The purpose of this part of the Chapter is to provide the regulations for public notice and public availability of environmental documents, for circulation of environmental decisions to agencies and members of the public, public hearings and meetings, and response to comments received during the process. This section should be read in conjunction with the applicable administrative provisions in TMC Chapter 13.05 as they apply to land use permitting decisions. It also incorporates the following sections of the Washington Administrative Code by reference:
WAC 197-11-500
Purpose of this part.
WAC 197-11-502
Inviting comment.
WAC 197-11-504
Availability and cost of environmental documents.
WAC 197-11-508
SEPA Register.
WAC 197-11-535
Public hearings and meetings.
WAC 197-11-545
Effect of no comment.
WAC 197-11-550
Specificity of comments.
WAC 197-11-560
FEIS response to comments.
WAC 197-11-570
Consulted agency costs to assist lead agency.
(Ord. 27995 Ex. J, 2011-06-14)
A. 
When notice is required, the responsible official must use reasonable methods to inform the public and other agencies that an environmental document is being prepared or is available and that public hearing(s), if any, will be held.
B. 
Notice requirements, DNS.
1. 
When a land use decision is required for a proposal, notice of the SEPA pre-threshold determination or the availability of the final environmental impact statement shall be provided in conjunction with notification of the proposed land use action. The notice shall inform recipients where the SEPA records are located and that a final environmental determination shall be made following a comment period.
2. 
Notice of the SEPA pre-threshold environmental determination for projects which do not require a land use decision shall be published in a newspaper of general circulation within the area in which the project is located, and shall include information as stated above.
3. 
Notice of the SEPA pre-threshold environmental determination for non-project actions shall be provided in conjunction with notification of the earliest hearing (e.g., Planning Commission). Such notice shall be published in a newspaper of general circulation within the area in which the project is located, and shall include information as stated above.
4. 
If an appeal is filed, notification of hearing such appeal shall be mailed to parties of record and to all parties who have indicated in writing an interest in the proposed land use action.
C. 
Notice requirements, EIS.
1. 
Notice of determination of significance, scoping, and availability of draft and final EISs shall be published in a newspaper of general circulation within the area in which the project is located.
2. 
The determination of significance and scoping notice shall be mailed by first class mail to the applicant; property owner (if different from applicant); Neighborhood Councils, and qualified neighborhood or community organizations in the vicinity where the proposal is located; the Puyallup Tribal Nation for substantial actions defined in the “Agreement Between the Puyallup Tribe of Indians, Local Governments in Pierce County, the State of Washington, the United States of America, and Certain Property Owners,” dated August 27, 1988; and to taxpayers as indicated by the records of the Pierce County Assessor, within 400 feet of the proposed action. Those parties who comment on the project shall receive notice of the draft and final EISs.
3. 
A public information sign shall be erected on the site by the applicant, in a location determined by the staff responsible for carrying out the SEPA responsibilities, within seven calendar days of the date of issuance of the determination of significance. The sign shall contain, at a minimum, the following information: type of application, name of applicant, description and location of proposal, and where additional information can be obtained. The sign shall remain on the site until a final decision on the project is made.
D. 
Documents which are required to be sent to the Department of Ecology will be published in the SEPA register, which will also constitute a form of public notice. However, publication in the SEPA register shall not, in itself, meet the notice requirements.
(Ord. 27995 Ex. J, 2011-06-14)
A. 
The director of the department with appropriate expertise shall be responsible for preparation of written comments responding to a consultation request from another lead agency prior to a threshold determination, participation in scoping, and reviewing a DEIS.
B. 
The director shall be responsible for the City’s compliance with WAC 197-11-550 whenever such department is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the City.
(Ord. 27995 Ex. J, 2011-06-14)
(Substantive authority and mitigation. Ord. 23262 § 8, 1984-09-25; Ord. 25856 § 8, 1996-01-27; Ord. 27296 § 39, 2004-11-16; repealed and relocated to § 13.12.810 by Ord. 28011 Ex. A, 2011-08-23)
(Appeals of SEPA threshold determination and adequacy of final environmental impact statement. Ord. 23262 § 8, 1984-09-25; Ord. 25738 § 10, 1995-07-18; Ord. 25856 § 9, 1996-01-27; Ord. 27893 Ex. A, 2010-06-15; repealed and relocated to § 13.12.820 by Ord. 28011 Ex. A, 2011-08-23)
(Appeal from denial or conditioning of an administrative permit. Ord. 23262 § 8, 1984-09-25; repealed by Ord. 25856 § 10, 1996-01-27)