Chapter 14.06
PUBLIC NOTICE REQUIREMENTS
Sections:
14.06.010 Notice of application.
14.06.020 Referral and review of project permit application.
14.06.030 Notice of application/distribution.
14.06.040 Administrative approvals.
14.06.050 Appeal of SEPA related issues/administrative matters.
14.06.060 Reconsideration in response to SEPA comments.
14.06.070 Notice of open record hearing.
14.06.080 Notice of appeal hearings.
14.06.010 Notice of application.
A. Generally. A notice of application shall be issued on all project permit applications for which the hearing examiner has decision making authority, or SEPA is required.
B. SEPA Exempt Projects. A notice of application shall not be required for project permits that are categorically exempt under SEPA and fall below the thresholds established in WAC 197-11-800(1)(b)(i) through (v), unless a public comment period or an open record predecision hearing is required.
C. Contents. The notice of application shall include:
1. The date of application, the date of the notice of completion for the application and the date of the notice of application;
2. 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 under RCW 36.70B.070;
3. The identification of other permits not included in the application, to the extent known by the city;
4. The identification of existing environmental documents that evaluate the proposed project and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed;
5. A statement of the limits of the public comment period, which shall not be less than fourteen nor more than thirty days following the date of notice of application, and a statement 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;
6. The date, time, place and type of hearing, if applicable and scheduled at the date of notice of the application;
7. A statement of the preliminary determination of consistency, if one has been made at the time of notice, and of those development regulations that will be used for project mitigation and of consistency as provided in TMC 14.04.010.
8. Any other information determined appropriate by the department, such as the city’s threshold determination, if complete at the time of issuance of the notice of application. (RCW 36.70B.110.)
D. Time Frame for Issuance of Notice of Application.
1. Within fourteen days after the city has made a determination of completeness of a project permit application, the city shall issue a notice of application.
2. If any open record predecision hearing is required for the requested project permit(s), the notice of application shall be provided at least fifteen days prior to the open record hearing. (RCW 36.70B.110.)
E. Public Comment on the Notice of Application. All public comments received on the notice of application must be received by the department of community development by 5:00 p.m. on the last day of the comment period. Comments may be mailed, personally delivered or sent by facsimile. Comments should be as specific as possible.
F. 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 application. (RCW 36.70B.110.)
(Ord. O2017-008, Amended, 09/05/2017; Ord. O2011-002, Amended, 03/01/2011; Ord. O96-004, Added, 04/16/1996)
14.06.020 Referral and review of project permit application.
As soon as possible, but in any event within ten days of accepting a complete application, the director shall do the following:
A. Transmit a copy of the application, or appropriate parts of the application, to each affected agency and city department for review and comment, including those responsible for determining compliance with state and federal requirements. The affected agencies and city departments shall have fifteen days to comment. The referral agencies or city departments are presumed to have no comments if comments are not received within the specified time period. The director shall grant an extension of time for comment only if the application involves unusual circumstances. Any extension shall only be for a maximum of three additional days. (RCW 36.70B.070.)
B. If hearing examiner approval is required, notice and hearing shall be provided as set forth in TMC Chapter 2.58.
(Ord. O96-004, Added, 04/16/1996)
14.06.030 Notice of application/distribution.
A. The notice of application shall be posted on the subject property by the applicant in accordance with specifications provided by the community development department, published once in a newspaper of general circulation in the city, and mailed to all record owners of property within three hundred feet of the boundaries of the subject property. The director may extend notice beyond three hundred feet in cases where the area notified does not provide adequate notice to neighbors affected by the proposed project action.
B. The notice of application shall be issued prior to and is not a substitute for any other required notice of a public hearing.
C. A notice of application is not required for the following actions, except as provided in TMC 14.06.010(B), when they are categorically exempt from SEPA or environmental review has been completed:
1. Application for building permits.
2. Application for boundary line adjustments.
3. Application for administrative approvals.
(Ord. O2018-007, Amended, 10/16/2018; Ord. O96-004, Added, 04/16/1996)
14.06.040 Administrative approvals.
Administrative decisions regarding the approval or denial of the following applications or determinations/interpretations may be appealed to the hearing examiner within fourteen days of the final staff decision using procedures outlined below and in TMC Chapter 2.58, Hearing Examiner (refer to TMC 14.08.030 for other appeal authorities):
A. All administrative interpretations/determinations.
B. Boundary line adjustments.
C. Building permits.
D. Home occupation permits.
E. Preliminary short plats.
F. Preliminary SEPA threshold determination (EIS required).
G. Shoreline exemptions and staff-level substantial development permits.
H. Sign permits.
I. Final plats.
J. Variances, administrative.
(Ord. O2018-007, Amended, 10/16/2018; Ord. O96-004, Added, 04/16/1996)
14.06.050 Appeal of SEPA related issues/administrative matters.
A. The city establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:
1. Any agency or person may appeal the city’s conditioning, lack of conditioning or denial of an action pursuant to Chapter 197-11 WAC. All such appeals shall be made to the hearing examiner and must be filed within six days after the comment period for the threshold decision has expired. This appeal and any other appeal of a land use action shall be considered together.
2. The following threshold decisions or actions are subject to timely appeal:
a. Determination of Significance. Appeal of a determination of significance (DS) or a claim of error for failure to issue a DS may only be appealed to the hearing examiner within that fourteen-day period immediately following issuance of such initial determination.
b. Determination of Nonsignificance or Mitigated Determination of Nonsignificance. Conditions of approval and the lack of specific conditions may be appealed to the hearing examiner within six calendar days after the SEPA comment period expires.
c. Environmental Impact Statement. A challenge to a determination of adequacy of a final EIS may be heard by the hearing examiner in conjunction with any appeal or hearing regarding the associated project permit. Where no hearing is associated with the proposed action, an appeal of the determination of adequacy must be filed within fourteen days after the thirty-day comment period has expired.
d. Denial of a Proposal. Any denial of a project or nonproject action using SEPA policies and rules may be appealed to the hearing examiner within six days following the final administrative decision.
3. For any appeal under this subsection the city shall keep a record of the appeal proceedings, which shall consist of the following:
a. Findings and conclusions; and
b. Testimony under oath; and
c. A taped or written transcript.
4. Any procedural determination by the city’s responsible official shall carry substantial weight in any appeal proceeding.
B. The city shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal.
(Ord. O96-004, Added, 04/16/1996)
14.06.060 Reconsideration in response to SEPA comments.
Any interested person may submit written comments and request reconsideration by the development review committee within fifteen days of the date any final recommendation or decision attached to a SEPA threshold determination is issued. Unless further action is taken by the development review committee in response to such comments, the period in which to file an appeal shall terminate twenty-one days after the date such final recommendation or decision is issued. SEPA exempt actions of the committee shall not be subject to reconsideration and shall be subject to only a fourteen-day appeal period.
(Ord. O96-004, Added, 04/16/1996)
14.06.070 Notice of open record hearing.
Notice of a public hearing for all development applications and all open record appeals shall be given as follows:
A. Time and Form of Notices. Except as otherwise required, public notification of meetings, hearings, and pending actions under TMC Titles 14 through 18 shall be made at least ten days before the date of the public meeting, hearing, or pending action by:
1. Publication in the official newspaper if one has been designated or a newspaper of general circulation in the city;
2. Mailing to all owners of property as listed on the records of the Thurston County assessor within three hundred feet of the boundaries of property which is the subject of the meeting, hearing, or pending action. The director may extend notification beyond three hundred feet in cases where the area notified does not provide adequate notice to neighbors affected by the pending action. Addressed, prestamped envelopes shall be provided by the applicant;
3. Posting on the city’s website;
4. Posting at least one notice on the subject property by the applicant in accordance with specifications provided by the community development department; and
5. Whenever practical, the director may utilize additional forms of notice including, but not limited to, presentation on one or more radio or television bulletin boards or similar media commonly used for public notices or announcements.
B. Content of Notice. The public notice shall include:
1. The address and location, and/or a vicinity map or sketch of the property which is the subject of the public hearing; and
2. The date, time, location, and purpose of the public hearing; and
3. A general description of the proposed project or action to be taken; and
4. A place where further information about the hearing may be obtained.
Furthermore, the public notice shall be written in a form and use words easily understood by the general public. Any technical terms or complex legal phrases should either be avoided or restated in commonly understood language.
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.
(Ord. O2018-007, Amended, 10/16/2018; Ord. O2017-022, Amended, 12/05/2017; Ord. O2015-010, Amended, 10/20/2015; Ord. O96-004, Added, 04/16/1996)
14.06.080 Notice of appeal hearings.
In addition to the posting and publication requirements of TMC 14.06.070(A), notice of appeal hearings shall be as follows:
A. For administrative approvals, notice shall be mailed to adjacent property owners.
B. For planning commission recommendations, mailing to parties of record from the commission hearing.
(Ord. O96-004, Added, 04/16/1996)
14.06.090 Notice of decision.
A written notice for all final decisions shall be sent to the applicant and all parties of record.
(Ord. O96-004, Added, 04/16/1996)