

Sections:

14.07.010 Notice of development application.

14.07.020 Notice of administrative approvals.

14.07.010 Notice of development application.

A. A notice of application shall not be required for project permits that are categorically exempt under SEPA (Chapter 43.21C RCW), unless a public comment period or an open record predecision hearing is required such as but not limited to:

1. Application for building permits;

2. Application for lot line adjustments (short plat exemptions);

3. Application for administrative approvals.

B. Within 14 days of issuing a letter of completeness under Chapter 14.05 GMC, the city shall issue a notice of development application. The notice shall include but not be limited to the following:

1. Name of the applicant;

2. Date of application;

3. The date of the letter of completeness;

4. The location of the project;

5. A project description;

6. The requested approvals, actions, and/or required studies;

7. A public comment period not less than 14 nor more than 30 days;

8. Identification of existing environmental documents;

9. A city staff contact and telephone number;

10. The date, time, and place of a public hearing if one is scheduled;

11. A statement that the decision on the application will be made within 120 days of the date of the letter of completeness.

C. The notice of development application shall be posted on the subject property and published once in a newspaper of general circulation. This notice may be issued prior to or together with other required notices when possible, but is not a substitute for the other notices.

D. 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 development application. (RCW 36.70B.110)

E. Notice actions are, but are not limited to those, as shown on Table 14.07.010. (Ord. 1450 § 1, 1996).

Table 14.07.010
– Proposed Notices
ACTION	Determination of Completeness	Predetermination of Consistency	Threshold Determination	Categorically Exempt	Notice of Application	Exempt From Project Review Process
Building permit (See WAC 197-11-800)	no	no	no/yes	yes/no	no/yes	yes
Short Plat Exemption/ Lot Line Adjustment	no	no	no	yes	no	yes
Home Occupation	no	no	no	yes	no	yes
Conditional Use Permit	yes	yes	yes	no	yes	no
Short Plat	yes	yes	yes	no	yes	no
Pre-Plat	yes	yes	yes	no	yes	no
Final Plat	no	no	no	yes	no	yes
Shoreline Permit	yes	yes	yes	no	yes	no
Variance	yes	yes	no	yes	yes	no
*Comprehensive Plan Amendment	yes	yes	yes	no	yes	no
*Title 17/18 Amendment	yes	yes	yes	no	yes	no
*Change of Zone	yes	yes	yes	no	yes	no
*Change of Future Zone	yes	yes	yes	no	yes	no
*Annexations/Zoning	no	no	no	yes	yes	yes
Planned Development	yes	yes	yes	no	yes	no
*Development Agreement/ Design Standards Improvements (Street Signs)	yes yes	yes yes	yes yes	no no	yes yes	no no

* Legislative; not subject to 120-day limit.

14.07.020 Notice of administrative approvals.

Notice of administrative approvals subject to notice under GMC 14.09.020 shall be made as follows:

A. Notification of Preliminary Approval. The administrator shall notify the adjacent property owners of his intent to grant approval. Notification shall be made by mail only. The notice shall include:

1. A description of the preliminary approval granted, including any conditions of approval;

2. A place where further information may be obtained;

3. A statement that final approval will be granted unless an appeal requesting a public hearing is filed with the city clerk within 14 days of the date of the notice. (Ord. 1450 § 1, 1996).

14.07.030 Notice of public hearing.

Notice of a public hearing for all development applications and all open record appeals shall be provided for as follows:

A. Content of Notice. The public notice shall include:

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

2. The description of the affected property, which may be in the form of either a vicinity location or written description, other than a legal description;

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;

5. The nature of the proposed use or development;

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

7. The sections of the code that are pertinent to the hearing procedure;

8. When and where written comments may be received;

9. When and where the application, staff report, or other information may be examined and will be provided at the city’s cost;

10. The name and telephone number of the city representative.

B. Time of Notices. Except as otherwise required, public notification of meetings, hearings, and pending actions under GMC Titles 14 through 18 shall be made by:

1. Publication at least 10 days before the date of a public meeting, hearing, or pending action in the official newspaper if one has been designated or a newspaper of general circulation in the city; and

2. Mailing at least 10 days before the date of a public meeting, hearing, or pending action to all property owners as shown on the records of the county assessor of properties within at least 300 feet, not including street rights-of-way, of the boundaries of the property which is the subject of the meeting or pending action; and

3. Posting at least 10 days prior to the meeting, hearing, or pending action at City Hall and at least one notice on the subject property.

C. Joint Hearings.

1. Administrator Determination. The administrator may combine any public hearing on a project permit application with any hearing that may be held by another local, state, regional, federal, or other agency, on a proposed action, as long as: (a) the hearing is held within the city limits; and (b) the requirements of subsection C of this section are met. (36.70B.110(7))

2. Applicant Request. The applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be held within the time periods set forth in this title. The applicant may agree to a particular schedule if the additional time is needed in order to complete the hearings. (RCW 36.70B.110(7))

3. Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local, state, regional, federal, or other agency and the city, as long as:

a. The other agency is not expressly prohibited by statute from doing so; (RCW 36.70B.110(8))

b. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, ordinance, or rule;

c. The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the local government hearing; and

d. The hearing is held within the geographic boundary of the local government.

D. Continuations. If for any reason, a meeting or hearing on a pending action cannot be completed on the date set in the public notice, the meeting or hearing may be continued to a date certain and no further notice under this section is required. (Ord. 1450 § 1, 1996).

14.07.040 Notice of appeal hearing.

In addition to the posting and publication requirements of GMC 14.07.030, notice of appeal hearings shall be as follows:

A. For administrative approvals, notice shall be mailed to adjacent property owners. (Ord. 1450 § 1, 1996).

14.07.050 Notice of decision.

A written notice for all final decisions shall be sent to the applicant and all parties of record. For development applications requiring planning commission review and city council approval, the notice shall be the signed ordinance or resolution. (Ord. 1450 § 1, 1996).