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Ordinance 33170006.900000 WSS /gjz 6/23/00 ORDINANCE NO. 3317 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING SECTION 20.91.030 CONTINUANCES, REENACTING SUCH SECTION 20.91.030 CONTINUANCES AS AN INTERIM ZONING REGULATION, SETTING A PUBLIC HEARING AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council enacted Section 20.91.030 Continuances without a public hearing and review of its Planning Board on its consent agenda, in error, and wishes to fully comply with the provisions of its ordinances and state statute, and WHEREAS, the need for such a procedural provision may arise during the time that the Planning Board is considering such action, and WHEREAS, the City Council has retained to itself the procedural power to review a motion for continuance, and WHEREAS, from time to time, it may be in the public interest to continue matters for good cause shown in advance of a regularly scheduled Council meeting, and WHEREAS, the City Council wishes to have the flexibility to delegate continuance authority to its Council President, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Community Development Code, Chapter 20.91 is hereby amended by the repeal of a recently enacted Section 20.91.030 Continuances. {WSS436606.DOC;1/00006.900000/1 - 1 - Section 2. As an interim zoning measure, the Edmonds Community Development Code, Chapter 20.91, is hereby amended by the reenactment of a new Section 20.91.030 Continuances to read as follows: 20.91.030 Continuances. When a matter is set for quasi-judicial hearing before the City Council on a closed record appeal, the applicant, appellant or any other party of interest may apply for a continuance to the City Council through the Council President. The Council President may continue such matter, based upon a showing of good cause, provided, however, that in no event may a matter be continued beyond the time period set by state statute and these ordinances for action on a development permit application without the express written consent of the applicant and a waiver of the time period imposed. The Council President shall make reasonable attempts to contact all interested parties and shall not rule on an application for continuance until the applicant and appellant have been given a reasonable opportunity in light of the circumstances to respond. Section 3. Section 2 enacts an amendment of the Zoning Code and is an interim zoning measure. Such measure shall expire on its own terms six months from the date of enactment. In order to comply with the provisions of State Statute, a public hearing is hereby set on said interim zoning measure on August 15, 2000 at 7:00 P.M. at the Edmonds City Council Chambers, or as soon thereafter as the matter may be heard. Section 3. 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: MJ(YOR,,` IRY HAAKENSON {WSS436606.DOC;1/00006.900000/1 - 2 - ATTEST /AUTHENTICATED: ,,�1...'-e' ems. CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF T E ATTO Y: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 07/14/2000 PASSED BY THE CITY COUNCIL: 07/18/2000 PUBLISHED: 07/25/2000 EFFECTIVE DATE: 07/30/2000 ORDINANCE NO. 3317 {WSS436606.DOC;1/00006.900000/} - 3 - SUMMARY OF ORDINANCE NO. 3317 of the City of Edmonds, Washington On the 18th day of July, 2000, the City Council of the City of Edmonds, passed Ordinance No. 3317. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING SECTION 20.91.030 CONTINUANCES, REENACTING SUCH SECTION 20.91.030 CONTINUANCES AS AN INTERIM ZONING REGULATION, SETTING A PUBLIC HEARING AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 19th day of July, 2000. .1 '4"..4p. 6147� CITY CLERK, SANDRA S. CHASE {WSS436606.DOC;1/00006.900000/} - 4 - Affidavit of Publication STATE OF WASHINGTON, COUNTY OF SNOHO10iISH, SUMMAR OF The undersigned, being first duly sworn on oath deposes and says R en o mon s-, that she is Principal Clerk of THE HERALD, a daily newspaper Washington the 18th day of July, i000f ty Council of the City of printed and published in the City of Everett, Count of Snohomish, � p p y y ids, passed Ordinance No. A summary of the content and State of Washington; that said newspaper is a newspaper of I Ordinance, of follows: general circulation in said County and State; that said newspaper IDINANCE OF THE CITY )MONDE, WASHINGTON, \UNG SECTION 20.91.030 has been approved as a legal newspaper by order of the Superior NUANCES, REENACTING SEUMN 20.91.030 Court of Snohomish County and that the notice ......... ............................... SETTING A PUBLIC HEARING Summary f Ordinance 43317 ANDFIXING A TIME WHEN ........................................................ .............................................. ............................... THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance Clt of Edmonds willbe mailed upon request. ................. y.........................................---....................................... ............................... DATED this 19th day of July, 2000. SANDRA S. CHASE, CITY CLERK Published: July 25, 2000. ........................................................... ............................... ......... ... ............................... 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: Published: July 25, 2000 ........... W ........................................................................ ............................... ............................................... ............................... ............. ,t sai newspaper_ as regularl distribute to its s all of said period. �%�� �.. F._...,._._ ....................1.......... - rincinal Clerk Subscribed and sworn to before t 25th this............................ 20...00 ......................... Washington, V av r rt/11 m r PuBL(C 19 -Z RECEIVED AUG 0 2 2000 B -2 -1 EDMONDS CITY CLERK