Ordinance 2374MAE:jt
3/31/83
ORDINANCE NO. 2374
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 20.15 OF THE COMMUNITY DEVELOP-
MENT CODE BY ADDING A NEW SUBSECTION 20.15.050
ADOPTING ENVIRONMENTAL POLICIES, AND SECTION
20.15.120 PROVIDING FOR THE CONDITIONING OR DENIAL
OF PROPOSALS AND APPEALS THEREOF; AND AMENDING
SECTION 20.105.010(A)(4) RELATING TO APPEALS FROM
STAFF DECISIONS.
WHEREAS, the City Council finds that it is in the best
interests of the public that the city specify and clarify its
environmental policies and procedures so as to be consistent with
the State Environmental Policy Act, Chapter 43.21C RCW, now,
therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A new Section 20.15.050 is hereby added to
Chapter 20.15 of the Community Development Code to read as
follows:
20.15.050 POLICIES AND AUTHORITIES
The policies of the State Environmental Policy Act, as expressed
in RCW 43.21C.020 are adopted as the policies of this city by
this reference.
Section 2. A new Section 20.15.120 is hereby added to
Chapter 20.15 of the Community Development Code to read as
follows:
20.15.120 CONDITIONING OR DENIAL OF PROPOSALS
A. Authority
Any governmental action, not exempt and not requiring a
legislative decision, may be conditioned or denied on the
basis of specific adverse environmental impacts that have
been identified in the environmental checklist, environmental
impact statement or any other environmental documents
prepared pursuant to this Chapter and on the basis of the
policies, goals and purposes stated in the Community
Development Code. The decision making official or body shall
state in writing the basis of any denial or condition imposed
for these reasons. This section shall not limit the
authority of the city to condition or deny a proposal or
project for any other reason.
B. Appeals
Except for shoreline permits and variances issued pursuant to
Chapter 20.55 of this code, a decision to condition or deny a
nonexempt governmental action pursuant to this chapter may be
appealed to the Hearing Examiner and then to the City Council
by the procedures of Chapter 20.105 of this code provided
such appeals are in writing and filed within the time periods
specified in such chapter.
Section 3. Section 20.105.010(A)(4) is hereby amended to
read as follows:
4. Threshold determinations and conditioning or denial of
proposals under Chapter 20.15(SEPA).
Section 4. A copy of RCW 43.21C.020 which is adopted by
reference in Section 1 of this ordinance is marked as Exhibit A
and attached hereto; furthermore, the City Clerk is hereby
directed to maintain a copy of such statute on file for public
use and inspection during all regular city business hours.
Section 5. 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 uncon-
stitutionality shall not affect the validity or constitutionality
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of any other section, sentence, clause or phrase of this
ordinance.
Section 6. This ordinance shall be in full force and
effect five (5) days after passage and publication by posting as
provided by law.
APPROVED:
MAYO , H. H. HARRISON
ATTEST/AUTHENTICATED:
CITY CLERK, IRENE ARNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THjE. CITY ATTORNEY:
BY (GO&-Q tD nn o
FILED WIT THE CITY CLERK: March 31, 1983
PASSED BY THE CITY COUNCIL: June 21, 1983
POSTED: June 22, 1983
EFFECTIVE DATE: June 27, 1983
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EXHIBIT A
43.21C.020 Legislative recognitions —Declara-
tion Responsibility. (1) The legislature, recognizing
that man depends on his biological and physical sur-
roundings for food, shelter, and other needs, and for
cultural enrichment as well; and recognizing further the
profound impact of man's activity on the interrelations
of all components of the natural environment, particu-
larly the profound influences of population growth,
high -density urbanization, industrial expansion, resource
utilization and exploitation, and new and expanding
technological advances and recognizing further the criti-
cal importance of restoring and maintaining environ-
mental quality to the overall welfare and development of
man, declares that it is the continuing policy of the state
of Washington, in cooperation with federal and local
governments, and other concerned public and private or-
ganizations, to use all practicable means and measures,
including financial and technical assistance, in a manner
calculated to: (a) Foster and promote the general wel-
fare; (b) to create and maintain conditions under which
man and nature can exist in productive harmony; and
(c) fulfill the social, economic, and other requirements
of present and future generations of Washington
citizens.
(2) In order to carry out the policy set forth in this
chapter, it is the continuing responsibility of the state of
Washington and all agencies of the state to use all prac-
ticable means, consistent with other essential considera-
tions of state policy, to improve and coordinate plans,
functions, programs, and resources to the end that the
state and its citizens may:
(a) Fulfill the responsibilities of each generation as
trustee of the environment for succeeding generations;
(b) Assure for all people of Washington safe, health-
ful, productive, and esthetically and culturally pleasing
surroundings;
(c) Attain the widest range of beneficial uses of the
environment without degradation, risk to health or
safety, or other undesirable and unintended
consequences;
(d) Preserve important historic, cultural, and natural
aspects of our national heritage;
(e) Maintain, wherever possible, an environment
which supports diversity and variety of individual choice;
(f) Achieve a balance between population and re-
source use which will permit high standards of living and
a wide sharing of life's amenities; and
(g) Enhance the quality of renewable resources and
approach the maximum attainable recycling of deplet-
able resources.
(3) The legislature recognizes that each person has a
fundamental and inalienable right to a healthful envi-
ronment and that each person has a responsibility to
contribute to the preservation and enhancement of the
environment. [1971 ex.s. c 109 § 2.]
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 22 day of JUNE ► 1983, affiant posted true and
correct copies of the attached Ordinance No. 2374 ► passed by the
City Council on the 21 day of JUNE ► 1983► 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 22 day of JUNE , 1983
SUBSCRIBED AND SWORN to before me this K day of
n-�— 19
jo�tary Public in and for the
State of Washington, residing
at �-' J -,�V ,w- a�