Ordinance 27690006.040.034
WSS/klt/tw
10/ 18/89
R:03/20/90
ORDINANCE NO. 2769
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY
DEVELOPMENT CODE TO ADD NEW SECTIONS 19.00.110
DEFINING A FULLY COMPLETE BUILDING PERMIT
APPLICATION, 19.00.120 PROVIDING FOR ALTERNATIVE
VESTING BY AUGMENTED ARCHITECTURAL DESIGN REVIEW
APPLICATION, AND 20.10.045 PROVIDING FOR AN
ALTERNATIVE ARCHITECTURAL DESIGN REVIEW APPLICA-
TION, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, RCW 19.27.095 requires cities to define the
term "fully complete building permit application" in order to
determine the time when an applicant's rights under the zoning
and building codes are vested; and
WHEREAS, ECDC Chapter 20.10 establishes an Architectur-
al Design Review process for all development except primary and
secondary uses in RS-Single Family Residential Districts; and
WHEREAS, no person is prohibited
applying for a building code permit prior
pendency of the Architectural Design Review
Council finds that the practical difficulties,
costs which may be incurred in the revision
plans, call for the establishment of an
procedure to provide a method for developers
costs and to promote the effectiveness and
design review process; NOW, THEREFORE,
I
y the Code from
to or during the
process but the
particularly the
of building code
optional vesting
to mitigate these
acceptance of the
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Chapter 19.00 of the Edmonds Community
Development Code is hereby amended by the addition of new
WSS518170 -1-
sections 19.00.110 FULLY AND COMPLETE APPLICATION and 19.00.120
ARCHITECTURAL DESIGN REVIEW --OPTIONAL VESTING to read as follows:
19.00.110 FULLY COMPLETE APPLICATION.
In accordance with the provisions of RCW 19.17.095, an
applicant's rights shall vest when a fully complete
building permit application is filed. A fully complete
building permit application is an application executed
by all of the owners of the property for which the
application is submitted or the duly authorized
agents) for such owners, containing each and every
document required under the terms of these ordinances
and the Uniform Building Code and substantially
complete in all respects. It is anticipated that minor
changes or revisions may be required and are frequently
made in the course of any building application review
process, and such minor revisions or changes shall not
keep an application from being deemed complete if a
good faith attempt has been made to submit a
substantially complete application containing all
required components. Where required, the application
and supporting documents shall be stamped and/or
certified by the appropriate engineering, surveying or
other professional consultants. A fully complete
building permit application shall be accompanied by all
fees, including but not limited to building permit fees
and plan check fees required under the provisions of
this ordinance and the State Building Code.
19.00.120 ARCHITECTURAL DESIGN REVIEW --OPTIONAL
VESTING
In addition to the vesting rights created by RCW
19.27.095 and ECDC 19.00.110, an applicant for
development as defined in ECDC 20.10.010 and subject to
Architectural Design Review may, at the applicant's
option, file a fully complete augmented Architectural
Design Review application (hereinafter "augmented ADB
application") and vest rights under the provisions of
the Edmonds Community Development Code and the State
Building Code as adopted and amended by the City of
Edmonds, ECDC Title 19 as then in effect.
A. Fully Complete, Augmented Application for
Architectural Design Review.
An augmented ADB application shall consist of:
1. A complete application for Architectural
Design review, executed by each and every
WSS518170 -2-
property owner of record of the development
site or their duly authorized agent(s),
accompanied by the following:
a. All fees required by ordinance, including
impact mitigation fees to be deposited at
the time such SEPA requirements become
final.
b. A site plan showing the current zoning of
the development site, the footprint of
all proposed structures, the total square
footage of the development structures and
each separate floor thereof, all set
backs required by either the zoning code
or state building codes, proposed parking
configurations, and entrances and fire
exits (if separate).
C. Elevation drawings showing the original
grade of the site, any proposed altera-
tions to grade, the proposed height of
the structure and the number of stories.
d. A letter executed by all owners of record
or their duly authorized agent(s)
detailing the proposed use in sufficient
detail to determine whether the proposed
use complies with the zoning code then in
effect and sufficient, in conjunction
with the other materials to determine the
occupancy classifications of the Uniform
Building Code and the Uniform Fire Code
as those codes then in effect.
e. A building permit application as
described in 302 (a) of the State
Building Code (UBC) as the same exists or
is hereafter amended, and all building
permit and plan check fees --provided that
the plans required by 304 (b) and (c)
of the State Building Code (UBC) and
other engineering documents, plans or
drawings required by Title 18 of the
Edmonds Community Development Code may be
submitted within 90 days of final
Architectural Design Board approval, or
final approval on appeal.
B. Vesting. Upon filing of the augmented ADB
application, the applicant shall be deemed fully
vested in all respects as if a fully complete
WSS51817O -3-
building permit application had been filed,
provided:
1. The burden shall be upon the applicant to
supply all material required by the provisions
of this section and as necessary to meet the
requirements of ECDC Chapter 20.10. The
applicant may supplement the original applica-
tion in the event an application is deemed
incomplete by the designee of the Community
Services Director and vesting shall occur only
when the application is complete. Failure to
supplement an incomplete application within
thirty (30) calendar days of the date written
notification is mailed, postage paid in the
United States mail to the agent specified in
the application, shall result in forfeiture of
all fees paid and the no vesting right shall
attach.
2. The application shall expire along with all
rights vested one hundred eighty (180) days
following the date of application if final
Architectural Design Approval is not received.
The Community Services Director's designee may
issue an extension for an additional period,
not exceeding one hundred eighty (180) days
upon a request by the applicant(s) or their
agent(s) showing that circumstances beyond the
control of the applicant have prevented action
from being taken. Such application shall be
filled prior to the expiration of the original
time period. An extension shall be granted if
the Architectural Design Board has not yet
considered the application or an appeal
thereof is pending.
The time periods shall run concurrently with
the periods established by Section 304(d) of
the State Building Code (UBC) as the same
exists or is hereafter amended. No
application shall be extended more than
once. In order to renew an application after
expiration, the applicant shall resubmit all
required information and pay a new plan review
fee.
3. The applicant shall comply with all provisions
of state law and regulation and the Edmonds
Community Development Code regarding state
WSS51817O -4-
environmental review (SEPA). Review periods
or delays occasioned by SEPA shall stay the
time periods set by this ordinance.
4. Following final Architectural Design approval,
the applicant shall file the plans and
information required by 304(b) and (c) of
the State Building Code (UBC). An additional
ninety (90) days shall be extended to
applicants for development subject to ECDC
Chapter 19.05 relating to building permits
within Earth Subsidence and Land Slide Hazard
areas. It is anticipated that minor adjust-
ments and changes may and are usually required
to the plans submitted as a result of the plan
check review and administrative process,
provided that the following changes shall not
be considered "minor," shall forfeit vesting
rights, and shall require the filing of a new
application:
a. Any substantial change not required by
the terms of Architectural Design
approval;
b. Any increase in excess of five percent
(5%) in height or total square footage or
any change which would change the
occupancy classification for the purposes
of the State Building Code, particularly
the Uniform Building and Fire Codes.
5. If any ADB application is finally denied, the
applicant can withdraw the project and the
building permit and plan check fees paid shall
be returned. Such withdrawal shall be in
writing. Failure to withdraw an application
prior to the expiration or extension of an
application will result in forfeiture of fees
as provided in this section and the
subparagraphs hereof.
6. Any decision of the City staff regarding the
application stated in this section and its
interpretation shall be appealable only to the
Superior Court of Snohomish County by writ of
mandamus and is not subject to the provisions
of ECDC Chapter 20.105.
C. Vesting Limitation. The rights vested by Sections
19.00.110 and 19.00.120 refer only to zoning and
building code rights protected by RCW 19.27.095.
WSS518170 -5-
These sections shall not be interpreted to create
vesting rights not protected by RCW 19.27.095 and
shall not be interpreted as a further limitation on
the administrative obligations and legislative
powers of the City. By way of illustration and not
limitation, this ordinance does not limit:
(i) The City Council's authority to create local
improvement districts;
(ii) The City Council's authority to legislate
life safety requirements that are not
required to recognize existing vested rights;
or
(iii) Environmental and shorelines review and
mitigation procedures.
Section 2. The Edmonds Community Development Code is
hereby amended by the addition of a new section 20.10.045
relating to AUGMENTED ARCHITECTURAL DESIGN REVIEW APPLICATIONS to
read as follows:
20.10.045 AUGMENTED ARCHITECTURAL DESIGN REVIEW
APPLICATIONS
At the option of the applicant, an augmented ADB
application to vest rights under the provisions of ECDC
19.00.120 may be submitted. Such applications may not
be submitted in conjunction with the concept review
provided for by ECDC 20.10.040. The application shall
be processed in all respects as a regular application
for review but vesting rights shall be determined under
the provisions of ECDC 19.00.120. The Architectural
Design Board shall not be required to, and shall not,
consider the application of vesting rights or the
interpretation of ECDC 19.00.120 and any appeal with
respect thereto shall be taken only as provided in that
section.
Section 3. Section 1 of this ordinance amends and
supplements Section 302, 303 and 304 of the Uniform Building
Code, 1988 edition or such later edition as may hereafter be
adopted by the State Building Code Council. It affects only
administrative provisions of the Uniform Building Code and, as
such, is not subject to review of the State Building Code
Council.
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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:
l
MAYOR, NAUGHTEN
ATTEST/AUTHENTICATED:
■
CIT CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY AS C.'
FILED WITH THE CITY CLERK: 3/';L0%40
PASSED BY THE CITY COUNCIL: 4/17/90
PUBLISHED: April 22, 1990
EFFECTIVE DATE: April 27, 1990
ORDINANCE NO. 2769
WSS518170 -7-
Affidavit of Publication
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHOMISH, S
The undersigned, being first duly sworn on oath deposes and says
Holm ii that she is Principal Clerk of THE HERALD, a daily newspaper
� All Ir�leres . �pi�es "Or ,'
yla er=. �' printed and published in the Cityof Everett, Count of Snohomish
Cityy ,6 �dmnndsp¢ puhlSsfteO, y ,
or
l slnumhe ed rlu a m1 and State of Washington; that said newspaper is a newspaper of
dl
'11ppubitismes h706- re � general circulation in said Count and State; that said newspaper
_1.hs41+pph '�g70-rarer r v g y
rignumog►edYlsrtns of fon' l?A
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ........................................
Ordinance Numbers Correction
--------.---2567-------25.70--Changed-. to---2767 — 2770.
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 ... ..... 19 90
-- .................---------------------------------------------------------------------------
Monday
------------------------------ ................................
and that said newspaper was regularly distributed to its subscribers
during all of said period.
j�
Principal Clerk
Subscribed and sworn to before me this .......... t h
dayof...................Mai.................. ........................ 19..90..
..... r . .
N Pub c in and for the State of Washington,
si g Everett, Snohomish County.
B-2-1
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHOMISH,
M9
On the
file ON
full lext of this Ordinance
mulled upon request.
ED this 17fh day of April,
CQUELINE G. PARRETT
ed IAp N 22, 1"0.
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. 25.69
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:
April ;22, 1990
and that said newspaper was regularly distributed to its subscribers
during all of said period.
................... ...:.........,.:..:.:..:..:................-.......... .
Principal Clerk
Subscribed and sworn to before me this........ 2 t h
day of ............. ... ...Apr I 1990
... ...
Not Publi in a for the State of Washington,
re ' g at verett, Snohomish County.
8-2-1