Ordinance 30780006.150.147
PAO /nkr
03/19/96
ORDINANCE NO. 3078
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 19.00 AND TITLE 20
OF THE EDMONDS COMMUNITY DEVELOPMENT CODE
FOR SIX MONTHS AS AN INTERIM ORDINANCE
PURSUANT TO RCW 35A.63.220, RELATING TO LAND USE
AND ZONING, ADOPTING NEW ADMINISTRATIVE
PROCEDURES FOR THE PROCESSING OF PROJECT PERMIT
APPLICATIONS, AS REQUIRED BY THE REGULATORY
REFORM ACT, CHAPTER 36.70B RCW; DESCRIBING
GENERAL REQUIREMENTS FOR A COMPLETE
APPLICATION; ALLOWING FOR OPTIONAL
CONSOLIDATED PERMIT PROCESSING; SETTING A TIME
FRAME FOR THE ISSUANCE OF PROJECT _PERMITS;
DESCRIBING THE REQUIRED PUBLIC NOTICE
PROCEDURES FOR A PUBLIC HEARING; ESTABLISHING A
PROCESS OF OPEN RECORD HEARINGS, CLOSED RECORD
DECISIONS AND APPEALS; AMENDING JUDICIAL APPEAL
PROCEDURES; DESCRIBING THE PROCESS FOR ISSUANCE
OF A NOTICE OF DECISION; REQUIRING A PUBLIC
HEARING ON THIS ORDINANCE WITHIN SIXTY DAYS
FROM ADOPTION; AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, the Regulatory Reform Act (Chapter 36.70B RCW) requires that the
City establish a permit review process which, among other things: (1) provides for the integrated
and consolidated review and decision on two or more project permits relating to a proposed act; (2)
combines the environmental review process both procedural and substantive, with a procedure for
the review of project permits; (3) provides for no more than one open hearing and one closed record
appeal on such permits, except for the appeal of a determination of significance; (4) provides for the
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issuance of the City's final decision within one hundred and twenty days after submission of a
complete application; and
WHEREAS, RCW 35A.63.220 permits the adoption of a six month interim land use
ordinance without prior planning board review and public hearing by the City Council if a public
hearing on the interim ordinance is conducted within sixty days of the adoption of the ordinance;
and
WHEREAS, the time saving procedures of the interim ordinance adoption process
permitted by RCW 35A.63.220 is necessary for this ordinance in order to facilitate compliance with
adoption deadlines imposed by the Regulatory Reform Act, chapter 36.7013 RCW, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A new Section 19.00.115 is hereby added to the Edmonds Community
Development Code to provide as follows:
Section 19.00.115 LETTER OF COMPLETENESS
1. Within twenty -eight (28) calendar days of receiving a date -
stamped application, the City shall review the application and
provide the applicant(s) with a written statement that the
application is complete or incomplete, as defined by ECDC
19.00.110.
2. For applications determined to be incomplete, the City shall
identify, in writing, the specific requirements or information
necessary to complete the application. Upon submittal of the
specified information, the City shall within fourteen (14) calendar
days issue a letter of completeness or identify what additional
information is required.
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Section 2. A new section 19.00.127 is hereby added to the Edmonds Community
Development Code to provide as follows:
Section 19.00.127 FINAL DECISION
A. Time. The final decision on a development project shall be made within one
hundred twenty (120) calendar days from the date of the letter of completeness
issued under Section 19.00.125. Exceptions to this include:
Any time required to correct plans, perform studies or
provide additional information, provided that within
fourteen (14) calendar days of receiving the requested
additional information, the Community Services Director
shall determine whether the information is adequate to
resume the project review.
2. Substantial project revisions made or requested by an
applicant, in which case the one hundred twenty (120)
days will begin again from the time that the City
determines the revised application to be complete.
3. All time required for the preparation and review of the
Environmental Impact Statement pursuant to the State
Environmental Policy Act.
4. An extension of time mutually agreed upon by the City
and the applicant.
5. All time required for the administrative appeal of a
Determination of Significance.
B. The acquisition of all necessary discretionary development permits for the project
shall be obtained before a building permit application is filed. The building permit
application shall be denied if any necessary discretionary permits are required after
building permit application. However, building permit approval can be acquired if a
discretionary permit is obtained after the building permit application is filed if an extension
of the one hundred twenty day (120) deadline imposed under ECDC Section 19.00.127(A)
is mutually agreed upon by the City and the applicant in order to provide the applicant
sufficient time to acquire the necessary discretionary permits and also to provide the City
with sufficient time to consider the building permit application in conjunction with
additional requirements and information acquired as a result of the discretionary permit
approval(s).
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Section 3. A new section 19.00.120(D) is hereby added to the Edmonds
Community Development Code to provide as follows:
D. Building Permit Applications. The applicant may not apply for
a building permit for the project identified in an augmented
application for architectural design or review until the applicant
has received an approval for the augmented permit.
Section 4. Chapter 20.10 of the Edmonds Community Development Code is
hereby amended as follows:
CHAPTER 20.10 ARCHITECTURAL DESIGN REVIEW
20.10.000 PURPOSES
In addition to the general purposes of the Comprehensive Plan and the Zoning
ordinance, this chapter is included in the Community Development Code for the
following purposes:
A. To encourage the realization and conservation of a desirable and aesthetic
environment in the City of Edmonds.
B. To encourage and promote development which features amenities and
excellence in the form of variations of siting, types of structures and
adaption to and conservation of topography and other natural features.
C. To encourage creative approaches to the use of land and related physical
developments.
D. To encourage the enhancement and preservation of land or building of
unique or outstanding scenic or historical significance.
E. To minimize incompatible and unsightly surroundings and visual blight
which prevent orderly community development and reduce community
property values.
20.10.010 SCOPE
This chapter applies to all development, except- for permitted primary and
secondary uses in RS- Single Family Residential districts and duplexes in RM-
Multiple Residential districts. Development means any improvement to real
property open to exterior view, including but not limited to buildings, structures,
fixtures, landscaping, site screening, signs, parking lots, lighting, pedestrian
facilities, street furniture, use of open areas (including parks, junk yards, riding
academies, kennels and recreational facilities), mobile home and trailer parks,
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whether all or any are publicly or privately sponsored. Development does not
include underground utilities.
20.10.020 APPROVAL REQUIRED
A. Development. No person shall start any development, or substantially
change any development, until the Architectural Design Board has
approved the proposed development or change, except where this Code
expressly delegates such approval to the staff. In the case where a
proposed development or change requires additional permits or approvals
subject to Project Consolidation as described in Section 20.90.010
(including appeals of SEPA determinations), then any required open
record public hearing or approval to be granted by the Architectural
Design Board will instead be completed by the Hearing Examiner. Unless
staff determines that the project creates a significant change in the design
characteristics of the development, the following development projects are
exempt from Architectural Design Board review and subject to approval
of staff using the criteria of this chapter:
Remodels of buildings that do not result in a changing of the
building footprint and that involve materials, forms and repetition
of elements consistent with the existing building design.
2. Re- striping and other minor changes to parking lots that do not
result in changes to landscaping or a reconfiguration of the lot.
Any change resulting in the creation of five or more new parking
spaces shall be approved by the Architectural Design Board.
Fences that do not require a separate development permit.
B. Permits. No city permit or approval shall be issued for any development
until the Architectural Design Board has approved the proposed
development, except where this Code expressly delegates such approval to
the staff or the Hearing Examiner. ford. 2277 §3, 1982.]
20.10.040 OPTIONAL PRE - APPLICATION
The applicant may submit the plans required in Section 20.95.010 in preliminary
or sketch form, so that the comments and advice of the Architectural Design Board
may be incorporated into the final plans submitted for application.
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
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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. —Ord. 2769 §2, 1990.]
20.10.050 REVIEW PROCEDURE
A. Review. The staff shall review the application as provided in Section
20.95.030, and the Community Development Director shall schedule the
item for a meeting of the Architectural Design Board. The Architectural
Design Board shall review the proposed development at a public hearing,
and approve, conditionally approve, or deny the proposal. The action of
the Architectural Design Board on a city development shall be a
recommendation to the City Council. The Board may continue the meeting
on the proposal to allow changes to the proposal, or to obtain information
needed to properly review the proposal. See Section 3.13.090 of the
Edmonds City Code regarding exemption from Architectural Design
Board Review. [Ord. 2971 § 2, 1994].
B. Notice. Public notice by mail, posting or newspaper publication shall not
be required except for applications that require an environmental impact
statement, in which case notice of the hearing shall be as required by
Chapter 20.91.
C. Bond. The Architectural Design Board may require that a bond be posted
under Chapter 17.10 to ensure the satisfactory installation of site
improvements.
20.10.060 FINDINGS
The Board shall make the following findings before approving the proposed
development:
A. Comprehensive Plan. That the proposal is consistent with the
Comprehensive Plan and other adopted City policies.
B. Zoning Ordinance. That the staff has found that the proposal meets the
requirements of the Zoning Ordinance, or the city has approved a variance,
or a modification under the Zoning Ordinance.
C. Criteria. That the proposal as approved or conditionally approved,
satisfies the criteria and purposes of this chapter.
20.10.070 CRITERIA
A. Building Design. No one architectural style is required. The building shall
be designed to comply with the purposes of this chapter and to avoid
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conflict with the existing and planned character of the nearby area. All
elements of building design shall form an integrated development,
harmonious in scale, line and mass. The following are included as
elements of building design:
All exterior building components, including windows, doors,
eaves, and parapets.
2. Colors, which should avoid excessive brilliance or brightness
except where that would enhance the character of the area.
Mechanical equipment or other utility hardware on the roof,
grounds or buildings, should be screened from view.
4. Long, massive, unbroken or monotonous buildings shall be
avoided in order to comply with the purposes of this chapter, to
allow light and air to occupants of the development, and to
provide space for landscaping and recreational facilities.
All signs should conform to she general design theme of the
development.
6. Size and height of buildings should be compatible with the
character and existing views of the surrounding area.
B. Site Treatment. The existing character of the site and the nearby area
should be the starting point for the design of the building and all site
treatment. The following are elements of site treatment:
1. Grading, vegetation removal and other changes to the site shall be
minimized where natural beauty exists. Large cute and fill and
impervious surfaces should be avoided.
2. Landscape treatment should be provided to enhance the building
design and other site improvements.
Landscape treatment should be provided to buffer the
development from surrounding property where conflict may
result, such as parking facilities near yard spaces, streets or
residential units, and different building heights, design or color.
Landscaping that could be damaged by pedestrians or vehicles
should be protected by curbing or similar devices.
Service yards, and other areas where trash or litter may
accumulate, should be screened with planting or fences or walls
which are compatible with natural materials.
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6. All screening should be effective in the winter as well as the
summer.
Materials such as wood, brick, stone and gravel (as opposed to
asphalt or concrete) may be substituted for planting in areas
unsuitable for plant growth.
8. Exterior lighting should be the minimum necessary for safety and
security. Excessive brightness should be avoided. All lighting
should be lowrise, and directed downward onto the site. Lighting
standards and patterns should be compatible with the overall
design theme.
C. Other Criteria.
Community facilities and public or quasi - public improvements
should not conflict with the existing and planned character of the
nearby area.
2. Street furniture (including but not limited to benches, light
standards, utility poles, newspaper stands, bus shelters, planters,
traffic signs and signals, guardrails, rockeries, walls, mail boxes,
fire hydrants and garbage cans) should be compatible with the
existing and planned character of the nearby area.
Buildings taller than two stories shall be reviewed to determine
the extent to which they will block views from surrounding
property. Substantial view blockage should be avoided by
alternative roof designs or location, or imposition of special height
limits.
20.10.075 APPLICATION OF CRITERIA - EXAMPLES
Examples of the successful application of the design criteria contained in Section
20.10.070 and/or of the requirements of the Comprehensive Plan are incorporated
in a Building Design and Treatment Criteria Interim Guide (Interim Guide)
adopted by this reference and incorporated in the provisions of the Edmonds
Community Development Code and Chapter 20.10 as fully as if herein set forth.
Copies of the Interim Guide are available for review or purchase from the Planning
Department of the City of Edmonds. The Interim Guide contains photographs of
various residential and commercial structures erected in the City of Edmonds,
which comply with the design criteria set forth in the preceding section and the
City's Comprehensive Plan. [Ord. 2959 § 1, 1993].
20.10.080 APPEALS
All design review decisions of the Hearing Examiner or Architectural Design
Board are appealable to the City Council as provided in Section 20.105.040.
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Persons entitled to appeal are (1) the applicant; (2) anyone who has submitted a
written document to the City of Edmonds concerning the application prior to or at
the hearing identified in Section 20.20.050; or (3) anyone testifying on the
application at the hearing identified in Section 20.10.050.
20.10.090 LAPSE OF APPROVAL
A. Time Limit. Unless the owner submits a fully completed building permit
application necessary to bring about the approved alterations, or if no
building permit application is required, substantially commences the use
allowed within 18 months from the date of approval, Architectural Design
Board approval shall expire and be null and void, unless the owner files a
fully completed application for an extension of time prior to the expiration
date. For the purposes of this section the date of approval shall be the date
on which the Board's minutes or other method of conveying the final
written decision of the Board as adopted are mailed to the applicant. In the
event of appeal, the date of approval shall be the date on which a final
decision is entered by the City Council or court of competent jurisdiction.
B. Time Extension.
1. Application. The applicant may apply for a one time extension of
up to one (1) year by submitting a letter, prior to the date that
approval lapses, to the Planning Division along with any other
supplemental documentation which the Planning Director may
require, which demonstrates that he /she is making substantial
progress relative to the conditions adopted by the Architectural
Design Board and that circumstances are beyond his /her control
preventing timely compliance. In the event of an appeal, the one
(1) year extension shall date from the date a final decision is
entered in favor of such extension.
Fee. The applicant shall include with the letter of request such fee
as is established by ordinance. No application shall be complete
unless accompanied by the required fee.
Review of Extension Application. An application for an extension
shall be reviewed by the Planning Official as provided in Section
20.95.050 (staff decision - optional hearing).
Section 5. The title to Chapter 20.12 of the Edmonds Community Development
Code is hereby amended as follows:
LANDSCAPING REQUIREMENTS
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Section 6. Section 20.12.000 of the Edmonds Community Development Code is
hereby amended as follows:
20.12.000 SCOPE
The landscape requirements found in this chapter are intended for use by city staff,
the Architectural Design Board and the Hearing Examiner in reviewing projects, as
set forth in Chapter 20.10.010 of the Community Development Code. The ADB
shall be allowed to interpret and modify the requirements contained herein,
Provided such modification is consistent with the Purposes -found in Chapter
20. 10.000 of the Community Development Code.
Section 7. Section 20.12.010 of the Edmonds Community Development Code is
hereby amended as follows:
20.12.010 LANDSCAPE PLAN REQUIREMENTS
The Applicant has the option of submitting a preliminary landscape plan to the
Architectural Design Board prior to final approval. - The preliminary landscape
plan need not include the detail required for final approval, although areas of
Proposed landscaping should be shown. Final project approval cannot be given -
until the final landscape plan is submitted and approved.
The following items shall be shown on any final landscape plan submitted to the
ADB for review:
A. Name and address or location of the project.
B. All plant material 'identified by botanical and common name - genus,
species and variety. (See Section 20.12.015)
C. Location of all trees and shrubs to be planted.
D. Three sets of landscape plans drawn to a scale of 1 " =30' or larger (e.g.,
1 " =201, 1 " =10', etc.). Plan should include a bar scale for reference. See
"Checklist for Architectural Design Review" items (on architectural
design review brochure) for required number of other plans. "
E. Scale of the drawing, a north arrow and date of the plan.
F. All property lines, as well as abutting streets and alley.
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G. Locations, sizes and species of existing tress (6 inches in caliper or more)
and shrubs. Trees and shrubs to be removed must be noted. Natural areas
should be designated as such.
H. Any proposed or existing physical elements ( such as fencing, walls,
building, curbing, and signs) that may affect the overall landscape.
1. Parking layout, including circulation, driveway location, parking stalls and
curbing (see Section 20.12.020(d)).
Grading shown by contour lines (minimum five foot intervals), spot
elevations, sections or other means.
K. Location of irrigation system (see 20.12.020(E), below).
Section 8. Section 20.18.020 of the Edmonds Community Development Code is
hereby amended as follows:
20.18.020 PRE - HEARING REQUIREMENTS
A. Application. In addition to the information required by Section 20.95.010,
the applicant for a conditional use permit for a group home shall provide a
statement of the impacts that would result from the establishment and
operation of the proposed facility, including:
1. A complete description of the facility, its clients and operators,
and its proposed operating conditions.
2. An analysis of the need for the proposed facility in the city.
3. A financial statement for the proposed facility.
4. Further information and analysis as required by the Community
- Development Director to completely disclose the impacts of the
proposed facilities.
The Community Development Director shall review the statement for
accuracy, completeness and objectivity before releasing it to the public.
The hearing on the conditional use permit shall not be held until 30 days
after the Director issues the statement.
B. Neighborhood Meeting. The Community Development Director (or
designee) shall hold a public meeting with any applicant for a group home
or other residential social service facility and residents of the
neighborhood. Notice of the meeting shall be given as required in Section
20.91.010, except that the distance specified in that section shall be
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changed to 600 feet. The hearing shall be held at least ten days after the
issuance of the statement required above but no more than ten days before
the conditional use permit hearing.
Section 9. Section 20.19.010 of the Edmonds Community Development Code is
hereby amended as follows:
20.19.010 CONDITIONAL USE PERMIT REQUIRED
When a conditional use permit is required by the provisions of Title 16 relating to
the zoning districts, conditional use permit applications for operation of a mini day
care shall be processed in accordance with procedures of section 20.95.050 (staff
decision - optional hearing), utilizing the criteria set forth in this chapter. In
addition to the specific criteria set forth herein, the staff and hearing examiner on
appeal, shall also review the application under the criteria and required finding set
forth in chapter 20.05 relating to conditional use permits in order to establish that
the proposed facility is not deleterious to the immediately surrounding
neighborhood nor constitutes a public nuisance. The community development
director or his designee, or the hearing examiner on appeal, may impose
reasonable conditions on the approval of the conditional use permit for mini day
care facilities in order to ensure that the criteria of 20.19.020 are met and that the
facility is in harmony with the surrounding neighborhood.
Section 10. Section 20.35.020 of the Edmonds Community Development Code is
hereby amended as follows:
20.35.020 PRE - APPLICATION REVIEW
A. Pre - Application Staff Review. The preliminary plans of the proposal
shall be submitted to the Community Development Director for review
and comment. This provides an opportunity for the developer to work with
the city staff to design a total plan which best meets the goals of the city
and the needs of the developer. Such potential problems as drainage,
topography, circulation, site design and neighborhood impact should be
identified and addressed before the proposal is submitted for formal
review.
B. Pre - Application Meeting. If the project contains unusual or severe
environmental problems or unusual compatibility problems with adjoining
properties, the Community Development Director or the applicant may
require that a public pre - application meeting be held on the proposal.
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This meeting will allow immediate public response to the proposal as a
concept in rough sketch form. The staff may make general
recommendations to the applicant.
Section 11. Chapter 20.35.040 of the Edmonds Community Development Code
is hereby amended as follows:
20.35.040 REVIEW OF PRELINIINARY PLAN
A. Review by Architectural Design Board. The Architectural Design Board
shall review the proposal using the criteria of Chapter 20.10 and make
recommendations to be considered by the Hearing Examiner and included
in the Hearing Examiner's recommendation to the City Council.
B. Hearing Examiner and City Council Review. The Hearing Examiner
shall make recommendations and City Council shall review the proposal
under the provisions of Section 20.100.010 and 20.100.030.
C. Review Criteria. The Hearing Examiner and City Council shall review
the application for conformity with the comprehensive plan, the zoning
ordinance, the criteria of the subdivision ordinance, the review criteria of
this chapter and shall review the following additional factors:
Compatibility with existing and planned land use in the nearby
area;
2. Assurances that the Planned Residential Development will be
developed as presented in design documents and statements of
intent.
Section 12. Chapter 20.35.120 of the Edmonds Community Development Code
is hereby amended as follows:
20.35.120 REVOCATION OF APPROVAL
A. Council Review. If a condition of approval is violated or not met within
the time set for its completion, or provisions of this code are violated, the
Council may, either on recommendation of the Community Development
Department, or on its own motion, set a public hearing, under Chapter
20.91, upon the question of the revocation of the approval and any permits
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granted pursuant to it. After a public hearing the Council, by ordinance,
may revoke the approval and any other permits, or may change the terms
of the approval. Nothing in this section shall limit the revocation of
building permits, issuance of stop orders or other similar procedures
authorized by this code.
B. Abandonment or Non - completion. If a Planned Residential
Development project is abandoned, or is not completed within two years
of the effective date of the approving ordinance, or within any extension
beyond two years, as provided herein, the approval of the project shall
automatically expire and no building permits shall thereafter be issued,
renewed or extended. Upon expiration, the undeveloped land may only be
developed after a new Planned Residential Development application for
such land has been approved pursuant to the procedures and requirements
of this Chapter. If no part of the project has been completed, the City
Council shall, by ordinance, remove the Planned Residential Development
designation from the Official Zoning Map, and revoke the original
approval, by ordinance.
C. Extension of Approval.
First extension: The Community Development Director, pursuant
to the procedures of Section 20.95.050 (staff decision - optional
hearing), may grant a one -year extension for completion of an
approved project, upon a finding that the applicant has made a
diligent, good faith effort to complete the project within two years
of the approval.
Subsequent Extensions: The Hearing Examiner, pursuant to
Section 20.100.010(B) of this code, may grant one further
extension, not to exceed two years after an extension granted by
the Community Development Director, provided the following
findings are made:
a. The project has not been completed due to causes beyond the applicant's
control;
b. The applicant has shown a diligent good faith effort to complete the
project within the time previously allotted; and
C. The project can be built under the Community Development Code in
effect at the time of the extension request without significant changes in the design
originally approved.
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Section 13. Section 20.40.030 of the Edmonds Community Development Code is
hereby amended as follows:
20.40.030 NOTICE
Notice of rezone hearings (and text change) before the Planning Advisory Board
shall be the same as set forth for proposed amendments to the Comprehensive Plan
in Section 20.00.020 for newspaper publication, and pursuant to Section 20.91.010.
Section 14. Section 20.55.020 of the Edmonds Community Development Code is
hereby amended as follows:
20.55.020 NOTICE
A. Publication. In addition to the requirements of Chapter 20.91, notice shall
be given by publication in a newspaper of general 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 20.91, 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 15. Chapter 20.60 of the Edmonds Community Development Code is
hereby amended as follows:
CHAPTER 20.60 SIGN PERMITS
20.60.000 PURPOSE
The purpose of this chapter is to enact regulatory measures to implement those
goals and policies stated in the Edmonds Comprehensive Policy Plan.
20.60.010 PERMIT REQUIRED
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No sign may be installed or changed without first obtaining approval of the sign's
design from the appropriate city authority, unless exempted by this chapter. A sign
is a display visible from a public place that is intended to convey a message to the
public and /or attract attention to the goods and /or services provided by an
enterprise, including wall graphics or identification structures.
A change to a sign consists of relocating the sign, changing the color scheme of the
sign, or replacing 25% or more of the structural material in the sign area. Normal
maintenance and a change of name without changing the color scheme are not
changes which require a permit. [Ord. 2277 § 1, 1982.]
20.60.020 GENERAL REGULATIONS
A. Staff Approval. The Planning Director, or designee, shall review all
applications for sign permits under this chapter, and determine whether the
information provided is adequate, to enable full evaluation of the proposed
sign.
The Planning Director or designee may refer certain applications
to the Architectural Design Board where the proposed sign
contains one of the following characteristics:
a. The sign is to be freestanding, detached from any
buildings or structures;
b. The sign will be lighted, or will use light- reflective
material; or
The proposed sign will be a wall graphic as defined by
this chapter.
2. The Planning Director or designee shall refer certain applications
to the Architectural Design Board where the proposed sign
contains one of the following characteristics:
a. The sign exceeds the maximum height, area and /or
location standards prescribed by this chapter.
b. More than two signs are proposed by the applicant for the
site, or the total number of approved signs for that
applicant would exceed two signs.
C. The proposed sign would be an identification structure as
defined by this Chapter.
d. The proposed sign would require a Street Use Permit
under this Code.
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e. The proposed sign would be obtrusive, garish or
otherwise not consistent with the surrounding
neighborhood and may have a significant impact on the
community.
Notwithstanding the other provisions of this subsection, sign
permit applications shall not be submitted to the Architectural
Design Board if the proposed sign replaces a previous sign and
there is no significant change in the general characteristics of the
sign except for content; said general characteristics include but are
not limited to size, shape, lighting, location and supporting
structure. The permit applications for these signs shall be
processed and subject to review in the same manner as other sign
permit applications that are not required to be submitted to the
Architectural Design Board.
Permits for all other.signs may be approved, conditionally approved or
denied by the Planning Director, or designee, using the criteria set forth in
Chapter 20.10 and the provisions of this chapter, after providing an option
for a public hearing (see 20.95.050), and subject to appeal to the Hearing
Examiner pursuant to the procedure established in Section 20.105 for
appeal of staff decisions.
B. Design Review. The City shall use the general policies for design review
stated in Chapter 20.10 and the provisions of this chapter to review all
signs proposed for a site except those signs approved by the staff pursuant
to subsection A of this section. The City shall approve the number, type
and location of signs to be permitted using the criteria set forth in Section
20.10.070 of this code, as such criteria relate to signs.
C. General Regulations.
The sign area is the actual area of the sign visible from any single
point of observation. Supporting structures which are a part of the
sign display shall be included in the calculation of the sign area.
2. The maximum sign area per business shall be calculated at one
square foot of sign area for each lineal foot of the wall containing
the main public entrance to the business.
The maximum sign area may be divided between attached,
freestanding and first -floor window signs.
4. The total area of attached signs on any wall shall not exceed the
ratio of one square foot of sign area to one lineal foot of that wall.
1724ord.doc -17-
Window signs above the first floor are not included in the
maximum sign area of a site, and are allowed to businesses
located above the first floor with a maximum area of one square
foot of sign area for each lineal foot of window frontage.
D. Sign Height.
Sign height for attached signs is the vertical distance from the
midpoint of the top of the sign to the finished grade.
2. Attached signs shall not exceed fourteen feet in height.
3. The bottom of the sign area of projecting and marquee signs shall
be at least eight feet in height, and at least eleven feet if it projects
over a vehicular way. The sign area of a marquee sign may not
exceed two feet in vertical dimension.
When located on a wall or mansard roof, a sign may not extend
above the highest point of the wall or roof, or above the eave or
drip line of a pitched roof on which it is located. A sign may not
be attached above the eave or drip line on a pitched roof.
E. Sign Prohibition.
No sign or any part of a sign may be designed or constructed to be
moving by any means, and shall not contain items such as
banners, ribbons, streamers and spinners. Signs with type that is
movable to change the message (reader boards) are allowed.
2. No signs shall extend into or over a public right -of -way unless a
street use permit has been approved (see Chapter 18.70).
Exposed braces and angle irons are prohibited. Guywires are
prohibited unless there are no other practical means of supporting
the sign.
4. No sign shall have blinking, flashing, fluttering or moving lights
or other illuminating device which has a changing light density or
color, provided, however, temperature and /or time signs that
conform in all other respects to this chapter are allowed.
No light source which exceeds 20 watts shall be directly exposed
to any public street or adjacent property.
6. No illumination source of fluorescent light shall exceed 425
milliamps or be spaced closer than eight inches on center.
1724ord.doc -18-
7. No sign shall be illuminated after 11:00 PM. unless the enterprise
is open for business and then may remain on only as long as the
enterprise is open.
8. No window signs above the first floor shall be illuminated. [Ord.
2429 §2, 1984; Ord. 2427, 1984; Ord. 2277 §2, 1982.]
20.60.030 PROJECTING SIGNS MAXIMUM AREA
The maximum area of a projecting sign shall be as follows:
Zone I Maximum Area of Sign
RS, RM Not permitted
BN, BC, CW 16 square feet
CG 132 square feet
20.60.040 FREESTANDING SIGNS - SPECIAL REGULATIONS
A. Policy. Freestanding signs shall be discouraged. Freestanding signs will be
approved only if the applicant can demonstrate to the City that no
reasonable alternative exists to satisfy the identification needs of the
business.
B. Area. The maximum area of a freestanding sign shall be as follows:
Zone Maximum Area of Sign
RS & RM 10 square feet (Residential Development Identification)
3 square feet (Individual Residence Sign)
BN 24 square feet (single)
48 square feet (group)
BC & CW 32 square feet (single)
48 square feet (group)
CG Sign area shall be governed by subparagraph C
C. Allowable Sign Area - CG Zone. The total allowable sign area for
freestanding signs on general commercial sites shall be 56 square feet or
one -half square foot of sign area for each lineal foot of street frontage
whichever is greater, up to a maximum of 160 square feet of freestanding
sign area. Multiple business sites shall further be allowed an additional 24
square feet of freestanding sign area for each commercial tenant or
occupant in excess of one up to a maximum sign area of 160 square feet.
Corner lots choosing to accumulate sign area under the provisions of
subparagraph E hereof shall be limited to 160 square feet.
D. Height.
1724ora.aoo -19-
Sign height for freestanding signs is the vertical distance from the
highest point of the sign area of its support to the average
elevation of undisturbed soil at the base of the supports.
2. The maximum sign height of freestanding signs shall be as
follows:
Zone I Maximum Height
RS, RM I 3.5'(Residential Development Identification)
BN,BC &CW 1 14.0'
CG 1 25.0'
E. Location. Freestanding signs shall be located as close as possible to the
center of the street frontage on which they are located. They may not be
located on public property. Sites on a corner of two public streets may
have one sign on the corner instead of a sign for each frontage.
F. Number. Commercial sites, including multiple business sites, shall have
only one freestanding sign, unless the site has frontage on two arterial
streets, in which case there may be one sign per street frontage subject to
the restrictions on area contained within this chapter. All other sites may
have only one freestanding sign.
G. Landscaping.
1. Each freestanding sign shall have a landscaped area twice the size
of the sign area at the base of the sign. The landscaping and sign
base shall be protected from vehicles by substantial curbing.
2. The applicant shall provide a landscape performance bond in the
amount of 125% of the estimated costs of the landscaping, or
$1,000, whichever is more. The bond shall be processed in
accordance with Chapter 17.10. [Ord. 2488 §1, 1985; Ord. 2429
§3, 1984.]
20.60.045 WALL MOUNTED SIGNS - GENERAL COMMERCIAL
The total allowable sign area for each general commercial establishment for signs
attached to a building shall be one square foot of sign area for each lineal foot of
building frontage along a public street and /or along a side of the building
containing the primary public entrance to a maximum of 200 square feet. The
allowable sign area shall be computed separately for each qualifying building
frontage, and only the sign area derived from that frontage may be oriented along
that frontage. Sign areas for wall mounted signs may not be accumulated to yield a
total allowable sign area greater than that permitted such frontage, except that
1724ord.doe -20-
businesses choosing not to erect a freestanding sign may use up to fifty percent
(50 %) of their allowable freestanding sign area for additional attached sign area.
Use of the additional area shall be subject to the review of the Architectural Design
Board. [Ord. 2429 §3, 1.984.]
20.60.050 WALL GRAPHIC AND IDENTIFICATION STRUCTURES
A. Definitions. A wall graphic is a wall sign in which color and form are part
of an overall design on the building. An identification structure is a
structure intended to attract the attention of the public to a site, with no use
of words or symbols identifying the business. Examples include fountains,
sculptures, awnings, and totem poles. [Ord. 2710, 1989.]
B. Restrictions. There are no area restrictions on wall graphics or
identification structures.
20.60.060 INCIDENTAL SIGNS
A. Definition. An incidental sign is one which does not advertise or identify a
good, service, or business, and which is provided solely for the
convenience of the public. An example is a directional sign for off - street
parking. Off -site directional signs for schools, churches, institutional uses,
park facilities and /or listing the meeting dates of - community service clubs
are considered as incidental signs. [Ord. 2710, 1989.]B. Standards.
Incidental signs shall "be sized to accomplish the intended purpose and may
not exceed six square feet in area. Incidental signs do not require a sign
permit but shall require a street use permit if proposed for location within
the public right -of -way and off the premises of the applicant. They shall be
consistent with the overall design theme of a site, and shall not result in
clutter or confusion. The Architectural Design Board may, at its option,
review the incidental sign program for any site and require changes to
meet the requirements of this subsection. [Ord. 2488 §2, 1985.]
20.60.065 GROUP SERVICE CLUB SIGNS
A. The City, in its sole discretion, may approve the location of a sign
grouping information relating to the meetings of service clubs through the
street use permit process. It is intended that all such information be located
at one or more central locations, with one sign at each location, and that
the proliferation of such signs be avoided. The sign shall not exceed eight
(8) feet in height and shall have such other dimensions as determined
through the street use permit process. The design of the sign shall be
subject to Architectural Design Board approval and may include
appropriate landscaping. Changes in the sign which meet the general
approval of the Board shall not be subject to further review.
B. The group sign and any required landscaping shall be maintained by the
service organizations whose individual sign elements are on the group
1724ord.doc —21—
display. Failure to maintain the sign or its individual elements shall result
in the removal of said sign by the City and /or revocation of the street use
permit.
[Ord. 2710, 1989.]
20.60.070 RESIDENTIAL AREA SIGNS
A. Individual Residence Signs. They may contain only the name and
address of the resident, may be lighted at all times, and may not exceed
three square feet in area. No permit is required.
B. Residential Development Identification. These signs are allowed to
identify residential developments or neighborhoods containing more than
one residential unit. One sign may be installed near each vehicle entrance.
No interior lighting is permitted. The requirements of Section 20.60.040
shall be met for freestanding signs. Signs may not exceed ten square feet.
One attached sign may be used in lieu of allowable freestanding signs.
C. Signs for Conditional Non - residential Uses in Residential Areas.
Examples of these uses are churches, professional offices and institutional
uses. Signs for these uses shall meet the same standards as Residential
Development Identification Signs in subsection B directly above.
20.60.080 TEMPORARY SIGNS
A. Definition. A temporary sign is one advertising an event that is occurring
or will occur, or a product or service that is available for a short, limited
period of time. Temporary signs are not permanently attached to a site and
include paper signs and sandwich boards. Trailer signs are specifically
excluded from this definition.
B. Standards. No permit is required for temporary signs, but they are not
allowed to continually advertise goods, services or events on a site;
permanent signs shall be used for that purpose. Unless otherwise specified
below, no temporary sign shall exceed 10 square feet.
C. Business Opening Signs. Maximum duration shall be one month.
Maximum area, per site, shall be one square foot of sign area per one
lineal foot of wall containing the public entrance into the building.
D. Sale Signs. Maximum duration shall be one month.
E. Quitting Business, Fire Sale, and Similar Signs. Maximum duration
shall be not more than two months.
F. Real Estate (For Sale, Sold, or Lease) Signs. Maximum duration shall be
seven days after the date of closing. Lease signs shall remain only so long
1724ord.doc -22-
as space is available in the building. Maximum area, per site, shall be six
square feet and the sign shall be located only on the property for sale.
G. Construction Signs. Sign copy shall be limited to information about a
building under construction or being remodeled. Maximum duration shall
be until construction is completed or one year, whichever is shorter.
Maximum area shall be 32 square feet.
H. Campaign Signs. Sign copy shall be limited to information about a
candidate, political party or public issue involved in a current election
campaign. Maximum duration shall be ten days after the election.
Campaign signs are permissible on the edge of public rights -of -way
(provided they are not hazardous to pedestrian or vehicular traffic) for not
to exceed 30 days prior and /or 10 days after the applicable election.
Campaign signs may not otherwise be placed on public property and may
be removed from public property and rights -of -way without recourse.
Maximum sign area shall be eight square feet.
I. Seasonal Decoration Signs and Signs Advertising a Public Event.
Maximum duration shall be from one month before the event to seven
days after the event. There shall be no specific size limitation for these
signs. [Ord. 2488, 1985; Ord. 2287 §1, 1982; Ord. 2586, §I, 1986.]
20.60.090 PROHIBITED SIGNS
A. General. All signs not expressly permitted by this chapter are prohibited.
B. Off -site Signs. Signs which are not directly related to the use or activity
operated on the site of the sign are prohibited.
C. Hazards. Signs which the Director of Public Works determines to be a
hazard to vehicle or water traffic because they resemble or obscure a
traffic control device, or because they obscure visibility needed for safe
traffic passage, are prohibited. These signs shall be removed if they
already exist.
D. Confiscation of Prohibited Signs in Public Rights -of -Way. All signs
which are located within a public right -of -way and not erected pursuant to
a permit or other government approval, are hereby declared to be a public
nuisance under the limitations herein expressed. The Planning Director, or
designee, in his or her discretion, may remove such signs after the
determination that:
The sign is permanently affixed or creates an immediate hazard to
pedestrian or motor vehicle traffic, and
2. Confiscation is the most reasonable and practical means of abating
such nuisance.
1 724ord.doc -23-
Any signs confiscated by the City shall be held for ten (10)
working days after which such signs may be destroyed or
otherwise disposed of The owner of any confiscated signs may
recover the same upon payment of a $25.00 fee to cover the cost
of confiscation and storage. [Ord. 2488, 1985.]
20.60.100 ADNIINISTRATION
A. General. The Community Development Director is responsible for
administering and enforcing the provisions of this chapter. He or she shall
adopt application requirements for sign permits. Fees shall be as stated in
Chapter 15.00.
B. Installation Permits. Many signs require installation permits under
Chapter 19.45, and may require plan checking fees as well.
C. Notice of Violation. Whenever the Planning Director becomes aware of a
violation of the provisions of this chapter, the Planning Director shall
cause a notice to be sent to the alleged violator informing him or her of the
violation, the applicable code section, and a time within which to remedy
the violation. The notice shall also advise of the penalties for continued
violation of the code as specified in this chapter. If the violation has not
been corrected within the time limit specified, the Planning Director shall
refer the matter to the City Attorney's Office for institution of appropriate
legal action.
D. Penalty. Any person violating any provision of this code shall be guilty of
a misdemeanor, and upon conviction thereof shall be punished by a fine of
$25 for each day of continued violation.
E. Variances. A variance to any requirement of this chapter may be
approved by the Hearing Examiner pursuant to Section 20.100.010(B) (2)
of this code. In considering the variance request, the Hearing Examiner
shall consider the criteria set forth in Section 20.85.0 10 of this code and
the criteria of Section 20.10.070 of this code, as such criteria relate to
signs. [Ord. 2427 §1, §2, 1984; Ord. 2242 §1, §2, 1981.]
Section 16. Section 20.75.065 of the Edmonds Community Development Code is
hereby amended as follows:
20.75.065 PRELINIINARY REVIEW
A. Responsibility for Review. The Community Development Director or a
designated planning staff member, is in charge of administering the
1724ord.doc -24-
preliminary review of all subdivisions and lot line adjustments. The Public
Works Director and the Fire Department and other departments if needed,
shall participate in preliminary review by appropriate recommendations on
subjects within their respective areas of expertise.
B. Notice of Hearing.
When the Community Development Director has accepted a
subdivision for filing, he shall set a date of hearing, and give
notice of the hearing as provided in Section 20.91.010, and by the
following for a Formal Subdivision.
a. One publication in a newspaper of general circulation
within Snohomish County pursuant to Chapter 1.03 of the
Edmonds City Code and posting notice in three
conspicuous places within three hundred feet of any
portion of the boundary of the proposed formal
subdivision not less than 10 days prior to the hearing.
b. Mailing to a city if a proposed Formal Subdivision is
adjacent or within one mile of the city's boundary, or the
proposed subdivision would use the utilities of the city.
Mailing to the county if a proposed Formal Subdivision is
adjacent to the city - county boundary.
d. Mailing to the State Department of Highways if a
proposed Formal Subdivision is adjacent to a state
highway right -of -way.
The notice must include a legal description and either a
vicinity location sketch or a location description in
nonlegal language. .
C. Time Limits for Staff Review. Staff review shall be completed within 20
working days from the date of filing.
D. Formal Subdivision Review. The Hearing Examiner shall review a
formal subdivision as provided in Section 20.100.010.
E. Short Subdivisions - Staff Review. The Community Development
Director shall review a short subdivision as provided in Section 20.95.050
(Staff Decision - Optional Hearing.)
F. Lot Line Adjustment - Staff Review. The Community Development
Director shall review a lot line adjustment as provided in Section
20.95.050 (Staff Decision - Optional Hearing.)
1724ord.doc -25-
G. Appeal of Staff Decision. Any person may appeal a decision of the
Community Development Director on a short subdivision or lot line
adjustment under the procedure set forth in Section 20.105.030. [Ord.
2379 §2, 1983.]
Section 17. Section 20.80.020 of the Edmonds Community Development Code is
hereby amended as follows:
20.80.020 ZONING AND PLANNING CHANGES
A. Review. Amendments to the following text materials (and where
applicable maps, and other incorporated codes or codifications within
them) before amendment by the City Council shall first be reviewed by the
Planning Advisory Board as provided in Section 20.100.020 using the
purposes and criteria set forth in the applicable chapters as the basis for its
review and recommendations:
1. Title 15, Comprehensive Plan, except application and permit fees.
2. Title 16, Zoning Districts.
3. Title 17, General Zoning, Regulations.
4. Title 20, Review Criteria and Procedure, excluding:
a. Chapter 20.15, Environmental Review (SEPA)
b. Chapter 20.70, Street Vacations
5. The Hearing Examiner shall review amendments to the Official Street
Map, Chapter 18.50, rather than the Planning Advisory Board.
B. Notice. See Section 20.91.010.
Section 18. Chapter 20.90 of the Edmonds Community Development Code is
hereby amended as follows:
CHAPTER 20.90 APPLICATION PROCESS
20.90.000 SCOPE
1724ord.doc -26-
The following sections set forth the processes for reviewing development
applications and the minimum standards which apply whenever a development
approval is required by this title. The individual portions of this title may set
additional requirements, such as different periods of time, additional methods of
giving notice, and so forth. Unless otherwise noted, the processes and requirements
established here are not intended to apply to the review or processing of building
permits.
20.90.010 APPLICATION PROCESS
A. Application.
All applications for development permits or other City approvals
required by the Community Development Code shall be submitted
on forms provided by the City of Edmonds. All such applications
shall include the information required by the appropriate Chapter
of the Community Development Code. The Community Services
Director or his/her designee may require such additional
information as reasonably necessary to fully and properly evaluate
the proposal.
B. Project Consolidation.
The City shall consolidate the review of development applications
in order to integrate and avoid duplication or needless delay in the
permitting and environmental review process. Applications
consolidated in this way shall be considered to be a development
project for the purposes of this Chapter. Applications for building
permits are exempt from the requirement for project
consolidation.
2. Decisions and hearings shall be scheduled so that no more than
one open record public hearing is held on all applications received
on a development project, and no more than one closed record
appeal hearing is held on the same project. In situations where an
open record public hearing is required before more than one
decision making body for a consolidated project, the decision
making body with the broadest decision making authority as
determined by the planning manager shall hold the public hearing
and shall have sole authority to render a final decision.
C. Preapplication Meetings.
Applicants for development permits are encouraged to participate
in an informal meeting prior to the formal submission of
application(s) for City review and approval. The purpose of the
meeting is to discuss, in general terms, the proposed development,
1724ord.doc -27-
City standards, policies, and design guidelines, the permit process
and approvals that will be required.
D. Letter of Completeness
Within twenty-eight (28) calendar days of receiving a date -
stamped application, the City shall review the application and
provide the applicant(s) with a written statement that the
application is complete or incomplete.
2. A project application shall be declared complete only when it
contains all of the following materials:
a. A fully completed, signed, and acknowledged
development application and applicable review fees.
b. A fully completed, signed, and acknowledged
environmental checklist for projects subject to review
under the State Environmental Policy Act.
C. A fully completed, signed, and acknowledged critical
areas checklist for projects subject to the Critical Areas
Ordinance of the City of Edmonds (Chapter 20.15B of the
Community Development Code).
The information specified for individual permit approvals
under the appropriate chapters of the Community
Development Code.
e. Any supplemental information or special studies
identified by the Community Services Director as
authorized by Section 20.90.010.A.1. of this Chapter.
For applications determined to be incomplete, the City shall
identify, in writing, the specific requirements or information
necessary to complete the application. Upon submittal of the
specified information, the City shall, within fourteen (14) calendar
days, issue a letter of completeness or identify what additional
information is required.
E. Final Decision
Time. The final decision on a development project shall be made
within 120 calendar days from the date of the Letter of
Completeness issued under Section 20.90.010.D. Exceptions to
this include:
1 72aora.aoc -28-
a. Amendments to the Comprehensive Plan or Community
Development Code.
b. Any time required to correct plans, perform studies or
provide additional information, provided that within
fourteen (14) calendar days of receiving the requested
additional information, the Community Services Director
shall determine whether the information is adequate to
resume the project review.
C. Substantial project revisions made or requested by an
applicant, in which case the 120 days will begin again
from the time that the City determines the revised
application to be complete.
d. All time required for the preparation and review of an
Environmental Impact Statement pursuant to the State
Environmental Policy Act.
e. Projects involving the siting of an essential public facility.
f. An extension of time mutually agreed upon by the City
and the applicant.
g. All time required for the administrative appeal of a
Determination of Significance.
1. Effective Date. The final decision of the hearing body or City
Council shall be effective on the date stated in the decision,
motion, resolution, or ordinance.
Section 19. A new Chapter 20.91 is hereby added to the Edmonds Community
Development Code as follows:
CHAPTER 20.91 PUBLIC HEARINGS AND NOTICE
20.91.000 SCOPE
The following sections set minimum standards which apply whenever a Notice of
Development Application or public hearing is required by this title. The individual
portion of this title may set additional requirements, such as different periods of
time, additional methods of giving notice, and so forth.
20.91.010 PUBLIC NOTICE
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A. Notice of Development Application. The Notice of Development
Application shall include but not be limited to the following:
1. Name of the applicant.
2. Date of application, date of the letter of completeness, and date of
notice of development application.
3. Location of the project, including vicinity map.
4. Project description.
5. Requested permits and approvals, and identification of other
permits not included in the application to the extent known by the
City.
6. Requested studies.
7. Location of application materials for public review, including any
existing or required environmental documents.
8. The public comment period, being not less than fourteen (14) nor
more than thirty (30) calendar days from the date of the notice.
9. City contact information.
10. The time, place and date of the public hearing, if a hearing has
been scheduled.
11. A statement that the decision on the application will be made
within 120 days of the date of the letter of completeness.
B. Notice of Public Hearing. The notice of public hearing shall contain at
least the following:
A general description of the project or proposal. When a Notice of
Application is required, the elements of the notice as described
under Section 20.91.010.A shall also be included in the Notice of
Public Hearing.
2. A nonlegal description or map of the location of the property
including the street address if there is one. For Formal
Subdivisions see Section 20.75.065.
The time, place and date of the hearing.
4. The place where further information is available.
A statement that oral comments at the hearing may be subject to a
time limit, and an invitation to submit written comments before
the hearing, or oral comments at the hearing.
C. Notice Procedures.
Within fourteen (1.4) calendar days of issuing a letter of
completeness under Chapter 20.90.010.13, the City shall issue a
Notice of Development Application. The City shall provide notice
according to the procedures set forth in Section 20.9 1.01 O.C.3.
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2. The City shall give notice of public hearing at least 10 working
days before the hearing date. The City shall provide notice
according to the procedures set forth in Section 20.9 1.01 O.C.3.
3. Except as specifically stated in Section 20.91.010.C.4 below,
public notice shall be provided as follows:
a. Mailings to:
(1) Applicant and owner of the property involved.
(2) Owners, as shown on the records of the County
Assessor, and to street addresses of property
located within three hundred (300) feet (except in
the case of Group Homes, see Chapter 20.18) of
the property involved in the proposal. [Ord. 2919
§1, 1993].
b. _ Posting. Notice shall be posted at conspicuous places on
or near the property involved in the proposal. The staff
shall either post three notices at or near the site or erect a
large on- premises sign, conspicuously placed in a
prominent location on the property, whichever shall, in
the sole opinion of the staff, provide the public with the
best notice of the proposed action. The on premises sign
shall be erected by the City and shall be in a format as
developed by the Community Development Director. The
prorated cost of the sign and a fee for erection shall be
charged to the applicant as an addition to any charge or
fee imposed by ECDC Title 15. The on- premises sign
shall be an incidental sign within the meaning of ECDC
20.60.060(A) erected for the convenience of the public
and shall not be deemed an illegal use in any zone nor
shall it impact any existing sign package relating to any
site. [Ord. 2726, 19891
C. Publication. Notice shall be published at least once in the
official newspaper of the City, if one has been designated,
or in a newspaper of general circulation.
4. Notice procedures for the below matters shall be as follows:
a. Rezones (Amendment to Official Zoning Map), see
newspaper publication pursuant to Section 20.40.030. In
addition notice shall be given by:
(1) Posting (Subsection 3b above), and
-31-
1724ord.doc
(2) Mailings (Subsection 3a above); or
If more than 100 parcels are involved in a rezone, as an
alternative to individually mailed notices, notice
may be given by publishing at least one notice as
a display ad, at least one - quarter page in size, in a
newspaper of general circulation in Edmonds as
set forth in Chapter 1.03 at least 10 working days
before the hearing.
(3) Publication (Subsection 3c above).
b. Zoning ordinance text changes (identified in Section
20.80.020), newspaper publication under Section
20.40.030. Further, if the Community Development
Director determines that the change is significant enough
to warrant extra notice, he or she may also notice the
change(s) proposed by newspaper display advertisements
as set forth above.
C. Comprehensive plan text amendment, newspaper
publication under Section 20.00.020. If the Community
Development Director determines that the change is
significant enough to warrant extra notice, he or she may
also notice the change(s) proposed by newspaper display
advertisements as set forth above.
Comprehensive plan map amendment, newspaper
publication under Section 20.00.020. If the Community
Development Director determines that the change is
significant enough to warrant extra notice, he or she may
also notice the change(s) proposed by newspaper display
advertisements as set forth above.
e. Formal Subdivisions, see Section 20.75.065 in addition to
the requirements of this Chapter.
f. Street vacations, see Section 20.70.020.
g. Shoreline substantial development permits, see Section
20.55.020 in addition to the requirements of this Chapter.
[Ord. 2930 §3, 1993].
20.91.020 PROCEDURE
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A. Staff Report. The staff shall present its report and recommendation, and
answer questions from the person or members of the body holding the
hearing.
B. Public Testimony. The person presiding over the hearing shall declare the
public hearing open. The applicant, and /or his representatives, if any, shall
speak first. If the hearing is on the application of a person requesting
review of an approved permit or an appeal from a staff decision, which is
unrelated to an application for a permit, that individual or individuals shall
speak first. Following the presentation of the applicant, the appellant, if
any, shall be allowed to speak. Then, any interested person may be heard.
After all interested members of the public have had a fair opportunity to
speak, the applicant shall be given a brief opportunity to respond to or
rebut information presented by the appellant or members of the public
This opportunity for rebuttal shall not be used to present new information
or to address subjects other than issues raised by the appellant and public.
After all interested persons have had a fair opportunity to speak, the
person presiding over the hearing shall declare the public hearing closed.
The person presiding shall then recognize final staff comments, if any, and
questions of the council.
Any hearing may be continued to obtain information needed for a proper
decision, or for other good cause. No further notice of the continued
hearing shall be required if the hearing is continued to a set date.
C. Relevant Material. A person may speak on, or submit other material on
any relevant subject. A subject is relevant if it is related to the elements of
the proposal being reviewed, as shown by the required findings or review
criteria required by the Community Development Code. The person
presiding over the hearing may exclude material which is not shown to be
relevant.
D. Time Limits. The person or body holding the hearing may impose a
reasonable time limit for every person speaking during the hearing.
E. Rules of Procedure. The person or body charged with holding public
hearings shall adopt, with the concurrence of the City Council, rules of
procedure to supplement this section. However, formal rules of evidence
or procedure followed in a court shall not be applied to hearings under this
section.
F. Discussion. The person or body holding the hearings may ask questions of
the staff or any other person after the hearing is closed. However, if any
new material is raised by these questions, or if any new material is
discussed, the public hearing may be reopened for comment on the new
material. New material is material not discussed before or during the
public testimony portion of the bearing.
1724ora.aoc -33-
G. Decision. The decision shall be made after the hearing. For the Hearing
Examiner, Community Development Director and other staff, the decision
shall be made within 10 days of the day the hearing was closed. The
decision shall be based on the relationship of the proposal to the standards,
criteria and findings of the Community Development Code. The report (or
minutes) of the decision shall also include findings and conclusions. A
decision arrived at by the Hearing Examiner or Community Development
Director or other staff shall be reported in writing promptly to the
applicant, appellant, if any, and any other person requesting a copy of the
decision.
H. Records. The City Clerk shall keep a permanent record of all public
hearings held under the Community Development Code. Summary
minutes and a tape recording of the hearings shall be sufficient record.
The Community Development Department shall keep the permanent
record of all exhibits, staff reports and so forth, on each proposal.
Section 20. Chapter 20.95 of the Edmonds Community Development Code is
hereby amended as follows:
CHAPTER 20.95 APPLICATION AND STAFF REVIEW
20.95.000 SCOPE
This chapter establishes the staff review procedure for all permits or approvals
required by Title 20.
20.95.010 APPLICATION
A. Filing. All applications shall be filed with the Community Development
Director, unless a state statute specifies otherwise. The Community
Development Department shall provide a needed application form.
Application fees shall be as set in Chapter 15.00.
B. Required Information. The applicant shall provide the information from
the following as prescribed by the Community Development Director:
1. Applicant's name and address.
2. Owner's name, address, proof of ownership, and written consent if
the applicant is not the owner (owner's consent not required for
noncontract rezones).
1724ord.doc -34-
If a public hearing is required or optional, a list of the names and
mailing addresses, as shown on the records of the County
Assessor, of the owner of property and the street addresses of the
property which is within 300 feet of the boundaries of the project
site, or the distance set forth more specifically in the applicable
chapter, such as Section 20.18.020 (Group Homes).
A site plan, to scale, showing the proposed layout of structures
and other site development.
Architectural drawings, to scale, of all exterior elevations, and
signs, with exterior surfaces and colors specified.
A landscape plan, to scale, preferably combined with the site plan,
showing all existing and proposed vegetation including vegetation
to be removed, as well as fences, walls, walks and so forth.
The applicant shall clearly specify on the plans, or in a separate
written statement, how the proposed development meets the
requirements of this title.
Further information required by the portion of the Community
Development Code that governs the type of application.
Further information required by general rules adopted by the
Community Development Director, and information required by
the Community Development Director to properly review an
individual application.
10. Further information required by the staff, Hearing Examiner or
City Council.
11. A release of the city from all damages arising from any action or
inaction of the city based on false, misleading or incomplete
information furnished by the applicant, or other members of the
public.
12. The location by address and legal description of the site.
13. Permission for city staff to inspect the site.
C. Date of Filing. The Community Development Director shall review all
applications and accept for filing only those which include all the
information required by the City Code directly above. The date of filing
shall be the date the application is accepted for filing. When an
Environmental Impact Statement or a Proposed Negative Declaration is
required, the date of fling shall be the day on which the Final
1724ord.aoc -35-
Environmental Impact Statement or Final Negative Declaration is
available to the public.
D. Initiation. An owner, or authorized agent, may apply for property owned
by the owner. The city may begin a rezone, street map change,
comprehensive plan change, text change or permit change, by motion of
the City Council or Planning Advisory Board, and a street vacation by
resolution of the City Council. Any interested party may apply for a
rezone on any property.
20.95.020 REVIEW BY OTHER DEPARTMENTS
The Community Development Director shall promptly send copies of the
application to each department which has requested copies of the type of
application that has been filed, and to other departments which may have an
interest in the individual application.
20.95.030 STAFF ANALYSIS AND REPORT
A. Staff Hearing. If a public hearing is to be held on an application the
Community Development Director shall visit the site and prepare a staff
report, send a copy of the report to the applicant, and make the report
available to the public, at least one week before the hearing. The report
shall contain an analysis of the proposal, including a comparison of the
proposal to the criteria, standards and findings contained in the
Community Development Code for the type of application being
reviewed. The report shall also contain proposed general findings, finding
of fact and conclusions. If the report recommends approval, it shall also
contain recommended conditions of approval. The Community
Development Director shall summarize the comments of other
departments, incorporate them into the staff recommendation and attach
them to the report if the comments are lengthy or complex.
B. Hearing Examiner Hearing. If the Hearing Examiner will be holding the
hearing, one week before the hearing, the Community Development
Director shall provide a copy of the staff report to the Hearing Examiner,
along with other information in the application file.
C. No Hearing. If no hearing is to be held on the application, the staff may us
a summary form or checklist to review the application, wit written
conclusions as to whether the proposal meets the standards and criteria of
the Community Development Code. This document shall be available for
public review.
20.95.040 STAFF DECISION - NO HEARING
A. Scope. The following permits and approvals are reviewed under this
procedure:
1724ord.doc -36-
I . Check of building permits for zoning compliance.
2. Threshold determinations and approval of a draft Environmental
Impact Statement under Chapter 20.15.
3. Such other matters as may be specifically referred by City Code.
B. Procedure. The Community Development Director shall decide whether
to approve, conditionally approve, or deny the application, based on the
staff report. The decision shall be in writing, and shall be appealable to the
Hearing Examiner under Section 20.100.010.
20.95.050 STAFF DECISION - OPTIONAL HEARING
A. Scope. The following permits and approvals are reviewed under this
procedure:
1. Extensions of time for subdivisions, conditional use permits, and
planned residential developments.
2. Minor changes to a preliminary approval of a subdivision.
3. Lot line adjustments.
4. Home occupations.
5. Joint use of parking.
6. Guest houses.
7. Such other matters as specifically referred by the City Code.
8. Preliminary plats of short subdivisions.
9. Changes to recorded short subdivisions.
10. Conditional use permits for mini day care facility.
11. Such other matters as may be specifically referred by the City
Code.
B. Procedure. The Planning Director or designee, shall decide whether to
approve, conditionally approve, or deny the application based upon the
staff report.
1724ord.doc -37-
Notice. The Director shall give notice of the decision as specified
in Section 20.91.010. The notice shall contain at least the
following:
a. A general description of the proposal and decision.
b. A nonlegal description or map of the location of the
property including the street address, if there is one.
The place where further information is available.
d. The date on which the reconsideration or appeal period
ends which shall be no less than ten days from the date of
posting.
e. A statement that the preliminary decision will become
final unless a request for staff reconsideration is filed with
the Planning Department on or before the date specified
by the notice and that the Planning Director's decision
following such reconsideration will become final unless a
written appeal is filed with the Planning Department on or
before the date specified in the notice of such
reconsideration decision.
2. Reconsideration. If a written request for reconsideration or
clarification of the staff decision is filed with the Planning
Department within ten (10) working days of the posting of the
notice required by this section, the staff shall reconsider its
decision and either affirm, modify or reverse its initial decision.
Notice of the staff s decision upon reconsideration shall be posted
as is required for the original decision. If no request for
reconsideration is filed within the time period specified in the
notice of the staffs original decision, the decision of the Planning
Director shall become final. [Ord. 2923 §1, 1993].
Appeal of Staff Decision. If a written appeal is properly filed
within ten (10) working days of posting of notice of the staff s
reconsideration decision, the application shall be heard by the
Hearing Examiner for a final decision, appealable to the City
Council. If no protest is properly filed, the decision of the
Planning Director shall become final. [Ord. 2923 § 1, 1993].
Section 21. Chapter 20.100 of the Edmonds Community Development Code is
hereby amended as follows:
1724ord.doc -38-
CHAPTER 20.100 HEARING EXAMINER, PLANNING ADVISORY
BOARD AND CITY COUNCIL REVIEW
20.100.000 SCOPE
This chapter establishes review procedures for all permits and approvals required
by Title 20 which are not reserved for staff action under Chapter 20.95.
20.100.010 HEARING EXAMINER REVIEW
A. Scope - Recommendations. The Hearing Examiner shall review and
make recommendations to the City Council on the following approvals
under this section:
Official Street Map changes.
Upon authorization of the City Council, hold hearings regarding
the final assessment role of any local improvement district or
utility local improvement district in accordance with the
provisions of Chapter 35.44 Revised Code of Washington as the
same exists or is hereafter amended. The provisions of said
Chapter regarding notice shall control any conflicting provision of
these ordinances.
Planned Residential Developments
4. Such other matters as may be referred by the City Code.
B. Scope - Decisions. The Hearing Examiner shall review and make final
decisions, appealable to the City Council, on the following permits and
approvals under this section:
Conditional Use Permits except where this code provides for staff
approval and Group Homes.
2. Variances.
Shoreline Permits.
4. Appeals from staff decisions, such as denials or conditions of
public works permit (see Section 18.00.020), temporary parking
lots (see Section 17.50.090) and temporary buildings (see Section
17.70.010), etc.
5. Hearings on protests of staff decisions, such as denials or
conditions of public works permit (see Section 18.00.020)
temporary parking lots (see Section 17.50.090) and temporary
buildings (see Section 17.70.010), etc.
1724ord.doc -39-
6. Hearings on draft Environmental Impact Statements.
7. Preliminary plats for Formal Subdivisions.
Review of approved permit, see Section 20.100.040.
Such other matters as may be referred by the City Code.
C. Pre - Hearing. The Hearing Examiner shall review all information in the
project file kept by the Community Development Department, including
the application, staff report, environmental impact statements, and so
forth. The Hearing Examiner shall visit the project site.
D. Public Hearing. The Hearing Examiner shall hold a public hearing on
each project reviewed in the manner provided in Chapter 20.91. The
Community Development Department shall give notice as required by that
chapter.
E. Findings and Conclusions. Within 10 working days following the
conclusions of all testimony and hearings, unless the applicant agrees to an
extension of time, the hearing Examiner shall make findings and
conclusions, and take action based only on information reviewed under
parts C and D of this section, and a visit to the project site after the
hearing, if one was made. The findings and conclusions shall explain how
the decision or recommendation will carry out and implement the
Comprehensive Plan or Edmonds and other Community Development
Code. The Examiner shall send a copy of the findings and conclusions to
the applicant, the Community Development Department, to any person
who requests a copy, and the City Council. The findings and conclusions
shall contain any conditions placed on an approval or permits.
F. Criteria. The Hearing Examiner shall make findings, reach conclusions
and take action in accordance with the findings and criteria contained in
the ordinance governing the type of application being reviewed.
G. Reconsideration. The Hearing Examiner shall reconsider his decision or
recommendation on any matter before him if a written request is filed
within ten (10) working days of the date of the initial decision by any
person who attends the public hearing and signs the attendance register
and/or presents testimony or by any person holding an ownership interest
in a tract of land which is the subject of such decision or recommendation.
Any such reconsideration request shall cite specific references to the
findings and /or the criteria contained in the ordinances governing the type
of application being reviewed.
The Hearing Examiner shall promptly review the reconsideration request
and within five (5) working days issue a written response, either approving
] 924ord.doe -40-
or denying the request. If the reconsideration request is denied, the ten (10)
working day appeal deadline of the Hearing Examiner's decision shall
recommence for the remaining number of days. If, upon the review of the
request for reconsideration, the Hearing Examiner believes that an error or
omission is significant and may alter his or her decision or
recommendation, he or she may at his or her discretion:
Amend the decision to incorporate any omitted material and /or
fact or to correct the error; or
2. Elect to present a brief to the City Council outlining the error or
omission and its anticipated impact on his or her decision. [Ord.
2616 §1, 1987].
20.100.020 PLANNING ADVISORY BOARD REVIEW
A. Scope. The Planning Advisory Board shall review, and make
recommendations to the City Council, on the following permits and
approvals under this section:
Rezones (amendments to the Official Zoning Map).
Changes to the test of Title 16 and 17 (Zoning Ordinance).
Changes to the Comprehensive Plan text map (Title 15),
excluding fees.
Such other matters as may be referred by the City Code.
B. Procedure. The Planning Advisory Board shall follow the procedures of
the Hearing Examiner, Section 20.100.010, in making a recommendation
to the City Council except site visits are encouraged, but not mandatory.
20.100.030 CITY COUNCIL ACTION ON RECOMMENDATIONS
A. Normal Review. The City Council shall consider a recommendation of
the Hearing Examiner or Planning Advisory Board at its next available
public meeting. The Council may adopt or remand the recommendation at
that meeting, provided, however:
Street vacations require a hearing by Council as provided in
Chapter 20.70.
2. In the case of a local improvement district or a utility local
improvement district hearing held in accordance with the
provisions of Section 20.100.010(4) and RCW 35.44.070, review
the recommendations of the Hearing Examiner and any appeal
taken therefrom. Any person aggrieved by the recommendation of
i 724ord.doc -41-
the Hearing Examiner shall be entitled to a review of the record by
the City Council upon the filing of a written appeal from the
recommendations of the Hearing Examiner within ten (10)
working days of the date of mailing of the Hearing Examiner's
final recommendations after disposition of a motion for
reconsideration, if any such motion is filed. The Council shall
base its decision upon the record established before the Hearing
Examiner and may adopt, reject or modify the recommendations
of the Hearing Examiner in whole or in part, or may in its
discretion remand the matter to the Hearing Examiner for further
proceedings, PROVIDED, HOWEVER, that in the event of an
appeal, the Council shall hear argument of the appellant based on
said record. Adoption by ordinance of a final assessment roll shall
commence the appeal period established by RCW Chapter 35.44.
These provisions shall control over any conflicting provision and
shall be read in conjunction with the requirements of RCW
35.44.190 -270.
B. Optional Public Hearing. If the Council wishes to consider any change to
the recommendation, the Council shall set a public hearing in the manner
provided in Chapter 20.91. After the hearing the Council shall approve,
modify, conditionally approve, deny or remand the proposal. In the case of
amendment to the Zoning Ordinance (or Map) or Comprehensive Plan (or
Map) in the event of a remand the Council shall specify the time within
which the Planning Advisory Board shall report back its findings and
recommendations to the Council.
C. Findings and Conclusions. The council shall state its findings and
conclusions to support the decision, based on the required findings and
criteria in this code governing the type of application being reviewed, and
based on evidence presented at the Council hearing. The city Council
action shall be final and shall be put into writing by ordinance, resolution
and /or minutes, along with any conditions placed on an approval. [Ord.
2552, 1986; Ord. 2485, 1985.]
20.100.040 REVIEW OF APPROVED PERMITS
A. Scope. Any permit approved by the City under the Community
Development Code may be reviewed under this section if the conditions of
the permit are not being met, the requirements of the City code of
Edmonds are not being met, or the permitted activity is causing a nuisance
or hazardous condition. A permit includes any City approval under the
Community Development Code.
B. Initiation of Review. A review under this section may be initiated by:
The Community Development Director.
irzaora.aoc -42-
2. An approved motion of the City Council.
An application, accompanied by the application fee set in Chapter
15.00, of three persons living in separate dwellings located within
300 feet of the site of the allowed activity stating their belief as to
how the provisions of subsection A, directly above, have been
met.
C. Review Procedure.
The Community Development Director shall notify the permittee
in writing that the permit is being reviewed, list the alleged
deficiencies, and specify a reasonable time for the permittee to
correct the deficiencies.
If the permittee could reasonably correct the deficiencies, but fails
to do so within the specified time, the Community Development
Director may refer the matter to the City Attorney for criminal or
civil enforcement of the City Code, or the conditions of the
permit.
3. If the only reasonable ways to correct the deficiencies are for the
permittee to cease the permitted activity, or for the City to impose
new or changed conditions on the permit, the community
Development Director shall refer the matter to the Hearing
Examiner for review.
4.' The Hearing Examiner shall hold a public hearing under Chapter
20.91 to review the permit or approval, using criteria required for
the original permit, and subsection A of this section.
5. If the Hearing Examiner finds that deficiencies exist, and that they
can be reasonably corrected by imposing new or changed
conditions on the permit, the permit conditions may be changed.
The Hearing Examiner's actions shall be final, unless the original
approval required City Council approval. In that case, the Hearing
Examiner's action shall be a recommendation to the Council to be
considered by the Council under Section 20.100.030.
6. If the Hearing Examiner finds that the only reasonable way to
correct the deficiencies is for the permittee to cease the permitted
activity, the Hearing Examiner may revoke the permit. The
Hearing Examiner's action shall be appealable to the City Council
under Section 20.100.010.
7. If the permit is revoked, the permit shall be null and void, and all
activity allowed by the permit shall cease
1724ord.aoc -43-
Section 22. Chapter 20.105 of the Edmonds Community Development Code is
hereby amended as follows:
CHAPTER 20.105 APPEALS AND COURT REVIEW
20.105.000 SCOPE
This section provides the basic procedure for processing appeals. In the event a
portion of Title 20 which governs the decision being appealed sets different
specific requirements for periods of time, eligibility of persons to appeal, and so
forth, the more specific shall control.
20.105.005 CONSOLIDATION OF APPEALS
A. The City shall coordinate all appeals hearings on a single project so that a
single appeal hearing can be held.
B. For all open record appeal hearings, a final decision on the appeal shall be
issued within 90 days of the date the appeal is filed.
C. For all closed record appeal hearings, a final decision on the appeal shall
be issued within 60 days of the date the appeal is filed.
D. Parties to an appeal may agree to extend the time limits described in B and
C above.
20.105.010 APPEALABLE DECISIONS
A. Staff Decisions. Any person may appeal a decision of staff, on the
following matters, to the Hearing Examiner in the manner provided in this
chapter.
Short subdivisions and lot line adjustments.
2. Home occupations.
Interpretations of the text of the Community Development Code.
4. Environmental (SEPA) decisions in accordance with the
provisions of ECDC Chapter 20.15A as the same exists or is
hereafter amended. [Ord. 2867 § 1, 1992]
Permits or approvals required by Title 18 (Public Works).
1724ord.doc -44-
6. Appeals of required dedications of right -of -way and the
reconnection charge established under the provisions of ECC
7.10.065.
7. Sign Permits.
B. Hearing Examiner Decisions. Any person may appeal a final decision of
the Hearing Examiner to the City Council in the manner provided in this
section.
[Ord. 2676 §2, 1988; Ord. 2591 §1, 1986; Ord, 2374 §3, 1983; Ord. 2277 §4,
1982.]
20.105.020 APPEAL - FILING
A. Written Appeal. Appeals shall be written and shall state the
following:
The decision being appealed, the name of the project applicant
and the date of the decision.
2. The name and address of the person appealing, and his or her
interest in the matter.
3. The reasons why the person appealing believes the decision to be
wrong.
4. Persons to be notified under subsection B below, including correct
names and addresses.
B. Filing the Appeal. The person appealing shall file the appeal with the
Community Development Director within fourteen calendar days after the
date of the decision being appealed. If an appeal is properly filed within
the time limit, the appealed decision shall be suspended until the appeal
has been acted on, and no further development action which was the
subject of the decision may be taken. If no public hearing has been held
earlier, the person appealing shall also provide a list of property owners as
specified in 20.95.0 10 and whom must be notified by the Community
Development Department. [Ord. 2269 $1, 1982.]
20.105.030 APPEAL OF STAFF DECISION
A. Who May Appeal. Persons entitled to appeal are:
1. the applicant; or
2. anyone who has submitted a written document to the City of
Edmonds concerning the application prior to issuance of the staff
decision; or
1724ord.doc -45-
anyone within 300 feet of the property which is the subject of the
application, or who can demonstrate an interest in the action.
B. Department Action. The Community Development Department shall
promptly:
Send a copy of the appeal to the project applicant if the person
appealing is not the applicant.
Give notice of the hearing as specified in Chapter 20.91.
Send a copy of the notice of hearing to the person appealing.
4. Provide a copy of the staff report and decision, minutes of the
hearing held on the decision, a response to the appeal, and other
relevant documents, to the Hearing Examiner. The project
applicant, person appealing and other interested parties shall be
notified in writing that the materials are on file and may be
reviewed and /or copied at the expense of the person wishing the
copies.
C. Public Hearing. The Hearing Examiner shall hold a public hearing on the
appeal in the manner provided in Chapter 20.91. The Hearing Examiner
shall base the decision on the appeal on the same criteria and findings as
set forth in this code for the original decision. [Ord. 2584 § 1, 1986.]
20.105.040 APPEAL OF HEARING EXAMINER ACTION
A. Who May Appeal. Persons entitled to appeal are:
1. the applicant; or
2. anyone who has submitted a written document to the City of
Edmonds concerning the application prior to or at the hearing
identified in Section 20.100.010; or
anyone testifying on the application at the hearing identified in
Section 20.100.010.
B. Department Action. The Community Development Department shall
promptly:
Send a copy of the appeal to the Hearing Examiner and to the
applicant if the person appealing is not the applicant.
2. Send a copy of the appeal to the City Clerk, along with copies of
reports, hearing minutes and any other relevant material that the
1724ord.doc -46-
Hearing Examiner has not already sent to the Council as part of
his or her decision.
C. City Clerk Action. After receiving notice of an appeal of a Hearing
Examiner action, the City Clerk shall promptly:
Set the meeting on the appeal on a City Council agenda for a date
that is within 30 days of the date the appeal was filed.
2. Give notice of the meeting as specified for public hearings in
Section 20.91.
Send a notice of the hearing to the person appealing.
D. City Council Review.
The Council shall consider the appeal, including review of the
record, in a closed record appeal hearing for the limited purposes
identified in RWC 34.05.562(1) and in accordance with the
Council's rules of procedure. Except as provided in Section
20.105.040.E, no new evidence or testimony shall be given or
received. The parties to the appeal may submit timely written
statements or arguments. Review of the record means that the
Council shall consider material introduced at the Hearing
Examiner hearing, and their personal knowledge, not acquired
specifically for the particular hearing other than site visit if any.
2. The Council shall review the proposal using the same criteria and
findings set forth in this code for the original decision.
The Council shall state its findings and conclusions regarding the
appeal. The Council may take either of the following actions:
a. Affirm, modify or reverse the action of the Hearing
Examiner; or
b. Remand the matter back to the Hearing Examiner for
further consideration in accordance with Section
20.105.040.E.
The decision of the Council shall be final, shall be put into writing, and
shall include any conditions placed on an approval.
E. Remand. In the event the City Council determines that the public hearing
record or record on appeal is insufficient or otherwise flawed, the Council
may remand the matter back to the hearing body to correct the
deficiencies. The Council shall specify the items or issues to be considered
and the time frame for completing the additional work.
1 7zaord.aoc -47-
20.105.050 PROCEDURAL IRREGULARITY
No procedural irregularity or informality in the notice, consideration, hearing or
development of any matter contained or regulated in the Community Development
Code, or any of its elements, shall affect the final decision, or any other action
leading to the final decision, unless substantial rights of a person with
demonstrable beneficial interests are adversely affected.
20.105.060 PENALTIES
The Community Development Code (Titles 15, 16, 17, 18, 19, 20, and 21) is an
integral part of the Edmonds City Code, but for convenience of users, copies are
separately published for sale and distribution to the public. Any and all violations
of any portion of the Community Development Code shall be subject to fine and /or
imprisonment as set forth in Chapter 5.50 of the Edmonds City Code. Where civil
remedies, such as assessment of costs and liens, are prescribed by the Community
Development Code they are not in lieu of criminal penalties, or alternative to
criminal penalties, but are sanctions that may be imposed in addition to criminal
penalties. ford. 2705, 1989]
20.105.070 COURT REVIEW
Any final decision or other final action for which no other direct appeal is
specifically provided in the Edmonds City Code and for which all other appeals
specifically authorized have been timely exhausted shall be reviewable as provided
by state law before the Superior Court of Snohomish County. Any such action
shall be filed within twenty one (21) calendar days from any final decision or other
final action so to be reviewed. The cost of transcription of all records ordered
certified by the court for such review shall be borne by the appellant.
Section 23. A public hearing shall be held on May 21, 1996 regarding this
ordinance said date being no later than 60 days after the date of adoption.
Section 24. 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.
1724ora.aoo -48-
Section 25. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum and shall take effect five
(5) days after passage and publication of an approved summary thereof consisting of the title.
APPROVED:
M Wo t
MAYOR, BARBARA
ATTEST /AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILED WITH THE CITY CLERK: 03/22/96
PASSED BY THE CITY COUNCIL: 03/25/96
PUBLISHED: 03/29/96
EFFECTIVE DATE: 04/03/96
ORDINANCE NO. 3078
1724ora.aoc -49-
SUMMARY OF ORDINANCE NO. 3078
of the City of Edmonds, Washington
On the 25thday of March , 199 6 , the City Council of the City of Edmonds, passed
Ordinance No. 3078 A summary of the content of said ordinance, consisting of the
title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 19.00 AND TITLE 20
OF THE EDMONDS COMMUNITY DEVELOPMENT CODE
FOR SIX MONTHS AS AN INTERIM ORDINANCE
PURSUANT TO RCW 35A.63.220, RELATING TO LAND USE
AND ZONING, ADOPTING NEW ADMINISTRATIVE
PROCEDURES FOR THE PROCESSING OF PROJECT PERMIT
APPLICATIONS, AS REQUIRED BY THE REGULATORY
REFORM ACT, CHAPTER 36.70B RCW; DESCRIBING
GENERAL REQUIREMENTS FOR A COMPLETE
APPLICATION; ALLOWING FOR OPTIONAL
CONSOLIDATED PERMIT PROCESSING; SETTING A TIME
FRAME FOR THE ISSUANCE OF PROJECT PERMITS;
DESCRIBING THE REQUIRED PUBLIC NOTICE
PROCEDURES FOR A PUBLIC HEARING; ESTABLISHING A
PROCESS OF OPEN RECORD HEARINGS, CLOSED RECORD
DECISIONS AND APPEALS; AMENDING JUDICIAL APPEAL
PROCEDURES; DESCRIBING THE PROCESS FOR ISSUANCE
OF A NOTICE OF DECISION; REQUIRING A PUBLIC
HEARING ON THIS ORDINANCE WITHIN SIXTY DAYS
FROM ADOPTION; AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 26th day of March , 199 6
CITY CLERK, SANDRA S. CHASE
RECEIVED
APR - 1 1%6
Affidavit of Publication EDMONDS CITY CLERK
STATE OF WASHINGTON, ss
COUNTY OF SNOHOIVLISH,
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
SUMMARY OF
ORDINANCE NO. 3076 printed and published in the City of Everett, County of Snohomish,
of the City of
Edmonds, Washington and State of Washington; that said newspaper is a newspaper of
On the 25th day of March,
1996, the City Council of the
City of Edmonds, passed general circulation in said County and State; that said newspaper
Ordinance No. 30. A summary
�nanc0 content of the �tle, has been approved as a legal newspaper by order of the Superior
provides as follows:
CI ORDINANCE OF THE Court of Snohomish Count and that the notice OF ORDINANCE S WASH- y •----
INGTON AMENDING CHAP-
;TER 19.0 AND TITLE 20 OF
(DEVELOPMENT CODEUFOR Summary of Ordinance No. 3078
i' SIX MONTHS AS AN INTERIM ........................................................................ ...............................
�ORDINA(JCE PURSUANT TO -
RCW 35A.63.220. RELATING
TO LAND USE AND ZONING,
I ADOPTING NEW ADMINIS-
' TRATIVE PROCEDURES FOR ...........I ............. — ......----..............---.............................................----°-----°---....-----
sTHP PROCFRRI N r9 OR PRO-
request.
DATED 'his 26th day of
March, 7996.
pit SANDRA S. CHASE
y Cle
Publisfied: Mrk arch 29, 1998.
8 -2 -t
.. ................................................................................................. ....................... ............
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:
March 29, 1996
..................................................... ........................ • - - - - -• ------------...... ...........--- .....------ - - - - --
...................................................................... .......................... an t at aid newspaper was regula \ism uted to its subscribers
du ' all of said period.
....... :F.�..� ........ .... .... .....----..:.............
Principal Clerk
Subscribed and sworn to before me this......... 9th
dayo ........ .....March.....----.. ...........--- •------ ........., 19.96...
...............6otary ........ ..----Ahty. .........................
Public in and for the Washington,
residing at Everett, Snohom
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