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Ordinance 28190006.19159 WSS/klt 10/02/90 ORDINANCE NO. 2819 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 17.50.090 TEMPORARY PARKING LOTS, SUBPARAGRAPH A CONDITIONAL USE TO PERMIT A TWO YEAR EXTENSION OF THE CONDITIONAL USE PERMIT SUBJECT TO A PUBLIC HEARING AND THE POTENTIAL IMPOSITION OF ADDITIONAL CONDITIONS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, current city ordinance limits extensions of conditional use permits for temporary parking lots to a one year initial term plus a one year extension; WHEREAS, major construction, even when promptly initiated and pursued, can result in delays in excess of two years in the construction of major public and private improvements; and WHEREAS, the Council finds that an additional two year extension of a conditional use permit may be appropriate if properly conditioned and if public comment is sought through the public hearing process, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Community Development Code Section 17.50.090 TEMPORARY PARKING LOTS, paragraph A, Conditional Use is hereby amended to permit one additional two year extension, such section to read as follows: 17.50.090 TEMPORARY PARKING LOTS A. Conditional Use. A conditional use WSS527250 -1- permit shall be required in order to construct or maintain a temporary parking lot in any B (business) or C (commercial) zone. The initial permit shall be valid for a term of one year, provided, however, that extensions may be approved under the following conditions: 1. The applicant may apply to the Community Services Director to have said permit extended for a period of one year upon the filing of a written application stating the reasons for said requests prior to the expiration of the original permit. 2. The applicant may, in addition, apply for an additional two year extension through the vehicle of a conditional use permit for a temporary parking lot. In addition to satisfying the criteria of section 20.05.010, the applicant shall be required to demonstrate that a public benefit will result from the issuance of the two year extension. In no event shall a temporary parking lot be permitted to continue beyond four years from the date the initial conditional use permit is granted. 3. Applications for a conditional use permit, or an appeal of a staff decision approving or denying a one year extension thereof shall be reviewed by the hearing examiner under the same terms and conditions as any conditional use permit utilizing the criteria contained in chapter 20.05 and under the procedural requirements contained in chapter 20.100. An application for a two year extension shall be processed in the same manner as an initial application for a conditional use permit for a temporary parking lot and new or changed conditions may be imposed in the course of that process. A final decision on the granting of any WSS52725O -2- permit or extension shall be appealable under the process as contained in section 20.100.010 with final recourse to the City Council. 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: MAYOR, AUGHTEN ATTEST/AUTHENTICATED: �s-c 6- CITY eLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: October 15, 1990 PASSED BY THE CITY COUNCIL: January 15, 1991 PUBLISHED: January 20, 1991 EFFECTIVE DATE: January 25, 1991 ORDINANCE NO. 2819 WSS52725O -3- 95545 STATE OF WASHINGTON, ss COUNTY OF SNOHOMISH, SUMMARY OF ! ORDINANCE NO. 2819 III of fhe C"" of mon Edds Wcahln On the 131ts doY of .Mnuurryy 1991 the CITY Council of the CITY of E?drnonds passed Ordlnonce No. 28i9. 7, sulnrnary of the , tentent of said ordlnonce, conslsfin0 of fhe ffNe, provides ps follows: AN ORPINAN OF THE OTY OF EDMOND WASHINGTON AMENDING SF°CTiON 17.5004d MU AND THE MP SITION OF ACTIMETWHEhI HALL BECOME of this Ordinance loon request, c 15Th dov of VE G. PARRETT Idry 20, 1991. 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.. ...... ..-......----------------------- Summary of Ordinance No. 2819 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: January 20, 1991 ............................................................................................. and that said newspaper was regularly distributed to its subscribers during all of said period. Principal Clerk Subscribed and sworn to before me this...... 21_s t day of................,1......Januar�.................., 19.......91 Ulic in'and for the State of Washington, at Everett, Snohomish County. B-2-1