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Ordinance 30920006.150147 PAO /ldh 05/09/96 ORDINANCE NO. 3092 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING LEGISLATIVE FINDINGS AS REQUIRED BY RCW 35A.63.220 IN ORDER TO JUSTIFY THE ADOPTION OF EDMONDS ORDINANCE NO. 3078, AN INTERIM ORDINANCE ESTABLISHING NEW ADMINISTRATIVE PROCEDURES FOR THE PROCESSING OF PROJECT PERMIT APPLICATIONS AS REQUIRED BY THE REGULATORY REFORM ACT, INCLUDING NOTICE AND TIME LINE REQUIREMENTS, CONSOLIDATED PERMIT PROCESSING AND AMENDED JUDICIAL APPEAL PROCEDURES; ADOPTING AMENDMENTS TO EDMONDS ORDINANCE NO. 3078 IN ORDER TO PROVIDE THAT BUILDING PERMIT APPLICATIONS FOR PROJECTS PROPOSED IN EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREAS AND BUILDING PERMIT APPLICATIONS FILED IN CONJUNCTION WITH AN APPLICATION FOR DESIGN REVIEW ARE EXEMPT FROM THE 120 -DAY REVIEW PERIOD MANDATED BY SECTION 19.00.127 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE; CLARIFYING THAT ALL PERMITS FILED ON OR AFTER APRIL 1, 1996 ARE SUBJECT TO THE ADMINISTRATIVE PROCEDURES OF EDMONDS ORDINANCE NO. 3078; AMENDING THE PUBLICATION REQUIREMENTS FOR A NOTICE OF APPLICATION SUCH THAT THE ELEMENTS OF A NOTICE OF APPLICATION DO NOT HAVE TO BE PUBLISHED IN A NEWSPAPER; ADDING REQUIREMENTS FOR A NOTICE OF DECISION; PARTIALLY OR COMPLETELY EXEMPTING ALL PROJECT PERMIT APPLICATIONS REQUIRED BY THE PUBLIC WORKS AND BUILDING CODE TITLES OF THE EDMONDS COMMUNITY DEVELOPMENT CODE FROM THE NEW ADMINISTRATIVE REQUIREMENTS OF EDMONDS ORDINANCE NO. 3078; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, on March 25, 1996, the Edmonds City Council adopted Edmonds Ordinance No. 3078, which established new administrative procedures for the processing of 131975.10/0006/150147 -1- land -use permits as required by the Washington State Regulatory Reform Act, RCW 36.70B; and WHEREAS, Edmonds Ordinance No. 3078 was adopted as an interim ordinance pursuant to the provisions of RCW 35A.63.220, and WHEREAS, RCW 35A.63.220 requires that a public hearing shall be held on the adoption of an interim ordinance within 60 days of the date of adoption and that legislative findings shall be adopted no later than immediately after the public hearing in support of the adoption of the interim ordinance, and 20, 1996, and WHEREAS, a public hearing on Edmonds Ordinance No. 3078 was held on May WHEREAS, City staff testified at the public hearing on May 20, 1996 that some revisions to the ordinance were necessary in order to render the new administrative processes as established by Edmonds Ordinance No. 3078 compatible with the resources of the Edmonds Community Services Department, and WHEREAS, Edmonds Ordinance No. 3078 does not expressly state that it only applies to permits filed on or after April 1, 1996 and it is not entirely clear under the Washington State Regulatory Reform Act, chapter RCW 36.70B, as to when an ordinance adopted pursuant to the Regulatory Reform Act applies to land -use permit applications, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: 131975.10/0006/150147 -2- Section 1. The City Council of the City of Edmonds hereby adopts the following findings in support of the adoption of Edmonds Ordinance No. 3078: 1. Chapter RCW 36.70B, the Washington State Regulatory Reform Act, requires that cities adopt administrative procedures designed to streamline the processing of land - use permit applications and make such processing more understandable to land -use applicants and the general public. 2. Requirements of the Regulatory Reform Act have a pervasive impact upon all aspects of current land -use permit processing procedures in the City of Edmonds and these changes cannot all be anticipated prior to adoption of the amendments required by the Regulatory Reform Act. 3. The adoption of the amendments required by the Regulatory Reform Act by an interim ordinance will serve to facilitate the implementation of newly - adopted regulatory procedures as interim measures that are to be tested and revised as their impacts upon existing administrative functions can be evaluated. 4. The City 'did not have sufficient time to prepare a final ordinance implementing Regulatory Reform Act requirements by the April 1, 1996 deadline of the Regulatory Reform Act. 5. The adoption of Edmonds Ordinance No. 3078 as an interim ordinance is in the best interests of the public health, safety and welfare of the City of Edmonds. 6. Building permit applications subject to earth subsidence and landslide hazard regulation as delineated in ECDC Chapter 19.05 cannot be processed within the 120 -day processing timeline mandated by the Regulatory Reform Act because the processing of building permits under ECDC Chapter 19.05 requires the employment of consultants that cannot finish the analysis within the requisite time periods. 7. The necessity of hiring outside consultants by the City of Edmonds to evaluate building permit applications subject to ECDC Chapter 19.05 constitutes "special circumstances" 131975.10/0006/150147 -3- under RCW 36.70B.140(1) in order to exempt building permit applications subject to ECDC Chapter 19.05 from the requirements of the Regulatory Reform Act. 8. Building permit applications submitted as part of an augmented application for architectural design review as identified in ECDC Chapter 19.00.120 cannot be processed within the 120 -day processing timeline mandated by the Regulatory Reform Act because design review must precede and has substantial impact upon final building application specifications. 9. The necessity for design review to precede building permit application review in an augmented application for architectural design review constitutes "special circumstances" under RCW 36.70B.140(1) in order to exempt augmented applications for design review from the requirements of the Regulatory Reform Act. 10. As provided in RCW 36.70B.140, building permit applications subject to environmental review under chapter 43.21C cannot be automatically exempt from the requirements of the Regulatory Reform Act unless special circumstances warrant an exemption. Building permits subject to environmental review under chapter 43.21C are usually associated with large projects that often necessitate other discretionary permits that must be processed before review of the building permit application. This two phased review is not compatible with the timelines and consolidation requirements of the Regulatory Reform Act and as such, constitutes special circumstances that warrants the exemption of these building permits from the Regulatory Reform Act. Section 2. Edmonds Ordinance No. 3078 and this ordinance shall apply to project permit applications filed on or after April 1, 1996. Section 3. Section 19.00.115 of the Edmonds Community Development Code is hereby repealed. 131975.1010006/150147 -4- Section 4. Section 19.00.120(D) of the Edmonds Community Development Code is hereby repealed. Section 5. Section 19.00.127 of the Edmonds Community Development Code is hereby repealed. Section 6. Section 20.90.000 is hereby amended to provide as follows: 20.90.000 Scow. This chapter sets forth the processes for reviewing development applications and the minimum standards which apply whenever a development approval is required by Title 20 or a project permit application, as defined by RCW 36.70B.020(4) as now or hereafter amended, is required by Titles 18 and 19 of the Edmonds Community Development Code. The individual portions of the Edmonds Community Development Code may set additional requirements, such as different periods of time, additional methods of giving notice, and so forth. Section 6. A new Section 20.90.005 is hereby added to the Edmonds Community Development Code to provide as follows: 20.90.005 Exemption. A. Partial exemptions. The following permits shall be exempt from the project consolidation requirements of ECDC Section 20.90.010(B), the notice of application requirements of ECDC Section 20.91.010(A) and (C), and the notice of decision requirements of ECDC Section 20.90.010(E): 1. Any and all project permits, as defined by RCW 36.70B.020(4), as now or hereafter amended, required by any provision of Title 18 and Title 19 of the Edmonds Community Development Code. 2. Lot line adjustments as identified in ECDC Section 20.75.050. 131975.10/0006/150147 -5- 3. Building permits as identified in ECDC Chapter 19.00 that are categorically exempt from environmental review under chapter 43.21C RCW. 4. Staff decisions authorized by ECDC Chapters 20.10 and 20.12. B. Complete Exemption. In addition to the exemptions listed under Section 20.90.005(A) above, the following permits shall also be exempt from the letter of completeness required by ECDC 2O.9O.01O(D) and the final decision requirements of ECDC Section 2O.90.010(E): 1. Building permits subject to earth subsidence and landslide review as identified in ECDC Chapter 19.05. 2. Building permits submitted as part of an augmented application for architectural design review as identified in ECDC Chapter 19.00.120. 3. Building permits subject to environmental review under chapter 43.21C RCW. Section 7. ECDC Section 20.9O.O10(B) is hereby amended to provide as follows: B. Project Consolidation. 1. 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. 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 131975.10/0006/150147 -6- follows: public hearing and shall have sole authority to render a final decision. Section 8. Section 20.90.010(E)(2) and (3) is hereby amended to provide as E. Final Decision. 2. 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. 3. A notice of decision shall be issued upon the rendering of a final decision on a project permit application. The notice shall also include a statement of any threshold determination made under chapter 43.21C RCW and the procedures for administrative appeal, if any. The notice of decision may be a copy of the report or decision on the project permit application. The notice shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application. Section 9. Section 20.91.010(C)(3)(c) is hereby amended to provide as follows: C. Notice of Procedures. 3. Except as specifically stated in Section 20.91.010(C)(4) below, public notice shall be provided as follows: 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. Information required by ECDC Section 20.91.010(A) may be excluded from published notice. 131975.10/0006/150147 -7- Section 10. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 11. 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: ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: 05/17/96 PASSED BY THE CITY COUNCIL: 05/20/96 PUBLISHED: 05/26/96 EFFECTIVE DATE: 05/31/96 ORDINANCE NO. 3092 131975.10/0006/150147 -8- SUMMARY OF ORDINANCE NO. 3092 of the City of Edmonds, Washington On the 20th day of May, 1996, the City Council of the City of Edmonds, passed Ordinance No. 3092. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING LEGISLATIVE FINDINGS AS REQUIRED BY RCW 35A.63.220 IN ORDER TO JUSTIFY THE ADOPTION OF EDMONDS ORDINANCE NO. 3078, AN INTERIM ORDINANCE ESTABLISHING NEW ADMINISTRATIVE PROCEDURES FOR THE PROCESSING OF PROJECT PERMIT APPLICATIONS AS REQUIRED BY THE REGULATORY REFORM ACT, INCLUDING NOTICE AND TIME LINE REQUIREMENTS, CONSOLIDATED PERMIT PROCESSING AND AMENDED JUDICIAL APPEAL PROCEDURES; ADOPTING AMENDMENTS TO EDMONDS ORDINANCE NO. 3078 IN ORDER TO PROVIDE THAT BUILDING PERMIT APPLICATIONS FOR PROJECTS PROPOSED IN EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREAS AND BUILDING PERMIT APPLICATIONS FILED IN CONJUNCTION WITH AN APPLICATION FOR DESIGN REVIEW ARE EXEMPT FROM THE 120 -DAY REVIEW PERIOD MANDATED BY SECTION 19.00.127 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE; CLARIFYING THAT ALL PERMITS FILED ON OR AFTER APRIL 1, 1996 ARE SUBJECT TO THE ADMINISTRATIVE PROCEDURES OF EDMONDS ORDINANCE NO. 3078; AMENDING THE PUBLICATION REQUIREMENTS FOR A NOTICE OF APPLICATION SUCH THAT THE ELEMENTS OF A NOTICE OF APPLICATION DO NOT HAVE TO BE PUBLISHED IN A NEWSPAPER; ADDING REQUIREMENTS FOR A NOTICE OF DECISION; PARTIALLY OR COMPLETELY EXEMPTING ALL PROJECT PERMIT APPLICATIONS REQUIRED BY THE PUBLIC WORKS AND BUILDING CODE TITLES OF THE EDMONDS COMMUNITY DEVELOPMENT CODE FROM THE NEW ADMINISTRATIVE REQUIREMENTS OF EDMONDS ORDINANCE NO. 3078; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 21 st day of May, 1996. CLERK, TY . DR. S. CHASE 35A.63.215 OPTIONAL MUNICIPAL CODE OPTIONi which prohibits the use of a residential dwelling, located in an area zoned for residentia residential or commercial use, as a family day -care provider's home facility. similar re A city may require that the facility: (1) Comply with all building, fire, als. As i housing a safety, health code, and business licensing requirements; (2) conform .to lot size, building size, setbacks, and lot coverage standards applicable to the Enacted b; zoning district exeept if the structure is a legal nonconforming structure;. (3) is certified by the office of child care policy licensor as providing a .safe 35A.63.2. passenger loading area; (4) include signage, if any, that conforms to Applicable A perry regulations; and (5) limit hours of operations to facilitate neighborhood defined i compatibility, while also providing appropriate opportunity for persons who 89.08.450 use family day -care and who work a nonstandard work shift. A city may also require that the family day -care provider, before state Enacted b licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed, of the intent to locate and maintain such a facility.. If a dispute arises between neighbors and the family day -care provider over licensing requirements, the licensor may provide a forum to resolve the dispute. Nothing in this section shall be construed to prohibit a city from imposing Section 35A.69.01( zoning conditions on the establishment and maintenance of a family day -care provider's home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities 35A.69.1 is not precluded. As used in this section, "family day -care provider" is as defined in RCW 74.15.020. Every Enacted by Laws 1994, ch. 273, § 16. Amended by Laws 1995, ch. 49, § 2. enforce for any 35A.63.220. Moratorta, interim zoning controls — Public hearing— foods, m Limitation on length water p food fisl A legislative body that adopts a moratorium or interim zoning. ordinance, Amendei without holding a public hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing on the adopted moratorium or interim zoning ordinance within at least sixty days of its adoption, whether or not the.legislative body received a recommendation on the matter from the planning agency. If the legislative body does not adopt findings of fact justifying its action before this hearing, then the legislative body shall do so immediately after this public hearing. A moratorium or interim zoning Section ordinance adopted under this section may be effective for not longer than six 35A.80.0 months, but may be effective for up to one year if a work plan is developed for related . studies providing for such a longer period. A moratorium of interim zoning ordinance may be renewed for one or more six -month periods if a subsequent public tearing is held and findings of fact are made prior to each renewal. 35A.80 Enacted by Laws 1992, ch. 207, § 3. 35A.63.230. Accessory apartments (1) Any local government, as defined in 'RCW 43.63A.215, that is planning under to pro'v this chapter shall comply with RCW 43.63A.215(3). tree pl Enacted by Laws 1993, ch. 478, § 9. (2) ( 35A.63.240. Treatment of residential structures occupied by per- to regl sons with handicaps forestr No city may enact or maintain an ordinance, development regulation, zoning statem regulation or official control, policy, or administrative practice which treats a Enacte- 72 Filed with City Clerk: Adopted by Reference Ordinance # -3ogZ on .S a0 -96 City Clerk STATE OF WASHINGTON, COUNTY OF SNOHOMISH, B-2-1 ss. RECEIVED JUN 0 6 1996 Affidavit of Publication EDMONDS CITY CLERK The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ......... ............................... Summary of Ordinance. No. 3092 .................................................. .................................................................................... 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 26, 1996 ---• ...........................................•----................................---------------------- .......--------- ............ . . . .. .... ........ ............................................................................... ............. .................. and tha sad newspaper was regular distributed ` to its subscribers duri of said period. \\ il-II-11�"117N;��*,*""",-*,*,,*.,**I ------- - Principal Clerk Subscribed and sworn to before me this......... 8th da)residing .................May ......................, 19.96... ............... . . .. . . . .. •• -- - - -• -- --- ...... - - -- .......... ................. try Public in and for the ate bf Washington, at Everett, Snoho ' h C nty. �OgE J .4 UOA tp,� \�°