H-630                _______________________________________________

 

                                                    HOUSE BILL NO. 430

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Representatives R. King, Brough, Zellinsky, Smitherman, Patrick, Isaacson, Winsley, Doty, Ebersole, May, P. King and Sanders

 

 

Read first time 2/1/85 and referred to Committee on Local Government.

 

 


AN ACT Relating to local government planning agencies; amending RCW 36.70.590 and 35A.63.070; and adding a new section to chapter 35.63 RCW.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  Section 36.70.590, chapter 4, Laws of 1963 and RCW 36.70.590 are each amended to read as follows:

          (1) Notice of the ((time, place and purpose of the)) hearing shall be given by at least one publication, at least ten days before the hearing, in the official newspaper of the county calling the hearing and in a newspaper of general circulation in the ((county and in the official gazette, if any, of the county at least ten days before the hearing)) area affected by the proposed action, unless the official newspapers is also a newspaper of general circulation in the county.   The board may prescribe additional methods for providing notice.

          (2) The notice required by subsection (1) of this section shall contain as a minimum the following information:

          (a) The time, place, and purpose of the public hearing;

          (b) The formal identification or citation number of the official control and a descriptive title;

          (c) A description of the geographic area that would be affected by the proposed action; and

          (d) A statement indicating where the full proposal and supporting information is available for public inspection.

          (3) Counties shall provide a complete and easily understood summary of the provisions of the official control to the general public upon request.

          (4) Counties shall establish procedures to provide additional advance notice of such hearings.  These procedures shall include but not be limited to, advance notice to individuals or organizations which have submitted written requests for notice.  Reasonable fees may be charged to defray the costs of providing the notice.

          (5) In addition to the notice required by subsection (1) of this section, at least twenty days but not more than forty days before the date of the first public hearing before the planning commission or such other body designated by the legislative authority, on a proposal to zone or rezone property, the legislative body shall cause a notice of the hearing to be mailed to the owner of each lot or parcel of property that the ordinance proposes to zone or rezone:  PROVIDED, That revisions of the text zoning ordinances which do not change land from one zone of permitted use to another shall not require mailed notice.  The notice shall be approved by the legislative body and be sufficient to make the property owner aware of the time, place, and purpose of the hearing and shall be mailed to the owner at the address shown on the last available complete tax assessment roll.  If an owner owns more than one parcel in the area proposed to be zoned or rezoned, only one notice need be mailed to that owner.  If an application for zoning or rezoning is signed by all property owners in the area to be zoned or rezoned, this subsection does not apply.

          Notice shall be deemed adequate if a good faith effort has been made by the county to identify and mail notice to each property owner at the address shown on the last available tax assessment roll.

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 35.63 RCW to read as follows:

          (1) Any notice of a hearing on an ordinance or resolution to enact the provisions of RCW 35.63.110 shall be given at least ten days before the hearing by at least one publication of the notice in the official newspaper of the political subdivision calling the hearing and in a newspaper of general circulation in the area affected by the proposed action, unless the official newspaper also meets that criterion.

          (2) The notice required by subsection (1) of this section shall contain as a minimum the following information:

          (a) The time, place, and purpose of the public hearing;

          (b) The formal identification or citation number of the ordinance or resolution, and a descriptive title;

          (c) A description of the geographic area that would be affected by the proposed action; and

          (d) A statement indicating where the full proposal and supporting information is available for public inspection.

          (3) The city or county shall provide a complete and easily understood summary of the provisions of the official control to the general public upon request.

          (4) Counties and cities shall establish procedures to provide additional advance notice of such hearings.  These procedures shall include, but not be limited to, advance notice to individuals or organizations which have submitted written requests for notice.  Reasonable fees may be charged to defray the costs of providing the notice.

          (5) In addition to the notice required by subsection (1) of this section, at least twenty days but not more than forty days before the date of the first public hearing before the planning commission or such other body designated by the legislative authority, on a proposal to zone or rezone property, the legislative body shall cause a notice of the hearing to be mailed to the owner of each lot or parcel of property that the ordinance proposes to zone or rezone:  PROVIDED, That revisions of the text of zoning ordinances which do not change land from one zone of permitted use to another shall not require mailed notice.  The notice shall be approved by the legislative body and be sufficient to make the property owner aware of the time, place, and purpose of the hearing and shall be mailed to the owner at the address shown on the last available complete tax assessment roll.  If an owner owns more than one parcel in the area proposed to be zoned or rezoned, only one notice need be mailed to that owner.  If an application for zoning or rezoning is signed by all property owners in the area to be zoned or rezoned, this subsection does not apply.

          Notice shall be deemed adequate if a good faith effort has been made by the city or county to identify and mail notice to each property owner at the address shown on the last available tax assessment roll.

 

        Sec. 3.  Section 35A.63.070, chapter 119, Laws of 1967 ex. sess. and RCW 35A.63.070 are each amended to read as follows:

          (1) After preparing the comprehensive plan, or successive parts thereof, as the case may be, the planning agency shall hold at least one public hearing on the comprehensive plan or successive part.  Notice of the time, place, and purpose of such public hearing shall be given as provided by ordinance and including at least one publication at least ten days before the hearing, in the official newspaper of the political subdivision calling the hearing and in a newspaper of general circulation ((delivered in the code city and in the official gazette, if any, of the code city, at least ten days prior to the date of the hearing.)) in the area affected by the proposed action, unless the official newspaper also meets that criteria.

          (2)(a) Any notice of a hearing on an ordinance or resolution which would adopt or amend a zoning ordinance shall be given, at least ten days before the hearing, by at least one publication of the notice in the official newspaper of the political subdivision calling the hearing, and in a newspaper of general circulation in the area affected by the proposed action, unless the official newspaper is also a newspaper of general circulation in the affected area.

          (b) The notice required by (a) of this subsection shall contain as a minimum the following information:

          (i) The time, place, and purpose of the public hearing;

          (ii) The formal identification or citation number of the ordinance or resolution and a descriptive title;

          (iii) A description of the geographic area that would be affected by the proposed action; and

          (iv) A statement indicating where the full proposal and supporting information is available for public inspection.

          (3) The city shall provide a complete and easily understood summary of the provisions of the official control to the general public upon request.

          (4) Continued hearings may be held at the discretion of the planning agency but no additional notices need be published.

          (5) Cities shall establish procedures to provide additional advance notice of such hearings.  These procedures shall include, but not be limited to, advance notice to individuals or organizations which have submitted written requests for notice.  Reasonable fees may be charged to defray the costs of providing the notice.

          (6) In addition to the notice required by subsection (1) of this section, at least twenty days but not more than forty days before the date of the first public hearing before the planning commission or such other body designated by the legislative authority, on a proposal to zone or rezone property, the legislative authority shall cause a notice of the hearing to be mailed to the owner of each lot or parcel of property that the ordinance proposed to zone or rezone:  PROVIDED, That revisions of the text of zoning ordinances which do not change land from one zone of permitted use to another shall not require mailed notice.  The notice shall be approved by the legislative authority and be sufficient to make the property owner aware of the time, place, and purpose of the hearing and shall be mailed to the owner at the address shown on the last available complete tax assessment roll.  If an owner owns more than one parcel in the area proposed to be zoned or rezoned, only one notice need be mailed to that owner.  If an application for zoning or rezoning is signed by all property owners in the area to be zoned or rezoned, this subsection does not apply.

          Notice shall be deemed adequate if a good faith effort has been made by the city to identify and mail notice to each property owner at the address shown on the last available tax assessment roll.