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Ordinance 26950006.19012A WSS/j ib RE/12/15/88 ORDINANCE NO. 2695 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 18.50.020(C) RELATING TO MANDATORY DEDICATION OF RIGHT-OF-WAY AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE WHEREAS, the United States Supreme Court has established that the developmental exactions of governmental bodies must be reasonably related to the actual impacts of a particular develop- ment, and WHEREAS, the City of Edmonds has administratively suspended application of the provisions of ECDC 18.50.020 pending its revision, and WHEREAS, the City Council desires to exact development requirements and dedications in light of its constitutional obligations, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 18.50.020(C) Dedication required is hereby amended to read as follows: C. Dedication Presumption and Requirement. Applicants for a subdivision, a planned residential development (PRD), a building permit or other form of development permit shall be presumed to create development impacts upon the street and trans- portation system of the City, if the applicant's property abuts street right-of-way which has not been dedicated to public use or otherwise acquired at the width established by the plan lines adopted by the Official Street Map. WSS510750 - 1 - 1. Such presumed developmental impacts shall, in addition to other mitigation measures which may be required as a result of the SEPA process, conditional use approval or other City review procedure, be mitigated by the dedication of such right-of-way to the City and to public use, provided, however, that the total of all mitigation measures shall not exceed the development impacts of any development. 2. In the event that any applicant believes that the dedication requirement is in excess of that required to mitigate the applicant's actual development impacts, the applicant may appeal the staff decision in accordance with the provisions of ECDC 20.100.010(B)(5). On appeal a dedication shall be required only if: (a) A nexus or connection can be established between the development impacts of the applicant and the proposed dedication; and (b) The value of the property proposed for dedication and all other required or proposed mitigation measures is not in excess of the impacts created by development. In the event that the value of property proposed for dedi- cation is in excess of the developmental impacts, the dedication may be reduced to the level of costs necessary to ameliorate actual developmental impacts, the City Council may, at its sole option pay the difference, or the dedication requirement shall be waived. Section 2. 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 and publication of the ordinance or a summary thereof consisting of the title. APPROVED: WSS51075O - 2 - ATTEST/AUTHENTICATED: CI Y CLERK, JACQUELINE PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY i FILED WITH THE CITY CLERK: December 15 -1988 PASSED BY THE CITY COUNCIL: December 20, 1988 PUBLISHED: December 25, 1988 EFFECTIVE DATE: December 30, 1988 ORDINANCE NO. 2695 WSS51075O — 3 — STATE OF WASHINGTON, COUNTY OF SNOHOMISH, VHUINANCE NO. 2695 Of thof Edmonds, W oshinolon 19 8h the 20h the CITY Council oof f the C[t of Erdmpnds, Passed Ordinance No. 269S. A sunlm[NY of the content of the Hie, pr.GvFd s a !Dhows: AN ORDINANCE OF THE CITY OF EDMONDS WA HINGTp�j .p�6� NpINL; RELATINGTOR Y TQ�SAljAND1A. RIGHT-ODR F.WAYIONPun ber, t of }his Ordlnpnce a1st dnY o 't.em- LINE G. PARRETT :c, 25, 1988. 11J 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 ........................................ ............. Surrm-ry---of-Ordinance..No....2695.................................... ...... ,... .. 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: .............. Dec -ember.. 25„1988....... and that said newspaper was regularly distributed to its subscribers during all of said period. r i Principal Clerk Subscribed and sworn to before me this ..... 25th IPay of .... —DeCI.W ir.................... r:........................y 19........88 : ....................... *. Natar� Public in and, for the State of Washington, residiiv at Everett, Snohomish County, B-2-1