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Ordinance 31120006.150.147 PAO /nkr 03/19/96 R: 08/21 /96gjz /ldh/nkr R:08/28/96gjz R:09 /11 /96gjz R:09 /12 /96pao R:09/19/96 ORDINANCE NO. 3112 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING TITLE 20 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE AS REQUIRED BY THE WASHINGTON STATE REGULATORY REFORM ACT, CHAPTER 36.70B RCW, IN ORDER TO IMPOSE GENERAL REQUIREMENTS FOR A COMPLETE APPLICATION; TO ALLOW FOR OPTIONAL CONSOLIDATED PERMIT PROCESSING; TO SET AN EXPEDITED TIME FRAME FOR THE ISSUANCE OF LAND USE PERMITS; TO LIMIT LAND USE PUBLIC HEARINGS AND APPEALS; TO EXPAND PUBLIC NOTICE REQUIREMENTS FOR THE PROCESSING OF LAND USE APPLICATIONS; TO AMEND JUDICIAL APPEAL PROCEDURES TO CONFORM WITH THE EXPEDITED APPEAL REQUIREMENTS OF CHAPTER RCW 36.70C; AND ALSO AMENDING PUBLIC HEARING PROCEDURES TO CONFORM WITH THE REQUIREMENTS OF THE APPEARANCE OF FAIRNESS DOCTRINE, CHAPTER 42.36 RCW; 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 142427.10 -1- of significance; and (4) provides for the issuance of the City's final decision within 120 days after submission of a complete application; and WHEREAS, the City of Edmonds has adopted Edmonds Ordinance No. 3078, a six month interim ordinance that complied with the requirements of the Regulatory Reform Act; and WHEREAS, during this six month period the City of Edmonds Planning Board has reviewed and modified the interim ordinance with the input of City staff; and WHEREAS, the Edmonds Planning Board recommends that the Edmonds City Council adopt the following provisions; and WHEREAS, all staff decisions permitted by the Edmonds Community Development Code (ECDC) and Edmonds City Code (ECC) are exempt from most Regulatory Reform requirements as identified in ECDC 20.90.005(8)(4) because staff decisions can be rendered in a brief period of time and the requirements of Regulatory Reform will only serve to lengthen the staff decision making process; and WHEREAS, street vacations are also exempt from most of the Regulatory Reform requirements as identified in ECDC 20.90.005(B)(5) because state law requires the City Council to hold public hearings on street vacations and this state law requirement is not compatible with the project consolidation provisions incorporated in this ordinance; and WHEREAS, the legislative findings in Edmonds Ordinance No. 3092 provide justification for the other exemptions identified in ECDC 20.90.005(B); and WHEREAS, amendments to public hearing procedures are necessary in order to insure ensure fair hearings since Regulatory Reform has required the City Council to delegate its review authority to unelected decision making bodies, NOW, THEREFORE, 142427.10 -2- THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECDC 20.10.020 is hereby amended as follows: 20.10.020 APPROVAL REQUIRED A. Development. No person shall start any development, or substantially change any development, until the Architectural Design Board (ADB) or the Hearing Examiner has approved the proposed development or change, except where this Code expressly delegates such approval to the staff. Unless staff determines that the project creates a significant change in the design characteristics of the development, the following development projects are exempt from ADB and Hearing Examiner review and subject to approval of staff using the criteria of this chapter: 1. 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, a reconfiguration of the lot or the creation of five or more new parking spaces. 3. Fences that do not require a separate development permit. B. Permits. No city permit or approval shall be issued for any development until the ADB or the Hearing Examiner has approved the proposed development, except where this Code expressly delegates such approval to the staff. Section 2. ECDC 20.10.050 is hereby amended as follows: 20.10.050 REVIEW PROCEDURE A. Review. The staff shall review the application as provided in Section 20.95.030, and the Director of Community Services shall schedule the item for a meeting of the ADB. 142427.10 -3- The role of the ADB shall be dependant upon the nature of the application as follows: 1. The ADB shall conduct a public hearing for the following types of applications: a. Applications that are not subject to project consolidation as required by ECDC 20.90.010(B)(2). b. Applications that are subject to project consolidation as required by ECDC 20.90.010(B)(2) but in which the ADB serves as the sole decision making authority. C. Applications that are subject to project consolidation as required by ECDC 20.90.010(B)(2) but in which all decision making authority is exercised both by staff pursuant to . Chapters 20.10 and , 20.12 ECDC and by the ADB. The ADB shall act in the place of the staff for these types of applications. 2. The ADB shall review a proposed development at a public meeting and make a recommendation to the Hearing Examiner to approve, conditionally approve, or deny the proposal for projects subject to project consolidation as required by ECDC 20.90.010(B)(2) that are not subject to a public hearing by the ADB as required by ECDC 20.10.050(1). The Hearing Examiner shall subsequently hold a public hearing on the proposal. 3. The ADB under ECDC 20.10.050(1) and the Hearing Examiner under ECDC 20.10.050(2) shall approve, conditionally approve, or deny the proposal. The ADB or Hearing Examiner may continue its public hearing on the proposal to allow changes to the proposal, or to obtain information needed to properly review the proposal. See ECC 3.13.090 regarding exemptions from review required by this chapter. 4. Notwithstanding the requirements of this section to the contrary, the action of the ADB under ECDC 142427.10 -4- 20.10.050(1) and the Hearing Examiner under ECDC 20.10.050(2) on a development in which the City serves as the applicant shall be a recommendation to the City Council. 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 ECDC. C. Bond. The ADB may require that a bond be posted under Chapter 17.10 to ensure the satisfactory installation of site improvements. Section 3. ECDC 20.10.080 is hereby amended as follows: 20.10.080 APPEALS A. All design..review decisions of .the Hearing Examiner are appealable to the City Council as provided in Section 20.105.040(B) - (E). B. All design review decisions of the ADB are appealable to the City Council as provided in ECDC 20.105.040(B) - (E) except that all references to the Hearing Examiner in ECDC 20.105.040(B) - (E) shall be construed as references to the ADB. C. 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 20.10.050; or (3) anyone testifying on the application at the hearing identified in Section 20.10.050. Section 4. ECDC 20.10.090 is hereby amended as follows: 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, ADB or Hearing 142427.10 -5- Examiner 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 ADB's or Hearing Examiner's minutes or other method of conveying the final written decision of the ADB or Hearing Examiner 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 Manager may require, which demonstrates that he /she is making substantial progress relative to the conditions ,adopted by the ADB or Hearing Examiner and that circumstances are beyond his /her control preventing timely compliance. In the event of an appeal, the one (1) year extension shall commence from the date a final decision is entered in favor of such extension. 2. 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. 3. 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 - Notice Required). Section 5. The title to Chapter 20.12 ECDC is hereby amended as follows: 142427.10 -6- LANDSCAPING REQ"REMENTS Section 6. ECDC 20.12.000 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 (ADB) and the Hearing Examiner, in reviewing projects, as set forth in Chapter 20.10.010 ECDC. The ADB and Hearing Examiner 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 ECDC. Section 7. ECDC 20.15A.240(B) -(E) is hereby amended as follows: B. All appeals filed pursuant to this section must be filed in writing with the Director of Community Services within 14 calendar days of the date of the decision appealed from. C. On receipt of a timely written notice of appeal, the Director of Community Services shall advise the Hearing Examiner of the pendency of the appeal and request that a date for considering the appeal be established. The decision of the hearing examiner shall be final and shall not be appealable to the City Council. D. Appeals shall be governed by the procedures specified in Chapter 20.105 ECDC. E. All relevant evidence shall be received during the hearing of the appeal. The procedural determination by the City's responsible official shall carry substantial weight in any appeal proceeding. Section 8. ECDC 20.15B.170(C) is hereby amended as follows: C. Appeals. Any decision to require a Critical Areas study pursuant to this Chapter may be appealed to the Hearing Examiner pursuant to Chapter ECDC 20.105. Any decision to approve, condition or deny a development proposal based on the requirements of this title may be appealed in accordance with the appeal procedures and standards applicable to the subject development permit or approval. 142427.10 -7- Section 9. ECDC 20.18.020 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 Director of Community Services to completely disclose the impacts of the proposed facilities. The Director of Community Services 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 Director of Community Services (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 changed to 600 feet. The meeting shall be held at least 10 days after the issuance of the statement required above but no more than 10 days before the conditional use permit hearing. Section 10. ECDC 20.19.010 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 142427.10 -8- accordance with procedures of section 20.95.050 (Staff Decision - Notice Required) 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 findings 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 Director of Community Services or 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 Section 20.19.020 are met and that the facility is in harmony with the surrounding neighborhood. Section 11. ECDC 20.35.020(B) is hereby amended as follows: B. Pre- Application Meeting. If the project contains unusual or severe environmental problems or unusual compatibility problems with adjoining properties, the Director of Community Services . or _ the applicant may require that a public pre- application meeting be held on the proposal. 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 12. ECDC 20.35.120(A) is hereby amended as follows: 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 Services Department, or on its own motion, set a public hearing, under Chapter 20.91 ECDC, upon the question of the revocation of the approval and any permits 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. 142427.10 -9- Section 13. ECDC 20.35.120(C) is hereby amended as follows: C. Extension of Approval. 1. First extension: The Director of Community Services, pursuant to the procedures of Section 20.95.050 (Staff Decision - Notice Required) 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. 2. 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 Director of Community Services, 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 ECDC in effect at the time of the extension request without significant changes in the design originally approved. Section 14. ECDC 20.40.030 is hereby amended as follows: 20.40.030 NOTICE Notice of rezone hearings (and text change) before the Planning 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. 142427.10 -10- Section 15. ECDC 20.55.020 is hereby amended as follows: 20.55.020 NOTICE A. Publication. In addition to the requirements of Chapter 20.91 ECDC, 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 ECDC, 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 16. ECDC 20.60.020(A) is hereby amended as follows: A. Staff Approval. The Planning Manager, 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. 1. The Planning Manager 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 C. The proposed sign will be a wall graphic as defined by this chapter. 2. The Planning Manager or designee shall refer certain applications to the Architectural Design Board where the proposed sign contains one of the following characteristics: 142427.10 -11- 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. 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. 3. 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 Manager, or designee, using the criteria set forth in Chapter, 20.10 and the provisions of this chapter and subject to appeal to the Hearing Examiner pursuant to the procedure established in Section 20.105 for appeal of staff decisions. 142427.10 -12- Section 17. ECDC 20.75.065(B) is hereby amended as follows: B. Notice of Hearing. 1. When the Director of Community Services has accepted a subdivision for filing, he shall set a date of hearing, and give notice of the hearing as provided in ECDC 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 ECC and posting notice in three conspicuous places within 300 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. C. 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. e. The notice must include a legal description and either a vicinity location sketch or a location description in nonlegal language. Section 18. ECDC 20.75.065(E) is hereby amended as follows: E. Short Subdivisions - Staff Review. The Director of Community Services shall review a short subdivision as provided in Section 20.95.050 (Staff Decision - Notice Required) . 142427.10 -13- Section 19. ECDC 20.75.065(F) is hereby amended as follows: F. Lot Line Adjustment - Staff Review. The Director of Community Services shall review a lot line adjustment as provided in Section 20.95.050 (Staff Decision - Notice Required) . Section 20. ECDC 20.80.020(B) is hereby amended as follows: B. Notice. See ECDC 20.91.010. Section 21. Chapter 20.90 ECDC is hereby amended as follows: CHAPTER 20.90 APPLICATION PROCESS 20.90.000 SCOPE This chapter sets forth the processes for reviewing project permit applications required by ECDC Titles 15 through 20. Individual portions of the ECDC may set additional processing requirements. The requirements of this chapter shall supersede any conflicting requirements of the ECDC to the extent permitted by state law. 20.90.005 EXEMPTIONS. A. Partial Exemptions. The following project permit applications shall be exempt from ECDC 20.90.010(B) (project consolidation), ECDC 20.90.010(E) (notice of application), and ECDC 20.90.010(F)(3) (notice of decision) : 1. Any and all project permit applications required by any provision of ECDC Title 18 or 19 not otherwise exempted by this section. 2. Lot line adjustments as identified in ECDC 20.75.050. 3. Building permit applications as identified in Chapter 19.00 ECDC that are categorically exempt from environmental review under chapter 43.21C RCW, or for which environmental review has been completed in connection with other project permit applications. 142427.10 -14- 4. Architectural Design Board approvals that are categorically exempt from environmental review under chapter 43.21C RCW. B. Complete Exemptions. In addition to the regulations listed under ECDC 20.90.005(A) above, the following permits shall also be exempt from ECDC 20.90. 010(D) (letter of completeness), ECDC 20.90.010(F)(1)(fmal decision deadline) and ECDC 20.90.010(H)(appeal deadlines). 1. Building permits subject to earth subsidence and landslide review as identified in Chapter 19.05 ECDC. 2. Building permits submitted as part of an augmented application for architectural design review as identified in Chapter 19.00.120 ECDC. 3. Building permits subject to environmental review under . chapter 43.21C _ .RCW for, which environmental review has not been completed in connection with other project permits. 4. Any staff decisions authorized by the ECDC or ECC. 5. Street vacations as identified in Chapter 20.70 ECDC. 20.90.010 APPLICATION PROCEDURES A. Application. All applications for development permits or other City approvals required by the ECDC 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 ECDC. The Director of Community Services or his /her designee may require such additional information as is reasonably necessary to fully and properly evaluate the proposal. 142427.10 -15- B. Project Consolidation. 1. The City shall consolidate the review of project permit 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 one development project for the purposes of this Chapter. The City is also authorized to consolidate project review with the permit review of other government agencies. 2. Decisions and hearings shall be scheduled so that no more than one open record public hearing is held on all project permit applications received on a development project and no more than one closed record appeal hearing is held on the same project. Projects that do not involve an open record predecision hearing can be subject to an open record appeal. a. To the extent, consistent with state law, when an open record public hearing is required by the ECDC 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 conduct the public hearing and shall have sole authority to render a final decision on the application. b. To the extent consistent with state law, when a closed record appeal is required by the ECDC to be conducted by more than one decision making body for a consolidated project, the decision making body with the highest appeal authority as determined by the Planning Manager shall conduct the appeal and shall have sole authority to render a final decision on the appeal. C. To the extent consistent with state law, when consolidated project permit applications are required by the ECDC to include both open record predecision 142427.10 -16- hearings and open record appeals, the appeal shall be a closed record appeal. 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, City standards, policies and design guidelines, the permit process and approvals that will be required. D. Letter of Completeness 1. Within twenty -eight (28) calendar days of receiving a date - stamped project permit 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 permit application shall be declared complete only when it contains all of the following materials: a. A fully completed, signed and acknowledged project permit 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, chapter 43.21C RCW. 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 ECDC). d. The information specified for individual permit approvals under the appropriate chapters of the ECDC. e. Any supplemental information or special studies identified by the Director of Community Services as authorized by Section 20.90.010(A)(1) of this Chapter. 142427.10 -17- 3. 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 14 calendar days, issue a letter of completeness or identify what additional information is required. E. Notice of Application 1. The City shall issue a Notice of , Development Application within 14 calendar days of issuing a letter of completeness under Chapter 20.90.010(D). 2. Notice of Development Application. The Notice of Development Application required by this subsection shall include but not be limited to the following: a. Name of the applicant., b. Date of application, date of the letter of completeness, and date of notice of development application. C. Location of the project, including vicinity map. d. Project description. e. Requested permits and approvals, and identification of other permits not included in the application to the extent known by the City. f. Requested studies. g. Location of application materials for public review, including any existing or required environmental documents. h. The public comment period, being not less than 14 nor more than 30 calendar days from the date of the notice. i. City contact information. 142427.10 -1 g- j. The time, place and date of the public hearing, if a hearing has been scheduled. k. A statement that the decision on the application will be made within 120 days of the date of the letter of completeness. 3. The City shall follow the procedures set forth in ECDC 20.91.010(B)(1) in the issuance of a Notice of Development Application with the following modifications: a. Only the information required by ECDC 20.91.010(A) need be included in the publication required by ECDC 20.91.010(B)(1)(c). b. The notice procedures required for a public hearing under Chapter 20.9.1 ECDC may be combined with the notice procedures for a Notice of Development Application to the extent possible. F. Final Decision 1. , Time. The final decision on a project permit application 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: a. Amendments to the Comprehensive Plan or ECDC. b. Any time required to correct plans, perform studies or provide additional information, provided that within 14 calendar days of receiving the requested additional information, the Director of Community Services 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 142427.10 -19- 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, chapter 43.21C RCW, following a determination of significance, if the City of Edmonds by ordinance or resolution has established time periods for completion of environmental impact statements, or if the Planning Manager and the project permit applicant agree in writing to a time period for completion of an environmental impact statement. 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. Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed. 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. 142427.10 -20- G. Hearing and Appeal Limitations. No project permit application except for the appeal of a determination of significance as provided in RCW 43.21C.075 shall be subject to more than one open record hearing and one closed record appeal. An open record appeal may be held in the absence of an open record predecision hearing. H. Appeal Deadlines 1. 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. 2. 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. 3. Parties to an appeal may agree to extend the time limits required by this subsection. I. Appearance of Fairness All quasi-judicial hearings for land use permit applications shall comply with the Appearance of Fairness Doctrine as codified in chapter 42.36 RCW and developed by the Washington courts. Under the Appearance of Fairness doctrine, a quasi-judicial land use hearing must not only be fair in fact but must also appear to be fair and free from an aura of partiality, impropriety, conflict of interest or prejudgment. To this end the following hearing procedures shall be employed in quasi-judicial land use hearings: 1. Prehearing Procedures: Prior to the opening of a public hearing, the presiding officer of the review authority conducting the hearing shall take the following actions: a. The presiding officer shall inform the audience of the basic procedural rules for participating in the hearing, including time limits and order of presentation. b. The presiding officer shall disclose any potential grounds for partiality, impropriety, conflict of interest or prejudgment. The presiding officer shall also disclose any ex parse contacts with proponents or opponents of the project under review. The presiding officer shall also ask all other members of the review authority for the same disclosures. 142427.10 -21- C. The presiding officer shall ask if there are any objections from any member of the audience based upon the contents of the disclosures. The audience shall further be informed that failure to object to any subject matter of the disclosure shall serve to waive any right to further objection. d. Should any objection from the audience be received, the presiding officer shall determine if the objection serves as grounds ,for disqualification of any participating decision maker. e. An objection to an ex parte contact shall not serve as a basis for disqualification. Anyone who objects to an ex parte communication shall have the right to rebut the contents of the communication during the hearing. 2. Hearing Procedures: The following procedures shall apply while a public hearing is open: a. The order of testimony shall be as follows: 1) Staff Presentation. 2) Applicant Presentation. 3) Public Testimony. 4) Staff Response. 5) Applicant rebuttal, to the extent permitted by other Council procedural rules. b. All testimony shall be directed to the review authority. 3. Post - Hearing Procedure: The following procedures shall apply after a public hearing is closed: a. No new evidence shall be considered by the review authority after the close of the public hearing. b. The review authority shall limit its consideration of evidence to that which was presented during the public hearing. C. Motions to reconsider may be considered until the formal adoption of the written findings and conclusions pertaining to the decision. The motion to reconsider and its debate shall be ]united to the procedural motion and shall not include deliberation of the main motion. If a motion to reconsider is adopted, the matter shall be set for a 142427.10 -22- follows: continued public hearing with notice to all parties and the public. The City Council shall specify in its notice whether the matter is set for Council deliberation only on the existing record or whether further public testimony will be taken. 4. Procedures To Serve as Supplemental Guidelines: Theprocedures of this subsection shall supplement existing rules relating to City decision making procedures. The procedures of this subsection shall supersede any conflicting City procedural requirements. These procedures are intended to serve as guidelines for compliance with state law requirements pertaining to the Appearance of Fairness doctrine. Failure to comply with these procedures shall not serve as justification to invalidate a land use decision or serve as any source of liability to the City. Section 22. A new Chapter 20.91 ECDC is hereby added to the ECDC as 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 A. Contents of Notice for Public Hearings. A notice for a public hearing shall contain at least the following: 1. A general description of the proposal. 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. 3. The time, place and date of the hearing. 4. The place where further information is available. 142427.10 -23- 5. 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. B. Notice Procedures. The City shall give notice of public hearing at least 10 working days before the hearing date by the following methods: 1. Except as specifically stated in Subsection 2 below, all hearings under this Title shall be noticed 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 300 feet (except in the case of Group Homes, see Chapter 20.18) of the property involved in the proposal. 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 Director of Community Services. 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 142427.10 -24- it impact any existing sign package relating to any site. 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. 2. 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 lb above), and (2) Mailings (Subsection la above); or (3) 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. (4) Publication as specified in ECDC 20.91.410(B)(1)(c). b. Zoning ordinance text changes (identified in Section 20.80.020), newspaper publication under Section 20.40.030. Further, if the Director of Community Services 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 Director of Community 142427.10 -25- Services 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. d. Comprehensive plan map amendment, newspaper publication under Section 20.00.020. If the Director of Community Services 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. f. Street vacations, see Section 20.70.020. g. Shoreline substantial development permits, see Section 20.55.020. 20.91.020 PROCEDURE 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 142427.10 -26- 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 fmdings or review criteria required by the ECDC. 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 hearing. G. Decision. The decision shall be made after the hearing. For the Hearing Examiner, Director of Community Services 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 ECDC. The report (or minutes) of the decision shall also include findings and conclusions. A decision arrived at by the Hearing Examiner or Director of Community Services 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. 142427.10 -27- H. Records. The City Clerk shall keep a permanent record of all public hearings held under the ECDC. Summary minutes and a tape recording of the hearings shall be sufficient record. The Community Services Department shall keep the permanent record of all exhibits, staff reports and so forth, on each proposal. Section 23. ECDC 20.95.040 is hereby amended as follows: 20.95.040 STAFF DECISION - NO NOTICE REQUIRED A. Scope. The following permits and approvals are reviewed under this procedure: 1. 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 Director of Community Services or his or her designee 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 Chapter 20.105 ECDC. C. Optional Reconsideration. A permit applicant may request a reconsideration of the decision issued under this section by either the original decision -maker or the Planning Manager. If the applicant requests reconsideration by the Planning Manager and the Planning Manager is not available to render a decision within the time limits required by the ECDC, the Planning Manager shall designate a supervisor of the original staff decision maker to rule on the reconsideration. The request for reconsideration shall be filed in writing with the Planning Manager within 14 working days after the date of the decision being appealed. The requested decision -maker for the reconsideration shall approve, conditionally approve, or deny the application. The decision shall be in writing, and shall be appealable to the Hearing Examiner 142427.10 -28- under Chapter 20.105 ECDC. This subsection shall not apply to decisions identified in ECDC 20.95.040(A)(2). Section 24. ECDC 20.95.050 is hereby amended as follows: 20.95.050 STAFF DECISION - NOTICE REQUIRED 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. B. Procedure. The Planning Manager or designee, shall decide whether to approve, conditionally approve, or deny the application based upon the staff report. 1. Notice. The Director of Community Services 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. 142427.10 -29- b. A nonlegal description or map of the location of the property including the street address, if there is one. C. The place where further information is available. d. The date on which the reconsideration or appeal period ends which shall be no less than 10 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 Manager'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 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 staff's original decision, the decision of the Planning Manager shall become final. 3. Appeal of Reconsideration. Appeal procedures shall be governed by Chapter 20.105 ECDC. Section 25. Chapter 20.95.060 ECDC is hereby repealed. Section 26. ECDC 20.100.000 is hereby amended as follows: 142427.10 -30- 20.100.000 SCOPE This chapter establishes review procedures for the permit applications identified herein. Section 27. ECDC 20.100.010 is hereby amended as follows: 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: 1. Official Street Map changes. 2. 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. 3. 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: 1. Conditional Use Permits except where this code provides for staff approval and Group Homes. 2. Variances. 3. Shoreline Permits. 4. Hearings on draft Environmental Impact Statements. 5. Preliminary plats for Formal Subdivisions. 6. Review of approved permit, see Section 20.100.040. 142427.10 -31- 7. 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 Services 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 ECDC. The Community Services 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 Edmonds Comprehensive Plan and other relevant provisions of the ECDC. The Examiner shall send a copy of the findings and conclusions to the applicant, the Community Services 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 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. 142427.10 -32- The Hearing Examiner shall promptly review the reconsideration request and within 5 working days issue a written response, either approving or denying the request. If the reconsideration request is denied, the 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: 1. 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. Section 28. ECDC 20.100.030(A) and (B) are hereby amended as follows: A. Normal Review. The City. Council shall consider a recommendation of the Hearing Examiner or Planning Board at its next available public meeting. The Council may adopt or remand the recommendation at that meeting. 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, the Council shall review the recommendations of the Hearing Examiner and any appeal taken therefrom. Any person aggrieved by the recommendation of 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 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. 142427.10 -33- B. Optional Public Hearing. If the Council wishes to consider any change to a recommendation for an amendment to the comprehensive plan or a nonsite specific rezone, the Council shall set a public hearing in the manner provided in Chapter 20.91 ECDC. 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 Board shall report back its findings and recommendations to the Council. Section 29. ECDC 20.100.040(C) is hereby amended as follows: C. Review Procedure. 1. The Director of Community Services 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. 2. If the permittee could reasonably correct the deficiencies, but fails to do so within the specified time, the Director of Community Services 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 Director of Community Services shall refer the matter to the Hearing Examiner for review. 4. The Hearing Examiner shall hold a public hearing under Chapter 20.91 ECDC 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 142427.10 -34- 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. Section 30. ECDC 20.105.000 is hereby amended as follows: 20.105.000 SCOPE This section provides the basic procedure for processing appeals. In the event another chapter in Title 20, except Chapter 20.90 ECDC, sets different specific requirements for appeal procedures, this chapter shall control. Section 31. ECDC 20.105.010 is hereby amended as follows: 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. 1. Short subdivisions and lot line adjustments. 2. Home occupations. 3. Interpretations of the text of the ECDC. 4. SEPA (chapter 43.21C RCW) decisions in accordance with the provisions of ECDC Chapter 20.15A as the same exists or is hereafter amended. 5. Permits or approvals required by Title 18 (Public Works). 142427.10 -35- 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. 8. Critical Areas staff decisions in accordance with the provisions of ECDC chapter 20.15B as the same exists or is hereafter amended. 9. Such other matters as may be specifically referred by the ECDC. B. Hearing Examiner Decisions. Any person may appeal a final decision of the Hearing Examiner identified in ECDC 20.100.01.0(B) to the City Council in the manner provided in this chapter. Section 31. ECDC 20.105.020 is hereby amended as follows: 20.105.020 APPEAL - FILING A. Written Appeal. Appeals shall be written and shall state the following: 1. 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 Director of Community Services within 14 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 142427.10 -36- 20.95.010 and whom must be notified by the Community Services Department. Section 32. ECDC 20.105.030 is hereby amended as follows: 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 3. 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 Services Department shall promptly: 1. Send a copy of the appeal to the project applicant if the person appealing is not the applicant. 2. Give notice of the hearing as specified in Chapter 20.91 ECDC. 3. 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 ECDC. 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. 142427.10 -37- D. Appeal of Hearing Examiner Decision. The decision of the Hearing Examiner on appeals of staff decisions on project permit applications shall be final and shall not be appealable to the City Council. Hearing Examiner decisions on appeals of staff decisions that do not involve project permit applications shall be appealable to the City Council pursuant to the process specified in ECDC 20.105.040. Section 33. ECDC 20.105.040 is hereby amended as follows: 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 3. Anyone testifying on the application at the hearing identified in Section 20.100.010. B. Department Action. The Community Services Department shall promptly: 1. 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 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: 1. 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. 142427.10 -38- 2. Give notice of the meeting as specified for public hearings in Section 20.91 ECDC. 3. Send a notice of the hearing to the person appealing. D. City Council Review. 1. The Council shall consider the appeal, including review of the record, in a closed record appeal. The parties to the appeal may submit timely written statements or arguments. 2. The Council shall review the proposal using the same criteria and findings set forth in this code for the original decision. 3. 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 ECDC 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 additional consideration or clarification from the Hearing Examiner is necessary, the Council may remand the matter back to the Hearing Examiner. The Council shall specify the items or issues to be considered and the time frame for completing the additional work. Section 34. ECDC 20.105.070 is hereby amended as follows: 20.105.070 COURT REVIEW Any final decision or other final action for which no other administrative appeal is specifically provided in the ECC or ECDC 142427.10 -39- 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 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 35. A new Section 21.15.035 is hereby added to the ECDC to provide . as follows: 21.15.035 CLOSED RECORD APPEAL Closed record appeal for purposes of the ECDC means an administrative appeal on the record to a decision making body, including the City Council, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. Section 36. A new Section 21.80.095 is hereby added to the ECDC to provide as follows: 21.80.095 PROJECT PERMIT OR PROJECT PERMIT APPLICATION "Project permit" or "project permit application" for purposes of the ECDC means any land use or environmental permit or license required by the ECDC for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical areas ordinances, site - specific rezones authorized by a comprehensive plan or sub -area plan, but excluding the adoption or amendment of a comprehensive plan, sub -area plan, or development regulations except as otherwise specifically included in this subsection. Section 37. A new ECDC 21.80.105 is hereby added to the ECDC to provide as follows: 142427.10 -40- 21.80.105 PUBLIC MEETING Public meeting for purposes of the ECDC means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the decision making body's decision. A public meeting may include, but is not limited to, an Architectural Design Board meeting or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the City's project permit file. Section 38. Edmonds Ordinance Numbers 3078 and 3092, adopting interim Regulatory Reform measures, are hereby repealed. Section 39. 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 validityy or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 40. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE 142427.10 -41- APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: 09/20/96 PASSED BY THE CITY COUNCIL: 09/24/96, PUBLISHED: 09- /25/96 EFFECTIVE DATE: 09/30'/96 ORDINANCE NO. 3112 142427.10 -42- SUMMARY OF ORDINANCE NO. 3112 of the City of Edmonds, Washington On the 24th day of September-, 1996 , the City Council of the City of Edmonds, passed Ordinance No. 3112 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING TITLE 20 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE AS REQUIRED BY THE WASHINGTON STATE. REGULATORY REFORM ACT, CHAPTER 36.70B RCW, IN ORDER TO IMPOSE GENERAL REQUIREMENTS FOR A COMPLETE APPLICATION; TO ALLOW FOR OPTIONAL CONSOLIDATED PERMIT PROCESSING; TO SET AN EXPEDITED TIME FRAME FOR THE ISSUANCE OF LAND USE PERMITS; TO LIMIT LAND USE PUBLIC HEARINGS AND APPEALS; TO EXPAND PUBLIC NOTICE REQUIREMENTS FOR THE PROCESSING OF LAND USE APPLICATIONS; TO AMEND JUDICIAL APPEAL PROCEDURES TO CONFORM WITH THE EXPEDITED APPEAL REQUIREMENTS OF CHAPTER RCW 36.70C; AND ALSO AMENDING PUBLIC HEARING PROCEDURES TO CONFORM WITH THE REQUIREMENTS OF THE APPEARANCE OF FAIRNESS DOCTRINE, CHAPTER 42.36 RCW; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 25th day of September 3 1996 4,uad � / e!TA'0 I.Q.G� CITY CLERK, SANDRA S. CHASE 142427.10 -43- STATE OF WASHINGTON, COUNTY OF SNOHODrLISH, SUMMARY OF ORDINANCE NO. 3112 of the City of Edmonds, Washington On the 24th day of Septem- bar, 1996, the City Council of the City of Edmonds, gassed Ordinance No. 3112. A sum- mary -of the content of said I ordinance, consisting of the j title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS WASH- INGTON, AMENDING TITLE 20 OF THE EDMONDS COM- MUNITY DEVELOPMENT CODE AS REQUIRED BY THE WASHINGTON STATE REGU- LATORY REFORM ACT, CHAPTER 36.708 RCW IN ORDER TO IMPOSE dEN- ERAL REQUIREMENTS FOR A COMPLETE APPLICATION; TO ALLOW FOR OPTIONAL CONSOLIDATED PERMIT PROCESSING; TO SET AN EXPEDITED TIME FRAME FOR THE ISSUANCE OF LAND USE PERMITS; TO LIMIT LAND USE PUBLIC HEARINGS AND APPEALS, TO EXPAND PUBLIC NOTICE REQUIREMENTS FOR THE (PROCESSING OF LAND USE APPLICATIONS; TO AMEND APPEAL DURIES TO CONFORMRWITH THE EXPEDITED APPEAL REQUIREMENTS OF CHAP- TER RCW 36.70C; AND ALSO iAMENDING PUBLIC HEARING, PROCEDURES TO CONFORM WITH THE REQUIREMENTS OF THE APPEARANCE OF FAIRNESS , CHAPTER 42.3 RCW; AND !FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon re east. DATED this 25th day of September .1996. SANDRA S. CHASE City Clerk Published: September 25, 1996. — B -2 -1 Affidavit of Publication RECEIVED OCT - 2 1996 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. 3112 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: September 25, 1996 .................................. .............................................................................................. ..................... ............................... ................................................... ............................... and that said newspaper was regularly distributed to its subscribers during all of said period. ................... «(......: ........... Principal Clerk Subscribed and sworn to before me this ....25th day of ... -....- ...September 1996.... .... - -- -- .�y /.. �...... Notary Public in and for t Stat of Washington, residing at Everett, Snoho ounty. /0eFE 0� oN U �0 �'