Ordinance 26950006.19012A
WSS/j ib
RE/12/15/88
ORDINANCE NO. 2695
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING SECTION 18.50.020(C) RELATING TO
MANDATORY DEDICATION OF RIGHT-OF-WAY AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE
WHEREAS, the United States Supreme Court has established that
the developmental exactions of governmental bodies must be
reasonably related to the actual impacts of a particular develop-
ment, and
WHEREAS, the City of Edmonds has administratively suspended
application of the provisions of ECDC 18.50.020 pending its
revision, and
WHEREAS, the City Council desires to exact development
requirements and dedications in light of its constitutional
obligations, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 18.50.020(C) Dedication required is
hereby amended to read as follows:
C. Dedication Presumption and Requirement. Applicants
for a subdivision, a planned residential development
(PRD), a building permit or other form of
development permit shall be presumed to create
development impacts upon the street and trans-
portation system of the City, if the applicant's
property abuts street right-of-way which has not
been dedicated to public use or otherwise acquired
at the width established by the plan lines adopted
by the Official Street Map.
WSS510750 - 1 -
1. Such presumed developmental impacts shall, in
addition to other mitigation measures which may
be required as a result of the SEPA process,
conditional use approval or other City review
procedure, be mitigated by the dedication of
such right-of-way to the City and to public
use, provided, however, that the total of all
mitigation measures shall not exceed the
development impacts of any development.
2. In the event that any applicant believes that
the dedication requirement is in excess of that
required to mitigate the applicant's actual
development impacts, the applicant may appeal
the staff decision in accordance with the
provisions of ECDC 20.100.010(B)(5). On appeal
a dedication shall be required only if:
(a) A nexus or connection can be established
between the development impacts of the
applicant and the proposed dedication; and
(b) The value of the property proposed for
dedication and all other required or proposed
mitigation measures is not in excess of the
impacts created by development. In the event
that the value of property proposed for dedi-
cation is in excess of the developmental
impacts, the dedication may be reduced to the
level of costs necessary to ameliorate actual
developmental impacts, the City Council may, at
its sole option pay the difference, or the
dedication requirement shall be waived.
Section 2. 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:
WSS51075O - 2 -
ATTEST/AUTHENTICATED:
CI Y CLERK, JACQUELINE PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY i FILED WITH THE CITY CLERK: December 15 -1988
PASSED BY THE CITY COUNCIL: December 20, 1988
PUBLISHED: December 25, 1988
EFFECTIVE DATE: December 30, 1988
ORDINANCE NO. 2695
WSS51075O — 3 —
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
VHUINANCE NO. 2695
Of thof
Edmonds, W oshinolon
19 8h the 20h the CITY Council oof f the C[t
of Erdmpnds, Passed Ordinance
No. 269S. A sunlm[NY of the
content
of
the Hie, pr.GvFd s
a !Dhows:
AN ORDINANCE OF THE
CITY OF EDMONDS
WA HINGTp�j .p�6� NpINL;
RELATINGTOR Y TQ�SAljAND1A.
RIGHT-ODR F.WAYIONPun
ber,
t of }his Ordlnpnce
a1st dnY o 't.em-
LINE G. PARRETT
:c, 25, 1988.
11J
Affidavit of Publication
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 ........................................
............. Surrm-ry---of-Ordinance..No....2695.................................... ...... ,... ..
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:
.............. Dec -ember.. 25„1988.......
and that said newspaper was regularly distributed to its subscribers
during all of said period.
r
i Principal Clerk
Subscribed and sworn to before me this ..... 25th
IPay of .... —DeCI.W ir.................... r:........................y 19........88
: .......................
*. Natar� Public in and, for the State of Washington,
residiiv at Everett, Snohomish County,
B-2-1