Chapter 18.80
NOTICE Revised 6/19 Amended Ord. 2019-34s

Sections:

18.80.010    Introduction.

18.80.020    Public Notice Matrix. Revised 6/19

18.80.030    Notice Types.

18.80.040    Methods of Notice. Amended Ord. 2019-34s

18.80.010 Introduction.

Refer to Table 18.80.020, Public Notice Matrix, for specific cross-references between methods of notice, notice types and permit categories. See PCC 18.80.030 and PCC 18.80.040 for text to supplement the provisions outlined in the Public Notice Matrix. (Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 4 (part), 2013; Ord. 96-19S § 1 (part), 1996)

18.80.020 Public Notice Matrix. Revised 6/19

Notice of Application (4)

Notice of Threshold Determination

Notice of Public Hearing

Notice of Final Decision

Categories:

Day 0-14

Day 30-79

Day 30-90

Day 30-120

Building Permits, Administrative Design Review, Site Development Permits, Boundary Line Adjustments, Lot Combinations, Forest Practice Request for Single-Family Dwelling Exceptions

(no SEPA, no public hearing)

• Exempt

• N/A

• N/A

• Transmit to Applicant

Building Permits, Site Development Permits

Class IV-General Forest Practice Permits

(SEPA, no public hearing)

• Departmental Posting

• Transmit SEPA Checklist to Reviewing Agencies

• Publish in Newspaper

• Transmit to Applicant

• Transmit to Reviewing Agencies

• N/A

• Transmit to Applicant and Parties of Record

Admin. Nonconforming Use Permits, Admin. Use Permits, Minor Amendments, Plat Alterations (1), Shoreline Substantial Development Permits, Shoreline Administrative Conditional Use Permits

(SEPA, no public hearing)

• Departmental Posting

• Transmit SEPA Checklist to Reviewing Agencies

• Transmit to Adjacent Property Owners

• Post Property

• Publish in Newspaper

• Transmit to Applicant

• Transmit to Reviewing Agencies

• N/A

• Transmit to Applicant, Parties of Record, and to Ecology for shoreline permits

Site Plan Review (no SEPA, public meeting required)

• Departmental Posting

• Transmit to Adjacent Property Owners

• N/A

• Post Property

• Publish in Newspaper

• Transmit to Applicant

• Transmit to Applicant and Parties of Record

Admin. Nonconforming Use Permits, Admin. Use Permits, Minor Amendments, Plat Alterations (1), Binding Site Plans, Shoreline Substantial Development Permits, Shoreline Administrative Conditional Use Permits

(no SEPA, no public hearing)

• Departmental Posting

• Transmit Application to Reviewing Agencies

• Transmit to Adjacent Property Owners

• Post Property

• N/A

• N/A

• Transmit to Applicant, Parties of Record, and to Ecology for shoreline permits

Conditional Use Permits, PDDs, PUDs, Nonconforming Use Permits, Public Facility Permits, Shoreline Conditional Use Permits, Rezones, Plat Alterations (1)

(SEPA, public hearing required)

• Departmental Posting

• Transmit SEPA Checklist to Reviewing Agencies

• Transmit to Adjacent Property Owners

• Post Property

• Publish in Newspaper

• Transmit to Applicant

• Transmit to Reviewing Agencies

• Transmit to Adjacent Property Owners

• Publish in Newspaper

• Transmit to Applicant

• Transmit to Applicant, Parties of Record, and to Ecology for shoreline permits

Zoning Variances, Shoreline Variances, Wetland Variances,

Fish and Wildlife Habitat Stream Buffer Variances, Reasonable Use Exceptions, Forest Practice Request for Removal of Development Moratorium, Plat Alterations (1)

(no SEPA, public hearing required)

• Departmental Posting

• Transmit Application to Reviewing Agencies

• Transmit to Adjacent Property Owners

• N/A

• Post Property

• Publish in Newspaper

• Transmit to Applicant

• Transmit to Applicant, Parties of Record, and to Ecology for shoreline permits

Preliminary Short Plats, Forest Practice Conversion Option Harvest Plans, Floodplain Variance

(no SEPA, no public hearing)

• Departmental Posting

• Post Property

• Transmit to Adjacent Property Owners

• N/A

• N/A

• Transmit to Applicant and Parties of Record

Preliminary Short Plats, Preliminary Large Lots

(SEPA, no public hearing)

• Departmental Posting

• Send SEPA Checklist to Reviewing Agencies

• Post Property

• Transmit to Adjacent Property Owners

• Publish in Newspaper

• Transmit to Applicant

• Transmit to Reviewing Agencies

• N/A

• Transmit to Applicant and Parties of Record

Preliminary Plats (2)

(SEPA, public hearing required)

• Departmental Posting

• Transmit SEPA Checklist to Reviewing Agencies

• Post Property

• Transmit to Adjacent Property Owners

• Publish in Newspaper

• Transmit to Applicant

• Transmit to Reviewing Agencies

• Transmit to Adjacent Property Owners

• Publish in Newspaper

• Transmit to Applicant

• Transmit to Applicant and Parties of Record

General Wetland Review, Single Family Wetland Review, Agricultural Wetland Review, and Fish and Wildlife Review

(no SEPA, no public hearing required)

• Post Property

• N/A

• N/A

• Transmit to Applicant and Parties of Record

Notes:

(1)    The County shall provide notice of the filing of a plat alteration to all owners of property within the subdivision, and as provided for in RCW 58.17.080 and 58.17.090. The notice shall either establish a date for a public hearing or provide that a hearing may be requested by a person receiving notice within 14 days of receipt of the notice as set forth in PCC 18.80.030 A.

(2)    Notice of the filing of a preliminary plat shall be given to the State, municipalities, public utilities, and school districts in the following cases and manner:

a.    When a proposed subdivision which is to be located within one mile of any city or town, within a city's or town's urban growth area (UGA) or urban service area (USA), or which contemplates the use of any public utilities, notice shall be given to the city's or town's legislative body and to the public utilities governing body.

b.    When a proposed subdivision which is to be located adjacent to the right-of-way of a State highway or within two miles of the boundary of a State or municipal airport, notice shall be given to the Washington State Secretary of Transportation.

c.    Notice shall be given to the school district within which the subdivision is proposed.

d.    When the proposed subdivision lies within a designated flood control zone pursuant to Chapter 86.16 RCW, notification shall be given to the Washington State Department of Ecology, or its successor.

(3)    For Optional DNS, the NOA may provide the only opportunity to comment on the environmental impacts of the proposal.

(4)    Notification of Application shall be provided to Parties of Record for application to amend or alter previously issued permits and approvals.

(Ord. 2016-33 § 1 (part), 2016; Ord. 2015-86 § 1 (part), 2015; Ord. 2015-40 § 3 (part), 2015; Ord. 2013-45s4 § 2 (part), 2015; Ord. 2014-18s § 1 (part), 2014; Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 4 (part), 2013; Ord. 2012-2s § 4 (part), 2012; Ord. 2009-18s3 § 1 (part), 2009; Ord. 2005-11s2 § 2 (part), 2005; Ord. 2004-52s § 1 (part), 2004; Ord. 2002-113s § 1 (part), 2002; Ord. 99-68 § 2, 1999; Ord. 98-87 § 1 (part), 1998; Ord. 97-84 § 1 (part), 1997)

18.80.030 Notice Types.

A.    Notice of Application (NOA).

1.    Time Period. The Department shall provide a notice of application (as defined in A.2. below) to the public and agencies with jurisdiction within 14 days after acceptance of a complete application. A copy of the notice of application shall be promptly transmitted to any individuals, organizations, and agencies that request such notice in writing.

2.    Contents. At a minimum, the notice of application shall contain the following information:

a.    The date of application and the date of the notice of application;

b.    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;

c.    The identification of other permits not included in the application to the extent known by the local government;

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

e.    A statement of the public comment period, which shall be 14 days for revised notices and 30 days for all other notices 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. A local government may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit;

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

g.    For projects subject to SEPA, a statement of the preliminary determination, if one has been made at the time of notice, the development regulations that will be used for project mitigation and of consistency with the type of land use; the level of development, such as units per acre or other measures of density; Infastructure, including public facilities and services needed to serve the development; and the characteristics of the development, such as development standards;

h.    Subject property location;

i.    Name of the applicant;

j.    Department contact and telephone number; and

k.    Applicant contact and phone number.

3.    Method. Refer to Table 18.80.020 and PCC 18.80.040 for method of providing notice of application.

4.    Exemptions. Lot line or boundary adjustments, lot combinations, final plats and building and construction permits, or similar approvals, which are categorically exempt from environmental review as set forth in Title 18D PCC, Development Regulations – Environmental, or for which environmental review has been completed in connection with other project permits shall be exempt from the notice of application procedures.

B.    Notice of Threshold Determination. Whenever Pierce County issues a Determination of Nonsignificance (DNS) / Mitigated Determination of Nonsignificance (MDNS) under Washington Administrative Code (WAC) 197-11-340(2) or WAC 197-11-355, a Determination of Significance (DS) under WAC 197-11-360(3), a Draft Environmental Impact Statement (DEIS) under WAC 197-11-455(5), a Final Environmental Impact Statement (FEIS) under WAC 197-11-460, or a Supplemental Environmental Impact Statement (SEIS) under WAC 197-11-620, public notice shall be given as follows:

1.    Time Period.

a.    Threshold determinations of nonsignificance (DNS/MDNS) shall be issued after the expiration of the Notice of Application comment period as set forth in PCC 18.80.030 A. and a minimum of 40 days prior to a public hearing, if applicable.

b.    Threshold determinations of significance may be issued prior to or concurrent with the Notice of Application.

c.    The FEIS/FSEIS shall be issued within 60 days from the end of the comment period of the DEIS/ DSEIS unless the proposal is unusually large in scope, the EIS/SEIS is unusually complex, or extensive modifications are required to respond to public comments.

2.    Contents for DS, DNS, MDNS, DEIS, FEIS, DSEIS or FSEIS (see PCC 18.80.030 B.3. below for Optional DNS). Public notice required for threshold determination shall contain the following:

a.    Statement that a DS, DNS, MDNS, DEIS, FEIS, DSEIS or FSEIS has been issued;

b.    Appeal period;

c.    If applicable, when the comment period expires; and

d.    Whenever the County issues a DS pursuant to WAC 197-11-360(3), the County shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408.

3.    Contents for Optional DNS. The public notice, in the form of a Notice of Application (NOA), for the Optional DNS process shall contain the following:

a.    A statement that the County expects to issue a DNS;

b.    A statement that the Optional DNS process is being used;

c.    A statement that the NOA may provide the only opportunity to comment on the environmental impacts of the proposal;

d.    A statement that the proposal may include mitigation measures;

e.    A statement that a copy of the subsequent threshold determination may be obtained upon request; and

f.    A list of any conditions being considered to mitigate environmental impacts if a mitigated DNS is expected;

4.    Method. Refer to Table 18.80.020 and PCC 18.80.040 for method of providing notice of threshold determination.

5.    Comment Period.

a.    The threshold determination for a DNS/MDNS, issued pursuant to WAC 197-11-340(2), shall have a 14-day comment period commencing upon the date of issuance of such determination. The appeal period shall start upon the expiration of the comment period.

b.    The comment period on the issuance of a DS shall be a minimum of 21 days, commencing from the date of issuance of such determination.

c.    The comment period on the issuance of the DEIS/DSEIS shall be a minimum of 30 days, and a maximum of 45 days commencing from the date of issuance of such document. The lead agency may, upon request, extend the comment period a maximum of an additional 15 days up to a maximum of 45 days total for the entire comment period.

d.    There may not be a comment period for a DNS issued under the Optional DNS process pursuant to WAC 197-11-355.

6.    No Action Period. Pierce County shall not act on a proposal for which an EIS/SEIS has been required prior to seven days after the issuance of the FEIS/FSEIS.

C.    Notice of Public Hearing.

1.    Time Period.

a.    The Department shall provide notice of the time and place of public hearings held by the Hearing Examiner. Notice of the public hearing shall be provided a minimum of 10 days prior to the scheduled public hearing date.

b.    Advisory commission meetings shall be held prior to Hearing Examiner review. Notice of the advisory commission meeting shall be issued at the time the notice is given for a scheduled public hearing. Failure by the advisory commission to review or make a recommendation shall not preclude the Hearing Examiner from conducting the scheduled public hearing.

2.    Content. At a minimum, public notice of a public hearing shall contain the following information:

a.    The date, time and place of the public hearing;

b.    If applicable, the date, time and place of an advisory commission meeting;

c.    The subject matter of the public hearing;

d.    Any appeals which may be reviewed at the public hearing;

e.    If applicable, a threshold determination; and

f.    A description of the location of the subject property (in nonlegal language).

3.    Method. Refer to Table 18.80.020 and PCC 18.80.040 for method of providing notice of public hearing.

4.    If for any reason a public hearing on a pending action cannot be completed on the date set in the public notice, the hearing may be continued to a date certain and no further notice under this Section is required.

D.    Notice of Final Decision.

1.    Time Period. The Department or Hearing Examiner shall provide a notice of final decision to the applicant and to any person who, prior to the rendering of the decision, requested specifically, in writing, a notice of the decision. This notice shall be provided within 10 days from the issuance of the final decision.

2.    Content. The notice of final decision may be a copy of the report, permit or decision on the application and shall include a statement of any threshold determination or an adopted Environmental Impact Statement if applicable, as set forth in Title 18D PCC, Development Regulations – Environmental, and the procedures for administrative appeal, if applicable.

3.    Method. Refer to Table 18.80.020 and PCC 18.80.040. for method of providing notice of final decision.

(Ord. 2014-42 § 1 (part), 2014; Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 4 (part), 2013; Ord. 2009-18s3 § 1 (part), 2009; Ord. 2005-11s2 § 2 (part), 2005; Ord. 97-84 § 1 (part), 1997; Ord. 96-19S § 1 (part), 1996)

18.80.040 Methods of Notice. Amended Ord. 2019-34s

Refer to Table 18.80.020, Public Notice Matrix, and A.-D. below for specific cross-references between methods of notice, notice types and permit categories.

A.    Departmental Posting. Notice shall be posted in the Department at a central location accessible to the public.

B.    Transmittal. Notice shall be transmitted by the Department to the following:

1.    All property owners of record within a radius of 300 feet, but not less than two parcels deep, around the exterior boundaries of the subject property;

2.    The applicant; and

3.    Reviewing agencies including environmental agencies with jurisdiction, state agencies with jurisdiction, affected tribes, and each local agency or political subdivision whose public services would be affected by implementation of the proposal.

4.    Transmittal may occur by postal mail or by electronic mail.

C.    Posting the Property. Notice shall be posted by the applicant on the subject property in accordance with specifications provided by the Department. In accordance with Department property posting requirements, applicants shall submit affidavits of posting to the Department within 28 days from the filing of a complete application.

D.    Publication.

1.    Public Hearings. Notice shall be published in the official County newspaper and a newspaper of general circulation within the general area where the subject property is located, as determined by the Department.

2.    Threshold Determination. Notice shall be published in the official County newspaper.

(Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 4 (part), 2013; Ord. 97-84 § 1 (part), 1997; Ord. 96-19S § 1 (part), 1996)