Chapter 20.03
PUBLIC NOTICE REQUIREMENTS
Sections:
20.03.002 Notice of application.
20.03.003 Notice of public hearing.
20.03.004 State Environmental Policy Act (SEPA) notice.
20.03.005 Shoreline master program (SMP) notice.
20.03.006 Optional public notice.
20.03.002 Notice of application.
A. Generally. A notice of application shall be provided by the director to the public, all city departments and agencies with jurisdiction of all Type II, III and IV development project permit applications in accordance with this chapter. The notice of application for these permits shall also be provided to the public by posting, publishing and mailing.
B. Issuance of Notice of Application.
1. A notice of application shall be issued within 14 days after the city has made a determination of completeness pursuant to ECDC 20.02.003.
2. If any open record predecision hearing is required for the requested development project permit(s), the notice of application shall be provided at least 14 days prior to the open record hearing.
C. Contents. The notice of application shall include the following information in a format determined by the director:
1. The date of submission of the initial application, the date of the notice of completion and acceptance of the application, and the date of the notice of application;
2. A description of the proposed project and a list of the development project permits requested in the application and, if applicable, a list of any studies requested under Chapter 36.70B RCW;
3. A description of other required permits not included in the application, to the extent known by the city at that time;
4. A description 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 setting forth: (a) the time for the public comment period, which shall be not less than 14 days following the date of notice of application; (b) the right of any person to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision on the application; and (c) any appeal rights;
6. The date, time, place and type of hearing, if a hearing has been scheduled when the date of notice of application is issued;
7. Any other information determined appropriate by the director such as the director’s threshold determination, if complete at the time of issuance of the notice of application.
D. Mailed Notice. Notice of application shall be mailed to:
1. The owners of the property involved if different from applicant; and
2. The owners of real property within 300 feet of the boundaries of the property(ies) involved in the application. Addresses for a mailed notice required by this code shall be obtained from the applicable county’s real property tax records. The adjacent property owners list must be current to within six months of the date of initial application.
3. Type III Preliminary Plat Actions. In addition to the above, requirements for mailed notice of filing for preliminary plats and proposed subdivisions shall also include the following:
a. Notice of the filing of a preliminary plat adjacent to or within one mile of the municipal boundaries of any city or town, or which contemplates the use of any city or town utilities shall be given to the appropriate city or town authorities;
b. Notice of the filing of a preliminary plat of a proposed subdivision adjoining the boundaries of Snohomish County shall be given to the appropriate county officials;
c. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway shall be given to the Secretary of Transportation;
4. For a plat alteration or a plat vacation, notice shall be as provided in RCW 58.17.080 and 58.17.090.
All mailed public notices shall be deemed to have been received on the next business day following the day that the notice is deposited in the mail.
E. Published Notice. Notice of application shall be published in the city’s official newspaper (The Everett Herald, as identified in Chapter 1.03 ECC). The format shall be determined by the director and the notice must contain the information listed in ECDC 20.03.002(C).
F. Posting. Posting of the property for site specific proposals shall consist of one or more notice boards as follows:
1. A single notice board shall be placed:
a. At the midpoint of the street fronting the site or as otherwise directed by the director for maximum visibility;
b. Five feet inside the street property line, except when the board is structurally attached to an existing building; provided, that no notice board shall be placed more than five feet from the street without approval of the director;
c. So that the bottom of the notice board is between two and four feet above grade; and
d. Where it is completely visible to pedestrians.
e. The size of the notice board shall be determined by the director.
2. Additional notice boards may be required when:
a. The site does not abut a public road;
b. A large site abuts more than one public road; or
c. The director determines that additional notice boards are necessary to provide adequate public notice.
3. Notice boards shall be:
a. Maintained in good condition during the notice period;
b. In place at least 14 days prior to the date of any hearing, and at least 14 days prior to the end of any required comment period;
c. Removed within 30 days of the date of the project decision, unless the decision is appealed. If the project decision is appealed, the sign must be removed 30 days after the appeal decision is issued.
4. Removal of the notice board prior to the end of the notice period shall be cause for discontinuance of the department review until the notice board is replaced and remains in place for the specified time period.
G. Public Comment on the Notice of Application. All public comments in response to the notice of application must be received by the city’s development services department by 4:30 p.m. on the last day of the comment period. Comments in response to the notice of application received after the comment period has expired will not be accepted no matter when they were mailed or postmarked. Comments shall be mailed or personally delivered. Comments should be as specific as possible. [Ord. 3817 § 3, 2010; Ord. 3736 § 4 (Exh. A), 2009].
20.03.003 Notice of public hearing.
A. A notice of public hearing shall be provided by the city for Type III or Type IV actions, as well as appeals of Type II actions, by mailing, posting and publishing.
B. Content of Notice of Public Hearing for All Applications. The notice of a public hearing required by this chapter shall contain:
1. The name and address of the applicant and the applicant’s representative;
2. A description of the subject property reasonably sufficient to inform the public of its location, including but not limited to a vicinity location or written description, a map or postal address, and a subdivision lot and block designation (complete legal description not required);
3. The date, time and place of the hearing;
4. The nature of the proposed use or development;
5. A statement that all interested persons may appear and provide testimony;
6. The sections of the code that are pertinent to the hearing procedure;
7. A statement explaining when information may be examined, and when and how written comments addressing findings required for a decision by the hearing body may be admitted;
8. The name of a city representative to contact and the telephone number where additional information may be obtained;
9. A statement that a copy of the application, all documents and evidence relied upon by the applicant, and applicable criteria are available for inspection at no cost and that copies will be provided at the requestor’s cost; and
10. A statement explaining that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and that copies will be provided at the requestor’s cost.
C. Mailed Notice. Mailed notice of the public hearing shall be provided as follows:
1. The notice of the public hearing shall be mailed to:
a. The applicant;
b. The owner of the subject property, if different from applicant;
c. All owners of real property, as shown by the records of the county assessor, within 300 feet of the boundaries of the property(ies) involved in the application; and
d. Any person who submits public comments on an application;
2. Type III Preliminary Plat Actions. In addition to the above, requirements for mailed notice of public hearing for preliminary plats and proposed subdivisions shall also include the following:
a. 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 under RCW 58.17.090(1)(b) shall be given to owners of real property located with 300 feet from any portion of the boundaries of the adjacent parcels owned by the owner of the real property to be subdivided.
3. For a plat alteration or a plat vacation, notice shall be as provided in RCW 58.17.080 and 58.17.090.
4. Procedure for Mailed Notice of Public Hearing.
a. The records of the Snohomish 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 the applicable county’s real property tax records.
b. All mailed public notices shall be deemed to have been received on the next business day following the day that the notice is deposited in the mail.
D. Procedure for Posted or Published Notice of Public Hearing.
1. Posted notice of the public hearing shall comply with requirements set forth in ECDC 20.03.002(F).
2. Notice of public hearing shall be published in the city’s official newspaper (The Everett Herald, as identified in Chapter 1.03 ECC). The format shall be determined by the director and the notice must contain the information listed in subsection (B) of this section.
E. Time of Notice of Public Hearing. Notice shall be mailed, posted and first published not less than 14 or more than 30 days prior to the hearing date. [Ord. 3817 § 3, 2010; Ord. 3736 § 4 (Exh. A), 2009. Formerly 20.03.004].
20.03.004 State Environmental Policy Act (SEPA) notice.
A. Whenever possible, the city shall integrate the public notice required under this subsection with existing notice procedures for the city’s nonexempt permit(s) or approval(s) required for the proposal.
B. Whenever the city issues a determination of nonsignificance (DNS) under WAC 197-11-340(2) or a determination of significance (DS) under WAC 197-11-360(3) the city shall give public notice as follows:
1. If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due.
2. If an environmental document is issued concurrently with the notice of application, the public notice requirements for the notice of application in RCW 36.70B.110(4) will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1).
3. If no public notice is otherwise required for the permit or approval, the city shall give notice of the DNS or DS by:
a. Posting the property, for site specific proposals;
b. Mailed to real property owners as shown by the records of the county assessor within 300 feet of the boundary of the property, for site specific proposals; and
c. Publishing notice in the city’s official newspaper (or if one has not been designated, in a newspaper of general circulation within the city).
4. Whenever the city issues a DS under WAC 197-11-360(3), the city shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.
C. If a DNS is issued using the optional DNS process, the public notice requirements for a notice of application in RCW 36.70B.110(4) as supplemented by the requirements in WAC 197-11-355 will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1)(b).
D. Whenever the city issues a draft environmental impact statement (DEIS) under WAC 197-11-455(5) or a supplemental environmental impact statement (SEIS) under WAC 197-11-620, notice of the availability of those documents shall be given by:
1. Indicating the availability of the DEIS in any public notice required for a nonexempt license;
2. Posting the property, for site specific proposals;
3. Mailed to real property owners as shown by the records of the county assessor within 300 feet of the boundary of the property, for site specific proposals; and
4. Publishing notice in the city’s official newspaper (or if one has not been designated, in a newspaper of general circulation within the city).
E. Public notice for projects that qualify as planned actions shall be tied to underlying permit; the notice shall state that the project has qualified as a planned action. If notice is not otherwise required for the underlying permit, no special notice is required.
F. The city may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. [Ord. 3818 § 2, 2010; Ord. 3817 § 3, 2010].
20.03.005 Shoreline master program (SMP) notice.
A. Methods of Providing SMP Notice. Notice of the application of a permit under the purview of the city’s shoreline master program shall be given by one or more of the following methods:
1. Mailing of the notice to real property owners as shown by the records of the county assessor within 300 feet of the boundary of the property upon which the proposed project is to be built;
2. Posting of the notice in a conspicuous manner, as determined by the director, on the property upon which the project is to be constructed; or
3. Any other manner deemed appropriate by the director to accomplish the objectives of reasonable notice to adjacent landowners and the public.
B. Content of SMP Notice. SMP notices shall include:
1. A statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning an application, may submit comments, or requests for the decision, to the director within 30 days of the last date that notice is published pursuant to this subsection;
2. A statement that any person may submit oral or written comments at the hearing;
3. An explanation of the manner in which the public may obtain a copy of the city’s decision on the application no later than two days after its issuance.
C. Public Comment Period. The public comment period shall be 30 days.
D. The director shall mail or otherwise deliver a copy of the decision to each person who submits comments or a written request for the decision. [Ord. 3817 § 3, 2010].
20.03.006 Optional public notice.
The director, in his or her sole discretion, may:
A. Notify the public or private groups with known interest in a proposal or type of proposal;
B. Notify the news media;
C. Place notices in appropriate regional or neighborhood newspapers or trade journals;
D. Publish notice in agency newsletters or send notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; and
E. Mail notice to additional neighboring property owners. [Ord. 3817 § 3, 2010; Ord. 3736 § 4 (Exh. A), 2009. Formerly 20.03.003].