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Ordinance 34690006.900000 JZL/ 8/27/03 ORDINANCE NO. 3469 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTIONS 5.30.110 AND 5.30.120 OF THE EDMONDS CITY CODE; IN ORDER TO IMPOSE RESTRICTIONS ON CONSTRUCTION NOISE; CLARIFY A LIMITED EXCEPTION FOR INCIDENTAL HOME MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES; AND AMEND THE VARIANCE PROCESS AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City of Edmonds currently regulates the emission of noise through Chapter 5.30 of the Edmonds City Code (ECC);and WHEREAS, ECC 5.30.110 currently exempts from City regulations certain noise originating from temporary construction sites in residential districts; and WHEREAS, the City Council desires to amend ECC 5.30.110 in order to further limit the City's current exemption for construction noise; and WHEREAS, the City Council finds that further limiting the hours within which construction noise may originate will benefit the City's residential neighborhoods by ensuring tranquility and calm during sensitive hours, while simultaneously preserving a sufficient opportunity for necessary construction activities to occur; and WHEREAS, the City Council finds that it is appropriate to amend ECC 5.30.120 to provide a practical way to address unusual circumstances that can arise which may necessitate granting administrative variances where unusual physical or economic circumstances arise and {JZL550060.DOC;1 /00006.900000/1 - I - there is not time to process such variances through the normal Hearing Examiner hearing process; and WHEREAS, the City Council recognizes that any noise regulation differing from the standards prescribed by the State Department of Ecology (DOE) must receive DOE's approval prior to becoming effective; and WHEREAS, DOE has reviewed and formally approved this ordinance by letter dated, September 30, 2003, attached hereto as Exhibit A and incorporated herein by this reference as if set forth in full; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 5.30.1.10 Sounds exempt during daytime hours of the Edmonds City Code is hereby amended to read as follows: 5.30.110 Sounds exempt during daytime hours. A. The following sounds are exempt from the provisions of this chapter between the hours of 7:00 a.m. to 10:00 p.m.: 1. Sounds originating from residential property relating to homeowner - sponsored temporary projects for the maintenance and repair of existing homes and grounds, including but not limited to lawn mowers, saws, hammering and gardening. This exemption applies to the construction of such incidental appurtenances for existing homes as fences, decks, patios, carports, swimming pools, ponds, walkways and private kennels. This exemption excludes sounds from race vehicles. 2. Sounds created by blasting. 3. Sounds created by the installation or repair of utility services or public road projects. B. Sounds originating from temporary construction sites as a result of construction activity are exempt from the provisions of this chapter, but only during the hours of 7:00 a.m. to 6:00 p.m. on weekdays and 10:00 a.m. to 6:00 p.m. on Saturdays, excluding Sundays and Federal Holidays. {JZL550060.DOC;1 /00006.900000/} - 2 - Section 2. Section 5.30.120 Variances of the Edmonds City Code is hereby amended to read as follows: 5.30.120 Variances. A. Variances may be granted to any person from any requirement of ECC 5.3 0.040 or 5.30.110 if findings are made that immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source or because of nonavailability of feasible technology or control methods. B. Any such variance or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and circumstances. C. Variances shall be processed in the following manner: 1. The Mayor or his/her designee may grant no more than two administrative variances during any six (6) month period for no more than two consecutive days in those cases where unplanned, unusal physical or economic circumstances arise which make it. necessary to complete immediate construction work and notice to adjacent property owners is not feasible. Notice of the administive variance shall be given to the Police Department and posting the subject property by the applicant. Variances shall be applied for and granted in advance. Any period of violation shall be deducted from the two day maximum. 2. In circumstances where it is not possible to meet the normal variance process, the Mayor or his/her designee may also grant no more than one administrative variance of longer than two days but no longer than seven days during any six (6) month period pursuant to this Section. Notice shall be mailed to all property owners within 300 feet stating the administrative variance allowed, any variance conditions and the duration of such administrative variance. Notice shall also be given to the Police Department and posting the subject property by the applicant. 3. In those circumstances where variances to the noise standards are anticipated, the variance must be processed in the same manner provided for in {JZL550060.DOQ1 /00006.900000/} - 3 - ECDC 20.85.020 utilizing the criteria found in this Section. D. The grant of a variance shall not relieve any person from the requirements of ECC 5.30.130 relating to public disturbance noises. E. Variances granted pursuant to this ordinance are subject to review under ECDC 20.100.020. Section 3. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CI Y ATTORNEY: BY APPROVED: FILED WITH THE CITY CLERK: 08/22/2003 PASSED BY THE CITY COUNCIL: 08/26/2003 PUBLISHED: 11/30/2003 EFFECTIVE DATE: 12/08/2003 ORDINANCE NO. 3469 {JZL550060.DOC;1 /00006.900000/} - 4 - SUMMARY OF ORDINANCE NO. 3469 of the City of Edmonds, Washington On the 26th day of August, 2003, the City Council of the City of Edmonds, passed Ordinance No. 3469. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 5.30 OF . THE EDMONDS CITY CODE; IMPOSING RESTRICTIONS ON CONSTRUCTION NOISE; CLARIFYING A LIMITED EXCEPTION FOR INCIDENTAL HOME MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 26th day of November, 2003. z4ee-'d� 'Idf (�� , CITY CLERK, SANDRA S. CHASE {JZL550060.DOC;1 /00006.900000/ } - 5 - STATg O0 O� Ea T x W� y02` �y'L 1889 a0 STATE OF WASHINGTON r"'EcaVED OCT, 0 2 2003 DEVELOPMEW SERVICES DEPARTMENT OF ECOLOGY Northwest Regional Office • 3190 160th Avenue SE • Bellevue, Washington 98008 -5452 • (425) 649 -7000 September 30, 2003 Duane Bowman Development Services Director City of Edmonds 121 5t' Avenue North Edmonds, WA 98020 Dear Mr. Bowman, RE: Proposed Amendments to the City of Edmonds Noise Standards Ordinance, Your Letter dated September 5, 2003 Thank you for your letter concerning the proposed amendment to the city noise standards. Ray Hellwig asked me to respond for him in this matter. The Department of Ecology no longer has resources to manage the noise regulations and relies upon local governments to manage their own noise issues. Therefore, Ecology will not comment on your proposed changes to the. city ordinance. RCW 70.107, Noise Control, provides direction on controlling noise. Section 060, states that "If the Department of Ecology fails to approve or disapprove standards submitted by local governmental jurisdictions within ninety days of submittal, such standards shall be deemed approved ". I hope this provides sufficient information for the city to move forward in amending its. noise ordinance. If you have further questions, you may contact me at 425- 649 -7082. Sincerely, Douglas Brown Air Quality Section Manager '= EXHIBIT A k Q 18 0 Chase, Sandy From: Bowman, Duane Sent: Thursday, October 09, 2003 10:13 AM To: Thies, Michael; Graf, Jeannine; Gebert, David; Chave, Rob; Haakenson, Gary; Gannon, Gerald; Chase, Sandy Subject: Effective Date of Revised City Noise Ordinance I received a letter from the Washington State Department of Ecology regarding our revised city noise ordinance relating to construction noise. Basically they no longer review such ordinance revisions even though the RCW requires such review. However the RCW states that if DOE does not comment on the ordinance it becomes effective 90 days after submittal. What this all means is that the ordinance does not become effective until December 8, 2003. 1 f you have any questions please feel free to call me. Thanks, Duane STATE OF WASHINGTON, COUNTY OF SNOHOMISH SUMMARY_OF_ORDINANCE NO. 3469 of the City of Edmonds, Washington On the 26th day of August, 2003, the City Council of the City of Edmonds, passed Ordinance No. 3469. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, AMENDING CHAPTER 5.30 OF THE ED- MONDS CITY CODE: IMPOSING RESTRICTIONS ON CONSTRUCTION NOISE- CLARIFYING A LIMITED EX- CEPTION FOR INCIDEf TAL HOME MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES: AND FIX- ING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 26th day of November, 2003. CITY CLERK, SANDRA S. CHASE Published: November 30, 2003. R EtChEI V ED DEC Q 3 2003 vft N ,3 CITY CLEmf Affidavit of Publication S.S. The undersigned, being first duly swom on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice of Edmonds Summary of Ordinance No. 3469 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: November 30, 2003 and that said newspaper was regularly distributed to its subscribers during all of said period. Princinal Clerk Subscribed and sworn to before me this 1st day of December, 2093 Notary Public in and for the Stag of Washington, residing at County. I V •OAS O/V ' '.p +ri t fl� Td ISnohpmish A.� i :,29-07 114114 '.�o ca +y'11% t WASH�N,, Account Name: City of Edmonds Account Number: 101416 Order Number. 0001111275