Ordinance 30910006.150.111
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11/20/95
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ORDINANCE NO. 3091
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING SECTION 20.100.020(B) IN
ORDER TO REMOVE A MANDATORY PROJECT SITE VISIT
REQUIREMENT FROM THE REVIEW PROCEDURES OF THE
EDMONDS PLANNING BOARD AND TO AMEND THE
DEADLINE IN WHICH THE BOARD MUST ISSUE A FINAL
WRITTEN DECISION FROM TEN (10) DAYS TO TWENTY
(20) DAYS AFTER THE BOARD HAS CONCLUDED PUBLIC
HEARINGS AND TESTIMONY ON A PROJECT, AND FIXING
A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, Section 20.100.020(B) currently requires the Edmonds Planning
Board to make its recommendations on matters referred to it to the City Council within ten (10)
days of the completion of all public hearings and testimony, and
WHEREAS, this ten (10) day time limit applies to Hearing Examiner decisions
and is imposed upon the Edmonds Planning Board by an incorporation by reference and it was
probably not intended to apply to the Planning Board, and
WHEREAS, the Edmonds Planning Board sometimes needs more than ten (10)
days to review and consider information received from public hearings and testimony, especially
on matters involving complex legislation, and
PAO/117282.10/0006.150.111 -I-
WHEREAS, it is in the public interest for the Edmonds Planning Board to have
sufficient time to thoughtfully consider all information supplied through public hearings and
testimony, and
WHEREAS, Section 20.100.020(B) currently requires the Edmonds Planning
Board to visit a project site prior to a public hearing on the site, which is in contravention of the
appearance of fairness doctrine, NOW, THEREFORE,
1THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
following:
Section 1. Section 20.100.020(B) is hereby repealed and replaced with the
B. Procedures. The Planning, Board shall follow the
procedures of the Hearing Examiner as specified by ECDC
Section 20.100.010 in making a recommendation to the
City Council except for the following:
1. Site visits, as required by ECDC Section
20.100.010(C), are not mandatory and may only be
conducted as a part of the public hearing process;
and
2. Written Planning Board recommendations shall be
completed and approved within twenty (20) working
days of the date on which a final recommendation
is made by the Board. The ten (10) day limit of
Section 20.100.010(E) shall not apply.
Section 2. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
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Section 3. Effective Date. This ordinance, being an administrative action, is not
subject to referendum and shall take effect five (5) days after publication of an approved
summary thereof consisting of the title.
APPROVED:
MAYOR, BARBARA
ATTEST /AUTHENTICATED:
0 CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
WMIAL
FILED WITH THE CITY CLERK: 05/03/96
PASSED BY THE CITY COUNCIL: 05/07/96
PUBLISHED: 05/12/96
EFFECTIVE DATE: 05/17/96
ORDINANCE NO. 3091
PAa117282.10 /0006.150.111 -3-
SUMMARY OF ORDINANCE NO. 3091
of the City of Edmonds, Washington
On the 7th day of May , 1996 , the City Council of the City of Edmonds,
passed Ordinance No. 3091 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION
20.100.020(B) IN ORDER TO REMOVE A MANDATORY PROJECT SITE VISIT
REQUIREMENT FROM THE REVIEW PROCEDURES OF THE EDMONDS PLANNING
BOARD AND TO AMEND THE DEADLINE IN WHICH THE BOARD MUST ISSUE A
FINAL WRITTEN DECISION FROM TEN (10) DAYS TO TWENTY (20) DAYS AFTER
THE BOARD HAS CONCLUDED PUBLIC HEARINGS AND TESTIMONY ON A
PROJECT, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 8-th day of May , 199 6
CITY CLERK, SANDRA S. CHASE
Affidavit of Publication
STATE OF WASHINGTON, ss
COUNTY OF SNOHOD&ISH,
SUMMARY OF
ORDINANCE NO. 3091
of the City of
dthend7,hddcoo Washington
'
On
The undersigned, being first duly sworn on oath deposes and says
1996, the City Council of the
dinance Nom 3091. A summary
that she is Principal Clerk of THE HERALD, a daily newspaper
,of the content of said ordi-
crov des assfollliowsor the title,
• printed and published in the City of Everett, County of Snohomish,
AN ORDINANCE OF THE
CITY OF EDMONDS, WASH-
:1NGTON, AMENDING
and State of Washington; that said newspaper is a newspaper of
SECTION 20.100.020(6 IN
ORDER TO REMOVE A
general circulation in said County and State; that said newspaper
MANDATORY PROJECT SITE
'VISIT
REQUIREMENT FROM
THE REVIEW PROCEDURES
has been approved as a le newspaper y p
pp gal news a er b order of the Superior
OF THE
PLANNING BOARDEANDNTO
AMEND THE DrAnl imp iN
Court of Snohomish County and that the notice ......... ...............................
'nance will be mailed upon
'request.
DATED this 81h day of May,
1996.
SANDRA S. CHASE
City Clerk
ublished: May 12, 1996.
B -2 -1
Summary of Ordinance No. 3091
...............................•--•---............--------------- ..........--- - - - - -- .................................................
............................................................... ................................. - - ...... ......... - ........
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
May 12, 1996
................................................... ................... ..................................... ..........................
.....................................................
.....................................
and t at s newspaper was regul rly distributed o its subscribers
durin of said period. \
---- -- -- -• --------------- - - --
Principal Clerk
Subscribed and sworn to before me this ..... 13th
dayof ........ .. ..........May....... -:-- -- -- -- -- - -..............., 1996....
. .. . .. .. ....................... ...
otary Public i and fort e S ate of Washington,
residing at Everett, Snoh County.
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