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Ordinance 30230006.150.014 PAO /kf /mis 11/18/94 R: 04/13/95jeh ORDINANCE NO. 3023 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, MAKING MINOR MODIFICATIONS TO CHAPTER 20.10 AND CHAPTER 20.12 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE; IDENTIFYING WHO HAS STANDING TO APPEAL DECISIONS OF THE ARCHITECTURAL DESIGN REVIEW BOARD; ESTABLISHING A $100.00 APPEAL FEE; ALLOWING STAFF REVIEW OF PLANT REPLACEMENT AND ROUTINE PLANT CHANGES IN LANDSCAPING WITHOUT ARCHITECTURAL DESIGN REVIEW BOARD REVIEW; ALLOWING FOR REMODELS OF BUILDINGS WITHOUT ARCHITECTURAL DESIGN REVIEW BOARD REVIEW; EXEMPTION OF BUILDING PERMITS FOR DUPLEXES FROM ARCHITECTURAL DESIGN REVIEW BOARD REVIEW; CREATING EXEMPTIONS FROM ARCHITECTURAL DESIGN REVIEW BOARD REVIEW FOR CERTAIN TYPES OF SIGNS, MINOR CHANGES TO PARKING LOTS, AND CONSTRUCTION OF FENCES THAT DO NOT OTHERWISE REQUIRE A SEPARATE DEVELOPMENT PERMIT. WHEREAS, the Edmonds Code Amendment Oversight Committee has reviewed Chapters 20.10 and 20.12 of the Edmonds Community Development Code and has found that various minor modifications are required therein in order to promote a more efficient review process under the Architectural Design Review Board, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DOES ORDAIN AS FOLLOWS: 88166.4 -1- Section 1. Section 15.00.020(A) of the Edmonds Community Development Code is amended by adding the following provision: 15.00.020 APPLICATION FEES The applicable application fee from the following list shall be paid before the permit coordinator may accept any application. Application fees are for city processing services, and are not refundable because an application is denied or modified. The city council may adopt rules providing for the partial refund of application fees for withdrawn applications in relation to the number of hours spent by the city staff in reviewing the application. A. Planning Division. 1. Comprehensive Plan Change: $264.00 23. Appeals to Any Decisions of the Architectural Design Board: $100.00. Section 2. Section 20. 10.010 of the Edmonds Community Development Code is amended by replacing it with the following: 20.10.010 SCOPE This chapter applies to all development, except for permitted primary and secondary uses in RS- Single Family Residential districts and duplexes in RM- Multiple Residential districts. Development means any improvement to real property open to exterior view, including but not limited to buildings, structures, fixtures, landscaping, site screening, signs, parking lots, lighting, pedestrian facilities, street furniture, use of open areas (including parks, junkyards, riding academies, kennels and recreational facilities), mobile home and trailer parks, whether all or any are publicly or privately sponsored. Development does not include underground utilities. 88166.4 -2- Section 3. Section 20.10.020(A) of the Edmonds Community Development Code is amended by replacing it with the following: 20.10.020 APPROVAL REQUIRED A. Development. No person shall start any development, or substantially change any development, until the Architectural Design Board has approved the proposed development or change, except where this Code expressly delegates such approval to the staff. Unless staff determines that the project creates a significant change in the design characteristics of the development, the following development projects are exempt from Architectural Design Board review and subject to approval of staff using the criteria of this chapter: 1. Remodels of buildings that do not result in a changing of the building footprint and that involve materials, forms and repetition of elements consistent with the existing building design. 2. Re- striping and other minor changes to parking lots that do not result in changes to landscaping or a reconfiguration of the lot. Any change resulting in the creation of five or more new parking spaces shall be approved by the Architectural Design Board. 3. Fences that do not require a separate development permit. Section 4. Edmonds Community Development Code Section 20.10.080 is amended by replacing by the following: 20.10.080 APPEALS All decisions of the Architectural Design Board are appealable to the City Council. Persons entitled to appeal are (1) the applicant; (2) anyone who has submitted a written document to the City of Edmonds concerning the application prior to or at the hearing identified in Section 20.10.050; or (3) anyone testifying on the application at the hearing identified in Section 20.10.050. The 88166.4 -3- appeal shall be filed, processed and heard in the manner provided in Section 20.105.040 for appealing decisions of the Hearing Examiner, except that the hearing before the City Council shall be a full new hearing (de novo hearing). The appeal shall be in writing and shall identify the appellant, the appellant's address and the reason for the appeal. Section 5. Section 20.12.000 of the Edmonds Community Development Code is amended by replacing it with the following: 20.12.000 SCOPE The landscape requirements found in this chapter are intended for use by the Architectural Design Board (ADB) in reviewing projects, as set forth in Chapter 20.10.010 of the Edmonds Community Development Code. The ADB shall be allowed to interpret and modify the requirements contained herein, provided such modification is consistent with the purposes found in Chapter 20.10.000 of the Community Development Code. Plant replacement and routine plant changes are exempt from ADB review, but any changes or substitutions in plants is subject to staff review and approval pursuant to a plant substitution list adopted by this reference and incorporated in the provisions of the Edmonds Community Development Code and Chapter 20.12 as fully as if herein set forth. Copies of the substitution plant list will be made available to the public at the Planning Department of the City of Edmonds. Changes in overall landscaping plans, such as changing location of plantings or size of planting areas, are still subject to ADB review and approval. Section 6. Section 20.60.020(A) of the Edmonds Community Development Code is amended by adding the following provision: 20.60.020 GENERAL REGULATIONS A. Staff Approval. The Planning Director, or designee, shall review all applications for sign permits under this chapter, and determine whether the information provided is adequate, to enable full evaluation of the proposed sign. 88166.4 -4- 2. The Planning Director or designee shall refer certain applications to the Architectural Design Board where the proposed sign contains one of the following characteristics: a. The sign exceeds the maximum height, area and /or location standards prescribed by this chapter. b. More than two signs are proposed by the applicant for the site, or the total number of approved signs for that applicant would exceed two signs. C. The proposed sign would be an identification structure as defined by this Chapter. d. The proposed sign would require a Street Use Permit under this Code. e. The proposed sign would be obtrusive, garish or otherwise not consistent with the surrounding neighborhood and may have a significant impact on the community. 3. Notwithstanding the other provisions of this subsection, sign permit applications shall not be submitted to the Architectural Design Board if the proposed sign replaces a previous sign and there is no significant change in the general characteristics of the sign except for content; said general characteristics include but are not limited to size, shape, lighting, location and supporting structure. The permit applications for these signs shall be processed and subject to review in the same manner as other sign permit applications that are not required to be submitted to the Architectural Design Board. Section 7. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, 88166.4 -5- such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 8. Effective Date. This ordinance, being an administrative action, is not subject to referendum and shall take effect five (5) days after publication. APPROVED: am �i �Z:t • . ATTEST /AUTHENTICATED: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: 04/13/95 PASSED BY THE CITY COUNCIL: 05/16/95 PUBLISHED: 05/21/95 EFFECTIVE DATE: 05/26/95 ORDINANCE NO. ' 3023 88166.4 -6- SUMMARY OF ORDINANCE NO. 3023 of the City of Edmonds, Washington On the 16th day of May , 1995, the City Council of the City of Edmonds, passed Ordinance No. 3023 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, MAKING MINOR MODIFICATIONS TO CHAPTER 20.10 AND CHAPTER 20.12 OF THE EDMONDS COhflM UNI TY DEVELOPMENT CODE; IDENTIFYING WHO HAS STANDING TO APPEAL DECISIONS OF THE ARCHITECTURAL DESIGN REVIEW BOARD; ESTABLISHING A $100.00 APPEAL FEE; ALLOWING STAFF REVIEW OF PLANT REPLACEMENT AND ROUTINE PLANT CHANGES IN LANDSCAPING. WITHOUT ARCHITECTURAL DESIGN REVIEW BOARD REVIEW; ALLOWING FOR REMODELS OF BUILDINGS WITHOUT ARCHTTECTURAL DESIGN REVIEW BOARD REVIEW; EXEMPTION OF BUILDING PERMM FOR DUPLEXES FROM ARCHITECTURAL DESIGN REVIEW BOARD REVIEW; CREATING EXEMPTIONS , FROM ARCHITECTURAL DESIGN REVIEW BOARD REVIEW FOR CERTAIN TYPES OF SIGNS, MINOR CHANGES TO PARKING LOTS, AND CONSTRUCTION OF FENCES THAT DO NOT OTHERWISE REQUIRE A SEPARATE DEVELOPMENT PERMIT. The full text of this Ordinance will be mailed upon request. DATED this 17th day of May , 1995. C Y CLERK, RHONDA J. MARCH STATE OF WASHINGTON, COUNTY OF SNOH02VZISH, SUMMARY.OF ORDINANCE NO. 3023 of the City of - Edmonds, Washington On the 16th day of May, 1995, the City Council of the City of Edmonds, passed Or. dinance No. 3023. A summary of the content of said ordi- nance, consisting of the title, W N SEPARATE DEVELOPMENT] PERMIT. The full text of this Ordi- nance will be mailed upon re- quest. DATED this 17th day of May, 1995. RHONDA J. MARCH City Clerk Published: May 21, 1995. B -2 -1 ss. Affidavit of Publication RECEIVED MAY 2 6 1995 EDMONDS CITY CLERK 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 ......... ............................... City.... O -f .... Edmonds ..................................... ................ ................................ . Summary. ... Of.; ................................................................... ............. .................. Ord. #3023 ........................ ... ...................................... ............................... .. .............................. 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 ... 2. 1 ....... 1. 9- 9. 5 ..................................•----...... ................................................ and that sai ewspaper was regularly distributed to its subscribers during a o aid period. . ............................. Principal Clerk 22nd Subscribed and sworn to before me this ............................ day.. Mai' . ... .......... ........ .. ..........i.................... is -9 5 i Notary Public in and for State of Washington, residing at Everett, Snohq 'sh County. r ,i ,f