Ordinance 30430006.150.016(A)
PAO /bj s
09/08/95
ORDINANCE NO. 3043
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ESTABLISHING, PURSUANT TO THE
AUTHORITY GRANTED BY RCW 36.70A.390, A SIX -MONTH
EXTENSION OF AN EXISTING MORATORIUM DUE TO
EXPIRE ON OCTOBER 4, 1995 ON THE PERMITTING OR
APPROVAL OF ANY ANTENNA OR TOWER STRUCTURE
FOR THE USE IN CELLULAR TELEPHONE ACTIVITIES,
EXEMPTING ANY RECEIVING OR TRANSMITTING
ANTENNA STRUCTURE REGULATED BY THE FCC AND
WHICH THE CITY IS PREEMPTED FROM REGULATING,
AND FIXING A TIME AND THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the City Council Staff enacted Ordinance No. 3017 on April 4, 1995
declaring a six -month moratorium, due to expire on October 10, 1995, on the permitting or
approval of any antenna or tower structure for the use in cellular telephone activities, exempting
any receiving or transmitting antenna structure regulated by the FCC and which the City is
preempted from regulating, and
WHEREAS, the City Council appointed an ad hoc advisory commission regarding
cellular tower transmission under Section 2 of Ordinance 3017 to make a report to the City
Council on or before the 6th day of June, 1995, and
WHEREAS, said ad hoc advisory commission has not been able to formulate
recommended regulations by the 6th of June, 1995 or even the expiration date of the moratorium
111175.1 -1-
due to the complexity of the issues involved and the controversial nature of the subject despite
having diligently met on a weekly or by- weekly basis, and
WHEREAS, the City Council has found, as expressed in its Findings of Fact and
Conclusions of Law in support of this moratorium extension, that an additional six -months is
necessary to adequately prepare an ordinance regulating the subject of this moratorium, and
WHEREAS, the City Council held a public hearing on September 26, 1995, as
required by RCW 36.70A.390, and entered findings of facts and conclusions of law supporting
an extension of the cell tower moratorium, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1 Under the terms of RCW 36.70A.390, Edmonds Ordinance No. 3017
is to expire on October 4, 1995. Said expiration date is hereby extended to April 4, 1996
pursuant to RCW 36.70A.390.
Section 2. 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,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 3. Effective Date. 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 an approved summary thereof consisting of
the title.
111175.1 -2-
APPROVED:
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ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
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FILED WITH THE CITY CLERK: 9/21/95
PASSED BY THE CITY COUNCIL: 9/26/95
PUBLISHED: 9/29/95
EFFECTIVE DATE: 10/04/95
ORDINANCE NO. 3043
111175.1 -3-
09/26/95 TUE 10:42 FAX 206 447 0215 OGDEN MURPHY WALLACE 0 002
SUMMARY OF ORDINANCE NO. 3043
of the City of Edmonds, Washington
On the 26th day of _ September, 199 5 , the City Council of the City of Edmonds,
Passed Ordinance No. 3043 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING,
PURSUANT TO THE AUTHORITY GRANTED BY RCW 36.78.390, A SIX -MONTH
EXTENSION OF AN EXISTING MORATORIUM DUE TO EXPIRE ON OCTOBER 4, 1995
ON THE PERMn -17 IG OR APPROVAL OF ANY ANTENNA OR TOWER STRUCTURE
FOR THE USE IN CELLULAR TELEPHONE ACTIVITIES, EXpMPTING ANY
RECEIVING OR 'TRANSMITTING ANTENNA STRUCTURE REGULATED BY THE FCC
AND WHICH THE C1TY IS PREEMPTED FROM REGULATING, AND FIXING A TIME
AND THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 27thday of , September _, 199.
XY • &4'e-"
CITY CLERK, SANDRA S. CHASE
COUNTIES
infrastructure impacts are fully considered and
,ess., ch. 32, § 17, eff. July 16, 1991.
n of private property
eneral shall establish by October 1, 1991, an orderly,
ling a checklist if appropriate, that better enables
governments to evaluate proposed regulatory or
assure that such actions do not result in an unconsti-
property. It is. not the purpose of this section to
)pe of private property protections provided in the
tions.. The attorney general shall review and update
annual basis.to maintain consistency with changes in
that are required or choose z to plan under RCW
icies shall utilize the process established by. subsec-
assure that proposed regulatory or administrative
n unconstitutional taking of private property.
-al, in consultation with the Washington state bar
a continuing education course to implement this
government agencies shall be protected by attorney
in this section grants a private party the right to
zng compliance with the provisions of this section.
ess., ch. 32, § 18, eff. July 16, 1991.
i of designation date
ctend the date by which a county or city is required
lands, forest lands, mineral resource lands, and
36.70A.170, or the date by which a county or city is
inds and critical areas under RCW 36.70A.060, if the
es that it is proceeding in an orderly fashion, and is
to meet these requirements. An extension�may be
e hundred eighty days. The length of an extension
fieulty of the effort to conform with these require-
ess., ch. 32, § 39, eff. July 16, 1991.
rental planning pilot projects
nds to determine whether the environmental review
chapter 4321C RCW may be enhanced and. simpli-
roved, when applied to comprehensive plans mandat-
department of community development shall under -
ronmental review to determine if the review process
.ring more coordination and eliminating duplicative
hich is made to assist decision makers approving
uant to this chapter. Such pilot projects should be
consider cumulative impacts resulting from plan
environmental quality, impacts on adjacent jurisdic-
s in sufficient depth to simplify the analysis of
its being carried out pursuant to the approved plan.
COUNTIES 36.70A.390
(2) The legislature hereby authorizes the department of community develop-
ment to establish, in cooperation with business, industry, cities, counties,, and
other interested parties, at least two but not more than four pilot projects, one
of which shall be with a county, on enhanced draft and final nonproject
environmental analysis of comprehensive plans prepared pursuant to this
chapter, for the purposes outlined in subsection (1) of this section. The
department of community development may select appropriate geographic
subareas within a comprehensive plan if that will best serve the purposes of
this section and meet the requirements of chapter 4321C RCW.
(3) An enhanced draft and final nonproject environmental analysis prepared
pursuant to this section shall follow the rules adopted pursuant to chapter
4321C RCW.
(4) Not later than December 31, 1993, the department of community
development shall evaluate the overall effectiveness of the pilot projects under
this section regarding preparing enhanced nonproject environmental analysis
for the approval process of comprehensive plans and shall: with such
(a) Provide an ,interim report �inclu�gt the need if any, for further
recommendations as may be appropriate,
legislation;
(b) Consider adoption of any further rules or guidelines as may be appropri-
ate to assist counties and cities in meeting requirements of chapter 4321C
RCW when considering comprehensive plans; and
(c) Prepare and circulate to counties and cities such instructional manuals
or other information derived from the pilot projects as will assist all counties
and cities in meeting the requirements and objectives of chapter 4321C RCW
in the most expeditious and efficient manner in the process of considering
comprehensive plans pursuant to this chapter.
(5) The department of community development shall submit a final report to
the legislature no later than December 31, 1995.
Enacted by Laws 1991, Sp.Sess., ch. 32, § 20, eff. July 16, 1991.
36.70A.390. Moratoria, interim zoning controls — Public hearing —
Limitation on length— Exceptions
A county or city governing body that adopts a moratorium, interim zoning
map, interim zoning ordinance, or interim official control without holding a
public hearing on the proposed moratorium, interim zoning map, interim
zoning ordinance, or interim official control, shall hold a public hearing on the
adopted moratorium, interim zoning map, interim zoning ordinance, or interim
official control within at least sixty days of its adoption, whether or not the
governing body received a recommendation on the matter from the planning
commission or department. If the governing body does not adopt findings of
fact justifying its action before this hearing, then the governing body shall do
so immediately after this public hearing. A moratorium, interim zoning map,
interim zoning ordinance, or interim official control adopted under this section
may be effective for not longer than six months, but may be effective for up to
one year if a work plan is developed for related studies providing for such a
longer period. A moratorium, interim zoning map, interim zoning ordinance,
or interim official control may be renewed for one or more six-month periods if
a subsequent public hearing is held and findings of fact are made prior to each
renewal.
This section does not apply to the designation of critical areas, agricultural
lands, forest lands, and mineral resource lands, under RCW 36.70A.170, and
the conservation of these lands and protection of these areas under RCW
28 29
36.70A.390 COUNTIES COUNTIE
36.70A.060, prior-to such actions being taken in a comprehensive plan adopted
under RCW 36.70A.070 and implementing development regulations .adopted
'under RCW 36.70A.120, if a public hearing is held on such proposed. actions.
Enacted by Laws 1992, ch. 207, § 6.
36.70A.400. Accessory apartments
Any local government, as defined in RCW 43.63A.215, that is planning .under
this chapter shall comply with RCW 43.63A.215(3).
Enacted by Laws 1993, ch. 478, § 11. ,
36.70A.410. Treatment of residential structures occupied by per-
sons .with handicaps,
No county or city that plans or elects to plan under this chapter may enact
or maintain an ordinance, development regulation, zoning regulation or official
control, policy, or administrative practice which treats a residential structure
occupied by . persons with handicaps differently than a, similar residential
structure occupied by a family or other, unrelated individuals. As used. in this
section, "handicaps" are as defined in the federal fair housing amendments act
of 1988, (42 U.S.C. Sec. 3602).
Enacted by Laws 1993, ch. 478, § 23.
36.70A.420. Transportation projects — Findings— Intent
The legislature recognizes that there are major transportation projects that
affect multiple jurisdictions as to economic development, fiscal influence,
environmental consequences, land use implications, and mobility of people and
goods. The legislature further recognizes that affected jurisdictions have
important interests that must be addressed, and that these jurisdictions'
present environmental planning and permitting authority may result in multi-
ple local permits and other requirements being specified for the projects.
The legislature finds that the present permitting system may result in
segmented and sequential decisions by local governments that do not optimally
serve all the parties with an interest in the decisions. The present system
may also make more difficult achieving the consistency among plans and
actions that is an important aspect of this chapter.
It is the intent of the legislature to provide for more efficiency and equity in
the decisions of local governments regarding major transportation projects by
encouraging coordination or consolidation of the processes for reviewing
environmental planning and permitting requirements for those projects. The
legislature intends that local governments coordinate their regulatory deci-
sions by considering together the range of local, state, and federal require-
ments for major transportation projects. Nothing in RCW 36.70A.420 or
36.70A.430 alters the authority of cities or counties under any other planning
or permitting statute.
Enacted by Laws 1994, ch. 258, § 1.
Historical and Statutory Notes
Captions not law —Laws 1994, ch. 258: tute no part of the law. [Laws 1994, ch.
"Section captions used in this act consti- 258, § 6.1
36.70A.430. Transportation projects — Collaborative review process
For counties engaged in planning under this chapter, there shall be estab-
lished by December 31, 1994, a collaborative process to review and coordinate
30
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portation I
Enacted by
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STATE OF WASHINGTON,
COUNTY OF SNOHOIKISH,
SUMMARY OF
ORDINANCE NO. 3043
Of the City of
Edmonds, Wayshin%on the h bern199526the City Co nciI of
the City of Edmonds, passed
Ordinance No. 3043. A sum -
i mary of the content of said
ordinance, consisting of the
title, provides as follows:
AN ORDINANCEOF THE
CITY OF EDMONDS, WASH.
INGTON, ESTABLISHING;.
PURSUANT TO' THE
AUTHORITY 'GRANTED.. BY
RCW .36.78.390, A SIX -
MONTH EXTENSION OF AN
EXISTING . MORATORIUM
DUE TO EXPIRE ON OCTO..
BER 4; 1995 ON THE PER.
'ANY IANTEENNAPOROTOWEER OF
STRUCTURE ELLU AR O
NTELEPHONE
ACTIVITIES, EXEMPTING ANY
TRANSMITTING ONA
ANTEN
STRUCTURE REGULATED BY
THE FCC AND WHICH THE
CITY IS PREEMPTED FROM
R
TIME WHEN AND THE FIXING A
'SHALL BECOME EFFECTIVE.
The full text of this Ordi-
nance will be mailed upon
re4Guest.
DATED this 27th day of
September 1995.
SANDOA S. .CHASE
City Clerk
Published:
1995. September 29,
B -2 -1
Affidavit of Publication
RECEIVED
C C T 0 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 ......... ...............................
Summary of Ordinance No. 3043
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:
September 29, 1995
....................................................................................................... ...............................
............ ...................................................... .......................... .........................................
and tha ,said newspaper was regularly distributed to its subscribers
du #ing F 11 of said period.
Principal Clerk
Subscribed and sworn to before me this ..... 29th
d of.......... e .t.embeT. ...... ....J...... 19...9.5.
...................... .......... ....
Notary Public in and for th Stat of Washington,
residing at Everett, Snoh sh unty.
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