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Ordinance 27400006.040.034 WSS/klt 10/19/89 ORDINANCE NO. 2740 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROVIDING FOR THE VESTING OF RIGHTS FOR APPLICANTS FOR DEVELOPMENT SUBJECT TO ARCHITECTURAL DESIGN BOARD REVIEW WHO WERE IN PROCESS AT THE DATE OF ADOPTION OF ORDINANCES NO. 2721, 2724, AND 2725 AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, RCW 19.27.095 provides for the vesting of zoning and building code rights as of the date a fully complete building code application is filed with the City and directs the City to adopt a definition of fully complete application; WHEREAS, the City of Edmonds has, for certain developments other than single family developments, a requirement of Architectural Design Board review; and WHEREAS, the Council finds that the process of Architectural Design Review is a lengthy, detailed analysis of many elements of a development and requires a significant investment of developers of a project; WHEREAS, the Council finds that the adoption of the 1988 Fire and Building codes by ordinance 2725 and the adoption of specific sprinkling requirements as a result of the adoption of ordinances 2721 and 2724 change significant development requirements; and WHEREAS, two developers subject to the new sprinkling requirements were in the process of Architectural Design Board review but had not yet filed fully complete building code applications; and WHEREAS, the City Council deems it appropriate to vest rights and obligations under the Edmonds Community Development Code and the 1985 state building code as adopted and amended by WSS518180 -1- the City of Edmonds because such applicants have, by their detailed presentations and sincere efforts to comply with the City's Architectural Design Board review process provided sufficient information to determine the category of the proposed developments under the principals established by the Zoning and Building codes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. All applicants who were pursuing Architectural Design review under a complete and valid applica- tion for which all appropriate fees had been paid prior to July 14, 1989, and who culminate that process by receiving final Architectural Design Board approval for the proposed development and file a fully complete building code application by July 14, 1990, are and shall be vested in all rights and obligations established under the provisions of the Edmonds Community Development Code as the same existed on July 14, 1989, and the provisions of the State Building Code, more specifically the Uniform Building Code and Uniform Fire Code, 1985 editions, as previously adopted and amended by the City of Edmonds in Title 19, without respect to the amendments adopted by Ordinances 2721, 2724, and 2725. Section 2. Nothing herein shall be interpreted to exempt any development from the requirements of compliance with the State Environmental Protection Act (SEPA) as adopted by the City of Edmonds nor to exempt any proposal from any future enact- ment adopted by the Edmonds City Council which, because of its intimate relation to the public health, safety and welfare, commonly known as life, safety requirements, would otherwise be exempt from vesting and grandfathering rights. Section 3. In the event that any applicant as described in Section 1 fails to culminate vesting rights with the WSS51818O -2- filing of a fully complete building application within the time set, all vesting rights granted hereunder shall be at an end. Section 4. 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: F - /W' 0 � �' &5 g � - MAYOR, LAUGHTEN ATTEST/AUTHENTICATED: IT CLERK, JA QUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY j FILED WITH THE CITY CLERK: October 19, 1989 PASSED BY THE CITY COUNCIL:October24, 1989 PUBLISHED: October 29, 1989 EFFECTIVE DATE: November 3, 1989 ORDINANCE NO. 2740 WSS518180 -3- STATE OF WASHINGTON, COUNTY OF SNOHOMISH, +hr I4J—j2Z� Qnucff,l?g ❑` Pnc ntle. uruv+d[,s nb ta�rew> II A14 BkC11NRN4f: OF --HE .ClTy OF '•FD.n4g�.os.. .NYASMNCTCN CDOV INC, s6- T1-I!'. Ai 11NG 'flr .p.G}it5"FQk 'Al>'dLi e7N 5 F TO hR('.H1'ldT ' SU6JCtT TO❑RCHITEC•- TIJkA,. ❑E51C•N BOARD R�VBEW wH6 WCkF ,N PpOE>:55 47 }.HF 34TE ❑F 4DDPTIgN OF. OROWANCES i7. rV. 2724. "0 7'75 aN6 4 FOONG A TIME•' W"EtJ-VU)' SAME SHeLL 13S OME EF3�EC'}IVE. The_IUII te[t o[ Phis ❑ dl,1O,+Ir WIII IM MWIN tIP4h Pq C)F,T�(} fhll 7ai.lj; • ! 1A�fy,JLI. NE [, Clfw[:lerk �IHgfi Puhusnrd Ue,00cr 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 ........................................ S.ti.mmj�jry.__of.._Ordinance No. 2740 ................. ................ 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: _Octo•ber 29•,_...........................8................. and that said newspaper was regularly distributed to its subscribers during all of said period. Clerk Subscribed and sworn to before me this..............3 h day of.............9ct 9" .......... /.:.............., 19... 89 r Notary ub is in an fo the State of Washington, resid" g Everett, Snohomish County. B-2-1