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Ordinance 2417PV94 ORDINANCE NO. 2417 AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- TON, AMENDING SECTIONS 15.38.100(A), 15.35.110(A) AND 15.38.150 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE TO REVISE THE CITY'S SHORELINE MASTER PROGRAM TO DELETE THE REFER- ENCE TO OPEN PILE BULKHEADS, TO ALLOW PERMANENT BREAKWATERS IN THE URBAN SHORELINE ENVIRONMENT LOCATED IN THE CW ZONE, AND TO ALLOW DREDGING FOR THE PURPOSE OF CREATING MOORAGE IN THE CW ZONE, AND TO PROVIDE LIMITED DREDGING IN ALL THREE ENVIRONMENTS. WHEREAS, the Edmonds Planning Board held a public hearing on January 11, 1984 to consider proposed changes to that portion of the Edmonds comprehensive plan (Title 15 CDC) which is the City's Shoreline Master Program as required by the Shoreline Management Act of 1971, Chapter 90.58 RCW, and WHEREAS, after taking public testimony, the Planning Board recommended to the City Council that the proposed changes to the comprehensive plan be adopted, and WHEREAS, the Planning Board recommendation was trans- mitted to the City Council through the office of the Mayor who acknowledged his receipt of such recommendation on January 19, 1984, as certified by the City Clerk, and WHEREAS, on January 31, 1984, within 60 days of the City Council's receipt of the recommendation, and after giving notice in the manner set forth by Section 1.03.050 of the Edmonds City Code and RCW 90.58.120, the City Council held a public hearing at which time all members of the public desiring to do so were given an opportunity to speak, and WHEREAS, the City Council finds that the proposed amendments are appropriate after reviewing such amendments using the purposes of the comprehensive plan as stated in Chapter 15.05 CDC, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 15.38.100(A) of the Edmonds Community Development Guide is hereby amended to read as follows: A. Urban Environment: 1. Bulkheads should be located and constructed only to protect upland facilities, and should blend with the natural shoreline. 2. Bulkheads should be designed to minimize adverse effects on beaches and alteration of the natural shore. 3. Bulkheads should be constructed to allow safe access over the bulkhead in public shoreline areas. 4. Bulkheads shall not be used to create new land by buttressing landfills. Section 2. Section 15.38.110(A) of the Edmonds Community Development Code is hereby amended to read as follows: A. Urban Environment: Breakwaters shall be per- mitted subject to all applicable state and federal regulations and shall be limited to those areas located in the commercial waterfront (C.W.) zone. Section 3. Section 15.38.150 of the Edmonds Community Development Code is hereby amended to read as follows: - 2 - A. Urban, Conservancy, and Natural Environments: Dredging shall be carried out only for the purpose of creating moorage in the commercial waterfront (C.W.) zone, maintaining safe navi- gation or natural character. Dredging for any other purpose shall be classified as mining and shall be prohibited. Spoil deposits from dredging shall be used only for landfill purposes as regulated by the Master Program or for beach feeding through the use of groins as regulated by the Master Program. Section 4. The Planning Director is hereby instructed to file a certified copy of this ordinance with the Department of Ecology as required by RCW 90.58.090. Section 5. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: MAY , LARR S. AUG TEN ATTEST/AUTHENTICATED: JtZW2 L111-14�� aauf�� CITY CLERK, IR-967VARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CIT TTORNEY: B FILED WITH THE CITY CLERK: February 3, 1984 PASSED BY THE CITY COUNCIL: February 7, 1984 POSTED: February 8, 1984 EFFECTIVE DATE: February 13, 1984 ORDINANCE NO. 2417 3 _. AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that s he 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 8 day of February , 1984, affiant posted true and correct copies of the attached Ordinance No. 2417, passed by the City Council on the 7 day of _ February , 1984 , 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 650 Main Street Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 8 day of February , 1984. SUBSCRIBED AND SWORN to before me this day of of ry Public in and for the State 9f Washington, residing at