23.76.012

A. Notice 1. No notice of application is required for Type I decisions, except a notice of application is required for: a. All projects in MPC zones that are subject to Master Planned Community design review in Section 23.41.020 , as described in subsection 23.76.012.B.6; b. An application for a Type I permit with an interim design review exemption as described in subsection 23.41.004.E.3; and c. An application for a light rail transit facilities Type I permit as described in subsection 23.76.006.B. 2. Within 14 days after the Director determines that an application is complete, for the following types of applications, the Director shall provide notice of the application and an opportunity for public comment as described in this Section 23.76.012 : a. An application for a Type I permit with an interim design review exemption as described in subsection 23.41.004.E.3; b. An application for a light rail transit facilities Type I permit as described in subsection 23.76.006.B; c. Type II Master Use Permits; d. Type III Master Use Permits; e. Type IV Council land use decisions, provided that for amendments to property use and development agreements, additional notice shall be given pursuant to subsection 23.76.058.C; and f. The following Type V Council land use decisions: 1) Major Institution designations and revocation of Major Institution designations; 2) Concept approvals for the location or expansion of City facilities requiring Council land use approval; and 3) Waivers or modification of development standards for City facilities. 3. Other agencies with jurisdiction. The Director shall provide notice to other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the project to the extent known by the Director. 4. Early review determination of nonsignificance (DNS). In addition to the requirements of subsection 23.76.012.A.3, the Director shall provide a copy of the early review DNS notice of application and environmental checklist to the following: a. State Department of Ecology; b. Affected tribes; c. Each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal; and d. Persons who submit a written request for this information and who provide an address for notice. B. Types of notice required 1. For projects subject to a Type II environmental determination pursuant to Section 23.76.006 or design review pursuant to Section 23.41.004 , a Type I permit with an interim design review exemption as described in subsection 23.41.004.E.3, or light rail transit facilities Type I permits described in subsection 23.76.006.B, the Department shall direct the installation of a large notice sign on the site, unless an exemption or alternative posting as set forth in this subsection 23.76.012.B is applicable. The large notice sign shall be located so as to be clearly visible from the adjacent street or sidewalk, and shall be removed by the applicant at the direction of the Department after final City action on the application is completed. a. In the case of submerged land, the large notice sign shall be posted on adjacent dry land, if any, owned or controlled by the applicant. If there is no adjacent dry land owned or controlled by the applicant, notice shall be provided according to subsection 23.76.012.B.1.c. b. Projects limited to interior remodeling, or that are subject to a Type II environmental determination pursuant to Section 23.76.006 only because of location over water or location in an environmentally critical area, are exempt from the large notice sign requirement. c. If use of a large notice sign is neither feasible nor practicable to ensure that notice is clearly visible to the public, the Department shall post ten placards within 300 feet of the site. d. The Director may require both a large notice sign and the alternative posting measures described in subsection 23.76.012.B.1.c, or may require that more than one large notice sign be posted, if necessary to ensure that notice is clearly visible to the public. 2. For projects that are categorically exempt from environmental review, the Director shall post one land use sign visible to the public at each street frontage abutting the site except that if there is no street frontage or the site abuts an unimproved street, the Director shall post more than one sign and/or use an alternative posting location so that notice is clearly visible to the public. The land use sign shall be removed by the applicant after final action on the application is completed. 3. For all projects requiring notice of application, the Director shall provide notice in the Land Use Information Bulletin. For projects requiring installation of a large notice sign or subject to design review pursuant to Section 23.41.014 , notice in the Land Use Information Bulletin shall be published after installation of the large notice sign required in subsection 23.76.012.B.1. 4. The Director shall provide mailed notice of: a. Applications for variances, administrative conditional uses, special exceptions, temporary uses for more than four weeks, light rail transit facilities that are Type I and Type II decisions, shoreline variances, shoreline conditional uses, short plats that do not exclusively create unit lots, early design guidance process for administrative design review and streamlined administrative design review, subdivisions, Type IV Council land use decisions, amendments to property use and development agreements, Major Institution designations and revocation of Major Institution designations, concept approvals for the location or expansion of City facilities requiring Council land use approval, and waivers or modification of development standards for City facilities, and applications receiving an exemption from design review pursuant to temporary provisions in subsection 23.41.004.E.3; and b. The first early design guidance meeting for a project subject to design review pursuant to Section 23.76.014 . C. Contents of notice 1. The City's official notice of application is the notice placed in the Land Use Information Bulletin, which shall include the following required elements as specified in RCW 36.70B.110: a. Date of application, date of notice of completion for the application, and the date of the notice of application; b. A description of the proposed project action and a list of the project permits included in the application, including if applicable: 1) A list of any studies requested by the Director; 2) A statement that the project relies on the adoption of a Type V Council land use decision to amend the text of Title 23 ; c. The identification of other permits not included in the application to the extent known by the Director; d. The identification of existing environmental documents that evaluate the proposed project, and the location where the application and any studies can be reviewed; e. A statement of the public comment period and the right of any person to comment on the application, request an extension of the comment period, receive notice of and participate in any hearings, and request a copy of the decision once made, and a statement of any administrative appeal rights; f. The date, time, location, virtual location if applicable, and type of hearing, if applicable and if scheduled at the date of notice of the application; g. A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and the proposed project's consistency with development regulations; h. A statement that an advisory committee is to be formed as provided in Section 23.69.032 , for notices of intent to file a Major Institution master plan application; i. Any other information determined appropriate by the Director; and j. The following additional information if the early review DNS process is used: 1) A statement that the early review DNS process is being used and the Director expects to issue a DNS for the proposal; 2) A statement that this is the only opportunity to comment on the environment impacts of the proposal; 3) A statement that the proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and 4) A statement that a copy of the subsequent threshold determination for the proposal may be obtained upon written request. 2. All other forms of notice, including but not limited to large notice and land use signs, placards, and mailed notice, shall include the following information: the project description, location of the project, date of application, location where the complete application file may be reviewed, and a statement that persons who desire to submit comments on the application or who request notification of the decision may so inform the Director in writing within the comment period specified in subsection 23.76.012.D. The Director may, but need not, include other information to the extent known at the time of notice of application. Except for the large notice sign, each notice shall also include a list of the land use decisions sought. The Director shall specify detailed requirements for large notice and land use signs. D. Comment period. The Director shall provide a 14-day public comment period prior to making a threshold DNS or publishing a decision on the project; provided that the comment period shall be extended by 14 days if a written request for extension is submitted within the initial 14-day comment period; provided further that the comment period shall be 30 days for applications requiring shoreline decisions except that for limited utility extensions and bulkheads subject to Section 23.60A.064 , the comment period shall be 20 days as specified in Section 23.60A.064 . The comment period shall begin on the date notice is published in the Land Use Information Bulletin. Comments shall be filed with the Director by 5 p.m. of the last day of the comment period. If the last day of the comment period is a Saturday, Sunday, or federal or City holiday, the comment period shall run until 5 p.m. the next day that is not a Saturday, Sunday, or federal or City holiday. Any comments received after the end of the official comment period may be considered if the comment is material to review yet to be conducted. E. If a Master Use Permit application includes more than one decision component, notice requirements shall be consolidated and the broadest applicable notice requirements imposed. F. The mailing list used for the Land Use Information Bulletin shall be updated annually in consultation with the Director of the Department of Neighborhoods. (Ord. 127228 , § 25, 2025; Ord. 127100 , § 6, 2024; Ord. 126684 , § 5, 2022; Ord. 125603 , § 71, 2018; Ord. 125429 , § 27, 2017; Ord. 124843 , § 57, 2015; Ord. 124378 , § 77, 2013; Ord. 123963, § 30, 2012; Ord. 123913, § 9, 2012; Ord. 123495, § 78, 2011; Ord. 121477 § 46, 2004; Ord. 121476 § 20, 2004; Ord. 119096 § 6, 1998; Ord. 118980 § 7, 1998; Ord. 118794 § 48, 1997; Ord. 118672 § 25, 1997; Ord. 118181 § 4, 1996; Ord. 118012 § 28, 1996; Ord. 117789 § 9, 1995; Ord. 116909 § 9, 1993; Ord. 115244 § 1, 1990; Ord. 112522 § 2, 1985)