Ordinance 2167ORDINANCE NO. 2167
AN ORDINANCE OF THE CITY OF EDMONDS, WASH-
INGTON, ESTABLISHING A NEW CHAPTER 4.74 IN
THE EDMONDS CITY CODE ENTITLED "COMMUNITY
IMPACT STATEMENTS"; REQUIRING CERTAIN
BUSINESSES TO PREPARE A COMMUNITY IMPACT
STATEMENT; SPECIFYING THE CONTENTS THEREOF;
PROVIDING FOR COMMENT AND REVIEW; AUTHORIZ-
ING SUSPENSION AND REVOCATION OF BUSINESS
LICENSES; AND PROVIDING PENALTIES.
WHEREAS, the City of Edmonds is primarily a family -
oriented suburban community and the traditional orientation
of the community, and that which is planned for the future,
is for family commerce, recreation, education and worship;
and
WHEREAS, businesses and activities which are not
family -oriented may be inconsistent with the existing develop-
ment and future plans for the Edmonds community, and may
have an adverse impact upon the same. Such businesses have
been found to appeal to special populations which are not
normally residing in family -oriented communities; they often
bring outside influences into the community which increase
the crime rate and undermine the moral and social values of
family members and endanger the health, safety and welfare
of the city; and
WHEREAS, existing businesses find that as the
character of the commercial environment changes, their
business declines and property values decrease. Merchants
serving the general community are forced to relocate, leaving
areas in the city in a vacant and deteriorating condition;
and
WHEREAS, the necessity in the public interest of
the provisions hereinafter contained and enacted is declared
by this legislative body, as a legislative determination and
public policy, and it is further declared that the provisions
hereinafter contained and enacted are in pursuance of and
for the purpose of promoting and securing the public health,
safety and welfare, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. A new Chapter 4.74 is hereby added to
the Edmonds City Code to be entitled "Community Impact
Statements" and to read as follows:
"4.74.010 PURPOSE
Businesses which are not family -oriented and which may have
an adverse impact upon family commerce, recreation, education
and worship should be encouraged to locate in other communi-
ties where their patronage would be more probable and profit-
able, and where their impact would be more acceptable. To
identify such businesses before issuing a business license
to the same, the city of Edmonds shall require a study and
review of probable impact on the community of any proposed
business activity oriented towards serving or attracting a
special population of customers, and not oriented toward
activities reasonably related to the health, education,
safety and welfare of the family."
"4.74.020 COMMUNITY IMPACT STATEMENT REQUIRED
No business license shall be issued to any proposed business
which is determined by the city clerk to be oriented towards
serving or attracting a special population of customers or
patrons, and not oriented toward activities reasonably
related to the health, education, safety and welfare of the
family, until said proposed business has first prepared and
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submitted to the city a Community Impact Statement, as
described in Section 4.74.030 below. Provided that, the
following businesses shall be exempt from this requirement:
A. Businesses specifically licensed for conducting that
particular business by the state or federal government.
B. Businesses which the city clerk determines would have
an insignificant adverse impact on the community, and
which are not significantly inconsistent with the
purposes of this chapter."
"4.74.030 COMMUNITY IMPACT STATEMENT - CONTENTS
A Community Impact Statement shall contain at a minimum the
following elements:
A. Detailed description of the proposed business; names
and addresses of all owners thereof; proposed location;
description of building and facilities; description of
merchandise or services to be sold or otherwise provided;
proposed hours of operation; profile of expected custom-
ers; projected market area; reference to other similar
business operations.
B. Analysis of the existing business community within a
three hundred (300) foot radius of the proposed location,
including the following factors, at a minimum:
1. Type of businesses;
2. Profile of customers;
3. Market area;
4. Economic growth/deterioration;
5. Property values;
6. Proximity of residential neighborhoods;
7. Proximity of schools, churches and public
facilities.
C. Impact of proposed business upon the factors described
in sub -paragraph B above.
D. Impact of proposed business upon the physical health,
mental health, and social environment of the Edmonds
community.
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E. Alternative locations for the proposed business; and/or
alternative business for the proposed location."
"4.74.040 REVIEW AND DECISION MAKING PROCESS
A. A completed Community Impact Statement, together with
20 copies, shall be filed by the applicant with the
city clerk for review by the city council. Copies of
the same shall be distributed by the city clerk to the
City Community Development Department, Police Department,
Fire Department, and Public works Department, and to
the Edmonds Public Library, the Secretary of the Edmonds
School Board, the Secretary of the Edmonds Chamber of
Commerce, and to any other parties requesting the same.
The city clerk may assess a charge for the cost of
copying any completed Community Impact Statement issued
to private parties.
B. The clerk shall invite comment, to be made within
thirty (30) days, on the Community Impact Statement
from the above identified parties. Within sixty (60)
days, the clerk shall make recommendations to the city
council on whether the applicant's business license
shall be granted or denied and/or whether certain steps
shall be taken by the applicant to reduce the adverse
impacts of its proposed business on the Edmonds
community.
C. The city council shall then schedule a public hearing
for the purpose of considering issuance of the business
license to the applicant. At the conclusion of the
public hearing and any continuances thereof, the city
council shall either grant or deny the business license,
or grant the business license subject to conditions.
D. It shall be valid grounds for the denial of a business
license if the city council finds that a proposed
business will have a significant adverse impact upon
the community and will be significantly inconsistent
with the purposes of this chapter. The possibility of
mitigating measures agreed to by the applicant shall be
taken into account.
E. No business license shall be denied solely on the basis
of the content of written, audio or visual communications
sold or made available to customers unless the same is
found to be obscene as defined by RCW 7.48.050(2)."
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"4.74.050 Appeals
Any person who desires to appeal any decision of the city
council to grant, deny, suspend or revoke a business license
issued after preparation of a Community Impact Statement
must do so within twenty (20) days of the council's decision
by commencing an appropriate action in Snohomish County
Superior Court."
"4.74.060 RETROACTIVE EFFECT
All procedural elements of this chapter shall have retroactive
as well as prospective application to any and all businesses
that have not received a final and unconditional business
license on the date of enactment hereof. The substantive
elements of this chapter are deemed to be necessary for the
immediate protection of the public health, safety and general
welfare and shall also apply to said businesses."
"4.74.070 REVIEW OF BUSINESS LICENSES
A. The city council shall maintain continuing jurisdiction
to review the license of all businesses which were
granted after city council review of that business's
Community Impact Statement in order to assure that the
public interest is served by the businesses having been
issued the same.
B. Review proceedings may be initiated in any of the
following ways:
1. Upon written request of the mayor or his designee
on any of the following grounds:
a. Violation of the Edmonds City Code, including
but not limited to zoning, subdivision,
building, plumbing, mechanical or fire codes
of the city;
b. Conducting activities other than as described
in the Community Impact Statement;
C. Violation of any condition of the business
license; or
d. There has been a material change in the
licensee's business activities and/or in the
merchandise or services provided to customers
which change may have adverse impact on the
community in violation of the goals and
purposes of this chapter.
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2. Upon petition filed with the city clerk of not
fewer than twenty-five (25) property owners or
tenants or fifty percent (50%) of all of -the
property owners or tenants within a three hundred
(300) foot radius of the subject business, stating
that said business has a significant adverse
impact on the community and is significantly
inconsistent with the criteria for family -oriented
businesses established by this chapter."
"4.74.080 REVIEW PROCEDURE - COUNCIL ACTION
A. Upon receipt of a request for review proceedings, the
city council shall set a date for a public hearing and
direct the city clerk to mail the licensee notice.
B. The city clerk shall send the licensee notice of the
date, time and place of the public hearing by mail to
-the licensee's business address as stated on its busi-
ness license. Notices shall also be mailed to those
persons whose name and address appears on the petition,
if such was filed.
C. After the public hearing, the city council may revoke
the business license on any of the following grounds:
1. The licensee has made a materially false, incomplete
or misleading statement in any application for the
business license or in the Community Impact
Statement.
2. The nature of the business and/or the character of
the surrounding area has so changed such that the
business will have a significant adverse impact
upon 'the community and will be significantly
inconsistent with the purposes of this chapter.
3. There are material violations of zoning, subdivi-
sion, building, plumbing, mechanical or fire codes
of the city.
4. The licensee has failed or refused to comply with
any mitigating measures or conditions imposed by
the council.
5. Conducting activities other than as described in
the Community Impact Statement."
"4.74.090 Penalties
Any person violating any provision of this chapter shall be
guilty of a misdemeanor, and, upon conviction therefor, be
punished as specified in Section 5.45.020 of the Edmonds
City Code."
"4.74.100 Severabilit
If any section, subsection, sentence, clause, phrase or word
of this chapter should be held to be invalid or unconstitu-
tional by a court of competent jursidiction, such invalidity
or unconstitutionality thereof shall not affect the validity
or constitutionality of any other section, subsection,
sentence, clause, phrase or word of this chapter."
Section 2. This ordinance will be in full force and
effect five (5) days after its passage and publication by
posting as provided by law.
APPROVED:
MAYOR,HARRISON
ATTEST/AUTHENTICATED:
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CITY CLERK, IREN VARNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
134
FILED Wtq3 THE CITY CLERK: September 18, 1980
PASSED BY THE CITY COUNCIL: October 7, 1980
POSTED: October 8, 1980
EFFECTIVE DATE: October 13, 1980
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AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON
ss:
COUNTY OF SNOHOMISH
IRENE VARNEY MORAN
, being first duly sworn
on oath deposes and says that she is over the age of eighteen (18)
years and is competent to testify as to the matter stated herein.
There is no official newspaper or other newspaper printed and
published within the City. In accordance with RCW 35A.12.160, on
the 8 day of
October
, 1980, affiant posted true and
correct copies of the attached Ordinance No. 2167, passed by the
City Council on the 7 day of
October
, 19 80 , at the
official posting places for City notices which are the public
bulletin boards at the following locations:
Edmonds Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Public Library
Civic Center, 250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Branch of United States Post Office
201 Main Street
Edmonds, Washington 98020
DATED this 8 day of October , 19-M.
SUBSCRIBED AND SWORN to before me this day of
190.
Wtare Public in and for the
State hington residing
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