Ordinance 27400006.040.034
WSS/klt
10/19/89
ORDINANCE NO. 2740
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
PROVIDING FOR THE VESTING OF RIGHTS FOR
APPLICANTS FOR DEVELOPMENT SUBJECT TO
ARCHITECTURAL DESIGN BOARD REVIEW WHO WERE IN
PROCESS AT THE DATE OF ADOPTION OF ORDINANCES
NO. 2721, 2724, AND 2725 AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, RCW 19.27.095 provides for the vesting of
zoning and building code rights as of the date a fully complete
building code application is filed with the City and directs the
City to adopt a definition of fully complete application;
WHEREAS, the City of Edmonds has, for certain
developments other than single family developments, a requirement
of Architectural Design Board review; and
WHEREAS, the Council finds that the process of
Architectural Design Review is a lengthy, detailed analysis of
many elements of a development and requires a significant
investment of developers of a project;
WHEREAS, the Council finds that the adoption of the
1988 Fire and Building codes by ordinance 2725 and the adoption
of specific sprinkling requirements as a result of the adoption
of ordinances 2721 and 2724 change significant development
requirements; and
WHEREAS, two developers subject to the new sprinkling
requirements were in the process of Architectural Design Board
review but had not yet filed fully complete building code
applications; and
WHEREAS, the City Council deems it appropriate to vest
rights and obligations under the Edmonds Community Development
Code and the 1985 state building code as adopted and amended by
WSS518180 -1-
the City of Edmonds because such applicants have, by their
detailed presentations and sincere efforts to comply with the
City's Architectural Design Board review process provided
sufficient information to determine the category of the proposed
developments under the principals established by the Zoning and
Building codes; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. All applicants who were pursuing
Architectural Design review under a complete and valid applica-
tion for which all appropriate fees had been paid prior to July
14, 1989, and who culminate that process by receiving final
Architectural Design Board approval for the proposed development
and file a fully complete building code application by July 14,
1990, are and shall be vested in all rights and obligations
established under the provisions of the Edmonds Community
Development Code as the same existed on July 14, 1989, and the
provisions of the State Building Code, more specifically the
Uniform Building Code and Uniform Fire Code, 1985 editions, as
previously adopted and amended by the City of Edmonds in Title
19, without respect to the amendments adopted by Ordinances 2721,
2724, and 2725.
Section 2. Nothing herein shall be interpreted to
exempt any development from the requirements of compliance with
the State Environmental Protection Act (SEPA) as adopted by the
City of Edmonds nor to exempt any proposal from any future enact-
ment adopted by the Edmonds City Council which, because of its
intimate relation to the public health, safety and welfare,
commonly known as life, safety requirements, would otherwise be
exempt from vesting and grandfathering rights.
Section 3. In the event that any applicant as
described in Section 1 fails to culminate vesting rights with the
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filing of a fully complete building application within the time
set, all vesting rights granted hereunder shall be at an end.
Section 4. 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:
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MAYOR, LAUGHTEN
ATTEST/AUTHENTICATED:
IT CLERK, JA QUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY j
FILED WITH THE CITY CLERK: October 19, 1989
PASSED BY THE CITY COUNCIL:October24, 1989
PUBLISHED: October 29, 1989
EFFECTIVE DATE: November 3, 1989
ORDINANCE NO. 2740
WSS518180 -3-
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
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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.ti.mmj�jry.__of.._Ordinance No. 2740
.................
................
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:
_Octo•ber 29•,_...........................8.................
and that said newspaper was regularly distributed to its subscribers
during all of said period.
Clerk
Subscribed and sworn to before me this..............3 h
day of.............9ct 9" .......... /.:.............., 19... 89
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Notary ub is in an fo the State of Washington,
resid" g Everett, Snohomish County.
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