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Ordinance 30780006.150.147 PAO /nkr 03/19/96 ORDINANCE NO. 3078 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 19.00 AND TITLE 20 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE FOR SIX MONTHS AS AN INTERIM ORDINANCE PURSUANT TO RCW 35A.63.220, RELATING TO LAND USE AND ZONING, ADOPTING NEW ADMINISTRATIVE PROCEDURES FOR THE PROCESSING OF PROJECT PERMIT APPLICATIONS, AS REQUIRED BY THE REGULATORY REFORM ACT, CHAPTER 36.70B RCW; DESCRIBING GENERAL REQUIREMENTS FOR A COMPLETE APPLICATION; ALLOWING FOR OPTIONAL CONSOLIDATED PERMIT PROCESSING; SETTING A TIME FRAME FOR THE ISSUANCE OF PROJECT _PERMITS; DESCRIBING THE REQUIRED PUBLIC NOTICE PROCEDURES FOR A PUBLIC HEARING; ESTABLISHING A PROCESS OF OPEN RECORD HEARINGS, CLOSED RECORD DECISIONS AND APPEALS; AMENDING JUDICIAL APPEAL PROCEDURES; DESCRIBING THE PROCESS FOR ISSUANCE OF A NOTICE OF DECISION; REQUIRING A PUBLIC HEARING ON THIS ORDINANCE WITHIN SIXTY DAYS FROM ADOPTION; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the Regulatory Reform Act (Chapter 36.70B RCW) requires that the City establish a permit review process which, among other things: (1) provides for the integrated and consolidated review and decision on two or more project permits relating to a proposed act; (2) combines the environmental review process both procedural and substantive, with a procedure for the review of project permits; (3) provides for no more than one open hearing and one closed record appeal on such permits, except for the appeal of a determination of significance; (4) provides for the 1724ord.doc -1- issuance of the City's final decision within one hundred and twenty days after submission of a complete application; and WHEREAS, RCW 35A.63.220 permits the adoption of a six month interim land use ordinance without prior planning board review and public hearing by the City Council if a public hearing on the interim ordinance is conducted within sixty days of the adoption of the ordinance; and WHEREAS, the time saving procedures of the interim ordinance adoption process permitted by RCW 35A.63.220 is necessary for this ordinance in order to facilitate compliance with adoption deadlines imposed by the Regulatory Reform Act, chapter 36.7013 RCW, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Section 19.00.115 is hereby added to the Edmonds Community Development Code to provide as follows: Section 19.00.115 LETTER OF COMPLETENESS 1. Within twenty -eight (28) calendar days of receiving a date - stamped application, the City shall review the application and provide the applicant(s) with a written statement that the application is complete or incomplete, as defined by ECDC 19.00.110. 2. For applications determined to be incomplete, the City shall identify, in writing, the specific requirements or information necessary to complete the application. Upon submittal of the specified information, the City shall within fourteen (14) calendar days issue a letter of completeness or identify what additional information is required. 1724ord.doc -2- Section 2. A new section 19.00.127 is hereby added to the Edmonds Community Development Code to provide as follows: Section 19.00.127 FINAL DECISION A. Time. The final decision on a development project shall be made within one hundred twenty (120) calendar days from the date of the letter of completeness issued under Section 19.00.125. Exceptions to this include: Any time required to correct plans, perform studies or provide additional information, provided that within fourteen (14) calendar days of receiving the requested additional information, the Community Services Director shall determine whether the information is adequate to resume the project review. 2. Substantial project revisions made or requested by an applicant, in which case the one hundred twenty (120) days will begin again from the time that the City determines the revised application to be complete. 3. All time required for the preparation and review of the Environmental Impact Statement pursuant to the State Environmental Policy Act. 4. An extension of time mutually agreed upon by the City and the applicant. 5. All time required for the administrative appeal of a Determination of Significance. B. The acquisition of all necessary discretionary development permits for the project shall be obtained before a building permit application is filed. The building permit application shall be denied if any necessary discretionary permits are required after building permit application. However, building permit approval can be acquired if a discretionary permit is obtained after the building permit application is filed if an extension of the one hundred twenty day (120) deadline imposed under ECDC Section 19.00.127(A) is mutually agreed upon by the City and the applicant in order to provide the applicant sufficient time to acquire the necessary discretionary permits and also to provide the City with sufficient time to consider the building permit application in conjunction with additional requirements and information acquired as a result of the discretionary permit approval(s). 1724ord.aoc -3- Section 3. A new section 19.00.120(D) is hereby added to the Edmonds Community Development Code to provide as follows: D. Building Permit Applications. The applicant may not apply for a building permit for the project identified in an augmented application for architectural design or review until the applicant has received an approval for the augmented permit. Section 4. Chapter 20.10 of the Edmonds Community Development Code is hereby amended as follows: CHAPTER 20.10 ARCHITECTURAL DESIGN REVIEW 20.10.000 PURPOSES In addition to the general purposes of the Comprehensive Plan and the Zoning ordinance, this chapter is included in the Community Development Code for the following purposes: A. To encourage the realization and conservation of a desirable and aesthetic environment in the City of Edmonds. B. To encourage and promote development which features amenities and excellence in the form of variations of siting, types of structures and adaption to and conservation of topography and other natural features. C. To encourage creative approaches to the use of land and related physical developments. D. To encourage the enhancement and preservation of land or building of unique or outstanding scenic or historical significance. E. To minimize incompatible and unsightly surroundings and visual blight which prevent orderly community development and reduce community property values. 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, junk yards, riding academies, kennels and recreational facilities), mobile home and trailer parks, ] 724ord.doc -4- whether all or any are publicly or privately sponsored. Development does not include underground utilities. 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. In the case where a proposed development or change requires additional permits or approvals subject to Project Consolidation as described in Section 20.90.010 (including appeals of SEPA determinations), then any required open record public hearing or approval to be granted by the Architectural Design Board will instead be completed by the Hearing Examiner. 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: 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. Fences that do not require a separate development permit. B. Permits. No city permit or approval shall be issued for any development until the Architectural Design Board has approved the proposed development, except where this Code expressly delegates such approval to the staff or the Hearing Examiner. ford. 2277 §3, 1982.] 20.10.040 OPTIONAL PRE - APPLICATION The applicant may submit the plans required in Section 20.95.010 in preliminary or sketch form, so that the comments and advice of the Architectural Design Board may be incorporated into the final plans submitted for application. 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 1724ord.doc -5- 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. —Ord. 2769 §2, 1990.] 20.10.050 REVIEW PROCEDURE A. Review. The staff shall review the application as provided in Section 20.95.030, and the Community Development Director shall schedule the item for a meeting of the Architectural Design Board. The Architectural Design Board shall review the proposed development at a public hearing, and approve, conditionally approve, or deny the proposal. The action of the Architectural Design Board on a city development shall be a recommendation to the City Council. The Board may continue the meeting on the proposal to allow changes to the proposal, or to obtain information needed to properly review the proposal. See Section 3.13.090 of the Edmonds City Code regarding exemption from Architectural Design Board Review. [Ord. 2971 § 2, 1994]. B. Notice. Public notice by mail, posting or newspaper publication shall not be required except for applications that require an environmental impact statement, in which case notice of the hearing shall be as required by Chapter 20.91. C. Bond. The Architectural Design Board may require that a bond be posted under Chapter 17.10 to ensure the satisfactory installation of site improvements. 20.10.060 FINDINGS The Board shall make the following findings before approving the proposed development: A. Comprehensive Plan. That the proposal is consistent with the Comprehensive Plan and other adopted City policies. B. Zoning Ordinance. That the staff has found that the proposal meets the requirements of the Zoning Ordinance, or the city has approved a variance, or a modification under the Zoning Ordinance. C. Criteria. That the proposal as approved or conditionally approved, satisfies the criteria and purposes of this chapter. 20.10.070 CRITERIA A. Building Design. No one architectural style is required. The building shall be designed to comply with the purposes of this chapter and to avoid 1724ord.doc -6- conflict with the existing and planned character of the nearby area. All elements of building design shall form an integrated development, harmonious in scale, line and mass. The following are included as elements of building design: All exterior building components, including windows, doors, eaves, and parapets. 2. Colors, which should avoid excessive brilliance or brightness except where that would enhance the character of the area. Mechanical equipment or other utility hardware on the roof, grounds or buildings, should be screened from view. 4. Long, massive, unbroken or monotonous buildings shall be avoided in order to comply with the purposes of this chapter, to allow light and air to occupants of the development, and to provide space for landscaping and recreational facilities. All signs should conform to she general design theme of the development. 6. Size and height of buildings should be compatible with the character and existing views of the surrounding area. B. Site Treatment. The existing character of the site and the nearby area should be the starting point for the design of the building and all site treatment. The following are elements of site treatment: 1. Grading, vegetation removal and other changes to the site shall be minimized where natural beauty exists. Large cute and fill and impervious surfaces should be avoided. 2. Landscape treatment should be provided to enhance the building design and other site improvements. Landscape treatment should be provided to buffer the development from surrounding property where conflict may result, such as parking facilities near yard spaces, streets or residential units, and different building heights, design or color. Landscaping that could be damaged by pedestrians or vehicles should be protected by curbing or similar devices. Service yards, and other areas where trash or litter may accumulate, should be screened with planting or fences or walls which are compatible with natural materials. 1724ord.doc -7- 6. All screening should be effective in the winter as well as the summer. Materials such as wood, brick, stone and gravel (as opposed to asphalt or concrete) may be substituted for planting in areas unsuitable for plant growth. 8. Exterior lighting should be the minimum necessary for safety and security. Excessive brightness should be avoided. All lighting should be lowrise, and directed downward onto the site. Lighting standards and patterns should be compatible with the overall design theme. C. Other Criteria. Community facilities and public or quasi - public improvements should not conflict with the existing and planned character of the nearby area. 2. Street furniture (including but not limited to benches, light standards, utility poles, newspaper stands, bus shelters, planters, traffic signs and signals, guardrails, rockeries, walls, mail boxes, fire hydrants and garbage cans) should be compatible with the existing and planned character of the nearby area. Buildings taller than two stories shall be reviewed to determine the extent to which they will block views from surrounding property. Substantial view blockage should be avoided by alternative roof designs or location, or imposition of special height limits. 20.10.075 APPLICATION OF CRITERIA - EXAMPLES Examples of the successful application of the design criteria contained in Section 20.10.070 and/or of the requirements of the Comprehensive Plan are incorporated in a Building Design and Treatment Criteria Interim Guide (Interim Guide) adopted by this reference and incorporated in the provisions of the Edmonds Community Development Code and Chapter 20.10 as fully as if herein set forth. Copies of the Interim Guide are available for review or purchase from the Planning Department of the City of Edmonds. The Interim Guide contains photographs of various residential and commercial structures erected in the City of Edmonds, which comply with the design criteria set forth in the preceding section and the City's Comprehensive Plan. [Ord. 2959 § 1, 1993]. 20.10.080 APPEALS All design review decisions of the Hearing Examiner or Architectural Design Board are appealable to the City Council as provided in Section 20.105.040. 1724ord.doc -8- 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 20.20.050; or (3) anyone testifying on the application at the hearing identified in Section 20.10.050. 20.10.090 LAPSE OF APPROVAL A. Time Limit. Unless the owner submits a fully completed building permit application necessary to bring about the approved alterations, or if no building permit application is required, substantially commences the use allowed within 18 months from the date of approval, Architectural Design Board approval shall expire and be null and void, unless the owner files a fully completed application for an extension of time prior to the expiration date. For the purposes of this section the date of approval shall be the date on which the Board's minutes or other method of conveying the final written decision of the Board as adopted are mailed to the applicant. In the event of appeal, the date of approval shall be the date on which a final decision is entered by the City Council or court of competent jurisdiction. B. Time Extension. 1. Application. The applicant may apply for a one time extension of up to one (1) year by submitting a letter, prior to the date that approval lapses, to the Planning Division along with any other supplemental documentation which the Planning Director may require, which demonstrates that he /she is making substantial progress relative to the conditions adopted by the Architectural Design Board and that circumstances are beyond his /her control preventing timely compliance. In the event of an appeal, the one (1) year extension shall date from the date a final decision is entered in favor of such extension. Fee. The applicant shall include with the letter of request such fee as is established by ordinance. No application shall be complete unless accompanied by the required fee. Review of Extension Application. An application for an extension shall be reviewed by the Planning Official as provided in Section 20.95.050 (staff decision - optional hearing). Section 5. The title to Chapter 20.12 of the Edmonds Community Development Code is hereby amended as follows: LANDSCAPING REQUIREMENTS 1724ord.doe -9- Section 6. Section 20.12.000 of the Edmonds Community Development Code is hereby amended as follows: 20.12.000 SCOPE The landscape requirements found in this chapter are intended for use by city staff, the Architectural Design Board and the Hearing Examiner in reviewing projects, as set forth in Chapter 20.10.010 of the 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. Section 7. Section 20.12.010 of the Edmonds Community Development Code is hereby amended as follows: 20.12.010 LANDSCAPE PLAN REQUIREMENTS The Applicant has the option of submitting a preliminary landscape plan to the Architectural Design Board prior to final approval. - The preliminary landscape plan need not include the detail required for final approval, although areas of Proposed landscaping should be shown. Final project approval cannot be given - until the final landscape plan is submitted and approved. The following items shall be shown on any final landscape plan submitted to the ADB for review: A. Name and address or location of the project. B. All plant material 'identified by botanical and common name - genus, species and variety. (See Section 20.12.015) C. Location of all trees and shrubs to be planted. D. Three sets of landscape plans drawn to a scale of 1 " =30' or larger (e.g., 1 " =201, 1 " =10', etc.). Plan should include a bar scale for reference. See "Checklist for Architectural Design Review" items (on architectural design review brochure) for required number of other plans. " E. Scale of the drawing, a north arrow and date of the plan. F. All property lines, as well as abutting streets and alley. 1724ord.doc -10- G. Locations, sizes and species of existing tress (6 inches in caliper or more) and shrubs. Trees and shrubs to be removed must be noted. Natural areas should be designated as such. H. Any proposed or existing physical elements ( such as fencing, walls, building, curbing, and signs) that may affect the overall landscape. 1. Parking layout, including circulation, driveway location, parking stalls and curbing (see Section 20.12.020(d)). Grading shown by contour lines (minimum five foot intervals), spot elevations, sections or other means. K. Location of irrigation system (see 20.12.020(E), below). Section 8. Section 20.18.020 of the Edmonds Community Development Code is hereby amended as follows: 20.18.020 PRE - HEARING REQUIREMENTS A. Application. In addition to the information required by Section 20.95.010, the applicant for a conditional use permit for a group home shall provide a statement of the impacts that would result from the establishment and operation of the proposed facility, including: 1. A complete description of the facility, its clients and operators, and its proposed operating conditions. 2. An analysis of the need for the proposed facility in the city. 3. A financial statement for the proposed facility. 4. Further information and analysis as required by the Community - Development Director to completely disclose the impacts of the proposed facilities. The Community Development Director shall review the statement for accuracy, completeness and objectivity before releasing it to the public. The hearing on the conditional use permit shall not be held until 30 days after the Director issues the statement. B. Neighborhood Meeting. The Community Development Director (or designee) shall hold a public meeting with any applicant for a group home or other residential social service facility and residents of the neighborhood. Notice of the meeting shall be given as required in Section 20.91.010, except that the distance specified in that section shall be -11- ]724ord.doc changed to 600 feet. The hearing shall be held at least ten days after the issuance of the statement required above but no more than ten days before the conditional use permit hearing. Section 9. Section 20.19.010 of the Edmonds Community Development Code is hereby amended as follows: 20.19.010 CONDITIONAL USE PERMIT REQUIRED When a conditional use permit is required by the provisions of Title 16 relating to the zoning districts, conditional use permit applications for operation of a mini day care shall be processed in accordance with procedures of section 20.95.050 (staff decision - optional hearing), utilizing the criteria set forth in this chapter. In addition to the specific criteria set forth herein, the staff and hearing examiner on appeal, shall also review the application under the criteria and required finding set forth in chapter 20.05 relating to conditional use permits in order to establish that the proposed facility is not deleterious to the immediately surrounding neighborhood nor constitutes a public nuisance. The community development director or his designee, or the hearing examiner on appeal, may impose reasonable conditions on the approval of the conditional use permit for mini day care facilities in order to ensure that the criteria of 20.19.020 are met and that the facility is in harmony with the surrounding neighborhood. Section 10. Section 20.35.020 of the Edmonds Community Development Code is hereby amended as follows: 20.35.020 PRE - APPLICATION REVIEW A. Pre - Application Staff Review. The preliminary plans of the proposal shall be submitted to the Community Development Director for review and comment. This provides an opportunity for the developer to work with the city staff to design a total plan which best meets the goals of the city and the needs of the developer. Such potential problems as drainage, topography, circulation, site design and neighborhood impact should be identified and addressed before the proposal is submitted for formal review. B. Pre - Application Meeting. If the project contains unusual or severe environmental problems or unusual compatibility problems with adjoining properties, the Community Development Director or the applicant may require that a public pre - application meeting be held on the proposal. 1724ord.doc -12- This meeting will allow immediate public response to the proposal as a concept in rough sketch form. The staff may make general recommendations to the applicant. Section 11. Chapter 20.35.040 of the Edmonds Community Development Code is hereby amended as follows: 20.35.040 REVIEW OF PRELINIINARY PLAN A. Review by Architectural Design Board. The Architectural Design Board shall review the proposal using the criteria of Chapter 20.10 and make recommendations to be considered by the Hearing Examiner and included in the Hearing Examiner's recommendation to the City Council. B. Hearing Examiner and City Council Review. The Hearing Examiner shall make recommendations and City Council shall review the proposal under the provisions of Section 20.100.010 and 20.100.030. C. Review Criteria. The Hearing Examiner and City Council shall review the application for conformity with the comprehensive plan, the zoning ordinance, the criteria of the subdivision ordinance, the review criteria of this chapter and shall review the following additional factors: Compatibility with existing and planned land use in the nearby area; 2. Assurances that the Planned Residential Development will be developed as presented in design documents and statements of intent. Section 12. Chapter 20.35.120 of the Edmonds Community Development Code is hereby amended as follows: 20.35.120 REVOCATION OF APPROVAL A. Council Review. If a condition of approval is violated or not met within the time set for its completion, or provisions of this code are violated, the Council may, either on recommendation of the Community Development Department, or on its own motion, set a public hearing, under Chapter 20.91, upon the question of the revocation of the approval and any permits 1724ord.doc -13- granted pursuant to it. After a public hearing the Council, by ordinance, may revoke the approval and any other permits, or may change the terms of the approval. Nothing in this section shall limit the revocation of building permits, issuance of stop orders or other similar procedures authorized by this code. B. Abandonment or Non - completion. If a Planned Residential Development project is abandoned, or is not completed within two years of the effective date of the approving ordinance, or within any extension beyond two years, as provided herein, the approval of the project shall automatically expire and no building permits shall thereafter be issued, renewed or extended. Upon expiration, the undeveloped land may only be developed after a new Planned Residential Development application for such land has been approved pursuant to the procedures and requirements of this Chapter. If no part of the project has been completed, the City Council shall, by ordinance, remove the Planned Residential Development designation from the Official Zoning Map, and revoke the original approval, by ordinance. C. Extension of Approval. First extension: The Community Development Director, pursuant to the procedures of Section 20.95.050 (staff decision - optional hearing), may grant a one -year extension for completion of an approved project, upon a finding that the applicant has made a diligent, good faith effort to complete the project within two years of the approval. Subsequent Extensions: The Hearing Examiner, pursuant to Section 20.100.010(B) of this code, may grant one further extension, not to exceed two years after an extension granted by the Community Development Director, provided the following findings are made: a. The project has not been completed due to causes beyond the applicant's control; b. The applicant has shown a diligent good faith effort to complete the project within the time previously allotted; and C. The project can be built under the Community Development Code in effect at the time of the extension request without significant changes in the design originally approved. 1 7zaora.aoc -14- Section 13. Section 20.40.030 of the Edmonds Community Development Code is hereby amended as follows: 20.40.030 NOTICE Notice of rezone hearings (and text change) before the Planning Advisory Board shall be the same as set forth for proposed amendments to the Comprehensive Plan in Section 20.00.020 for newspaper publication, and pursuant to Section 20.91.010. Section 14. Section 20.55.020 of the Edmonds Community Development Code is hereby amended as follows: 20.55.020 NOTICE A. Publication. In addition to the requirements of Chapter 20.91, notice shall be given by publication in a newspaper of general circulation in Edmonds at least once a week on the same day of the week for two consecutive weeks. Except as specially provided hereafter in Section 20.55.025, the last day of publication shall be at least 30 days before the first public hearing on the permit. B. Contents. Except as specially provided hereafter in Section 20.55.025, and in addition to the requirements of Chapter 20.91, the notice of the Hearing Examiner shall state that before the first pubic hearing, any person may request a copy of the final action on the permit. The notice shall also contain all information required by WAC 173 -14 -070, or as the same may be amended. Section 15. Chapter 20.60 of the Edmonds Community Development Code is hereby amended as follows: CHAPTER 20.60 SIGN PERMITS 20.60.000 PURPOSE The purpose of this chapter is to enact regulatory measures to implement those goals and policies stated in the Edmonds Comprehensive Policy Plan. 20.60.010 PERMIT REQUIRED 1724ord.doc -15- No sign may be installed or changed without first obtaining approval of the sign's design from the appropriate city authority, unless exempted by this chapter. A sign is a display visible from a public place that is intended to convey a message to the public and /or attract attention to the goods and /or services provided by an enterprise, including wall graphics or identification structures. A change to a sign consists of relocating the sign, changing the color scheme of the sign, or replacing 25% or more of the structural material in the sign area. Normal maintenance and a change of name without changing the color scheme are not changes which require a permit. [Ord. 2277 § 1, 1982.] 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. The Planning Director or designee may refer certain applications to the Architectural Design Board where the proposed sign contains one of the following characteristics: a. The sign is to be freestanding, detached from any buildings or structures; b. The sign will be lighted, or will use light- reflective material; or The proposed sign will be a wall graphic as defined by this chapter. 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. 1724ord.doc -16- 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. 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. Permits for all other.signs may be approved, conditionally approved or denied by the Planning Director, or designee, using the criteria set forth in Chapter 20.10 and the provisions of this chapter, after providing an option for a public hearing (see 20.95.050), and subject to appeal to the Hearing Examiner pursuant to the procedure established in Section 20.105 for appeal of staff decisions. B. Design Review. The City shall use the general policies for design review stated in Chapter 20.10 and the provisions of this chapter to review all signs proposed for a site except those signs approved by the staff pursuant to subsection A of this section. The City shall approve the number, type and location of signs to be permitted using the criteria set forth in Section 20.10.070 of this code, as such criteria relate to signs. C. General Regulations. The sign area is the actual area of the sign visible from any single point of observation. Supporting structures which are a part of the sign display shall be included in the calculation of the sign area. 2. The maximum sign area per business shall be calculated at one square foot of sign area for each lineal foot of the wall containing the main public entrance to the business. The maximum sign area may be divided between attached, freestanding and first -floor window signs. 4. The total area of attached signs on any wall shall not exceed the ratio of one square foot of sign area to one lineal foot of that wall. 1724ord.doc -17- Window signs above the first floor are not included in the maximum sign area of a site, and are allowed to businesses located above the first floor with a maximum area of one square foot of sign area for each lineal foot of window frontage. D. Sign Height. Sign height for attached signs is the vertical distance from the midpoint of the top of the sign to the finished grade. 2. Attached signs shall not exceed fourteen feet in height. 3. The bottom of the sign area of projecting and marquee signs shall be at least eight feet in height, and at least eleven feet if it projects over a vehicular way. The sign area of a marquee sign may not exceed two feet in vertical dimension. When located on a wall or mansard roof, a sign may not extend above the highest point of the wall or roof, or above the eave or drip line of a pitched roof on which it is located. A sign may not be attached above the eave or drip line on a pitched roof. E. Sign Prohibition. No sign or any part of a sign may be designed or constructed to be moving by any means, and shall not contain items such as banners, ribbons, streamers and spinners. Signs with type that is movable to change the message (reader boards) are allowed. 2. No signs shall extend into or over a public right -of -way unless a street use permit has been approved (see Chapter 18.70). Exposed braces and angle irons are prohibited. Guywires are prohibited unless there are no other practical means of supporting the sign. 4. No sign shall have blinking, flashing, fluttering or moving lights or other illuminating device which has a changing light density or color, provided, however, temperature and /or time signs that conform in all other respects to this chapter are allowed. No light source which exceeds 20 watts shall be directly exposed to any public street or adjacent property. 6. No illumination source of fluorescent light shall exceed 425 milliamps or be spaced closer than eight inches on center. 1724ord.doc -18- 7. No sign shall be illuminated after 11:00 PM. unless the enterprise is open for business and then may remain on only as long as the enterprise is open. 8. No window signs above the first floor shall be illuminated. [Ord. 2429 §2, 1984; Ord. 2427, 1984; Ord. 2277 §2, 1982.] 20.60.030 PROJECTING SIGNS MAXIMUM AREA The maximum area of a projecting sign shall be as follows: Zone I Maximum Area of Sign RS, RM Not permitted BN, BC, CW 16 square feet CG 132 square feet 20.60.040 FREESTANDING SIGNS - SPECIAL REGULATIONS A. Policy. Freestanding signs shall be discouraged. Freestanding signs will be approved only if the applicant can demonstrate to the City that no reasonable alternative exists to satisfy the identification needs of the business. B. Area. The maximum area of a freestanding sign shall be as follows: Zone Maximum Area of Sign RS & RM 10 square feet (Residential Development Identification) 3 square feet (Individual Residence Sign) BN 24 square feet (single) 48 square feet (group) BC & CW 32 square feet (single) 48 square feet (group) CG Sign area shall be governed by subparagraph C C. Allowable Sign Area - CG Zone. The total allowable sign area for freestanding signs on general commercial sites shall be 56 square feet or one -half square foot of sign area for each lineal foot of street frontage whichever is greater, up to a maximum of 160 square feet of freestanding sign area. Multiple business sites shall further be allowed an additional 24 square feet of freestanding sign area for each commercial tenant or occupant in excess of one up to a maximum sign area of 160 square feet. Corner lots choosing to accumulate sign area under the provisions of subparagraph E hereof shall be limited to 160 square feet. D. Height. 1724ora.aoo -19- Sign height for freestanding signs is the vertical distance from the highest point of the sign area of its support to the average elevation of undisturbed soil at the base of the supports. 2. The maximum sign height of freestanding signs shall be as follows: Zone I Maximum Height RS, RM I 3.5'(Residential Development Identification) BN,BC &CW 1 14.0' CG 1 25.0' E. Location. Freestanding signs shall be located as close as possible to the center of the street frontage on which they are located. They may not be located on public property. Sites on a corner of two public streets may have one sign on the corner instead of a sign for each frontage. F. Number. Commercial sites, including multiple business sites, shall have only one freestanding sign, unless the site has frontage on two arterial streets, in which case there may be one sign per street frontage subject to the restrictions on area contained within this chapter. All other sites may have only one freestanding sign. G. Landscaping. 1. Each freestanding sign shall have a landscaped area twice the size of the sign area at the base of the sign. The landscaping and sign base shall be protected from vehicles by substantial curbing. 2. The applicant shall provide a landscape performance bond in the amount of 125% of the estimated costs of the landscaping, or $1,000, whichever is more. The bond shall be processed in accordance with Chapter 17.10. [Ord. 2488 §1, 1985; Ord. 2429 §3, 1984.] 20.60.045 WALL MOUNTED SIGNS - GENERAL COMMERCIAL The total allowable sign area for each general commercial establishment for signs attached to a building shall be one square foot of sign area for each lineal foot of building frontage along a public street and /or along a side of the building containing the primary public entrance to a maximum of 200 square feet. The allowable sign area shall be computed separately for each qualifying building frontage, and only the sign area derived from that frontage may be oriented along that frontage. Sign areas for wall mounted signs may not be accumulated to yield a total allowable sign area greater than that permitted such frontage, except that 1724ord.doe -20- businesses choosing not to erect a freestanding sign may use up to fifty percent (50 %) of their allowable freestanding sign area for additional attached sign area. Use of the additional area shall be subject to the review of the Architectural Design Board. [Ord. 2429 §3, 1.984.] 20.60.050 WALL GRAPHIC AND IDENTIFICATION STRUCTURES A. Definitions. A wall graphic is a wall sign in which color and form are part of an overall design on the building. An identification structure is a structure intended to attract the attention of the public to a site, with no use of words or symbols identifying the business. Examples include fountains, sculptures, awnings, and totem poles. [Ord. 2710, 1989.] B. Restrictions. There are no area restrictions on wall graphics or identification structures. 20.60.060 INCIDENTAL SIGNS A. Definition. An incidental sign is one which does not advertise or identify a good, service, or business, and which is provided solely for the convenience of the public. An example is a directional sign for off - street parking. Off -site directional signs for schools, churches, institutional uses, park facilities and /or listing the meeting dates of - community service clubs are considered as incidental signs. [Ord. 2710, 1989.]B. Standards. Incidental signs shall "be sized to accomplish the intended purpose and may not exceed six square feet in area. Incidental signs do not require a sign permit but shall require a street use permit if proposed for location within the public right -of -way and off the premises of the applicant. They shall be consistent with the overall design theme of a site, and shall not result in clutter or confusion. The Architectural Design Board may, at its option, review the incidental sign program for any site and require changes to meet the requirements of this subsection. [Ord. 2488 §2, 1985.] 20.60.065 GROUP SERVICE CLUB SIGNS A. The City, in its sole discretion, may approve the location of a sign grouping information relating to the meetings of service clubs through the street use permit process. It is intended that all such information be located at one or more central locations, with one sign at each location, and that the proliferation of such signs be avoided. The sign shall not exceed eight (8) feet in height and shall have such other dimensions as determined through the street use permit process. The design of the sign shall be subject to Architectural Design Board approval and may include appropriate landscaping. Changes in the sign which meet the general approval of the Board shall not be subject to further review. B. The group sign and any required landscaping shall be maintained by the service organizations whose individual sign elements are on the group 1724ord.doc —21— display. Failure to maintain the sign or its individual elements shall result in the removal of said sign by the City and /or revocation of the street use permit. [Ord. 2710, 1989.] 20.60.070 RESIDENTIAL AREA SIGNS A. Individual Residence Signs. They may contain only the name and address of the resident, may be lighted at all times, and may not exceed three square feet in area. No permit is required. B. Residential Development Identification. These signs are allowed to identify residential developments or neighborhoods containing more than one residential unit. One sign may be installed near each vehicle entrance. No interior lighting is permitted. The requirements of Section 20.60.040 shall be met for freestanding signs. Signs may not exceed ten square feet. One attached sign may be used in lieu of allowable freestanding signs. C. Signs for Conditional Non - residential Uses in Residential Areas. Examples of these uses are churches, professional offices and institutional uses. Signs for these uses shall meet the same standards as Residential Development Identification Signs in subsection B directly above. 20.60.080 TEMPORARY SIGNS A. Definition. A temporary sign is one advertising an event that is occurring or will occur, or a product or service that is available for a short, limited period of time. Temporary signs are not permanently attached to a site and include paper signs and sandwich boards. Trailer signs are specifically excluded from this definition. B. Standards. No permit is required for temporary signs, but they are not allowed to continually advertise goods, services or events on a site; permanent signs shall be used for that purpose. Unless otherwise specified below, no temporary sign shall exceed 10 square feet. C. Business Opening Signs. Maximum duration shall be one month. Maximum area, per site, shall be one square foot of sign area per one lineal foot of wall containing the public entrance into the building. D. Sale Signs. Maximum duration shall be one month. E. Quitting Business, Fire Sale, and Similar Signs. Maximum duration shall be not more than two months. F. Real Estate (For Sale, Sold, or Lease) Signs. Maximum duration shall be seven days after the date of closing. Lease signs shall remain only so long 1724ord.doc -22- as space is available in the building. Maximum area, per site, shall be six square feet and the sign shall be located only on the property for sale. G. Construction Signs. Sign copy shall be limited to information about a building under construction or being remodeled. Maximum duration shall be until construction is completed or one year, whichever is shorter. Maximum area shall be 32 square feet. H. Campaign Signs. Sign copy shall be limited to information about a candidate, political party or public issue involved in a current election campaign. Maximum duration shall be ten days after the election. Campaign signs are permissible on the edge of public rights -of -way (provided they are not hazardous to pedestrian or vehicular traffic) for not to exceed 30 days prior and /or 10 days after the applicable election. Campaign signs may not otherwise be placed on public property and may be removed from public property and rights -of -way without recourse. Maximum sign area shall be eight square feet. I. Seasonal Decoration Signs and Signs Advertising a Public Event. Maximum duration shall be from one month before the event to seven days after the event. There shall be no specific size limitation for these signs. [Ord. 2488, 1985; Ord. 2287 §1, 1982; Ord. 2586, §I, 1986.] 20.60.090 PROHIBITED SIGNS A. General. All signs not expressly permitted by this chapter are prohibited. B. Off -site Signs. Signs which are not directly related to the use or activity operated on the site of the sign are prohibited. C. Hazards. Signs which the Director of Public Works determines to be a hazard to vehicle or water traffic because they resemble or obscure a traffic control device, or because they obscure visibility needed for safe traffic passage, are prohibited. These signs shall be removed if they already exist. D. Confiscation of Prohibited Signs in Public Rights -of -Way. All signs which are located within a public right -of -way and not erected pursuant to a permit or other government approval, are hereby declared to be a public nuisance under the limitations herein expressed. The Planning Director, or designee, in his or her discretion, may remove such signs after the determination that: The sign is permanently affixed or creates an immediate hazard to pedestrian or motor vehicle traffic, and 2. Confiscation is the most reasonable and practical means of abating such nuisance. 1 724ord.doc -23- Any signs confiscated by the City shall be held for ten (10) working days after which such signs may be destroyed or otherwise disposed of The owner of any confiscated signs may recover the same upon payment of a $25.00 fee to cover the cost of confiscation and storage. [Ord. 2488, 1985.] 20.60.100 ADNIINISTRATION A. General. The Community Development Director is responsible for administering and enforcing the provisions of this chapter. He or she shall adopt application requirements for sign permits. Fees shall be as stated in Chapter 15.00. B. Installation Permits. Many signs require installation permits under Chapter 19.45, and may require plan checking fees as well. C. Notice of Violation. Whenever the Planning Director becomes aware of a violation of the provisions of this chapter, the Planning Director shall cause a notice to be sent to the alleged violator informing him or her of the violation, the applicable code section, and a time within which to remedy the violation. The notice shall also advise of the penalties for continued violation of the code as specified in this chapter. If the violation has not been corrected within the time limit specified, the Planning Director shall refer the matter to the City Attorney's Office for institution of appropriate legal action. D. Penalty. Any person violating any provision of this code shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of $25 for each day of continued violation. E. Variances. A variance to any requirement of this chapter may be approved by the Hearing Examiner pursuant to Section 20.100.010(B) (2) of this code. In considering the variance request, the Hearing Examiner shall consider the criteria set forth in Section 20.85.0 10 of this code and the criteria of Section 20.10.070 of this code, as such criteria relate to signs. [Ord. 2427 §1, §2, 1984; Ord. 2242 §1, §2, 1981.] Section 16. Section 20.75.065 of the Edmonds Community Development Code is hereby amended as follows: 20.75.065 PRELINIINARY REVIEW A. Responsibility for Review. The Community Development Director or a designated planning staff member, is in charge of administering the 1724ord.doc -24- preliminary review of all subdivisions and lot line adjustments. The Public Works Director and the Fire Department and other departments if needed, shall participate in preliminary review by appropriate recommendations on subjects within their respective areas of expertise. B. Notice of Hearing. When the Community Development Director has accepted a subdivision for filing, he shall set a date of hearing, and give notice of the hearing as provided in Section 20.91.010, and by the following for a Formal Subdivision. a. One publication in a newspaper of general circulation within Snohomish County pursuant to Chapter 1.03 of the Edmonds City Code and posting notice in three conspicuous places within three hundred feet of any portion of the boundary of the proposed formal subdivision not less than 10 days prior to the hearing. b. Mailing to a city if a proposed Formal Subdivision is adjacent or within one mile of the city's boundary, or the proposed subdivision would use the utilities of the city. Mailing to the county if a proposed Formal Subdivision is adjacent to the city - county boundary. d. Mailing to the State Department of Highways if a proposed Formal Subdivision is adjacent to a state highway right -of -way. The notice must include a legal description and either a vicinity location sketch or a location description in nonlegal language. . C. Time Limits for Staff Review. Staff review shall be completed within 20 working days from the date of filing. D. Formal Subdivision Review. The Hearing Examiner shall review a formal subdivision as provided in Section 20.100.010. E. Short Subdivisions - Staff Review. The Community Development Director shall review a short subdivision as provided in Section 20.95.050 (Staff Decision - Optional Hearing.) F. Lot Line Adjustment - Staff Review. The Community Development Director shall review a lot line adjustment as provided in Section 20.95.050 (Staff Decision - Optional Hearing.) 1724ord.doc -25- G. Appeal of Staff Decision. Any person may appeal a decision of the Community Development Director on a short subdivision or lot line adjustment under the procedure set forth in Section 20.105.030. [Ord. 2379 §2, 1983.] Section 17. Section 20.80.020 of the Edmonds Community Development Code is hereby amended as follows: 20.80.020 ZONING AND PLANNING CHANGES A. Review. Amendments to the following text materials (and where applicable maps, and other incorporated codes or codifications within them) before amendment by the City Council shall first be reviewed by the Planning Advisory Board as provided in Section 20.100.020 using the purposes and criteria set forth in the applicable chapters as the basis for its review and recommendations: 1. Title 15, Comprehensive Plan, except application and permit fees. 2. Title 16, Zoning Districts. 3. Title 17, General Zoning, Regulations. 4. Title 20, Review Criteria and Procedure, excluding: a. Chapter 20.15, Environmental Review (SEPA) b. Chapter 20.70, Street Vacations 5. The Hearing Examiner shall review amendments to the Official Street Map, Chapter 18.50, rather than the Planning Advisory Board. B. Notice. See Section 20.91.010. Section 18. Chapter 20.90 of the Edmonds Community Development Code is hereby amended as follows: CHAPTER 20.90 APPLICATION PROCESS 20.90.000 SCOPE 1724ord.doc -26- The following sections set forth the processes for reviewing development applications and the minimum standards which apply whenever a development approval is required by this title. The individual portions of this title may set additional requirements, such as different periods of time, additional methods of giving notice, and so forth. Unless otherwise noted, the processes and requirements established here are not intended to apply to the review or processing of building permits. 20.90.010 APPLICATION PROCESS A. Application. All applications for development permits or other City approvals required by the Community Development Code shall be submitted on forms provided by the City of Edmonds. All such applications shall include the information required by the appropriate Chapter of the Community Development Code. The Community Services Director or his/her designee may require such additional information as reasonably necessary to fully and properly evaluate the proposal. B. Project Consolidation. The City shall consolidate the review of development applications in order to integrate and avoid duplication or needless delay in the permitting and environmental review process. Applications consolidated in this way shall be considered to be a development project for the purposes of this Chapter. Applications for building permits are exempt from the requirement for project consolidation. 2. Decisions and hearings shall be scheduled so that no more than one open record public hearing is held on all applications received on a development project, and no more than one closed record appeal hearing is held on the same project. In situations where an open record public hearing is required before more than one decision making body for a consolidated project, the decision making body with the broadest decision making authority as determined by the planning manager shall hold the public hearing and shall have sole authority to render a final decision. C. Preapplication Meetings. Applicants for development permits are encouraged to participate in an informal meeting prior to the formal submission of application(s) for City review and approval. The purpose of the meeting is to discuss, in general terms, the proposed development, 1724ord.doc -27- City standards, policies, and design guidelines, the permit process and approvals that will be required. D. Letter of Completeness Within twenty-eight (28) calendar days of receiving a date - stamped application, the City shall review the application and provide the applicant(s) with a written statement that the application is complete or incomplete. 2. A project application shall be declared complete only when it contains all of the following materials: a. A fully completed, signed, and acknowledged development application and applicable review fees. b. A fully completed, signed, and acknowledged environmental checklist for projects subject to review under the State Environmental Policy Act. C. A fully completed, signed, and acknowledged critical areas checklist for projects subject to the Critical Areas Ordinance of the City of Edmonds (Chapter 20.15B of the Community Development Code). The information specified for individual permit approvals under the appropriate chapters of the Community Development Code. e. Any supplemental information or special studies identified by the Community Services Director as authorized by Section 20.90.010.A.1. of this Chapter. For applications determined to be incomplete, the City shall identify, in writing, the specific requirements or information necessary to complete the application. Upon submittal of the specified information, the City shall, within fourteen (14) calendar days, issue a letter of completeness or identify what additional information is required. E. Final Decision Time. The final decision on a development project shall be made within 120 calendar days from the date of the Letter of Completeness issued under Section 20.90.010.D. Exceptions to this include: 1 72aora.aoc -28- a. Amendments to the Comprehensive Plan or Community Development Code. b. Any time required to correct plans, perform studies or provide additional information, provided that within fourteen (14) calendar days of receiving the requested additional information, the Community Services Director shall determine whether the information is adequate to resume the project review. C. Substantial project revisions made or requested by an applicant, in which case the 120 days will begin again from the time that the City determines the revised application to be complete. d. All time required for the preparation and review of an Environmental Impact Statement pursuant to the State Environmental Policy Act. e. Projects involving the siting of an essential public facility. f. An extension of time mutually agreed upon by the City and the applicant. g. All time required for the administrative appeal of a Determination of Significance. 1. Effective Date. The final decision of the hearing body or City Council shall be effective on the date stated in the decision, motion, resolution, or ordinance. Section 19. A new Chapter 20.91 is hereby added to the Edmonds Community Development Code as follows: CHAPTER 20.91 PUBLIC HEARINGS AND NOTICE 20.91.000 SCOPE The following sections set minimum standards which apply whenever a Notice of Development Application or public hearing is required by this title. The individual portion of this title may set additional requirements, such as different periods of time, additional methods of giving notice, and so forth. 20.91.010 PUBLIC NOTICE 1724ord.doc -29- A. Notice of Development Application. The Notice of Development Application shall include but not be limited to the following: 1. Name of the applicant. 2. Date of application, date of the letter of completeness, and date of notice of development application. 3. Location of the project, including vicinity map. 4. Project description. 5. Requested permits and approvals, and identification of other permits not included in the application to the extent known by the City. 6. Requested studies. 7. Location of application materials for public review, including any existing or required environmental documents. 8. The public comment period, being not less than fourteen (14) nor more than thirty (30) calendar days from the date of the notice. 9. City contact information. 10. The time, place and date of the public hearing, if a hearing has been scheduled. 11. A statement that the decision on the application will be made within 120 days of the date of the letter of completeness. B. Notice of Public Hearing. The notice of public hearing shall contain at least the following: A general description of the project or proposal. When a Notice of Application is required, the elements of the notice as described under Section 20.91.010.A shall also be included in the Notice of Public Hearing. 2. A nonlegal description or map of the location of the property including the street address if there is one. For Formal Subdivisions see Section 20.75.065. The time, place and date of the hearing. 4. The place where further information is available. A statement that oral comments at the hearing may be subject to a time limit, and an invitation to submit written comments before the hearing, or oral comments at the hearing. C. Notice Procedures. Within fourteen (1.4) calendar days of issuing a letter of completeness under Chapter 20.90.010.13, the City shall issue a Notice of Development Application. The City shall provide notice according to the procedures set forth in Section 20.9 1.01 O.C.3. 1724ord.doc -30- 2. The City shall give notice of public hearing at least 10 working days before the hearing date. The City shall provide notice according to the procedures set forth in Section 20.9 1.01 O.C.3. 3. Except as specifically stated in Section 20.91.010.C.4 below, public notice shall be provided as follows: a. Mailings to: (1) Applicant and owner of the property involved. (2) Owners, as shown on the records of the County Assessor, and to street addresses of property located within three hundred (300) feet (except in the case of Group Homes, see Chapter 20.18) of the property involved in the proposal. [Ord. 2919 §1, 1993]. b. _ Posting. Notice shall be posted at conspicuous places on or near the property involved in the proposal. The staff shall either post three notices at or near the site or erect a large on- premises sign, conspicuously placed in a prominent location on the property, whichever shall, in the sole opinion of the staff, provide the public with the best notice of the proposed action. The on premises sign shall be erected by the City and shall be in a format as developed by the Community Development Director. The prorated cost of the sign and a fee for erection shall be charged to the applicant as an addition to any charge or fee imposed by ECDC Title 15. The on- premises sign shall be an incidental sign within the meaning of ECDC 20.60.060(A) erected for the convenience of the public and shall not be deemed an illegal use in any zone nor shall it impact any existing sign package relating to any site. [Ord. 2726, 19891 C. Publication. Notice shall be published at least once in the official newspaper of the City, if one has been designated, or in a newspaper of general circulation. 4. Notice procedures for the below matters shall be as follows: a. Rezones (Amendment to Official Zoning Map), see newspaper publication pursuant to Section 20.40.030. In addition notice shall be given by: (1) Posting (Subsection 3b above), and -31- 1724ord.doc (2) Mailings (Subsection 3a above); or If more than 100 parcels are involved in a rezone, as an alternative to individually mailed notices, notice may be given by publishing at least one notice as a display ad, at least one - quarter page in size, in a newspaper of general circulation in Edmonds as set forth in Chapter 1.03 at least 10 working days before the hearing. (3) Publication (Subsection 3c above). b. Zoning ordinance text changes (identified in Section 20.80.020), newspaper publication under Section 20.40.030. Further, if the Community Development Director determines that the change is significant enough to warrant extra notice, he or she may also notice the change(s) proposed by newspaper display advertisements as set forth above. C. Comprehensive plan text amendment, newspaper publication under Section 20.00.020. If the Community Development Director determines that the change is significant enough to warrant extra notice, he or she may also notice the change(s) proposed by newspaper display advertisements as set forth above. Comprehensive plan map amendment, newspaper publication under Section 20.00.020. If the Community Development Director determines that the change is significant enough to warrant extra notice, he or she may also notice the change(s) proposed by newspaper display advertisements as set forth above. e. Formal Subdivisions, see Section 20.75.065 in addition to the requirements of this Chapter. f. Street vacations, see Section 20.70.020. g. Shoreline substantial development permits, see Section 20.55.020 in addition to the requirements of this Chapter. [Ord. 2930 §3, 1993]. 20.91.020 PROCEDURE 1724ord.doc -32- A. Staff Report. The staff shall present its report and recommendation, and answer questions from the person or members of the body holding the hearing. B. Public Testimony. The person presiding over the hearing shall declare the public hearing open. The applicant, and /or his representatives, if any, shall speak first. If the hearing is on the application of a person requesting review of an approved permit or an appeal from a staff decision, which is unrelated to an application for a permit, that individual or individuals shall speak first. Following the presentation of the applicant, the appellant, if any, shall be allowed to speak. Then, any interested person may be heard. After all interested members of the public have had a fair opportunity to speak, the applicant shall be given a brief opportunity to respond to or rebut information presented by the appellant or members of the public This opportunity for rebuttal shall not be used to present new information or to address subjects other than issues raised by the appellant and public. After all interested persons have had a fair opportunity to speak, the person presiding over the hearing shall declare the public hearing closed. The person presiding shall then recognize final staff comments, if any, and questions of the council. Any hearing may be continued to obtain information needed for a proper decision, or for other good cause. No further notice of the continued hearing shall be required if the hearing is continued to a set date. C. Relevant Material. A person may speak on, or submit other material on any relevant subject. A subject is relevant if it is related to the elements of the proposal being reviewed, as shown by the required findings or review criteria required by the Community Development Code. The person presiding over the hearing may exclude material which is not shown to be relevant. D. Time Limits. The person or body holding the hearing may impose a reasonable time limit for every person speaking during the hearing. E. Rules of Procedure. The person or body charged with holding public hearings shall adopt, with the concurrence of the City Council, rules of procedure to supplement this section. However, formal rules of evidence or procedure followed in a court shall not be applied to hearings under this section. F. Discussion. The person or body holding the hearings may ask questions of the staff or any other person after the hearing is closed. However, if any new material is raised by these questions, or if any new material is discussed, the public hearing may be reopened for comment on the new material. New material is material not discussed before or during the public testimony portion of the bearing. 1724ora.aoc -33- G. Decision. The decision shall be made after the hearing. For the Hearing Examiner, Community Development Director and other staff, the decision shall be made within 10 days of the day the hearing was closed. The decision shall be based on the relationship of the proposal to the standards, criteria and findings of the Community Development Code. The report (or minutes) of the decision shall also include findings and conclusions. A decision arrived at by the Hearing Examiner or Community Development Director or other staff shall be reported in writing promptly to the applicant, appellant, if any, and any other person requesting a copy of the decision. H. Records. The City Clerk shall keep a permanent record of all public hearings held under the Community Development Code. Summary minutes and a tape recording of the hearings shall be sufficient record. The Community Development Department shall keep the permanent record of all exhibits, staff reports and so forth, on each proposal. Section 20. Chapter 20.95 of the Edmonds Community Development Code is hereby amended as follows: CHAPTER 20.95 APPLICATION AND STAFF REVIEW 20.95.000 SCOPE This chapter establishes the staff review procedure for all permits or approvals required by Title 20. 20.95.010 APPLICATION A. Filing. All applications shall be filed with the Community Development Director, unless a state statute specifies otherwise. The Community Development Department shall provide a needed application form. Application fees shall be as set in Chapter 15.00. B. Required Information. The applicant shall provide the information from the following as prescribed by the Community Development Director: 1. Applicant's name and address. 2. Owner's name, address, proof of ownership, and written consent if the applicant is not the owner (owner's consent not required for noncontract rezones). 1724ord.doc -34- If a public hearing is required or optional, a list of the names and mailing addresses, as shown on the records of the County Assessor, of the owner of property and the street addresses of the property which is within 300 feet of the boundaries of the project site, or the distance set forth more specifically in the applicable chapter, such as Section 20.18.020 (Group Homes). A site plan, to scale, showing the proposed layout of structures and other site development. Architectural drawings, to scale, of all exterior elevations, and signs, with exterior surfaces and colors specified. A landscape plan, to scale, preferably combined with the site plan, showing all existing and proposed vegetation including vegetation to be removed, as well as fences, walls, walks and so forth. The applicant shall clearly specify on the plans, or in a separate written statement, how the proposed development meets the requirements of this title. Further information required by the portion of the Community Development Code that governs the type of application. Further information required by general rules adopted by the Community Development Director, and information required by the Community Development Director to properly review an individual application. 10. Further information required by the staff, Hearing Examiner or City Council. 11. A release of the city from all damages arising from any action or inaction of the city based on false, misleading or incomplete information furnished by the applicant, or other members of the public. 12. The location by address and legal description of the site. 13. Permission for city staff to inspect the site. C. Date of Filing. The Community Development Director shall review all applications and accept for filing only those which include all the information required by the City Code directly above. The date of filing shall be the date the application is accepted for filing. When an Environmental Impact Statement or a Proposed Negative Declaration is required, the date of fling shall be the day on which the Final 1724ord.aoc -35- Environmental Impact Statement or Final Negative Declaration is available to the public. D. Initiation. An owner, or authorized agent, may apply for property owned by the owner. The city may begin a rezone, street map change, comprehensive plan change, text change or permit change, by motion of the City Council or Planning Advisory Board, and a street vacation by resolution of the City Council. Any interested party may apply for a rezone on any property. 20.95.020 REVIEW BY OTHER DEPARTMENTS The Community Development Director shall promptly send copies of the application to each department which has requested copies of the type of application that has been filed, and to other departments which may have an interest in the individual application. 20.95.030 STAFF ANALYSIS AND REPORT A. Staff Hearing. If a public hearing is to be held on an application the Community Development Director shall visit the site and prepare a staff report, send a copy of the report to the applicant, and make the report available to the public, at least one week before the hearing. The report shall contain an analysis of the proposal, including a comparison of the proposal to the criteria, standards and findings contained in the Community Development Code for the type of application being reviewed. The report shall also contain proposed general findings, finding of fact and conclusions. If the report recommends approval, it shall also contain recommended conditions of approval. The Community Development Director shall summarize the comments of other departments, incorporate them into the staff recommendation and attach them to the report if the comments are lengthy or complex. B. Hearing Examiner Hearing. If the Hearing Examiner will be holding the hearing, one week before the hearing, the Community Development Director shall provide a copy of the staff report to the Hearing Examiner, along with other information in the application file. C. No Hearing. If no hearing is to be held on the application, the staff may us a summary form or checklist to review the application, wit written conclusions as to whether the proposal meets the standards and criteria of the Community Development Code. This document shall be available for public review. 20.95.040 STAFF DECISION - NO HEARING A. Scope. The following permits and approvals are reviewed under this procedure: 1724ord.doc -36- I . Check of building permits for zoning compliance. 2. Threshold determinations and approval of a draft Environmental Impact Statement under Chapter 20.15. 3. Such other matters as may be specifically referred by City Code. B. Procedure. The Community Development Director shall decide whether to approve, conditionally approve, or deny the application, based on the staff report. The decision shall be in writing, and shall be appealable to the Hearing Examiner under Section 20.100.010. 20.95.050 STAFF DECISION - OPTIONAL HEARING A. Scope. The following permits and approvals are reviewed under this procedure: 1. Extensions of time for subdivisions, conditional use permits, and planned residential developments. 2. Minor changes to a preliminary approval of a subdivision. 3. Lot line adjustments. 4. Home occupations. 5. Joint use of parking. 6. Guest houses. 7. Such other matters as specifically referred by the City Code. 8. Preliminary plats of short subdivisions. 9. Changes to recorded short subdivisions. 10. Conditional use permits for mini day care facility. 11. Such other matters as may be specifically referred by the City Code. B. Procedure. The Planning Director or designee, shall decide whether to approve, conditionally approve, or deny the application based upon the staff report. 1724ord.doc -37- Notice. The Director shall give notice of the decision as specified in Section 20.91.010. The notice shall contain at least the following: a. A general description of the proposal and decision. b. A nonlegal description or map of the location of the property including the street address, if there is one. The place where further information is available. d. The date on which the reconsideration or appeal period ends which shall be no less than ten days from the date of posting. e. A statement that the preliminary decision will become final unless a request for staff reconsideration is filed with the Planning Department on or before the date specified by the notice and that the Planning Director's decision following such reconsideration will become final unless a written appeal is filed with the Planning Department on or before the date specified in the notice of such reconsideration decision. 2. Reconsideration. If a written request for reconsideration or clarification of the staff decision is filed with the Planning Department within ten (10) working days of the posting of the notice required by this section, the staff shall reconsider its decision and either affirm, modify or reverse its initial decision. Notice of the staff s decision upon reconsideration shall be posted as is required for the original decision. If no request for reconsideration is filed within the time period specified in the notice of the staffs original decision, the decision of the Planning Director shall become final. [Ord. 2923 §1, 1993]. Appeal of Staff Decision. If a written appeal is properly filed within ten (10) working days of posting of notice of the staff s reconsideration decision, the application shall be heard by the Hearing Examiner for a final decision, appealable to the City Council. If no protest is properly filed, the decision of the Planning Director shall become final. [Ord. 2923 § 1, 1993]. Section 21. Chapter 20.100 of the Edmonds Community Development Code is hereby amended as follows: 1724ord.doc -38- CHAPTER 20.100 HEARING EXAMINER, PLANNING ADVISORY BOARD AND CITY COUNCIL REVIEW 20.100.000 SCOPE This chapter establishes review procedures for all permits and approvals required by Title 20 which are not reserved for staff action under Chapter 20.95. 20.100.010 HEARING EXAMINER REVIEW A. Scope - Recommendations. The Hearing Examiner shall review and make recommendations to the City Council on the following approvals under this section: Official Street Map changes. Upon authorization of the City Council, hold hearings regarding the final assessment role of any local improvement district or utility local improvement district in accordance with the provisions of Chapter 35.44 Revised Code of Washington as the same exists or is hereafter amended. The provisions of said Chapter regarding notice shall control any conflicting provision of these ordinances. Planned Residential Developments 4. Such other matters as may be referred by the City Code. B. Scope - Decisions. The Hearing Examiner shall review and make final decisions, appealable to the City Council, on the following permits and approvals under this section: Conditional Use Permits except where this code provides for staff approval and Group Homes. 2. Variances. Shoreline Permits. 4. Appeals from staff decisions, such as denials or conditions of public works permit (see Section 18.00.020), temporary parking lots (see Section 17.50.090) and temporary buildings (see Section 17.70.010), etc. 5. Hearings on protests of staff decisions, such as denials or conditions of public works permit (see Section 18.00.020) temporary parking lots (see Section 17.50.090) and temporary buildings (see Section 17.70.010), etc. 1724ord.doc -39- 6. Hearings on draft Environmental Impact Statements. 7. Preliminary plats for Formal Subdivisions. Review of approved permit, see Section 20.100.040. Such other matters as may be referred by the City Code. C. Pre - Hearing. The Hearing Examiner shall review all information in the project file kept by the Community Development Department, including the application, staff report, environmental impact statements, and so forth. The Hearing Examiner shall visit the project site. D. Public Hearing. The Hearing Examiner shall hold a public hearing on each project reviewed in the manner provided in Chapter 20.91. The Community Development Department shall give notice as required by that chapter. E. Findings and Conclusions. Within 10 working days following the conclusions of all testimony and hearings, unless the applicant agrees to an extension of time, the hearing Examiner shall make findings and conclusions, and take action based only on information reviewed under parts C and D of this section, and a visit to the project site after the hearing, if one was made. The findings and conclusions shall explain how the decision or recommendation will carry out and implement the Comprehensive Plan or Edmonds and other Community Development Code. The Examiner shall send a copy of the findings and conclusions to the applicant, the Community Development Department, to any person who requests a copy, and the City Council. The findings and conclusions shall contain any conditions placed on an approval or permits. F. Criteria. The Hearing Examiner shall make findings, reach conclusions and take action in accordance with the findings and criteria contained in the ordinance governing the type of application being reviewed. G. Reconsideration. The Hearing Examiner shall reconsider his decision or recommendation on any matter before him if a written request is filed within ten (10) working days of the date of the initial decision by any person who attends the public hearing and signs the attendance register and/or presents testimony or by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation. Any such reconsideration request shall cite specific references to the findings and /or the criteria contained in the ordinances governing the type of application being reviewed. The Hearing Examiner shall promptly review the reconsideration request and within five (5) working days issue a written response, either approving ] 924ord.doe -40- or denying the request. If the reconsideration request is denied, the ten (10) working day appeal deadline of the Hearing Examiner's decision shall recommence for the remaining number of days. If, upon the review of the request for reconsideration, the Hearing Examiner believes that an error or omission is significant and may alter his or her decision or recommendation, he or she may at his or her discretion: Amend the decision to incorporate any omitted material and /or fact or to correct the error; or 2. Elect to present a brief to the City Council outlining the error or omission and its anticipated impact on his or her decision. [Ord. 2616 §1, 1987]. 20.100.020 PLANNING ADVISORY BOARD REVIEW A. Scope. The Planning Advisory Board shall review, and make recommendations to the City Council, on the following permits and approvals under this section: Rezones (amendments to the Official Zoning Map). Changes to the test of Title 16 and 17 (Zoning Ordinance). Changes to the Comprehensive Plan text map (Title 15), excluding fees. Such other matters as may be referred by the City Code. B. Procedure. The Planning Advisory Board shall follow the procedures of the Hearing Examiner, Section 20.100.010, in making a recommendation to the City Council except site visits are encouraged, but not mandatory. 20.100.030 CITY COUNCIL ACTION ON RECOMMENDATIONS A. Normal Review. The City Council shall consider a recommendation of the Hearing Examiner or Planning Advisory Board at its next available public meeting. The Council may adopt or remand the recommendation at that meeting, provided, however: Street vacations require a hearing by Council as provided in Chapter 20.70. 2. In the case of a local improvement district or a utility local improvement district hearing held in accordance with the provisions of Section 20.100.010(4) and RCW 35.44.070, review the recommendations of the Hearing Examiner and any appeal taken therefrom. Any person aggrieved by the recommendation of i 724ord.doc -41- the Hearing Examiner shall be entitled to a review of the record by the City Council upon the filing of a written appeal from the recommendations of the Hearing Examiner within ten (10) working days of the date of mailing of the Hearing Examiner's final recommendations after disposition of a motion for reconsideration, if any such motion is filed. The Council shall base its decision upon the record established before the Hearing Examiner and may adopt, reject or modify the recommendations of the Hearing Examiner in whole or in part, or may in its discretion remand the matter to the Hearing Examiner for further proceedings, PROVIDED, HOWEVER, that in the event of an appeal, the Council shall hear argument of the appellant based on said record. Adoption by ordinance of a final assessment roll shall commence the appeal period established by RCW Chapter 35.44. These provisions shall control over any conflicting provision and shall be read in conjunction with the requirements of RCW 35.44.190 -270. B. Optional Public Hearing. If the Council wishes to consider any change to the recommendation, the Council shall set a public hearing in the manner provided in Chapter 20.91. After the hearing the Council shall approve, modify, conditionally approve, deny or remand the proposal. In the case of amendment to the Zoning Ordinance (or Map) or Comprehensive Plan (or Map) in the event of a remand the Council shall specify the time within which the Planning Advisory Board shall report back its findings and recommendations to the Council. C. Findings and Conclusions. The council shall state its findings and conclusions to support the decision, based on the required findings and criteria in this code governing the type of application being reviewed, and based on evidence presented at the Council hearing. The city Council action shall be final and shall be put into writing by ordinance, resolution and /or minutes, along with any conditions placed on an approval. [Ord. 2552, 1986; Ord. 2485, 1985.] 20.100.040 REVIEW OF APPROVED PERMITS A. Scope. Any permit approved by the City under the Community Development Code may be reviewed under this section if the conditions of the permit are not being met, the requirements of the City code of Edmonds are not being met, or the permitted activity is causing a nuisance or hazardous condition. A permit includes any City approval under the Community Development Code. B. Initiation of Review. A review under this section may be initiated by: The Community Development Director. irzaora.aoc -42- 2. An approved motion of the City Council. An application, accompanied by the application fee set in Chapter 15.00, of three persons living in separate dwellings located within 300 feet of the site of the allowed activity stating their belief as to how the provisions of subsection A, directly above, have been met. C. Review Procedure. The Community Development Director shall notify the permittee in writing that the permit is being reviewed, list the alleged deficiencies, and specify a reasonable time for the permittee to correct the deficiencies. If the permittee could reasonably correct the deficiencies, but fails to do so within the specified time, the Community Development Director may refer the matter to the City Attorney for criminal or civil enforcement of the City Code, or the conditions of the permit. 3. If the only reasonable ways to correct the deficiencies are for the permittee to cease the permitted activity, or for the City to impose new or changed conditions on the permit, the community Development Director shall refer the matter to the Hearing Examiner for review. 4.' The Hearing Examiner shall hold a public hearing under Chapter 20.91 to review the permit or approval, using criteria required for the original permit, and subsection A of this section. 5. If the Hearing Examiner finds that deficiencies exist, and that they can be reasonably corrected by imposing new or changed conditions on the permit, the permit conditions may be changed. The Hearing Examiner's actions shall be final, unless the original approval required City Council approval. In that case, the Hearing Examiner's action shall be a recommendation to the Council to be considered by the Council under Section 20.100.030. 6. If the Hearing Examiner finds that the only reasonable way to correct the deficiencies is for the permittee to cease the permitted activity, the Hearing Examiner may revoke the permit. The Hearing Examiner's action shall be appealable to the City Council under Section 20.100.010. 7. If the permit is revoked, the permit shall be null and void, and all activity allowed by the permit shall cease 1724ord.aoc -43- Section 22. Chapter 20.105 of the Edmonds Community Development Code is hereby amended as follows: CHAPTER 20.105 APPEALS AND COURT REVIEW 20.105.000 SCOPE This section provides the basic procedure for processing appeals. In the event a portion of Title 20 which governs the decision being appealed sets different specific requirements for periods of time, eligibility of persons to appeal, and so forth, the more specific shall control. 20.105.005 CONSOLIDATION OF APPEALS A. The City shall coordinate all appeals hearings on a single project so that a single appeal hearing can be held. B. For all open record appeal hearings, a final decision on the appeal shall be issued within 90 days of the date the appeal is filed. C. For all closed record appeal hearings, a final decision on the appeal shall be issued within 60 days of the date the appeal is filed. D. Parties to an appeal may agree to extend the time limits described in B and C above. 20.105.010 APPEALABLE DECISIONS A. Staff Decisions. Any person may appeal a decision of staff, on the following matters, to the Hearing Examiner in the manner provided in this chapter. Short subdivisions and lot line adjustments. 2. Home occupations. Interpretations of the text of the Community Development Code. 4. Environmental (SEPA) decisions in accordance with the provisions of ECDC Chapter 20.15A as the same exists or is hereafter amended. [Ord. 2867 § 1, 1992] Permits or approvals required by Title 18 (Public Works). 1724ord.doc -44- 6. Appeals of required dedications of right -of -way and the reconnection charge established under the provisions of ECC 7.10.065. 7. Sign Permits. B. Hearing Examiner Decisions. Any person may appeal a final decision of the Hearing Examiner to the City Council in the manner provided in this section. [Ord. 2676 §2, 1988; Ord. 2591 §1, 1986; Ord, 2374 §3, 1983; Ord. 2277 §4, 1982.] 20.105.020 APPEAL - FILING A. Written Appeal. Appeals shall be written and shall state the following: The decision being appealed, the name of the project applicant and the date of the decision. 2. The name and address of the person appealing, and his or her interest in the matter. 3. The reasons why the person appealing believes the decision to be wrong. 4. Persons to be notified under subsection B below, including correct names and addresses. B. Filing the Appeal. The person appealing shall file the appeal with the Community Development Director within fourteen calendar days after the date of the decision being appealed. If an appeal is properly filed within the time limit, the appealed decision shall be suspended until the appeal has been acted on, and no further development action which was the subject of the decision may be taken. If no public hearing has been held earlier, the person appealing shall also provide a list of property owners as specified in 20.95.0 10 and whom must be notified by the Community Development Department. [Ord. 2269 $1, 1982.] 20.105.030 APPEAL OF STAFF DECISION A. Who May Appeal. Persons entitled to appeal are: 1. the applicant; or 2. anyone who has submitted a written document to the City of Edmonds concerning the application prior to issuance of the staff decision; or 1724ord.doc -45- anyone within 300 feet of the property which is the subject of the application, or who can demonstrate an interest in the action. B. Department Action. The Community Development Department shall promptly: Send a copy of the appeal to the project applicant if the person appealing is not the applicant. Give notice of the hearing as specified in Chapter 20.91. Send a copy of the notice of hearing to the person appealing. 4. Provide a copy of the staff report and decision, minutes of the hearing held on the decision, a response to the appeal, and other relevant documents, to the Hearing Examiner. The project applicant, person appealing and other interested parties shall be notified in writing that the materials are on file and may be reviewed and /or copied at the expense of the person wishing the copies. C. Public Hearing. The Hearing Examiner shall hold a public hearing on the appeal in the manner provided in Chapter 20.91. The Hearing Examiner shall base the decision on the appeal on the same criteria and findings as set forth in this code for the original decision. [Ord. 2584 § 1, 1986.] 20.105.040 APPEAL OF HEARING EXAMINER ACTION A. Who May Appeal. Persons entitled to appeal are: 1. the applicant; or 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 20.100.010; or anyone testifying on the application at the hearing identified in Section 20.100.010. B. Department Action. The Community Development Department shall promptly: Send a copy of the appeal to the Hearing Examiner and to the applicant if the person appealing is not the applicant. 2. Send a copy of the appeal to the City Clerk, along with copies of reports, hearing minutes and any other relevant material that the 1724ord.doc -46- Hearing Examiner has not already sent to the Council as part of his or her decision. C. City Clerk Action. After receiving notice of an appeal of a Hearing Examiner action, the City Clerk shall promptly: Set the meeting on the appeal on a City Council agenda for a date that is within 30 days of the date the appeal was filed. 2. Give notice of the meeting as specified for public hearings in Section 20.91. Send a notice of the hearing to the person appealing. D. City Council Review. The Council shall consider the appeal, including review of the record, in a closed record appeal hearing for the limited purposes identified in RWC 34.05.562(1) and in accordance with the Council's rules of procedure. Except as provided in Section 20.105.040.E, no new evidence or testimony shall be given or received. The parties to the appeal may submit timely written statements or arguments. Review of the record means that the Council shall consider material introduced at the Hearing Examiner hearing, and their personal knowledge, not acquired specifically for the particular hearing other than site visit if any. 2. The Council shall review the proposal using the same criteria and findings set forth in this code for the original decision. The Council shall state its findings and conclusions regarding the appeal. The Council may take either of the following actions: a. Affirm, modify or reverse the action of the Hearing Examiner; or b. Remand the matter back to the Hearing Examiner for further consideration in accordance with Section 20.105.040.E. The decision of the Council shall be final, shall be put into writing, and shall include any conditions placed on an approval. E. Remand. In the event the City Council determines that the public hearing record or record on appeal is insufficient or otherwise flawed, the Council may remand the matter back to the hearing body to correct the deficiencies. The Council shall specify the items or issues to be considered and the time frame for completing the additional work. 1 7zaord.aoc -47- 20.105.050 PROCEDURAL IRREGULARITY No procedural irregularity or informality in the notice, consideration, hearing or development of any matter contained or regulated in the Community Development Code, or any of its elements, shall affect the final decision, or any other action leading to the final decision, unless substantial rights of a person with demonstrable beneficial interests are adversely affected. 20.105.060 PENALTIES The Community Development Code (Titles 15, 16, 17, 18, 19, 20, and 21) is an integral part of the Edmonds City Code, but for convenience of users, copies are separately published for sale and distribution to the public. Any and all violations of any portion of the Community Development Code shall be subject to fine and /or imprisonment as set forth in Chapter 5.50 of the Edmonds City Code. Where civil remedies, such as assessment of costs and liens, are prescribed by the Community Development Code they are not in lieu of criminal penalties, or alternative to criminal penalties, but are sanctions that may be imposed in addition to criminal penalties. ford. 2705, 1989] 20.105.070 COURT REVIEW Any final decision or other final action for which no other direct appeal is specifically provided in the Edmonds City Code and for which all other appeals specifically authorized have been timely exhausted shall be reviewable as provided by state law before the Superior Court of Snohomish County. Any such action shall be filed within twenty one (21) calendar days from any final decision or other final action so to be reviewed. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant. Section 23. A public hearing shall be held on May 21, 1996 regarding this ordinance said date being no later than 60 days after the date of adoption. Section 24. 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. 1724ora.aoo -48- Section 25. Effective Date. This ordinance, being an exercise of a power specifi- cally 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. APPROVED: M Wo t MAYOR, BARBARA ATTEST /AUTHENTICATED : CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FILED WITH THE CITY CLERK: 03/22/96 PASSED BY THE CITY COUNCIL: 03/25/96 PUBLISHED: 03/29/96 EFFECTIVE DATE: 04/03/96 ORDINANCE NO. 3078 1724ora.aoc -49- SUMMARY OF ORDINANCE NO. 3078 of the City of Edmonds, Washington On the 25thday of March , 199 6 , the City Council of the City of Edmonds, passed Ordinance No. 3078 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 19.00 AND TITLE 20 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE FOR SIX MONTHS AS AN INTERIM ORDINANCE PURSUANT TO RCW 35A.63.220, RELATING TO LAND USE AND ZONING, ADOPTING NEW ADMINISTRATIVE PROCEDURES FOR THE PROCESSING OF PROJECT PERMIT APPLICATIONS, AS REQUIRED BY THE REGULATORY REFORM ACT, CHAPTER 36.70B RCW; DESCRIBING GENERAL REQUIREMENTS FOR A COMPLETE APPLICATION; ALLOWING FOR OPTIONAL CONSOLIDATED PERMIT PROCESSING; SETTING A TIME FRAME FOR THE ISSUANCE OF PROJECT PERMITS; DESCRIBING THE REQUIRED PUBLIC NOTICE PROCEDURES FOR A PUBLIC HEARING; ESTABLISHING A PROCESS OF OPEN RECORD HEARINGS, CLOSED RECORD DECISIONS AND APPEALS; AMENDING JUDICIAL APPEAL PROCEDURES; DESCRIBING THE PROCESS FOR ISSUANCE OF A NOTICE OF DECISION; REQUIRING A PUBLIC HEARING ON THIS ORDINANCE WITHIN SIXTY DAYS FROM ADOPTION; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 26th day of March , 199 6 CITY CLERK, SANDRA S. CHASE RECEIVED APR - 1 1%6 Affidavit of Publication EDMONDS CITY CLERK STATE OF WASHINGTON, ss COUNTY OF SNOHOIVLISH, The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper SUMMARY OF ORDINANCE NO. 3076 printed and published in the City of Everett, County of Snohomish, of the City of Edmonds, Washington and State of Washington; that said newspaper is a newspaper of On the 25th day of March, 1996, the City Council of the City of Edmonds, passed general circulation in said County and State; that said newspaper Ordinance No. 30. A summary �nanc0 content of the �tle, has been approved as a legal newspaper by order of the Superior provides as follows: CI ORDINANCE OF THE Court of Snohomish Count and that the notice OF ORDINANCE S WASH- y •---- INGTON AMENDING CHAP- ;TER 19.0 AND TITLE 20 OF (DEVELOPMENT CODEUFOR Summary of Ordinance No. 3078 i' SIX MONTHS AS AN INTERIM ........................................................................ ............................... �ORDINA(JCE PURSUANT TO - RCW 35A.63.220. RELATING TO LAND USE AND ZONING, I ADOPTING NEW ADMINIS- ' TRATIVE PROCEDURES FOR ...........I ............. — ......----..............---.............................................----°-----°---....----- sTHP PROCFRRI N r9 OR PRO- request. DATED 'his 26th day of March, 7996. pit SANDRA S. CHASE y Cle Publisfied: Mrk arch 29, 1998. 8 -2 -t .. ................................................................................................. ....................... ............ 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: March 29, 1996 ..................................................... ........................ • - - - - -• ------------...... ...........--- .....------ - - - - -- ...................................................................... .......................... an t at aid newspaper was regula \ism uted to its subscribers du ' all of said period. ....... :F.�..� ........ .... .... .....----..:............. Principal Clerk Subscribed and sworn to before me this......... 9th dayo ........ .....March.....----.. ...........--- •------ ........., 19.96... ...............6otary ........ ..----Ahty. ......................... Public in and for the Washington, residing at Everett, Snohom 011 .,,1. \ssf 0A1 £y,. e n 0TA,19 ' 7.A 0 0 F W,AS�A\z