Ordinance 30920006.150147
PAO /ldh
05/09/96
ORDINANCE NO. 3092
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING LEGISLATIVE FINDINGS AS
REQUIRED BY RCW 35A.63.220 IN ORDER TO JUSTIFY
THE ADOPTION OF EDMONDS ORDINANCE NO. 3078, AN
INTERIM ORDINANCE ESTABLISHING NEW
ADMINISTRATIVE PROCEDURES FOR THE PROCESSING
OF PROJECT PERMIT APPLICATIONS AS REQUIRED BY
THE REGULATORY REFORM ACT, INCLUDING NOTICE
AND TIME LINE REQUIREMENTS, CONSOLIDATED
PERMIT PROCESSING AND AMENDED JUDICIAL APPEAL
PROCEDURES; ADOPTING AMENDMENTS TO EDMONDS
ORDINANCE NO. 3078 IN ORDER TO PROVIDE THAT
BUILDING PERMIT APPLICATIONS FOR PROJECTS
PROPOSED IN EARTH SUBSIDENCE AND LANDSLIDE
HAZARD AREAS AND BUILDING PERMIT APPLICATIONS
FILED IN CONJUNCTION WITH AN APPLICATION FOR
DESIGN REVIEW ARE EXEMPT FROM THE 120 -DAY
REVIEW PERIOD MANDATED BY SECTION 19.00.127 OF
THE EDMONDS COMMUNITY DEVELOPMENT CODE;
CLARIFYING THAT ALL PERMITS FILED ON OR AFTER
APRIL 1, 1996 ARE SUBJECT TO THE ADMINISTRATIVE
PROCEDURES OF EDMONDS ORDINANCE NO. 3078;
AMENDING THE PUBLICATION REQUIREMENTS FOR A
NOTICE OF APPLICATION SUCH THAT THE ELEMENTS
OF A NOTICE OF APPLICATION DO NOT HAVE TO BE
PUBLISHED IN A NEWSPAPER; ADDING REQUIREMENTS
FOR A NOTICE OF DECISION; PARTIALLY OR
COMPLETELY EXEMPTING ALL PROJECT PERMIT
APPLICATIONS REQUIRED BY THE PUBLIC WORKS AND
BUILDING CODE TITLES OF THE EDMONDS COMMUNITY
DEVELOPMENT CODE FROM THE NEW ADMINISTRATIVE
REQUIREMENTS OF EDMONDS ORDINANCE NO. 3078;
AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, on March 25, 1996, the Edmonds City Council adopted Edmonds
Ordinance No. 3078, which established new administrative procedures for the processing of
131975.10/0006/150147 -1-
land -use permits as required by the Washington State Regulatory Reform Act, RCW 36.70B;
and
WHEREAS, Edmonds Ordinance No. 3078 was adopted as an interim ordinance
pursuant to the provisions of RCW 35A.63.220, and
WHEREAS, RCW 35A.63.220 requires that a public hearing shall be held on the
adoption of an interim ordinance within 60 days of the date of adoption and that legislative
findings shall be adopted no later than immediately after the public hearing in support of the
adoption of the interim ordinance, and
20, 1996, and
WHEREAS, a public hearing on Edmonds Ordinance No. 3078 was held on May
WHEREAS, City staff testified at the public hearing on May 20, 1996 that some
revisions to the ordinance were necessary in order to render the new administrative processes
as established by Edmonds Ordinance No. 3078 compatible with the resources of the Edmonds
Community Services Department, and
WHEREAS, Edmonds Ordinance No. 3078 does not expressly state that it only
applies to permits filed on or after April 1, 1996 and it is not entirely clear under the
Washington State Regulatory Reform Act, chapter RCW 36.70B, as to when an ordinance
adopted pursuant to the Regulatory Reform Act applies to land -use permit applications, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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Section 1. The City Council of the City of Edmonds hereby adopts the following
findings in support of the adoption of Edmonds Ordinance No. 3078:
1. Chapter RCW 36.70B, the Washington State Regulatory
Reform Act, requires that cities adopt administrative
procedures designed to streamline the processing of land -
use permit applications and make such processing more
understandable to land -use applicants and the general
public.
2. Requirements of the Regulatory Reform Act have a
pervasive impact upon all aspects of current land -use
permit processing procedures in the City of Edmonds and
these changes cannot all be anticipated prior to adoption of
the amendments required by the Regulatory Reform Act.
3. The adoption of the amendments required by the
Regulatory Reform Act by an interim ordinance will serve
to facilitate the implementation of newly - adopted regulatory
procedures as interim measures that are to be tested and
revised as their impacts upon existing administrative
functions can be evaluated.
4. The City 'did not have sufficient time to prepare a final
ordinance implementing Regulatory Reform Act
requirements by the April 1, 1996 deadline of the
Regulatory Reform Act.
5. The adoption of Edmonds Ordinance No. 3078 as an
interim ordinance is in the best interests of the public
health, safety and welfare of the City of Edmonds.
6. Building permit applications subject to earth subsidence and
landslide hazard regulation as delineated in ECDC Chapter
19.05 cannot be processed within the 120 -day processing
timeline mandated by the Regulatory Reform Act because
the processing of building permits under ECDC Chapter
19.05 requires the employment of consultants that cannot
finish the analysis within the requisite time periods.
7. The necessity of hiring outside consultants by the City of
Edmonds to evaluate building permit applications subject to
ECDC Chapter 19.05 constitutes "special circumstances"
131975.10/0006/150147 -3-
under RCW 36.70B.140(1) in order to exempt building
permit applications subject to ECDC Chapter 19.05 from
the requirements of the Regulatory Reform Act.
8. Building permit applications submitted as part of an
augmented application for architectural design review as
identified in ECDC Chapter 19.00.120 cannot be processed
within the 120 -day processing timeline mandated by the
Regulatory Reform Act because design review must
precede and has substantial impact upon final building
application specifications.
9. The necessity for design review to precede building permit
application review in an augmented application for
architectural design review constitutes "special
circumstances" under RCW 36.70B.140(1) in order to
exempt augmented applications for design review from the
requirements of the Regulatory Reform Act.
10. As provided in RCW 36.70B.140, building permit
applications subject to environmental review under chapter
43.21C cannot be automatically exempt from the
requirements of the Regulatory Reform Act unless special
circumstances warrant an exemption. Building permits
subject to environmental review under chapter 43.21C are
usually associated with large projects that often necessitate
other discretionary permits that must be processed before
review of the building permit application. This two phased
review is not compatible with the timelines and
consolidation requirements of the Regulatory Reform Act
and as such, constitutes special circumstances that warrants
the exemption of these building permits from the
Regulatory Reform Act.
Section 2. Edmonds Ordinance No. 3078 and this ordinance shall apply to project
permit applications filed on or after April 1, 1996.
Section 3. Section 19.00.115 of the Edmonds Community Development Code is
hereby repealed.
131975.1010006/150147 -4-
Section 4. Section 19.00.120(D) of the Edmonds Community Development Code
is hereby repealed.
Section 5. Section 19.00.127 of the Edmonds Community Development Code is
hereby repealed.
Section 6. Section 20.90.000 is hereby amended to provide as follows:
20.90.000 Scow.
This chapter sets forth the processes for reviewing
development applications and the minimum standards which apply
whenever a development approval is required by Title 20 or a
project permit application, as defined by RCW 36.70B.020(4) as
now or hereafter amended, is required by Titles 18 and 19 of the
Edmonds Community Development Code. The individual portions
of the Edmonds Community Development Code may set additional
requirements, such as different periods of time, additional methods
of giving notice, and so forth.
Section 6. A new Section 20.90.005 is hereby added to the Edmonds Community
Development Code to provide as follows:
20.90.005 Exemption.
A. Partial exemptions.
The following permits shall be exempt from the project
consolidation requirements of ECDC Section 20.90.010(B), the
notice of application requirements of ECDC Section 20.91.010(A)
and (C), and the notice of decision requirements of ECDC Section
20.90.010(E):
1. Any and all project permits, as defined by RCW
36.70B.020(4), as now or hereafter amended, required by any
provision of Title 18 and Title 19 of the Edmonds Community
Development Code.
2. Lot line adjustments as identified in ECDC Section
20.75.050.
131975.10/0006/150147 -5-
3. Building permits as identified in ECDC Chapter
19.00 that are categorically exempt from environmental review
under chapter 43.21C RCW.
4. Staff decisions authorized by ECDC Chapters 20.10
and 20.12.
B. Complete Exemption.
In addition to the exemptions listed under Section
20.90.005(A) above, the following permits shall also be exempt
from the letter of completeness required by ECDC 2O.9O.01O(D)
and the final decision requirements of ECDC Section
2O.90.010(E):
1. Building permits subject to earth subsidence and
landslide review as identified in ECDC Chapter 19.05.
2. Building permits submitted as part of an augmented
application for architectural design review as identified in ECDC
Chapter 19.00.120.
3. Building permits subject to environmental review
under chapter 43.21C RCW.
Section 7. ECDC Section 20.9O.O10(B) is hereby amended to provide as follows:
B. Project Consolidation.
1. 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.
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
131975.10/0006/150147 -6-
follows:
public hearing and shall have sole authority to render a final
decision.
Section 8. Section 20.90.010(E)(2) and (3) is hereby amended to provide as
E. Final Decision.
2. 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.
3. A notice of decision shall be issued upon the
rendering of a final decision on a project permit application. The
notice shall also include a statement of any threshold determination
made under chapter 43.21C RCW and the procedures for
administrative appeal, if any. The notice of decision may be a
copy of the report or decision on the project permit application.
The notice shall be provided to the applicant and to any person
who, prior to the rendering of the decision, requested notice of the
decision or submitted substantive comments on the application.
Section 9. Section 20.91.010(C)(3)(c) is hereby amended to provide as follows:
C. Notice of Procedures.
3. Except as specifically stated in Section
20.91.010(C)(4) below, public notice shall be provided as follows:
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.
Information required by ECDC Section
20.91.010(A) may be excluded from
published notice.
131975.10/0006/150147 -7-
Section 10. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 11. 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:
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: 05/17/96
PASSED BY THE CITY COUNCIL: 05/20/96
PUBLISHED: 05/26/96
EFFECTIVE DATE: 05/31/96
ORDINANCE NO. 3092
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SUMMARY OF ORDINANCE NO. 3092
of the City of Edmonds, Washington
On the 20th day of May, 1996, the City Council of the City of Edmonds, passed
Ordinance No. 3092. A summary of the content of said ordinance, consisting of the
title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING
LEGISLATIVE FINDINGS AS REQUIRED BY RCW 35A.63.220 IN ORDER TO
JUSTIFY THE ADOPTION OF EDMONDS ORDINANCE NO. 3078, AN INTERIM
ORDINANCE ESTABLISHING NEW ADMINISTRATIVE PROCEDURES FOR THE
PROCESSING OF PROJECT PERMIT APPLICATIONS AS REQUIRED BY THE
REGULATORY REFORM ACT, INCLUDING NOTICE AND TIME LINE
REQUIREMENTS, CONSOLIDATED PERMIT PROCESSING AND AMENDED
JUDICIAL APPEAL PROCEDURES; ADOPTING AMENDMENTS TO EDMONDS
ORDINANCE NO. 3078 IN ORDER TO PROVIDE THAT BUILDING PERMIT
APPLICATIONS FOR PROJECTS PROPOSED IN EARTH SUBSIDENCE AND
LANDSLIDE HAZARD AREAS AND BUILDING PERMIT APPLICATIONS FILED IN
CONJUNCTION WITH AN APPLICATION FOR DESIGN REVIEW ARE EXEMPT
FROM THE 120 -DAY REVIEW PERIOD MANDATED BY SECTION 19.00.127 OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE; CLARIFYING THAT ALL PERMITS
FILED ON OR AFTER APRIL 1, 1996 ARE SUBJECT TO THE ADMINISTRATIVE
PROCEDURES OF EDMONDS ORDINANCE NO. 3078; AMENDING THE
PUBLICATION REQUIREMENTS FOR A NOTICE OF APPLICATION SUCH THAT
THE ELEMENTS OF A NOTICE OF APPLICATION DO NOT HAVE TO BE
PUBLISHED IN A NEWSPAPER; ADDING REQUIREMENTS FOR A NOTICE OF
DECISION; PARTIALLY OR COMPLETELY EXEMPTING ALL PROJECT PERMIT
APPLICATIONS REQUIRED BY THE PUBLIC WORKS AND BUILDING CODE
TITLES OF THE EDMONDS COMMUNITY DEVELOPMENT CODE FROM THE NEW
ADMINISTRATIVE REQUIREMENTS OF EDMONDS ORDINANCE NO. 3078; AND
FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 21 st day of May, 1996.
CLERK, TY . DR. S. CHASE
35A.63.215 OPTIONAL MUNICIPAL CODE
OPTIONi
which prohibits the use of a residential dwelling, located in an area zoned for
residentia
residential or commercial use, as a family day -care provider's home facility.
similar re
A city may require that the facility: (1) Comply with all building, fire,
als. As i
housing a
safety, health code, and business licensing requirements; (2) conform .to lot
size, building size, setbacks, and lot coverage standards applicable to the
Enacted b;
zoning district exeept if the structure is a legal nonconforming structure;. (3) is
certified by the office of child care policy licensor as providing a .safe
35A.63.2.
passenger loading area; (4) include signage, if any, that conforms to Applicable
A perry
regulations; and (5) limit hours of operations to facilitate neighborhood
defined i
compatibility, while also providing appropriate opportunity for persons who
89.08.450
use family day -care and who work a nonstandard work shift.
A city may also require that the family day -care provider, before state
Enacted b
licensing, require proof of written notification by the provider that the
immediately adjoining property owners have been informed, of the intent to
locate and maintain such a facility.. If a dispute arises between neighbors and
the family day -care provider over licensing requirements, the licensor may
provide a forum to resolve the dispute.
Nothing in this section shall be construed to prohibit a city from imposing
Section
35A.69.01(
zoning conditions on the establishment and maintenance of a family day -care
provider's home in an area zoned for residential or commercial use, so long as
such conditions are no more restrictive than conditions imposed on other
residential dwellings in the same zone and the establishment of such facilities
35A.69.1
is not precluded. As used in this section, "family day -care provider" is as
defined in RCW 74.15.020.
Every
Enacted by Laws 1994, ch. 273, § 16. Amended by Laws 1995, ch. 49, § 2.
enforce
for any
35A.63.220. Moratorta, interim zoning controls — Public hearing—
foods, m
Limitation on length
water p
food fisl
A legislative body that adopts a moratorium or interim zoning. ordinance,
Amendei
without holding a public hearing on the proposed moratorium or interim
zoning ordinance, shall hold a public hearing on the adopted moratorium or
interim zoning ordinance within at least sixty days of its adoption, whether or
not the.legislative body received a recommendation on the matter from the
planning agency. If the legislative body does not adopt findings of fact
justifying its action before this hearing, then the legislative body shall do so
immediately after this public hearing. A moratorium or interim zoning
Section
ordinance adopted under this section may be effective for not longer than six
35A.80.0
months, but may be effective for up to one year if a work plan is developed for
related . studies providing for such a longer period. A moratorium of interim
zoning ordinance may be renewed for one or more six -month periods if a
subsequent public tearing is held and findings of fact are made prior to each
renewal.
35A.80
Enacted by Laws 1992, ch. 207, § 3.
35A.63.230. Accessory apartments
(1)
Any local government, as defined in 'RCW 43.63A.215, that is planning under
to pro'v
this chapter shall comply with RCW 43.63A.215(3).
tree pl
Enacted by Laws 1993, ch. 478, § 9.
(2) (
35A.63.240. Treatment of residential structures occupied by per-
to regl
sons with handicaps
forestr
No city may enact or maintain an ordinance, development regulation, zoning
statem
regulation or official control, policy, or administrative practice which treats a
Enacte-
72
Filed with City Clerk:
Adopted by Reference
Ordinance # -3ogZ on .S a0 -96
City Clerk
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
B-2-1
ss.
RECEIVED
JUN 0 6 1996
Affidavit of Publication EDMONDS CITY CLERK
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
Summary of Ordinance. No. 3092
.................................................. ....................................................................................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
May 26, 1996
---• ...........................................•----................................---------------------- .......--------- ............
. . . .. .... ........ ............................................................................... ............. .................. and tha sad newspaper was regular distributed ` to its subscribers
duri of said period. \\
il-II-11�"117N;��*,*""",-*,*,,*.,**I ------- -
Principal Clerk
Subscribed and sworn to before me this......... 8th
da)residing .................May ......................, 19.96...
............... . . .. . . . .. •• -- - - -• -- --- ...... - - -- .......... .................
try Public in and for the ate bf Washington,
at Everett, Snoho ' h C nty.
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