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Ordinance 29300006.150.017A JGR /srf 03/04/93 ORDINANCE NO. 2930 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 20.55.020, NOTICE; ADDING A NEW SECTION 20.55.025, SUBSTANTIAL DEVELOPMENT PERMITS FOR LIMITED UTILITY EXTENSIONS AND BULKHEADS; ADDING A NEW SUBSECTION TO SECTION 20.90.010(B) (2), NOTICE; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council of the City of Edmonds has previously adopted shoreline management regulations as set forth in Edmonds Community Development Code (hereinafter "ECDC ") Chapter 20.55, Shoreline Permits, and WHEREAS, such regulations were based on the authority granted to local governments to enforce such regulations as set forth in Chapter 90.58 of the Revised Code of Washington, and WHEREAS, RCW Chapter 90.58 has been revised and the City Council believes it to be in the best interest of the public health, safety and welfare to amend ECDC Chapter 20.55 such that it is in accord with current state law, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECDC Section 20.55.020, Notice, is hereby amended as follows: 20.550020 NOTICE A'. Publication. In addition to the requirements of Chapter 20.90, notice shall be given by publication in a newspaper of general 70R41M.10/0006.150.017A -1- r circulation in Edmonds at least once a week on the same day of the week for two consecutive weeks. Except as specially provided hereafter in Section 20.55.025, the last day of publication shall be at least 30 days before the first public hearing on the permit. B. Contents. Except as specially provided hereafter in Section 20.55.025,and in addition to the requirements of Chapter 20.90, the notice of the Hearing Examiner shall state that before the first pubic hearing, any person may request a copy of the final action on the permit. The notice shall also contain all information required by WAC 173 -14 -070, or as the same may be amended. Section 2. A new section is hereby added to ECDC Chapter 20.55, to read as follows: 20.55.025 SUBSTANTIAL DEVELOPMENT PERMITS FOR LIMITED UTILITY EXTENSIONS AND BULKHEADS. An applicant for a substantial development permit for a limited utility extension or for the construction of a bulkhead or other measures to protect a single family residence and its appurtenant structures from shoreline erosion shall be subject to the following procedures: A. The public comment period referred to under Section 20.55.020(A) above shall be 20 days. The notice provision set forth in Section 20.55.020(B) shall state the manner in which the public may obtain a copy of the City's decision on the application no later than 2 days following its issuance; B. The City shall issue its decision to grant or deny the permit within 21 days of the last day of the comment period specified in (1) of this subsection; and C. If there is an appeal, to the City, of the decision to grant or deny the permit, the appeal shall be finally determined by the City within 30 days. D. For purposes of this section, a limited utility extension means the extension of a utility service that: JOR412N.10/0006.150.017A -2- i 1. is categorically exempt under Chapter 43.21C RCW for one or more of the following: natural gas, electricity, telephone, water or sewer; 2. will serve an existing use in compliance with Chapter 90.58 RCW; and 3. will not extend more than 2,500 linear feet within the shorelines of the state. Section 3. A new subsection, (g) , is hereby added to ECDC Section 20.90.010(B)(2), to read as follows: 20.90.010 NOTICE. (B)(2)(g) Shoreline substantial development permits, see Section 20.55.020. Section 4. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional 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 5. Effective Date. This ordinance, being an administrative action, is not subject to referendum and shall take effect five (5) days after publication. ATTEST /AUTHENTICATED: TY CLERK, ONDA J. MARCH JOR41229.10/0006.150.017A -3- APPROVED: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: '1 BY FILED WITH THE C CLERK: April 21, 1993 PASSED BY THE CITY COUNCIL: May 18, 1993 PUBLISHED: May 23, 1993 EFFECTIVE DATE: May 23, 1993 ORDINANCE NO. 2930 JOR41229.10/0006.150.017A -4- 0 a SUMMARY OF ORDINANCE NO. 2930 of the City of Edmonds, Washington On the 18th day of Mai= , 1993, the City Council of the City of Edmonds, passed Ordinance No. 2930 . A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 20.55.020, NOTICE; ADDING A NEW SECTION 20.55.025, SUBSTANTIAL DEVELOPMENT PERMITS FOR LIMITED UTILITY EXTENSIONS AND BULKHEADS; ADDING A NEW SUBSECTION TO SECTION 20.90. 010.(B) (2), NOTICE; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. request. The full text of this Ordinance will be mailed upon DATED this 19th day of May , 1993. STATE OF WASHINGTON, COUNTY OF SNOHOIYISH, SUMMARY OF ORDINANCE NO. 2930 of the City of Edmonds, Washington On the 18th day of May 1993 the City Council of the City of Edmonds, passed Ordinance No. 2930. A summary of the ,content of said ordinance, . consisting of the title, provides NOTICE SECTIOt TIAL PERMITS SAME SHA The full text of this Ordinance will be mailed upon request. DATED this 19th day of May, 1993. RHONDA J. MARCH City, Clerk Published: May 23, 1993. 8 -2 -1 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 ......... ............................... ... S.ummary. .... o f... Ordinance... Na...... 29. 3. 0• ...... :.............................. .. City....of.... Edmonds ............................................... ........................ . . . . .. 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: ...May ... 2.3.F - - -- 199.a............................................................................................. ...................................................................................................................... ................ and that said -- newspaper was regularly distributed to. its subscribers during all of sa d: eriod. ZG --7 -`� .......... -------------- rmcipal Clerk Subscribed and sworn to before me this ...... 2.4th......... of*Not'�'7 May ................ 19...9 3 - - - -- t........... -h ............ ��� n an d for a St to of Washington, residing at Everett, Sn o O�0�glnu���Z�A NpTAAy AveuC 9j� 549 -94