Chapter 16B.05
PUBLIC NOTICE
Sections:
16B.05.010 Notice of Application.
16B.05.020 Contents of Notice of Application and Other Notices.
16B.05.030 Method of Public Notice by Application and Action Type.
16B.05.040 Public Comment on the Notice of Application.
16B.05.050 Public Notice of Closed Record Hearings.
16B.05.010 Notice of Application.
(1) Yakima County shall issue a notice of application on all Type 2, 3, and 4 project types within fourteen (14) days after the County has made a determination of completeness on the project permit application.
(2) Yakima County shall issue a Notice of Application within fourteen days of the County’s determination of completeness for projects for which a comment period or an open record pre-decision hearing is required as part of a consolidated permit review process as described in Section 16B.03.060 of this Code.
(3) For projects not exempt from environmental review under SEPA, the notice of environmental review and determinations shall be provided in accordance with this Chapter, Chapter 16.04 and Chapter 16B.06 of this Code, including a required notice of application. If the highest numbered permit underlying the SEPA review is a Type 1 permit, construction permit or another similar administrative permit or license, the notice of application shall be issued using the method identified in YCC 16B.05.030(1) within fourteen days of the County’s determination of completeness.
(4) If an open record pre-decision 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.
(5) The applicant shall be responsible for providing services or materials to assist the County in carrying out the public notice requirements as requested, such as posting the site.
(6) The applicant shall be responsible for the following costs of providing public notice:
(a) Postage fees;
(b) Publication fees;
(c) Photocopies and printing costs; and
(d) Documented staff time involved in preparing, sending and implementing notice procedures.
(Ord. 7-2017 § 2 (Exh. A)(part), 2017: Ord. 5-2012 § 2 (Exh. A) (part), 2012: Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).
16B.05.020 Contents of Notice of Application and Other Notices.
The Notice of Application and other notices required in this Chapter shall include the items required by RCW 36.70B.110 (2) and the following:
(1) For projects subject to SEPA review, the Notice of Application may include a preliminary SEPA determination if one has been made at the time pursuant to RCW 36.70B.060 and WAC 197-11-355;
(2) A statement of the limits of the public comment period, which shall be fourteen calendar days following the date of the Notice of Application, unless a greater comment period is required by state law, except that a 30-day comment period shall be provided in the event of any project permit or action located within 500 feet of the perimeter of the Yakima Training Center. Nothing in this Section shall preclude the County from accepting 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;
(3) If the County as lead agency has a reasonable basis for determining that significant adverse environmental impacts are unlikely at the outset of project permit application review, the optional process under RCW 36.70B.060 and WAC 197-11-355 may be used to combine the comment periods on the Notice of Application and SEPA. In such instances, a second comment period under SEPA will typically not be required when the threshold determination is issued. Where the optional process is used, the contents of the notice of application shall include the items required by WAC 197-11-355(2)(a) and (b).
The Notice of Application and environmental checklist shall be circulated as required under Title 16 of this Code and shall be subject to the notice requirements of this Title.
(Ord. 7-2017 § 2 (Exh. A)(part), 2017: Ord. 5-2012 § 2 (Exhs. A, B) (part), 2012: Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).
16B.05.030 Method of Public Notice by Application and Action Type.
(1) Public notice of project permit applications and amendments to comprehensive plans and development regulations described in YCC Chapter 16B.10, shall be provided in the manner specified in Table 5-1.
(a) Any project permit or other action that is not categorically exempt from SEPA requires public notice. If no notice of application is required, then a threshold determination may serve as the required public notice. The threshold determination and checklist shall be circulated to agencies with jurisdiction or expertise as defined in WAC 197-11-714 and listed in YCC 16B.05.030(3)(a)(iii) through (vi). If public notice is not required as part of any underlying permit or action related to the SEPA review, no other method of public notice, such as publishing or notice to adjacent property owners, shall be required.
(b) Notice of the availability of a draft or supplemental environmental impact statement under YCC 16.04.180 shall be provided using the methods listed in WAC 197-11-510(1)(a) through (c) and may be combined with the Notice of Application or hearing on the underlying permit or legislative action.
(2) Table 5-1 may require more than one type of notice for some applications. In the case of conflicts between Table 5-1 below and other notice provisions contained in other Titles of Yakima County Code or provisions in State law, the most lengthy and greater notice requirements shall apply.
|
Process Type |
Mailing (2) |
Posting of Property |
Published in Newspaper |
Posting the Hearing Examiner’s Agenda(6) |
|---|---|---|---|---|
|
Type 1 |
No (1), (3) |
No |
No |
Not Applicable |
|
Type 2 |
Yes (1) |
No |
No |
Yes (when applicable) |
|
Type 3 |
Yes |
Yes |
Yes |
Yes |
|
Type 4 |
Yes |
Yes |
Yes |
Yes |
|
Development Agreement |
No |
No |
Yes |
Yes |
|
Site-specific policy plan map amendment |
Yes (4) |
Yes |
Yes |
Not Applicable |
|
Legislative action |
Yes (5) |
No |
Yes |
Not Applicable |
|
Notes: |
|
|
(1) |
In case of an open record appeal hearing of a Type 1 or Type 2 project permit, notice will be provided to property owners described in Subsection (3)(a) of this Section. |
|
(2) |
Project permits and other actions that are subject to environmental review (SEPA) shall have the threshold determination and checklist associated with the project permit or action circulated to the applicant and to agencies with jurisdiction or expertise as defined in WAC 197-11-714 and listed in Subsections (3)(a)(iii) through (vi) of this Section. |
|
(3) |
If the underlying permit is a Type 1, road approach, grading or building permit for which no other project permit application is required, APO notice of a SEPA determination shall not be required. |
|
(4) |
Notice of site-specific policy plan map amendment proposals shall be provided according to YCC 16B.10.080 and to adjacent property owners described in Subsection (3)(a)(i) of this Section. |
|
(5) |
Notice of policy plan map amendments and text amendments described in YCC Chapter 16B.10 shall be provided according to YCC 16B.10.080. |
|
(6) |
The agenda for each Hearing Examiner hearing shall be posted in the division’s offices and on the county’s website for public review at least seven (7) days before the hearing. |
(3) Notice of Application or Notice of Site-Specific Policy Plan Map Amendment – Mailing.
(a) When required, written notice of the application or amendment will be sent as specified in Subsection (c) below by the Planning Division to the following parties:
(i) Adjacent property owners (APO) of real property, as listed on the most current Yakima County Assessor records, located as follows:
(A) For all project permits or site-specific amendments, notice of the proposal shall be sent to all owners of property located within 300 feet of any portion of the boundary of the proposed project permit application or amendment site. If the owner of the proposed project permit or amendment site also owns another parcel or parcels of real property adjacent to the proposed project permit or amendment site, notice 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 proposed project permit or amendment site;
(B) For linear transmission facility projects, notice of the proposal shall be sent to all owners of property located within 660 feet from the centerline of the linear transmission facility;
(C) Where establishing a Mining Zoning District, notice of the proposal shall be sent to all owners of property located within one-half mile of the boundaries of the subject property, or of the boundaries of any contiguous properties under the same mining operation, and to owners adjacent to any private access roads that would serve as haul roads;
(D) Where establishing or modifying a mineral batching, processing or mining/site operation, notice of the proposal shall be sent to all owners of property located within one-half mile of the boundaries of the subject property, or of the boundaries of any contiguous properties under the same mining operation, and to owners adjacent to any private roads that would serve as haul roads.
(ii) The contact person for the permit application;
(iii) Interested or affected public agencies with jurisdiction;
(iv) Affected Indian tribes;
(v) Cities or towns within one mile of the proposal; and
(vi) The installation commander of the Yakima Training Center in the event of any project permit or action located within 500 feet of the perimeter of the Yakima Training Center.
(b) If the open record hearing date is not specified in the Notice of Application or notice of proposed policy plan map amendment, a second notification listing the open record hearing date must be sent through first-class mail, electronic mail, or postcard at least fifteen days prior to the first public hearing on Type 3 and Type 4 project applications, or at least ten days prior to a public hearing before the Planning Commission or BOCC on site-specific plan amendment proposals. This notice must be sent to those parties who were originally sent a Notice of Application or amendment.
(c) The written Notice of Application or notice of proposed policy plan map amendment shall be sent through first-class mail, which may be by postcard. The County, may, however, provide notification by electronic mail when requested by the recipient.
(4) Posting of Project or Posting of Site-Specific Policy Plan Map Amendment Site. Posting of the project site may be required prior to an open record public hearing on Type 3 and 4 project applications and is required prior to a public hearing before the Planning Commission or BOCC on site-specific plan amendment proposals described in YCC Chapter 16B.10. Posting is not required for Urban Growth Area amendments. Posting, when required, shall consist of signs provided by the Planning Division which shall be placed by the applicant at least fifteen days prior to the date of the public hearing on project applications, or at least ten days prior to a public hearing before the Planning Commission or BOCC on site-specific plan amendment proposals. Signs shall be posted on the subject property so as to be clearly seen from each right-of-way providing primary vehicular access to the subject property. The posted notice shall identify the project action or proposed amendment and contain other such information required by law and additional information required by the Reviewing Official. The applicant shall be responsible for removal of the posted notice upon the conclusion of the hearing.
(5) Publication Notice.
(a) When required, public notice of project permit applications and site-specific policy plan map amendments shall be published in a newspaper of general circulation in the general area of the proposal. Notice of a project permit application may be published in a local land use newsletter published by Yakima County in lieu of publication in a newspaper of general circulation. The notice shall be published once, at least fifteen days prior to the date of the first public hearing on the underlying project permit or at least ten days prior to a public hearing before the Planning Commission or BOCC for legislative actions described in YCC Chapter 16B.10. This notice shall include the project location or other description of the site in other than a legal description, a brief description of the project, type of permit(s) required, comment period dates, hearing dates if applicable, and a location where the complete application may be reviewed.
(b) Continuation of Hearings. If the Hearing Examiner, Planning Commission, or BOCC determines at a hearing that there is a good cause to continue such proceeding and publicly specifies the date, time, and place and immediately posts a note so saying near the hearing room’s door where it is visible to the public, no further notice is required. When determination for a further hearing is made following the closing of a hearing on a given matter, notice of the date, time, place, and nature of the subsequent hearing shall be published in the same manner as required for the initial hearing; and concurrent written notice to all parties of record shall also be provided. Whenever any hearing is determined to be continued, a notice of continuance shall be conspicuously posted immediately after the determination on or near the door of the place where the hearing was being held. When a hearing is continued, the resulting continued hearing is a regular hearing for all purposes unless specifically limited by the order granting continuance.
(6) Closed Record Public Hearing Notice. Public notice of closed record public hearings will be provided in accordance with Section 16B.05.050 of this Chapter.
(Ord. 2-2022 §3 (Exh. 1), 2022; Ord. 7-2017 § 2 (Exh. A)(part), 2017: Ord. 5-2012 § 2 (Exhs. A, B) (part), 2012: Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).
16B.05.040 Public Comment on the Notice of Application.
All public comments received by the Planning Division by close of business on the last day of the comment period must be considered. Comments may be mailed, personally delivered or sent by facsimile. To be considered, comments must identify the name and physical or post office address of the sender. Comments should be as specific as possible.
(Ord. 7-2017 § 2 (Exh. A)(part), 2017: Ord. 5-2012 § 2 (Exh. A) (part), 2012: Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).
16B.05.050 Public Notice of Closed Record Hearings.
Public notice of closed record hearings will be provided by first-class, electronic or postcard mailing to “parties of record” only as defined by Chapter 16B.02 of this Title.
(Ord. 7-2017 § 2 (Exh. A)(part), 2017: Ord. 5-2012 § 2 (Exh. A) (part), 2012: Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).