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Ordinance 248904/08/85 WSS/naa 2489 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 19.00.020 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE RELATING TO THE ISSUANCE OF BUILDING PERMITS IN THE LANDSLIDE HAZARD AREA, AMENDING SECTION 21.55.060 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE RELATING TO THE DEFINITION OF EARTH SUBSIDENCE AND LOCAL SLIDE HAZARD AREA AND FIXING A TIME WHEN THE SAME SHALL BE EFFECTIVE. WHEREAS, Ordinance No. 2445 was adopted by the City Council to give notice of the existence of certain hazards identified in the Meadowdale area by a report prepared by Roger Lowe Associates, Inc., prior to the completion of storm and sanitary sewer improvements in the area under LID 210; WHEREAS, the City Council has determined that such negative impacts should only be imposed to prevent an even greater impact upon the City and its taxpayers; WHEREAS, an updated report prepared by the City's consultant, GeoEngineers, Incorporated, professional engineers who participated in the original study, indicates that the improvements of LID 210 have increased the factor of safety an average of eight percent (8%) from 1.17 to 1.27 in an approximately five -fold decrease in the annual probability of landslide and earth subsidence occurrence. Such decreases reduce the probability of occurrences in a twenty-five year period in the Lowe study zones from 90, 35 and 25 percent to 30, 10 and 10 percent, respectively; WHEREAS, based upon such information, the City Council determines that it is in the public interest to amend said ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, DO ORDAIN AS FOLLOWS: Section 1. Section 19.00.020 of the Edmonds Community Development Code relating to the issuance of building permits in the earth subsidence and landslide hazard area is hereby amended to read as follows: 19.00.020 EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA, BUILDING PERMITS 1. Notwithstanding any contrary provision of these ordinances or of the Uniform Building Code, all applications for building permits received for any site, any portion of which lies within an earth subsidence and landslide hazard area, shall be governed by the provisions of this section. In addition to all other requirements of these ordinances, the following restrictions and provisions shall apply to all building, grading, fill and excavation permits (hereinafter "permits"). A. All such applications for permit shall disclose on their face whether or not they lie within an earth subsidence and landslide hazard area. All applicants whose property lies within a hazard area shall be provided with copies of the Landslide Hazard Maps, adopted by the City in subparagraph 3 of this Ordinance. B. All such applications shall be accompanied by a foundation design prepared by an engineer licensed by the State of Washington and schooled in the design of foundations, based upon a soils report by a geotechnical engineer licensed by the State of Washington, which design addresses those hazards identified as applicable to the site. Prior to issuance of any occupancy permit, the building official shall be supplied with a statement from the designing engineer that he/she has conducted a site inspection and that the foundation conforms to the engineer's design. Nothing in this subsection shall be deemed to limit the discretion vested in the building official by the Uniform Building Code to impose greater or more restrictive requirements of the applicant or to require additional design, recommendation or review by professionals hired by the applicant. C. The building permit application shall require acknowledgement by the applicant that he/she has been provided with or has waived receipt of a copy of the Landslide Hazard Map and agrees to release and indemnity the City from any and all claims, damage or loss resulting to any party resulting from: 1. The construction and/or design of the building or structure by the applicant or applicant's employees or contractors; and/or 2. The provision of false information by the applicant or applicant's agents or employees in the permit application; and/or 3. Any risk or hazard of which the applicant could reasonably have had notice of from the Landslide Hazard Map and the underlying reports. Nothing herein shall be deemed to require the applicant to release or indemnify the City, its officers or employees from loss or damage arising from the City's sole negligence. D. All applications for building permits, subdivision, planned residential development and development applications of any kind for sites within the earth subsidence and landslide hazard area shall provide the appropriate reviewing body or official with a covenant, executed and acknowledged by the owners of the site. The covenant shall provide: 1. A statement by the owner(s) that he/she will inform his/her successors and assigns that the site, lot or development area is within an earth subsidence and landslide hazard area; of the risks, if any, associated with development thereon; and of any conditions, prohibitions or restrictions on development; - 3 - 2. A legal description of the property affected; 3. The official number and date of the permit or other action for which the covenant was required; and 4. A statement waiving the right of the owner, to assert any claim against the City by reason of or arising out of issuance of the permit or other development approval by the City for the subject property. E. Nothing herein shall be interpreted to require the recording of any covenant or indemnification agreement by the City. 2. All reviews conducted under the provisions of the Edmonds Community Development Code for building, grading, fill or excavation permit, subdivision or planned residential development with reference to any site located in a landslide hazard area shall include consideration of the removal of any tree having a diameter of eight (8) inches or greater. Such trees shall be shown on any map, plat or site development plan required by the Code. Consideration of such application shall include the requirement that to the extent consistent with reasonable economic use of the land, such trees not be damaged or removed; provided, however, that an applicant may be permitted to remove such trees if adequate replacement of such trees, as determined by the appropriate City board or City official is provided for by the applicant. Bonding may be required. Subdivision and planned residential development shall contain covenants which prohibit the damaging or removal of trees eight (8) inches greater without adequate replacement. 3. The 1979 report of Roger Lowe Associates, the 1985 report of GeoEngineers, Inc. and the Landslide Hazard Maps established thereunder are hereby incorporated by reference and made a part of this ordinance as fully as if herein set forth. Copies of the reports and maps shall be maintained in the office of the City Clerk, Planning Department and with the building official and shall be available for inspection during all normal working hours. Individual copies of the report and map may be obtained by the public upon the payment of the cost of reproduction. - 4 - Section 2. Chapter 21.55 of the Edmonds Community Development Code is hereby amended by the addition of a new Section 21.55.060 relating to the definition of earth subsidence and landslide hazard area: 21.55.060 EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA. Those areas identified in the 1979 Roger Lowe Associates report and 1985 GeoEngineers, Inc. report as on file with the City Clerk and the accompanying Landslide Hazard Maps as having a greater than 0% probability of landslide or subsidence hazard. Section 3. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: ATTEST/AUTHENTICATED: TY CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: 1 BY FILED WITH THE CI' CLERK: Agri I a1 066- PASSED BY THE CITY COUNCIL: �p��� C1 1465- POSTED: April 10, 1985 C EFFECTIVE DATE: 2 Agri r,1 15, 1985 ORDINANCE NO. AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ss: COUNTY OF SNOHOMISH JACQUELINE G. PARRETT , being first duly sworn on oath deposes and says that the is over the age of eighteen (.18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 10 day of April 1985, affiant posted true and correct copies of the attached Ordinance No. 2489, passed by the City Council on the 9 day of April 1e85, at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office .201 Main Street Edmonds, 'Washington 98020 DATED this 10 day of April 1985. SUBSCRIBED AND SWORN to before me this 10 day of April 1985 Nd'tary `Pu ic-i, n for the State o ashi residing, at j