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A. Notice. All notices for consideration of a zoning permit shall state the nature of the request, the location of the property, the manner in which additional information may be obtained, any deadline for written comments, and, if applicable, the date for a public meeting or hearing that will be held to consider the project. Notice shall be provided as indicated in Table 17.400-2 and as follows:

1. Notice of a public hearing shall be provided as established by Chapter 17.460 SMC.

2. Notice for consideration of permits that do not require a public hearing shall be mailed and posted as required by Table 17.400-2. If applicable, said notice shall state any deadline to request a public hearing before the decision-making body.

B. Public Comment. The public shall be provided an opportunity to make written comments during the minimum public comment period identified in Table 17.400-2. The public shall be provided an opportunity to make oral or written comments during the public hearing for consideration of any permits that require a public hearing as identified in Table 17.400-2.

C. Public Hearing Requirements.

1. A public hearing shall be held for zoning permits where a public hearing requirement is identified in Table 17.400-2. Public hearings shall be held consistent with the requirements of Chapter 17.460 SMC.

Table 17.400-2. Public Notice, Public Comment, and Public Hearing Requirements

Type of Zoning Permit

Public Hearing Requirement

Public Notice Requirements

Minimum Public Comment Period1

Administrative Permit

None

None

None

Adjustment

None

Notice mailed to all owners of property adjoining the exterior boundaries of the subject property

12 days from mailing of notice

Conditional Use Permit – Planning Director

Yes

SMC 17.460.020

12 days from publication of the notice

Conditional Use Permit – Planning Commission

Yes

SMC 17.460.020

12 days from publication of notice

Variance

Yes

SMC 17.460.020

12 days from publication of notice

Reasonable Accommodation

No

None

None

Temporary Use Permit, six months or less

None

Notice mailed to all owners of property adjoining the exterior boundaries of the subject property

12 days from mailing of notice

Temporary Use Permit, more than six months

None

Notice mailed to all owners of property adjoining the exterior boundaries of the subject property, published in a newspaper of general circulation, and posted in at least three public places including the area directly affected by the requested permit

12 days from mailing of notice

Downtown Noise Permit, small event

None

Notice mailed to all owners of property adjoining the exterior boundaries of the subject property and posted in at least three public places including the area directly affected by the requested permit

12 days from mailing of notice

Downtown Noise Permit, large event

None

Notice mailed to all owners of property within 600 feet of the exterior boundaries of the subject property, published in a newspaper of general circulation, and posted in at least three public places including the area directly affected by the requested permit

12 days from mailing of notice

Development Agreement

Yes

SMC 17.460.020

12 days from publication of the notice

General Plan Amendment, Text or Map

Yes

SMC 17.460.020

12 days from publication of the notice

Zoning Code Amendment, Text or Map

Yes

SMC 17.460.020

12 days from publication of the notice

Design Review, Planning Director

None2

None

None

Design Review, Design Review Board

None2

None

None

1No decision on the zoning permit shall be made prior to the close of the public comment period.

2A public hearing shall be scheduled, at the discretion of the City Council or the Design Review Board or the Planning Director if the application does not require a public hearing before another board or commission, or the City Council and if the project involves, for residential developments, construction of 10 or more units, or for nonresidential or mixed-use development, construction of 10,000 square feet of floor area or more, except when the application qualifies for exemption from a public hearing requirement under State law.

D. Zoning Permit Decision Procedures.

1. The decision-making body shall consider the recommendations of Planning Department staff and, if any, the recommendations of the Design Review Board or Planning Commission as applicable.

2. The decision-making body shall determine whether the application conforms to the criteria established in Chapters 17.400 through 17.470 SMC for the specific approval requested and to all other applicable criteria and standards established by this title.

3. In order to grant any use permit, the decision-making body must find that the general and other applicable use permit criteria are satisfied.

4. In granting any use permit, the decision-making body may designate such conditions, in connection with the permit, as it deems necessary in order to secure the purposes of this code, and may require guarantees and evidence that such conditions are being, or will be, complied with. (Ord. 1116 §§ 8, 10, 11, 2018; Ord. 1111, 2018)