Ordinance 26740006. 1507 3
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RE/06/20/88
ORDINANCE NO. 2674
AN ORDINANCE OF THE CI'.Y Of' EDMONDS, WASHING -ON,
AMENDING THE EDMONDS COMMUNITY DEVELOPMENT CODE, TITLE
16 ZONING DISTRICTS, TO ADOPT ZONING CLASSIFICATIONS
FOR HAZARDOUS WASTE STORAGE FACILITIES IN COMPLIANCE
WITH TH' REQUIREMENTS OF RCW 70.105, DIRECTING THE
PLANNING DIRECTOR TO NOTIFY THE DEPARTMENT OF ECOLOGY
AND FIXING A TIME WHEN THE SAME SHAT,L BECOME EFFECTIVE
WHEREAS, RCW Chapter 70.105 State Waste Management Act
has b— n amended t( require that each local government designate
laid use zor •s in whici, hi- •ar('ous waste treatment and storage
fac,_i�ies will be - iowed as permitted uses, and
WHEREAS, hazardous +iaste includes :nary substances
utilized currently within the City of Edmonds as necessary
adjurcts to a wide variety of industrial manufacturing and
commercial operations including, but not limited �-o, such items
as dry cleaners, photo finishing operations and a wide variety of
other businesses, and
WHEREAS, properly managed ha.•ardo,is waste poses no
greater ris'- to public health and environment than does the
handling and processing of hazardous substances in such
businesses, and
WHEREAS, the City is required by sucn statute to assure
that hazardous waste treatment and storage facilities are allowed
in zones in which the processing or handling of hazardous
substances is not prohibited, and
WHEREAS, the City finds that the State Siting criteria
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are so constructed that no area currently within the City limits
would qualify as a surface waste and/or impoundment pile facility
under the provisions of the State sif-ing criteria, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code,
Title 16 Zone Districts is hereby amended by the addition of a
r new Chapter 16.75, to read as foliows:
16.75.010 Purpose. This Chapter has peen enacted in
order to comply with the provisions of RCW 70.105.225
requiring local governmental units to designate land
use zones within its jurisdiction in which designated
facilities for the purpose of storing and treating
hazardous materials and waste are permitted uses. For
the purposes of this Chapter, the words and terms used
herein shall be defined in accordance with the
definitions of RCW 70.105.010 as the same exists or
shall hereafter be amended, and slid definitions are
adopted by this reference as if her -in set forth.
16.75.020 HAZARDOUS WASTE MANAGEMENT FACILITIES AND
STORAGE PROHIBITED; SITING REQUIREMENTS ADOPTED. No
hazardous substance, hazardous waste or extremely
hazardous waste shall be stored or impounded nor shall
any structure or facility be erected or otherwise
constructed within any residential zone of the City,
within the Open Space classification or within the
Marine Resources classification. The storage of any
hazardous substance and the waste created by
utilization of such materials may be stored and treated
in conformance with the provisions of State law as an
outright permitted use within any commercial zone in
which the use of such materials is a necessary part of
the business operation of the commercial activity
otherwise permitted within that zone, provided,
however, that all such storage shall be consistent with
the siting requirements which may be hereafter adopted
by the Department of Ecology in conformance with the
authorization of RCW Chapter 70.105, and that
conditional use permits may be required as set forth in
16.75.030.
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16.75.030 _C_ONDITIONAL USE PERMIT REQUIRED. Treatment
or storage facilities, including hazardous waste
handling through such means as containers (barrels,
drums) above -ground and underground tanks, waste piles
and surface impoundments which require the approval of
and/or a permit from the State of Washington Department
of Ecology shall be permitted only within the (BC)
Community Business, (CW) Commercial Waterfront, (CG)
General C-3mmercial, and (BN) Neighborhood Business
categories, except upon issuance of a conditional use
permit. Such permit shall be issued only when the
Hearinq Examiner determines that:
( 1 ) Th- storage facility .ias received all permits
required in accordance with State law from the
Department of Ecology;
(2) The facility meets all siting criteria
developed by the Department of Ecology under
authorization from RCW Chapter 70.105;
(3) The conditional use permit incorporates all
mitigating measures imposed either by such siting
requirements or in accordance with the provisions
of the State Environmenta: Protection Act
incorporated into the Community Development Code by
Chapter 20.15A;
(4) The facility conforms to all bulk zoning
reouirements of the Community Development Code; and
(5) The Hearing Examiner is directed to note that
the legislature has pre-empted the City's authority
to approve, deny or otherwise regulate disposal an
incineration facilities and that the Department of
Ecology has sole authority among State, regional
and local agencies to approve, deny and regulate
pre-empted facilities as defined by RCW Chapter
70.105. In addition, the Hearing Examiner is
admonished to adhere to the intent of the
legislature as expressed in RCW ,0.105.005(A):
. that no local ordinance, permit
requirement, other requirement, or decision
shall prohibit on the base of land use
considerations the construction of a hazardous
waste management facility within any zone
designated and approved in accordance with
this Chapter, provided that the proposed site
for the facility is consistent with applicable
State siting criteria.
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16.75.040 PROHIBITIONS_. The provisions of 16.75.030
not withstanding, it is the understanding and belief of
the City Council at the date these provisions were
enacted that no area within the City qualifies under
the proposed siting criteria for the establishment of a
commercial o`fsite land disposal land facility, or
other offsite storage facility intended for the storage
of hazardous waste through surface impoundment or a
waste pile. There is no area of the City of Edmonds
which is not located within a residericia1 area subject
to coastal flooding, unstable slopes, Located within
the watersned for the numerous streams which exist
within the City, located within sensitive areas such as
the State Shorelines and Wetlands or located within the
minimum buffering requirements from residential zones
or the required setbacks from such previously indicated
sensitive areas. In the event that an applicant can
establish by clear and convincing evidence that such an
area exists within the City, the Hearing Examiner is
instructed to consider such an application in
accordance with the proceeding conditional use permit
requirements and the State siting criteria.
Section 2. The Planning Director is authorized to
complete the zone designation compliance certificate required by
RCW 70.105.225 and the guidelines to the Department of ecology by
June 30, 1988, along with a copy of this ordinance.
Section 3. 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 attached summary which is hereby
approvej.
APPROV
MAYOR,
ATTEST;AUTHENTICATED:
IT CLERK, JACQUELINE G. PARRETT
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APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY ---
FILED WITH THE CITY CLERK: May 11, 1988
PASSED BY THE CITY COUNCIL: June 21, 1 "48
PUBLISHED: June 26, 1988
EFFECTIVE DATE: July 1, 1988
ORDINANCE NO. 2674
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