Chapter 14.04 PUBLIC NOTICE REQUIREMENTS

Chapter 14.04
PUBLIC NOTICE REQUIREMENTS

Sections:

14.04.020 Notice of administrative approval.

14.04.010 Notice of application.

A. Within 14 days of issuing a determination of completeness under Chapter 14.03 AHMC, the City shall issue a notice of application. The notice shall include, but not be limited to, the following:

1. The name, address and telephone number of the applicant.

2. Date of application and date of notice of application.

3. The date of the notice of completeness.

4. The location of the project, including nearest intersection.

5. A project description, including zoning classification.

6. The requested approvals, actions, studies, and/or other requirements.

7. A public comment period not less than 14 or more than 30 days after the date of the notice of application, including a statement of the right of any person to comment on the application, participate in hearings, receive a copy of the decision and any right to appeal.

8. Identification of other permits not included in the application to the extent known by the City.

9. Identification of existing environmental documents and location for review.

10. A City staff contact and phone number.

11. Any preliminary decision including an indication of preliminary threshold decision under SEPA, Chapter 43.21C RCW, by the responsible official if one has been made.

12. A statement that the decision on the application should be made within 120 days of the date of the determination of completeness.

13. The date, time, place and type of hearing, if applicable.

B. For Type II applications, notice of application shall be posted on the subject property in accordance with this chapter, placed in at least one newspaper that reports on the City, and posted at City Hall.

1. For Type II project permit applications, notice of application shall be mailed to all property owners whose property is located within a 300-foot radius of any portion of the boundary, and where any portion of property abutting the subject property is owned, controlled or under the option of the applicant, then all property owners within a 300-foot radius of the applicant’s total ownership interest shall be notified by mail.

C. Notice shall be provided to the public and those departments and agencies with jurisdiction as provided under Chapter 36.70C RCW.

Whenever the City receives a development application where the project site is likely to affect a state highway, the Director or his/her designee shall give written notice of the application to the state Department of Transportation. The Director or his/her designee shall request that the Department submit any information that the Department deems to be relevant about the effect of the proposed project upon legal access to the state highway, the traffic-carrying capacity of the state highway, and the safety of the users of the state highway.

D. The notice of application shall be issued prior to and is not a substitute for the required notice of a public hearing.

E. A notice of application is not required for permits categorically exempt from SEPA. (Ord. C-661 § 21, 2007)

14.04.020 Notice of administrative approval.

Where required, notice of approval for Type I applications shall be made as follows:

A. The Director or his/her designee shall notify owners of property adjacent and contiguous to the development by regular mail and addressed, pre-stamped envelopes shall be provided by the applicant. The notice shall include:

1. The approval, including any conditions.

2. The office where further information may be obtained.

3. A statement that an appeal may be filed in accordance with AHMC 14.06.030. (Ord. C-661 § 22, 2007)

14.04.030 Notice of public hearing.

Notice of a public hearing for Type II development applications (except area-wide amendments to the Comprehensive Plan or zoning regulations) and all open record hearings shall be given as follows:

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

1. Publication at least 15 days before the date of the public hearing in a newspaper of general circulation in the City; and

2. Mailing at least 15 days before the date of a public hearing, to all property owners as shown on the records of the county assessor and to all street addresses of properties within 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 any adjacent land owned by the applicant. Addressed, pre-stamped envelopes shall be provided by the applicant; and

3. Posting at least 15 days before the hearing in three public places where ordinances are posted, including City Hall, the public library and the Department of Community Development. In addition, at least one notice shall be posted on the subject property and shall consist of a four-foot by four-foot all-weather sign, with four-inch-tall lettering with the phrase “NOTICE OF HEARING” as the first line. The posted sign shall clearly indicate the name and/or type of development proposed, file number, the developer’s or applicant’s name, the time, date, and place of public hearing, the place where further information may be obtained, and an identification of the reviewing authority;

4. Agencies with jurisdiction (SEPA);

5. Other persons who the review authority believes may be affected by the proposed action or who request such notice in writing.

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

1. The application or project file number.

2. A project summary or description of each project permit application.

3. Designation of review authority.

4. The date, time and place of the hearing and a statement that the hearing will be conducted in accordance with the adopted rules of procedure for the hearing body or governing authority.

5. General project location, vicinity, addresses and parcel numbers, if applicable.

6. The name, address, and telephone number of the owner, applicant, and designated contact.

7. That a SEPA threshold determination or description thereof has been made; if a determination other than a DS has been made, it shall be contained in the notice, and an appropriate statement regarding shared or divided lead agency status shall be included.

8. Deadline for a SEPA appeal, including a date, time and place.

9. A statement regarding the appeal process, including any SEPA appeal.

10. A date when the staff report will be available and where it can be viewed.

C. 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.

D. Failure to properly post a site or complete the required notice may result in the reinitiation of the notice process.

E. Reviewing authority may require the applicant to provide a mailing packet consisting of a listing of property owners as described above along with a set of pre-addressed stamped envelopes. (Ord. C-661 § 23, 2007)

14.04.040 Notice of decision.

A written notice of a final decision shall be sent to the applicant, any party that requested the notice of the decision, 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. C-661 § 24, 2007)

14.04.050 Contents of decision.

A written notice of a final decision shall include a statement of the decision, a SEPA determination made pursuant to Chapter 43.21C RCW, and that the decision is final, but may be appealed. The final date, location and procedure to file an appeal shall be stated. (Ord. C-661 § 25, 2007)