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Ordinance 2267MAE/lac 1/22/82 ORDINANCE NO. 2267 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, AMENDING SECTION 20.95.060(A) OF THE COMMUNITY DEVELOPMENT CODE MAKING APPROVALS OF CONDITIONAL USE PERMITS FOR HOME DAY CARE AND PRESCHOOLS NOT EXCEEDING SIX CHILDREN A STAFF DECISION WITH HEARING REQUIRED; AND AMENDING SECTION 20.100.010(B) OF THE COMMUNITY DEVELOPMENT CODE TO MAKE REFERENCE TO THIS CHANGE IN REVIEW PROCEDURE FOR SUCH CONDITIONAL USE PERMITS. WHEREAS, the Community Development Code currently requires that the Hearing Examiner review all applications for conditional use permit required when a home day care or preschool use is proposed in a residential zone, and WHEREAS, the City Council finds that home day care and preschool operations involving six or fewer children enrolled at any one time do not require Hearing Examiner review and that the public's interest would be equally served in such cases if these conditional use permits are reviewed and approved, approved with modification or denied by the Community Development Director after a required hearing, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 20.95.060(A) of the Community Development Code is hereby amended to authorize the Community Development Director to hear and decide all applications for conditional use permits for home day care and preschools not exceeding six children as follows: 20.95.060 STAFF DECISION - HEARING REQUIRED A. Scope. The following permits and approvals are reviewed under this procedure: 1. Preliminary plats of short subdivisions. 2. Changes to recorded short subdivisions. 3. Conditional use permits for home day care and preschools not exceeding six children. 4. Such other matters as may be specifically referred by the City Code. Section 2. Section 20.100.010(B) of the Community Development Code is hereby amended to make reference to the amendment as provided in Section 1 as follows: 20.100.010 HEARING EXAMINER REVIEW B. Scope - Decisions. The Hearing Examiner shall re- view and make final decisions, appealable to the City Council, on the following permits and approvals under this section, except where this Code expressly provides that such decision is to be made by the Planning Director. 1. Conditional Use Permits and Group Homes. 2. Variances. 3. Shoreline Permits. 4. Appeals from staff decisions, such as denials or conditions of public works permit (see Section 18.00.020), temporary parking lots (see Section 17.50.090) and temporary buildings (see Section 17.70.010), etc. 5. Hearings on protests of staff decisions, such as denials of conditions of public works permit (see Section 18.00.020), temporary parking lots (see Section 17.50.090) and temporary buildings (see Section 17.70.010), etc. -2- 6. Hearings on draft Environmental Impact Statements. 7. Review of approved permits, see Section 20.100.040. 8. Such other matters as may be referred by the City Code. Section 3. This ordinance shall be in full force and effect five days after passage and publication by posting as provided by law. APPROVED: �.H. HARRISON ATTEST/AUTHENTICATED: CITY CLERK, IRENF#VARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: 13i1 FILED WIM THE CITY CLERK: January 27, 1982 PASSED BY THE CITY COUNCIL February 9, 1982 POSTED: February 10, 1982 EFFECTIVE DATE: February 15, 1982 -3- a AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that s he 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 la day of ,��,,, 19�2, affiant posted true and correct copies of the attached Ordinance No. ,ggZ, passed by the City Council on the _ day of 19,Q, 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 day of,t� , 1. J"tz� Ao�� SUBSCRIBED AND SWORN to before me this lay of 19L'4 Notary Public and o the State of Was gton, r ding at