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Ordinance 27690006.040.034 WSS/klt/tw 10/ 18/89 R:03/20/90 ORDINANCE NO. 2769 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE TO ADD NEW SECTIONS 19.00.110 DEFINING A FULLY COMPLETE BUILDING PERMIT APPLICATION, 19.00.120 PROVIDING FOR ALTERNATIVE VESTING BY AUGMENTED ARCHITECTURAL DESIGN REVIEW APPLICATION, AND 20.10.045 PROVIDING FOR AN ALTERNATIVE ARCHITECTURAL DESIGN REVIEW APPLICA- TION, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, RCW 19.27.095 requires cities to define the term "fully complete building permit application" in order to determine the time when an applicant's rights under the zoning and building codes are vested; and WHEREAS, ECDC Chapter 20.10 establishes an Architectur- al Design Review process for all development except primary and secondary uses in RS-Single Family Residential Districts; and WHEREAS, no person is prohibited applying for a building code permit prior pendency of the Architectural Design Review Council finds that the practical difficulties, costs which may be incurred in the revision plans, call for the establishment of an procedure to provide a method for developers costs and to promote the effectiveness and design review process; NOW, THEREFORE, I y the Code from to or during the process but the particularly the of building code optional vesting to mitigate these acceptance of the THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 19.00 of the Edmonds Community Development Code is hereby amended by the addition of new WSS518170 -1- sections 19.00.110 FULLY AND COMPLETE APPLICATION and 19.00.120 ARCHITECTURAL DESIGN REVIEW --OPTIONAL VESTING to read as follows: 19.00.110 FULLY COMPLETE APPLICATION. In accordance with the provisions of RCW 19.17.095, an applicant's rights shall vest when a fully complete building permit application is filed. A fully complete building permit application is an application executed by all of the owners of the property for which the application is submitted or the duly authorized agents) for such owners, containing each and every document required under the terms of these ordinances and the Uniform Building Code and substantially complete in all respects. It is anticipated that minor changes or revisions may be required and are frequently made in the course of any building application review process, and such minor revisions or changes shall not keep an application from being deemed complete if a good faith attempt has been made to submit a substantially complete application containing all required components. Where required, the application and supporting documents shall be stamped and/or certified by the appropriate engineering, surveying or other professional consultants. A fully complete building permit application shall be accompanied by all fees, including but not limited to building permit fees and plan check fees required under the provisions of this ordinance and the State Building Code. 19.00.120 ARCHITECTURAL DESIGN REVIEW --OPTIONAL VESTING In addition to the vesting rights created by RCW 19.27.095 and ECDC 19.00.110, an applicant for development as defined in ECDC 20.10.010 and subject to Architectural Design Review may, at the applicant's option, file a fully complete augmented Architectural Design Review application (hereinafter "augmented ADB application") and vest rights under the provisions of the Edmonds Community Development Code and the State Building Code as adopted and amended by the City of Edmonds, ECDC Title 19 as then in effect. A. Fully Complete, Augmented Application for Architectural Design Review. An augmented ADB application shall consist of: 1. A complete application for Architectural Design review, executed by each and every WSS518170 -2- property owner of record of the development site or their duly authorized agent(s), accompanied by the following: a. All fees required by ordinance, including impact mitigation fees to be deposited at the time such SEPA requirements become final. b. A site plan showing the current zoning of the development site, the footprint of all proposed structures, the total square footage of the development structures and each separate floor thereof, all set backs required by either the zoning code or state building codes, proposed parking configurations, and entrances and fire exits (if separate). C. Elevation drawings showing the original grade of the site, any proposed altera- tions to grade, the proposed height of the structure and the number of stories. d. A letter executed by all owners of record or their duly authorized agent(s) detailing the proposed use in sufficient detail to determine whether the proposed use complies with the zoning code then in effect and sufficient, in conjunction with the other materials to determine the occupancy classifications of the Uniform Building Code and the Uniform Fire Code as those codes then in effect. e. A building permit application as described in 302 (a) of the State Building Code (UBC) as the same exists or is hereafter amended, and all building permit and plan check fees --provided that the plans required by 304 (b) and (c) of the State Building Code (UBC) and other engineering documents, plans or drawings required by Title 18 of the Edmonds Community Development Code may be submitted within 90 days of final Architectural Design Board approval, or final approval on appeal. B. Vesting. Upon filing of the augmented ADB application, the applicant shall be deemed fully vested in all respects as if a fully complete WSS51817O -3- building permit application had been filed, provided: 1. The burden shall be upon the applicant to supply all material required by the provisions of this section and as necessary to meet the requirements of ECDC Chapter 20.10. The applicant may supplement the original applica- tion in the event an application is deemed incomplete by the designee of the Community Services Director and vesting shall occur only when the application is complete. Failure to supplement an incomplete application within thirty (30) calendar days of the date written notification is mailed, postage paid in the United States mail to the agent specified in the application, shall result in forfeiture of all fees paid and the no vesting right shall attach. 2. The application shall expire along with all rights vested one hundred eighty (180) days following the date of application if final Architectural Design Approval is not received. The Community Services Director's designee may issue an extension for an additional period, not exceeding one hundred eighty (180) days upon a request by the applicant(s) or their agent(s) showing that circumstances beyond the control of the applicant have prevented action from being taken. Such application shall be filled prior to the expiration of the original time period. An extension shall be granted if the Architectural Design Board has not yet considered the application or an appeal thereof is pending. The time periods shall run concurrently with the periods established by Section 304(d) of the State Building Code (UBC) as the same exists or is hereafter amended. No application shall be extended more than once. In order to renew an application after expiration, the applicant shall resubmit all required information and pay a new plan review fee. 3. The applicant shall comply with all provisions of state law and regulation and the Edmonds Community Development Code regarding state WSS51817O -4- environmental review (SEPA). Review periods or delays occasioned by SEPA shall stay the time periods set by this ordinance. 4. Following final Architectural Design approval, the applicant shall file the plans and information required by 304(b) and (c) of the State Building Code (UBC). An additional ninety (90) days shall be extended to applicants for development subject to ECDC Chapter 19.05 relating to building permits within Earth Subsidence and Land Slide Hazard areas. It is anticipated that minor adjust- ments and changes may and are usually required to the plans submitted as a result of the plan check review and administrative process, provided that the following changes shall not be considered "minor," shall forfeit vesting rights, and shall require the filing of a new application: a. Any substantial change not required by the terms of Architectural Design approval; b. Any increase in excess of five percent (5%) in height or total square footage or any change which would change the occupancy classification for the purposes of the State Building Code, particularly the Uniform Building and Fire Codes. 5. If any ADB application is finally denied, the applicant can withdraw the project and the building permit and plan check fees paid shall be returned. Such withdrawal shall be in writing. Failure to withdraw an application prior to the expiration or extension of an application will result in forfeiture of fees as provided in this section and the subparagraphs hereof. 6. Any decision of the City staff regarding the application stated in this section and its interpretation shall be appealable only to the Superior Court of Snohomish County by writ of mandamus and is not subject to the provisions of ECDC Chapter 20.105. C. Vesting Limitation. The rights vested by Sections 19.00.110 and 19.00.120 refer only to zoning and building code rights protected by RCW 19.27.095. WSS518170 -5- These sections shall not be interpreted to create vesting rights not protected by RCW 19.27.095 and shall not be interpreted as a further limitation on the administrative obligations and legislative powers of the City. By way of illustration and not limitation, this ordinance does not limit: (i) The City Council's authority to create local improvement districts; (ii) The City Council's authority to legislate life safety requirements that are not required to recognize existing vested rights; or (iii) Environmental and shorelines review and mitigation procedures. Section 2. The Edmonds Community Development Code is hereby amended by the addition of a new section 20.10.045 relating to AUGMENTED ARCHITECTURAL DESIGN REVIEW APPLICATIONS to read as follows: 20.10.045 AUGMENTED ARCHITECTURAL DESIGN REVIEW APPLICATIONS At the option of the applicant, an augmented ADB application to vest rights under the provisions of ECDC 19.00.120 may be submitted. Such applications may not be submitted in conjunction with the concept review provided for by ECDC 20.10.040. The application shall be processed in all respects as a regular application for review but vesting rights shall be determined under the provisions of ECDC 19.00.120. The Architectural Design Board shall not be required to, and shall not, consider the application of vesting rights or the interpretation of ECDC 19.00.120 and any appeal with respect thereto shall be taken only as provided in that section. Section 3. Section 1 of this ordinance amends and supplements Section 302, 303 and 304 of the Uniform Building Code, 1988 edition or such later edition as may hereafter be adopted by the State Building Code Council. It affects only administrative provisions of the Uniform Building Code and, as such, is not subject to review of the State Building Code Council. WSS518170 -6- 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: l MAYOR, NAUGHTEN ATTEST/AUTHENTICATED: ■ CIT CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY AS C.' FILED WITH THE CITY CLERK: 3/';L0%40 PASSED BY THE CITY COUNCIL: 4/17/90 PUBLISHED: April 22, 1990 EFFECTIVE DATE: April 27, 1990 ORDINANCE NO. 2769 WSS518170 -7- Affidavit of Publication STATE OF WASHINGTON, ss. COUNTY OF SNOHOMISH, S The undersigned, being first duly sworn on oath deposes and says Holm ii that she is Principal Clerk of THE HERALD, a daily newspaper � All Ir�leres . �pi�es "Or ,' yla er=. �' printed and published in the Cityof Everett, Count of Snohomish Cityy ,6 �dmnndsp¢ puhlSsfteO, y , or l slnumhe ed rlu a m1 and State of Washington; that said newspaper is a newspaper of dl '11ppubitismes h706- re � general circulation in said Count and State; that said newspaper _1.hs41+pph '�g70-rarer r v g y rignumog►edYlsrtns of fon' l?A has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ........................................ Ordinance Numbers Correction --------.---2567-------25.70--Changed-. to---2767 — 2770. 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: ----------- May ... ..... 19 90 -- .................--------------------------------------------------------------------------- Monday ------------------------------ ................................ and that said newspaper was regularly distributed to its subscribers during all of said period. j� Principal Clerk Subscribed and sworn to before me this .......... t h dayof...................Mai.................. ........................ 19..90.. ..... r . . N Pub c in and for the State of Washington, si g Everett, Snohomish County. B-2-1 STATE OF WASHINGTON, ss. COUNTY OF SNOHOMISH, M9 On the file ON full lext of this Ordinance mulled upon request. ED this 17fh day of April, CQUELINE G. PARRETT ed IAp N 22, 1"0. 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 ........................................ ...... Summary.-of.Ordinance No. 25.69 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: April ;22, 1990 and that said newspaper was regularly distributed to its subscribers during all of said period. ................... ...:.........,.:..:.:..:..:................-.......... . Principal Clerk Subscribed and sworn to before me this........ 2 t h day of ............. ... ...Apr I 1990 ... ... Not Publi in a for the State of Washington, re ' g at verett, Snohomish County. 8-2-1