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Ordinance 34530006.90000 WSS /gjz 11/5/02 R:11 /15 /02gjz R:4 /28 /03gjz R:5 /13 /02gjz ORDINANCE NO. 3453 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECDC SECTIONS 16.20.010(D), 16.30.030(D), 16.62.010(A)(5) AND 21.20.010 "DAY -CARE FACILITY ", ALL IN ORDER TO BRING THE CITY'S RESTRICTIONS REGARDING THE ESTABLISHMENT OF DAY -CARES IN LINE WITH THE REQUIREMENTS OF STATE LAW AND TO EXPAND DAY- CARE TO INCLUDE DAY -CARE FOR THE DISABLED AND ELDERLY, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, cities are required to permit day -care centers for twelve or fewer children operated from a family home in any residential or commercial area of the City, and WHEREAS, the City has previously permitted such day -care use for six or fewer in line with prior state enactments, and WHEREAS, the City Council, with the recommendation of its Planning Board wishes to bring its day -care regulation provisions into compliance with the requirements of state law, and WHEREAS, there is a need for additional housing opportunities for seniors, and expanding the definition of day -care to include elder care may permit many Edmonds residents to reside with adult children and other family members thereby permitting them to remain in family homes and in the neighborhoods in which they have lived, NOW, THEREFORE, {WSS530451.DOC;1 /00006.900000/} - 1 - THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Community Development Code, Section 16.20.010(D) is hereby amended to read as follows: 16.20.010 Uses. D. Secondary Uses Requiring a Conditional Use Permit. 1. Preschools; 2. Guesthouse; 3. Amateur radio transmitting antennas; 4. Accessory dwelling units; and 5. Commuter parking lots with ten or more designated parking spaces in conjunction with the church, school, or local public facility allowed or conditionally permitted in this zone. Section 2. The Edmonds Community Development Code Section 16.30.010 Uses D. Secondary Uses Requiring Conditional Use Permit is hereby amended to read as follows: 16.30.010 Uses. D. Secondary Uses Requiring Conditional Use Permit. 1. Day -care facilities of any size to be operated in a separate, non - residential portion of a multi - family residential dwelling structure operated primarily for the benefit of the residents thereof. 2. Community parking lots with ten or more designated parking spaces in conjunction with the church, school or local public facility allowed or conditionally permitted in this zone. Section 3. The Edmonds Community Development Code Section 16.62.010(A) (5) is hereby amended to read as follows: 16.62.010 Uses. A. Permitted Primary Uses. {WSS530451.DOC;1 /00006.900000/1 - 2 - 5. Day -care facilities; Section 4. The Edmonds Community Development Code Section 21.20.010 Day- Care Facility is hereby amended to read as follows:; 21.20.010 Day -care facility. The following definitions shall apply to the various day -care facilities allowed in the different zoning districts: A. Family Day -care Home: A residence used for the care of children under the age of twelve located in the family dwelling of the person or persons under whose direct care the child or children are placed, accommodating twelve or fewer children, such numbers to include those members of the resident family who are under the age of twelve years old and are cared for within the day- care facility. This definition shall apply regardless of whether the care is provided for compensation. B. Day -care Center. A building or portion thereof used for the care of children under the age of twelve located in a facility which accommodates thirteen or more children regardless of whether such services are provided for compensation. C. Adult Care. The definitions of family day -care home and day -care center shall also include facilities designed for the care of disabled persons, and persons over the age of 65 years during normal working hours ( "adult care "). The expansion of the definition is intended to permit neighborhood oriented facilities which provide services to the disabled and elderly while their adult children or other family care givers are at work. This definition shall be applied in a way which permits day -care facilities for adult care to operate under the same terms and conditions as day -care facilities for children. This definition shall not include facilities such as halfway houses, treatment centers, counseling centers, or other businesses which offer medical services, treatment or counseling to the disabled; these business uses shall be located only in the appropriate commercial zones. Section 5. 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 {WSS530451.DOC;1 /00006.900000/} . - 3 - five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAY R G�VV HAAKENSON ATTEST /AUTHENTICATED : CITY CLERK, SANDRA S. CHASE APPROVED AS TO ORM: OFFICE OF H ITY T Y: BY FILED WITH THE CITY CLERK: 05/16/2003 PASSED BY THE CITY COUNCIL: 05/20/2003 PUBLISHED: 05/30/2003 EFFECTIVE DATE: 06/04/2003 ORDINANCE NO. 3453 {WSS530451.DOC;1 /00006.900000/1 - 4 - SUMMARY OF ORDINANCE NO. 3453 of the City of Edmonds, Washington On the 20th day of May, 2003, the City Council of the City of Edmonds, passed Ordinance No. 3453. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECDC SECTIONS 16.20.010(D), 16.30.030(D), 16.62.010(A)(5) AND 21.20.010 "DAY -CARE FACILITY ", ALL IN ORDER TO BRING THE CITY'S RESTRICTIONS REGARDING THE ESTABLISHMENT OF DAY -CARES IN LINE WITH THE REQUIREMENTS OF STATE LAW AND TO EXPAND DAY -CARE TO INCLUDE DAY -CARE FOR THE DISABLED AND ELDERLY, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 21St day of May, 2003. � . e &.,� CITY CLERK, SANDRA S. CHASE {WSS530451.DOC;1 /00006.900000/1 - 5 - Affidavit of Publication STATE OF WASHINGTON, COUNTY OF SNOHOMISH S.S. r -- SUMMAR.Y_0J OEDINANCENO -3453 - -� of the Cty of Edmonds, wasnington Tl1e undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk On the 20th day of May, 2003, the City Council of the City of THE HERALD, a daily newspaper printed and published in the City of Everett, County of of Edmonds, Passed Ordinance No. 3453 A summary of the ' content of said ordinance, consisting of the title, provides as Snohomish, and State of Washington; that said newspaper is a newspaper of general follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- circulation in said County and State; that said newspaper has been approved as a legal TON, AMENDING THE PROVISIONS (A ECDC SECTIONS' newspaper b order of the Superior Court of Snohomish Count and that the notice 16.20.010(D), 16.30.030(D), 16.62.010(A))(5 AND 21.20.010 y p y 'DAY -CA E FACILITY -, ALL IN ORDEp TO BRING THE CITY'S RESTRICTIONS REGARDING THE ESTABLISH- City of Edmonds MENT OF DAY -CARES IN LINE WITH THE REQUIRE- MENTS OF STATE LAW AND TO EXPAND DAY -CARE TO INCLUDE DAY -CARE FOR THE DISABLED AND ELDER- nlmar Su of Ordinance No. 3453 LY, AND FIXING A TIME WHEN THE SAME SHALL BE- y COME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 21st day of May, 2003. CITY CLERK, SANDRA S. CHASE i Published. May 30, 2003. 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 30, 2003 RECEIVED J U N 0 3 2003 EDMONDS CITY CLERK Account Name: City Of Edmonds Edmonds, City Of and that said newspaper was reo ly ("ributed to its I //J / Subscribed and sworn to before e t is day of May, 2003 ffA .00 ; 1 Notary Public in and for the State of hington,I County. Account Number: 101416 g all of said period. 30th 0 SIONF o Norao. mipg at >ivil5rett"o),nonoeoisn )01J8L10 i41 29 -07 ' •�0, •N t t't t�F `W `SHE ��. Order Number: 0001042115