Chapter 22.07 PUBLIC NOTICE

Chapter 22.07
PUBLIC NOTICE

Sections:

22.07.001 Required public notice of application.

22.07.004 Notice of comment period for Type II-A permits.

22.07.005 Notice of decision for Type II-A permits.

22.07.001 Required public notice of application.

The city shall issue the notice of application by posting the property, publishing a summary in the city’s official newspaper, and mailing notice to neighboring property owners in accordance with the requirements of FMC 22.07.003(b) (RCW 36.70B.110(4)). The published summary shall include the project location, type of permit(s) required, comment period dates, and location where the complete application may be reviewed. (Ord. 1157 § 1, 1997; Ord. 1120 § 1, 1996).

22.07.002 Optional public notice.

(a) In addition to the required notice, 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; and

(5) Mail notice to neighboring property owners.

(b) The city’s decision to not provide optional notice as described in this subsection shall not be grounds for invalidation of any permit decision (RCW 36.70B.110(4)). (Ord. 1157 § 2, 1997; Ord. 1120 § 1, 1996).

22.07.003 Notice of public hearing.

(a) Content of Notice of Public Hearing for All Types of Applications. The notice given of a public hearing required in this chapter shall contain:

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

(2) 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 and a subdivision lot and block designation;

(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 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) Advice that a copy of the application, all documents and evidence relied upon by the application and applicable criteria are available for inspection at no cost and will be provided at the city’s cost;

(11) Advice that a copy of the staff report will be available for inspection at no cost at least five days prior to the hearing and copies will be provided at the city’s cost.

(b) Distribution of Notice of Public Hearing. Notice of the public hearing shall be provided as follows:

(1) Type I, Type II-A and II-B, and Type IV Actions. No public hearing notice is required because no public hearing is held, except on an appeal of a Type II-B action where the notice set forth under subsection (b)(2) of this section is required.

(2) Type III-A and Type III-B Actions and Appeals of Type II-B Actions. The notice of public hearing shall be mailed to:

(A) The applicant;

(B) All owners of property within 300 feet of the subject property, when the project permit application is for a residential proposal;

(C) All owners of property within 500 feet of the subject property, when the project permit application is for a nonresidential proposal;

(D) Any person who submits written or oral comments on an application;

(E) The appellant, if applicable.

(3) Type III-A Preliminary Plat Actions. In addition to the notice for Type III-A actions above for preliminary plats, additional notice shall be provided as follows:

(A) Notice of the filing of a preliminary plat of a proposed subdivision adjoining the municipal boundaries shall be given to the appropriate city and county officials of the neighboring jurisdiction.

(B) Special notice of the hearing shall be given to adjacent landowners by any method the city deems reasonable. Adjacent landowners are the owners of real property, as shown by the records of the county assessor, located within 300 feet of any portion of the boundary of the proposed subdivision. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice required by RCW 58.17.090(1)(b) shall be given to owners of real property located within 300 feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided (Chapter 58.17 RCW).

(4) Type V Actions. For Type V legislative actions, the city shall publish notice as described in subsection (d)(2) of this section, and provide any other notice required by RCW 35A.12.160.

(1) The records of the Pierce County assessor’s office shall be used for determining the property owner of record. Addresses for a mailed notice required by this code shall be obtained from Pierce County’s real property tax records. The director shall issue a sworn certificate of mailing to all persons entitled to notice under this chapter. The director may provide notice to other persons than those required to receive notice under the code.

(2) All public notice shall be deemed to have been provided or received on the date the notice is deposited in the mail or personally delivered, whichever occurs first.

(d) Procedure for Posted or Published Notice of Public Hearing.

(1) Posted notice of the public hearing is required for all Type III-A and III-B project permit applications. The posted notice shall be posted as required by FMC 22.07.001.

(2) Published notice is required for all Type III-A, III-B, and V procedures. The published notice shall be published in the city’s official newspaper.

(e) Time and Cost of Notice of Public Hearing.

(1) Notice shall be mailed, posted and first published not less than 10 nor more than 30 days prior to the hearing date. Any posted notice shall be removed by the applicant within 15 days following the public hearing.

(2) All costs associated with the public notice shall be borne by the applicant. (Ord. 1638 § 4, 2019; Ord. 1468 § 3, 2009; Ord. 1157 § 3, 1997; Ord. 1120 § 1, 1996).

22.07.004 Notice of comment period for Type II-A permits.

Upon receipt of a complete application for a Type II-A permit, the director shall send written notice to the owners of property within 100 feet of the subject property for a residential proposal, and within 300 feet of the subject property for a commercial proposal, notifying them of the application and the opportunity to comment on the proposal. Public comments must be received by the director within 14 calendar days of the issuance date of the notice. No public hearing will be conducted for these applications. However, public comments received within the comment period will be considered by the director prior to issuance of a written decision. (Ord. 1638 § 5, 2019; Ord. 1615 § 1, 2018; Ord. 1245 § 5, 2000).

22.07.005 Notice of decision for Type II-A permits.

Upon issuance of a decision on a proposed Type II-A permit, the director shall provide a written notice of this decision to the applicant and any parties who have provided written comment during the comment period, if applicable. (Ord. 1638 § 6, 2019; Ord. 1615 § 2, 2018; Ord. 1611 § 2, 2018; Ord. 1512 § 2, 2011; Ord. 1245 § 6, 2000).