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Home My WebLink AboutOrdinance 4445ORDINANCE NO. 4445 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, EXTENDING AND/OR RENEWING THE MORATORIUM ESTABLISHED BY ORDINANCE NO. 4430 ON THE ACCEPTANCE OF ANY PERMIT APPLICATIONS WHICH WOULD REQUIRE STORMWATER MANAGEMENT WITHIN THE DEER CREEK CRITICAL AQUIFER RECHARGE AREA FOR AN ADDITIONAL SIX MONTHS. WHEREAS, on January 6, 2026, the Edmonds City Council adopted the periodic update to the City's critical area ordinance (CAO); and WHEREAS, the CAO included new regulations for the Deer Creek critical aquifer recharge management practices (BMPs), including those that qualify as a Class V underground injection control well (UIC), are prohibited for all land uses within all wellhead protection areas (WHPAs) associated with Olympic View Water and Sewer District's (OVWSD) 228th Street Wellhead and the Deer Creek Springs Wellhead area, including ; and WHEREAS, the effect of this language is to prohibit all forms of infiltration in the Deer Creek CARA; and WHEREAS, infiltration is presently the only feasible means of managing stormwater within the Deer Creek CARA; and WHEREAS, on February 10, 2026, the Edmonds City Council adopted Ordinance No. 4430, imposing a six-month moratorium on the acceptance of applications for any permit or authorization to alter land, water, vegetation, or to construct or modify any structure or improvement, and which would trigger stormwater management requirements within the Deer Creek CARA and its buffer; and WHEREAS, Ordinance No. 4430 took effect on February 18, 2026, and, absent extension, the moratorium imposed thereby will expire on August 18, 2026; and WHEREAS, the purpose of the moratorium imposed by Ordinance No. 4430 was to allow the City adequate time to complete a PFAS study relating to the Deer Creek CARA, evaluate other feasible means of managing stormwater, and, if appropriate, to draft and consider changes to the Deer Creek CARA and/or stormwater regulations in response to the findings of that study; and WHEREAS, the PFAS study has taken longer to complete than the City anticipated at the time Ordinance No. 4430 was adopted, and the study is now expected to be ready for City Council review in September 2026; and WHEREAS, after reviewing the PFAS study, the City Council must determine what, if any, changes to make to the City's stormwater and CARA regulations in response to the findings of the study; and WHEREAS, the City still does not see an approval pathway for permit applicants under the regulations that are currently in effect for the Deer Creek CARA; and WHEREAS, RCW 36.70A.390 authorizes the city council to adopt a moratorium and to renew or extend a moratorium for one or more six-month periods, provided that a public hearing is held and findings of fact are adopted in support of the renewal or extension; and WHEREAS, the City Council has scheduled a public hearing on the proposed six-month renewal or extension of the moratorium for August 18, 2026; and WHEREAS, the City Council desires to renew or extend the moratorium imposed by Ordinance No. 4430 for an additional six months to allow adequate time to complete the PFAS study, present it to Council for review, and, if appropriate, draft and adopt changes to the Deer Creek CARA and/or stormwater regulations and WHEREAS, the City Council acknowledges that because of the effective date of this ordinance, there will be a gap in the moratorium of several days; and WHEREAS, the gap in the moratorium could cause one to question whether this should be better characterized as a renewed moratorium or an extended moratorium; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DO ORDAIN AS FOLLOWS: Section 1. Purpose. The purpose of this ordinance is to extend the moratorium imposed by Ordinance No. 4430 for an additional six months in order to allow the City adequate time to complete the PFAS study relating to the Deer Creek CARA, to present the study to the City Council for review, to evaluate other feasible means of managing stormwater, and, if appropriate, to draft and consider changes to the Deer Creek CARA and/or stormwater regulations in response to the findings of that study. Section 2. Moratorium Extended / Renewed. The moratorium imposed by Ordinance No. 4430 on the acceptance of applications for any permit or authorization to alter land, water, vegetation, or to construct or modify any structure or improvement, and which would trigger stormwater management requirements, is hereby extended and/or renewed for an additional six (6) months from the effective date of this ordinance. The geographic scope of the extended/renewed moratorium remains limited to the Deer Creek CARA and its buffer, and all other terms of Ordinance No. 4430 remain in full force and effect except as expressly modified by thisordinance. Section 3. Public Hearing on Extension / Renewal. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the City Council held a public hearing on the renewal or extension of the moratorium. The hearing was held on August 18, 2026. Section 4. Findings. The City Council hereby adopts as its findings of fact to justify this renewal/extension the above recitals as well as the findings in Resolution 1587 that it adopted to support Ordinance 4430, which are incorporated herein by this reference as if set forth in full. Section 5. Severability. If any section, sentence, clause or phrase of this ordinance shouldbeheld to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 6. Effective Date. 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 an approved summary thereof consisting of the title. APPROVED: MAYOR, MIKE ROSEN ATTEST/AUTHENTICATE: CITY CLERK, LUKE LONIE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: AUGUST 18, 2026 PASSED BY THE CITY COUNCIL: AUGUST 18, 2026 PUBLISHED: AUGUST 21, 2026 EFFECTIVE DATE: AUGUST 26, 2026 ORDINANCE NO: 4445 SUMMARY OF ORDINANCE NO. 4445 of the City of Edmonds, Washington On the 18th day of , 2026, the City Council of the City of Edmonds, passed Ordinance No. 4445. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, EXTENDING AND/OR RENEWING THE MORATORIUM ESTABLISHED BY ORDINANCE NO. 4430 ON THE ACCEPTANCE OF ANY PERMIT APPLICATIONS WHICH WOULD REQUIRE STORMWATER MANAGEMENT WITHIN THE DEER CREEK CRITICAL AQUIFER RECHARGE AREA FOR AN ADDITIONAL SIX MONTHS The full text of this Ordinance will be mailed upon request. DATED this 19th day of August, 2026. CITY CLERK, LUKE LONIE Everett Daily Herald Affi davit of Publication State of Washington l Court-] of Snohomish ) Michacl Cales bcing first duly swom, upon oath deposes and savs: thal he/she is the legal representative o[ lhc E\'erctl Daily Hcrald a daily newspapcr. The said newspaper is a legal ne\a spap€r by order of the supcrior coun in thc county in which it is published and is now and has been for more than six months prio( to thc date of tie first publicalion of the Notice hereinafter referred to, published in the English language continually as a darly nc*spaper in Snohomish Counly. Washinglon and is and always has been printed in wholc or pan in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper. in accordance with the Chapter 99 of the Laws of 1921. as amended by Chapter 213, Laws of 1941. and approved as a legal newspaper by order of the Superior Court of Snohomish County. Statc o,' Washington. by order dated June 16, 1941. and that the anncxed is a true copy of EDHl035l84 ORD 4445,4446 as it was published in the rcgular and cntire issue of said paper and not as a supplement form thcrcof for a period ol I issue(s). such publicalion commencing on 08/21/2026 and ending on 0821/2026 and that said newspapcr was regularly distribuled to its subscribers during all ofsaid period. thc l-re lirr publ ss The amounl s5l.60. A-J- ? _A Subscribed and swom before me on this2\sr day of "74'U.-o .*$$#'!,#1,% _=- jo NeTAFT o i ? = :- G}.€ *: =Z ..r, PUBL\C 3)i _ -= zli*,+,"",tu":{|S '2,, , ,f ,,,,ine:lii.:.' Notary Public in and lor thc Statc of Washington. At"+'.-t t Classified Proof cEp]!4leE_!.ur!!ElES on o. ,en ".qmf*utEffifi#ffi@*, or ,,' c,,v o, ed.mnd. Eo.d !a loldig OroftEd 'h .u,fury ot r.ld ord'n.d.a cs$tunq or !t lll- i. r.ovd.d.r totd. oRoTN NCE llo aaas ^N oFDrr^xcd'_6fTHE-TIYf o! EoMoNosw si'N6rox ErtENorhG ANO/OR RENEwt{6 rHE rroR TORIIII ESTAALISHEO 6Y OROINANCE NO ar3o ON THE ACCEPIA'{CE OF ANY PERU'' PPLICA1OIIS MICH WOJLD REOUIRE SIOiMW IER MANAGMENTrrrN iiE oEER cREEx cRrrlcrl aor/rFER RECHARGE AiEA FOR AN AOOITIONAL SA MONTHS rh! tur Erl ot rhs o(!..d wln b. fr.taa lfon .ql,.l oRorr{ANCE NO a,L6 ^N oRDrN^NcE---o-f Eii---aT or FouoNos WASHITGTON AT'ENOING OXAPIER 3 10 ECC I^T'IOMATEO IAAFFIC S^FETY CAMERAS) TO PROVIOEidi r\*ENry.FouR HouR oPER TToN oF sclloot SPEEO 2ONE ANO SCHOOI Y9ALK zO'IE CAI'ERAS. TO REVISL 'HE FINE AIiUCTURE FOfi SCHOOI ZONE AXO SHOOT WALX ZONE INFiuCTION6, TO UDOATE OEFI 'Trc S ANO STAIUTOiY REFERENCE6 TO aaiiFoRv ro cliaprER ro7, L^rvs oF 202'1. ^NoaHAprER 12r. L ws or 2o2a PRovrllNG FoR aEvEia6rlrty' ANo sEfilNG aN EFFEcrlvE oarE Th. tur i o, ,r. or!r!ro. wlll b. d.tLd '.9on r.!l.rl oATgO thl !9D 0.t oral,g!.t 2o2a CITY CLER( LU(E IONIE Publrn.d: A!!61 21 , 2026. EDH ! 03534' Proofed by Pospical, Randie, 08/2112026 07:36:08 am Page:2