Ordinance 28790006.150.017A
KCH/klt
04/22/92
ORDINANCE NO. 2879
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING EDMONDS COMMUNITY
DEVELOPMENT CODE SECTION 15.36.020(C) TO
DELETE THE REFERENCE TO SHELL CREEK MARSH AND
AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE
SECTION 15.36.030 TO EXPAND ITS APPLICABILITY
TO ALL NATURAL DIVERSE WETLAND AND RIPARIAN
HABITAT AREAS WITHIN THE SHORELINE
JURISDICTION, INCLUDING UNION OIL MARSH AND
SHELL CREEK WETLAND, PROVIDING FOR A
SEVERABILITY CLAUSE AND ESTABLISHING AN
EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Edmonds Community Development Code section
15.36.020(C) is hereby amended to read as follows:
15.36.020 CONSERVANCY ENVIRONMENT
C. Conservancy --Recreation. All beaches
(MHHW to east line of railroad right-of-
way) from the Ferry Terminal to
Meadowdale Beach, waters of Lake
Ballinger, except Laebugten Wharf: These
areas are generally in the fragile
intertidal zone. They should be
regulated in a manner which will prevent
permanent alterations of the intertidal
zones, but will allow human use on a more
restricted basis.
The use of the right-of-way for
transportation will probably continue
indefinitely. The railroad right-of-way
serves as a buffer zone between the
conservancy and urban environments and
prevents expansion of urban uses into the
intertidal zone. If, in the future, the
railroad right-of-way is moved, urban
KCH19057.10/0006.150.017A -1-
uses should not be expanded into this
area, and it should be utilized for
recreational purposes.
Bluffs or slopes within shoreline zone
which are over 25% slope: Steep slopes
along the shoreline are a hazard to
structures built in a slope area because
of erosion and sliding. This is a
natural geological process which is
difficult or impossible to alter.
Alteration of these slopes presents a
clear danger to the public health and
welfare.
Section 2. Edmonds Community Development Code section
15.36.030 is hereby amended to read as follows:
15.36.030 NATURAL ENVIRONMENT
A. General. This environment is intended
to:
1. Maintain diverse natural resource
systems, including wetlands,
associated with or within 200 feet
of any "shorelines of the state,"
particularly Puget Sound;
2. Prevent the loss or degradation of
the functional value of natural
resources including primary food
chain productivity, wildlife
habitat, flood attenuation, water
quality improvements, and vegetation
community diversity; and
3. Protect areas with unique or diverse
natural characteristics from
disruptive activities including
human and domestic animal intrusion.
B. Areas of Inclusion. The intention is to
include all natural diverse wetland and
riparian habitat areas within Shoreline
jurisdiction. These include, but are not
limited to, Union Oil Marsh and the
historically contiguous wetland to the
east of State Route 104, Shell Creek
wetland and lower riparian zone, and the
KCH19057.1 O/0006.150.017A -2-
wetlands which are now isolated on the
east side of the railroad tracks, which
are partially or entirely within 200 feet
of the Ordinary High Water Mark (OHWM) of
Puget Sound.
Section 3. If any section, sentence, clause or phrase of
this ordinance should be held to be invalid or unconstitutional by
a court of competent jurisdiction; such invalidity or unconstitu-
tionality shall not affect the validity or constitutionality of any
other section, sentence, clause or phrase of this ordinance.
Section 4. This ordinance, being an exercise of a power
specifically delegated to the City legislative body, is not subject
to referendum, and shall take effect five (5) days after passage
and publication of the ordinance or a summary thereof consisting of
the title.
APPROVED:
ATTEST/AUTHENTICATED:
42TY CLE , ONDA �J.MA�RCH��
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY n , // �4�
FILED WITH THE CITY CLERK: April 16, 1992
PASSED BY THE CITY COUNCIL: April 21, 1992
PUBLISHED: April 26, 1992
EFFECTIVE DATE: May 1, 1992
ORDINANCE NO. 2879
KCH19057.10/0006.150.017A - 3 -
Affidavit of Publication
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHOMISH,
RECEIVED
APR 2 8 1992
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The undersigned, being first duly sworn 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 ........................................
Su>Inary of Ordinance No. 2879
City, of Edmonds
......................................................................................................................................
aQl t-e...Re.tor-exnce---.to.....k�e�.J....Craek---M.arsh.................
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:
April 26, 1992
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............................................................................................:.........................................
and that said newspaper was regularly distributed to its subscribers
during all of said period.
Principal Clerk
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Subscribed and sworn to before me this ...... 2q..t.h.........
y of .... fibril...................................................1 19...92
.............. .............:...............:............................... .
Notary Public-_�� qq St to of Washington,
residing at >r Sn13h County.
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