Skip to main content
Loading…
This section is included in your selections.

A. Generally. A notice of application shall be issued on all Type II, III and IV project permit applications except as otherwise provided in subsection B of this section.

B. SEPA Exempt Projects. A notice of application shall not be required for project permits that are categorically exempt under SEPA, 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. The address of the project site and/or a sufficient description of the location to allow interested parties to view the site;

3. 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;

4. The identification of other permits not included in the application, to the extent known by the city;

5. 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;

6. A statement that the public comment period shall be 21 calendar days following the date of notice of application, or 30 calendar days in the case of shorelines substantial development permits, shorelines conditional use permits and shorelines variances, and that any person has the right to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and appeal the decision; such statement shall provide the issuance date of the notice of application and the commencement of the public comment period, and shall specify the final day and time for submittal of comments;

7. A statement that the application and all other documents pertaining to, and together constituting the file for, the application shall be available for inspection at the start of any comment or appeal period; that anyone may request a copy of any such materials from the file, at that person’s cost; and that any such copies requested shall be made available no later than 3:00 p.m. of the third day following receipt of the request;

8. The date, time, place and type of hearing, if applicable and scheduled at the date of notice of the application;

9. 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 Chapter 11.04 BMC;

10. Any other information determined appropriate by the city, such as the city’s threshold determination, if complete at the time of issuance of the notice of application.

D. Time Frame for Issuance of Notice of Application.

1. Within 14 calendar days after the city has made a determination of completeness of a project permit application, the city shall issue a notice of application in the manner provided in Chapter 11.19 BMC.

2. If the applicant fails to provide public notice of the NOA as required under Chapter 11.19 BMC within 120 calendar days after the city has made a determination of completeness, the department of community development director shall make findings and issue a decision, according to the Type I procedure in BMC 11.04.003, that the application has lapsed for failure to meet the public notice requirements set forth herein.

3. If any open record predecision hearing is required for the requested project permit(s), the notice of application shall be provided to the public at least 21 calendar days prior to the open record hearing.

E. Methods for Notice. The notice of application shall be given to the public and to agencies with jurisdiction as set forth in Chapter 11.19 BMC, Public Notice.

F. Public Comment on the Notice of Application. All public comments received on the notice of application must be received in the city community development department by 5:00 p.m. on the last day of the comment period. Comments may be mailed, personally delivered or sent by facsimile. (Ord. 2043 § 2 (Exh. B), 2010; Ord. 1815 § 1, 2000; Ord. 1768 § 7, 1999; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).