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Ordinance 28850006.150.104 JDW/naa 06/11/92 ORDINANCE NO. 2885 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 2 OF ORDINANCE NO. 2874, THE INTERIM CRITICAL AREAS AND RESOURCE LANDS ORDINANCE OF THE CITY, TO CLARIFY THE VESTING PROVISIONS OF SAID ORDINANCE TO VEST SUBDIVISIONS AND PLATS WHICH HAVE UNDERGONE SEPA REVIEW AND RECEIVED FINAL APPROVAL DURING THE YEAR PRIOR TO THE EFFECTIVE DATE OF ORDINANCE NO. 2874, TO WIT: PRIOR TO MARCH 27, 1992, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, it was brought to the City Council's attention that certain types of development approval have inadvertently been subjected to the provisions of the Interim Critical Areas and Resource Lands Ordinance, and it was the Council's intent that the identified development proposals not be subject to said Ordinance, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 2 of Ordinance No. 2874 is hereby amended to read as follows: Section 2. (A) Development proposal applications which were complete with all fees paid and filed with the City on or before March 2, 1992, shall be vested under then existing City ordinances for the life of such applications. The rights vested are limited to the specific development proposal and/or activity detailed in the application except as provided for below. For example, an application for subdivision approval shall vest rights with respect to the division of land, but all future building, grading or -1- JDW22585.10/0006.150.104 other development activity proposal for each individual lot shall comply with the law in effect at the date a completed building permit application is received. Due to the complexity of architectural design review and the lengthy and costly nature of the application process, the Council hereby provides that architectural design review applications which were complete and under consideration on March 2, 1992, shall vest such applicants with the right to complete the particular development proposal under the substantive provisions of City ordinance in effect on March 2, 1992, and to obtain all necessary building, grading and other development permits necessary to complete the application if, but only if, a fully completed building permit application with respect to the proposal is submitted within one year of the date written notice of final approval was mailed to the applicant. B. Divisions of land and plats which have undergone SEPA review and received final approval during the one-year period prior to the effective date of Ordinance No. 2874, to wit: the period one year prior to March 27, 1992, shall be deemed vested and applications for building permits for construction on said lots shall be vested and shall not be required to undergo further review for compliance with the provision of the Interim Critical Areas and Resource Lands Ordinance. Section 2. 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 unconstitu- tionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. 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 (5) days after passage -2- JDW22585.10/0006.150.104 and publication of the ordinance or a summary thereof consisting of the title. APPROVED: ITemv0110.I/ ATTEST/AUTHENTICATED: 4T�Y CLERK, RHONDA J. MARCH APPROVED AS TO FORM: OFFICE O THE CITY ATTORNEY: BY FILE WITH THE CITY CLERK: June 11, 1992 PASSED BY THE CITY COUNCIL: June 16, 1992 PUBLISHED: June 21, 1992 EFFECTIVE DATE: June 26, 1992 ORDINANCE NO. 2885 —3— JDW22585.10/0006.150.104 SUMMARY OF ORDINANCE NO. 2885 of the City of Edmonds, Washington On the 16th day of June , 1992, the City Council of the City of Edmonds, passed Ordinance No. 2885 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 2 OF ORDINANCE NO. 2874, THE INTERIM CRITICAL AREAS AND RESOURCE LANDS ORDINANCE OF THE CITY, TO CLARIFY THE VESTING PROVISIONS OF SAID ORDINANCE TO VEST SUBDIVISIONS AND PLATS WHICH HAVE UNDERGONE SEPA REVIEW AND RECEIVED FINAL APPROVAL DURING THE YEAR PRIOR TO THE EFFECTIVE DATE OF ORDINANCE NO. 2874, TO WIT, PRIOR TO MARCH 27, 1992, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. request. The full text of this Ordinance will be mailed upon DATED this 17th day of June , 1992. —)a4461 a, /&d CITY CLERK,fRHONDA J. MARCH STATE OF WASHINGTON, COUNTY OF SNOHOIVISH, � TTY or tamonas, passed Ordinance No. 2985. A summary of the content of said ordinance consisting of. the Title, provides as follows: CLARIFY PROVISION ORDINANCE VISIONS ANi HAVE C RF_VIEWUNA FINAL APP THE YEAR EFFECTIVE ORDINANCE PRIOR TO f AND FIXING THE SAME The full text of this Ordinance will be mailed upon request. DATED this 17111day of June, 1992. RHONDA J. MARCH City Clerk Published: June 21 1999 Ss. Affidavit of Publication 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 ........................................ ........ Srry....Qf_ Ordinance_ No. 2885 .................................................................. .........City. of ..Ec�nonds .......................................................... ... ... ... . . ...................... 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: Jlll1e...2................................................................................................ ................................................... .............................. and that said newspaper was regularly distributed to its subscribers during all: of said period. ' t ..................................' ,. Principal Clerk Subscribed and sworn to before me this ......... 24tt day of ................... �XiK 'I .............L:................ f :ar: :- j.................................................. ...... Notary Public in and.f of Washington, residing at Everett, • l/ I ii . B-2-I