Ordinance 37830006.90000
BFP /WSS
01/04/10
R:1/28/l Ogjz
ORDINANCE NO. 3783
AN INTERIM ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING INTERIM ORDINANCE 3775
AND TITLE 20 ECDC REVIEW CRITERIA AND
PROCEDURES TO EXPAND OPPORTUNITIES FOR CLOSED
RECORD ADMINISTRATIVE APPEALS, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, Title 20 ECDC was recently amended; and
WHEREAS, during said recent amendment, closed record administrative appeals
before the City Council on quasi judicial matters were limited; and
WHEREAS, the City Council wishes to afford the opportunity for closed record
appeals on quasi judicial matters as it did before the aforementioned amendment; and
WHEREAS, following the public hearing on Interim Ordinance No. 3775, the
City Council deems it to be in the public interest to correct certain references in Title 20 to
achieve consistency and restore or clarify provisions eliminated in the original code amendment
and relevant to the amendments of Interim Ordinance No. 3775; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council hereby makes the findings as set forth in
the "WHEREAS" clauses, which are adopted and incorporated herein by this reference in
support of this interim Ordinance.
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Section 2. Amended. Interim Ordinance 3775 and subsection ECDC
20.01.003(A) of the Edmonds Community Development Code is hereby amended to read as
follows:
A. Decisions.
TYPE I
TYPE II
TYPE III -A
TYPE III -B
TYPE IV -A
TYPE TYPE
V
Statement of
Modification to
Plat vacations
Essential public
Final formal
Site
Development
zoning
landscape plans
and alterations
facilities
plats
specific/
agreements
restriction
contract
rezone
Boundary line
Formal
Preliminary
Architectural
Final planned
Zoning text
adjustments, lot
interpretation of
planned
design board
residential
amendments;
line
the text of the
residential
review
development
area -wide zoning
adjustment, lot
ECDC by the
development
map amendments
combination
director or
designated staff
Permitted uses
Home
Site plan /major
Shoreline
Comprehensive
not requiring
occupation
amendments to
plan amendments
site plan review
permit
site plans
substantial
development,
shoreline
conditional
use, shoreline
variance
Special use
Accessory
Conditional
Annexations
permits
dwelling unit
use
Minor
SEPA
General
Development
amendments to
determinations
variances and
regulations
planned
residential
sign permit
development
variances
Minor
Revisions to
Draft
Master plan
preliminary
shoreline
environmental
plat
management
amendment
permits
impact
statement
Staff design
Administrative
Preliminary
review
variances
formal plats
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Sign permits
Preliminary
short plats
Final short
Land clearing /
plats
grading
Section 3. Amended. Subsection 17.50.090(A)(3) of the Edmonds Community
Development Code is hereby amended to read as follows:
3. Applications for a conditional use permit, or an appeal of a
staff decision approving or denying a one -year extension thereof shall
be reviewed by the hearing examiner under the same terms and
conditions as any conditional use permit utilizing the criteria contained
in Chapter 20.05 ECDC and under the procedural requirements
contained in Chapter 20.06 ECDC. An application for a two -year
extension of a conditional use permit for a temporary parking lot shall
be processed in the same manner as an initial application for a
conditional use permit for a temporary parking lot and new or changed
conditions may be imposed in the course of that process. Decisions of
the hearing examiner on granting or extending conditional use permits
for temporary parking lots shall be appealable to the city council under
the process contained in Chapter 20.07 ECDC.
Section 4. Amended. Interim Ordinance 3775 and Section 17.70.010, Other
temporary buildings., of the Edmonds Community Development Code is hereby amended to read
as follows:
17.70.010 Other temporary buildings.
Except as provided in ECDC 17.70.030, a conditional use permit shall
be required to construct a temporary building in any zone. The permit
shall be administratively reviewed by staff and shall be valid for a
period of one year; provided, however, that said permit may be
extended by the development services director for a single one -year
extension upon submittal of a written application prior to the
expiration of the original permit. All the requirements of the zoning
district shall be met. An appeal of the staff decision granting or
denying such a permit or extension shall be reviewed by the hearing
examiner in accordance with the requirements for any other
conditional use permit under Chapter 20.06 ECDC,
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Section 5. Amended. Section 17.75.020, Primary uses requiring a conditional use
permit., of the Edmonds Community Development Code is hereby amended to read as follows:
17.75.020 Primary uses requiring a conditional use permit.
Outdoor dining shall be a primary use requiring a conditional use
permit in the BN — neighborhood business zone, BC — community
business zone, BD — downtown business zone, CW — commercial
waterfront zone, and CG — general commercial zone, for outdoor
seating which exceeds 10 percent of the existing interior seating in the
establishment or more than eight seats, whichever is greater. This use
shall be established and maintained only in accordance with the terms
of a conditional use permit approved by the hearing examiner as a
Type III -B decision under the procedural requirements contained in
Chapter 20.06 ECDC. At a minimum, the conditions considered for
imposition by the hearing examiner may include a restriction on
operating hours, location of the outdoor seating, and/or buffering of
the noise and visual impacts related to the outdoor dining seating. All
seating permitted pursuant to the conditional use permit shall be
located outside of public rights -of -way. If outdoor seating is approved
under these provisions, no additional parking stalls shall be required
for the outdoor dining.
Section 6. Amended. Subsection 17.100.030(B) of the Edmonds Community
Development Code is hereby amended to read as follows:
B. Decisions to approve, condition, deny, review or decline to
renew a CUP shall be a Type III -B decision.
Section 7. Amended. Section 20.05.020, General requirements., of the Edmonds
Community Development Code is hereby amended to read as follows:
20.05.020 General requirements.
A. Review. The hearing examiner shall review and decide on
conditional use permit applications as Type III -B decisions as set forth
in ECDC 20.01.003.
B. Appeals. Appeals of the hearing examiner's decisions shall be
to the city council in accordance with Chapter 20.07 ECDC.
C. Time Limit. Unless the owner obtains a building permit, or if
no building permit is required, substantially commences the use
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allowed within one year from the date of approval, the conditional use
permit shall expire and be null and void, unless the owner files an
application for an extension before the expiration date and the city
approves the application.
D. Review of Extension Application. An application for any
extension of time shall be reviewed by the community development
director as a Type II decision.
E. Location. A conditional use permit applies only to the property
for which it has been approved and may not be transferred to any other
property.
F. Denial. A conditional use permit application may be denied if
the proposal cannot be conditioned so that the required findings can be
made.
Section 8. Amended. Section 20.19.010, Conditional use permit required., of the
Edmonds Community Development Code is hereby amended to read as follows:
20.19.010 Conditional use permit required.
When a conditional use permit is required by the provisions of Title 16
ECDC relating to the zoning districts, conditional use permit
applications for operation of a mini day -care shall be processed as a
Type III -B decision utilizing the criteria set forth in this chapter. In
addition to the specific criteria set forth herein, the hearing examiner
and city council on appeal shall also review the application under the
criteria and required findings set forth in Chapter 20.05 ECDC 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 hearing examiner,
or the city council 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 ECDC 20.19.020 are met and that
the facility is in harmony with the surrounding neighborhood. The city
council's decision on appeal shall be final.
Section 9. Amended. Section 20.19.050, Appeal., of the Edmonds Community
Development Code is hereby amended to read as follows:
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20.19.050 Appeal.
Appeals may be taken from the hearing examiner's decision to the city
council under the provisions of Chapter 20.07 ECDC. An appellant
may challenge the imposition of conditions or may elect to challenge a
later determination as to whether those conditions have been met. The
city council's decision on appeal shall be final.
Section 10. Amended. Subsection 20.20.010(B) of the Edmonds Community
Development Code is hereby amended to read as follows:
B. A home occupation which does not meet one or more of the
requirements of subsection A of this section may be approved as a
conditional use permit (Type III -B decision) pursuant to Chapter 20.05
ECDC and the procedures set forth in Chapter 20.06 ECDC, if the
home occupation:
Section 11. Amended. Section 20.55.030, Review., of the Edmonds Community
Development Code is hereby amended to read as follows:
20.55.030 Review.
The hearing examiner shall review and issue decisions on shoreline
permits as a Type III -B decision, using the criteria contained in the
city shoreline master program, Chapter 23.10 ECDC, the policies of
the Shoreline Act and of Chapter 173 -14 WAC, or as the same may be
amended.
Section 12. Amended. Subsection 20.75.065(D) of the Edmonds Community
Development Code is hereby amended to read as follows:
D. Formal Subdivision Review. The hearing examiner shall
review a formal subdivision as a Type III -B decision in accordance
with provisions of Chapter 20.06 ECDC.
Section 13. Amended. Section 20.75.070, Formal subdivision - Time limit., of the
Edmonds Community Development Code is hereby amended to read as follows:
20.75.070 Formal subdivision — Time limit.
A decision on preliminary plats of a proposed formal subdivision shall
be made within 90 days of the date of filing, unless the applicant
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agrees to extend the time. Where applicable, additional time needed to
prepare and circulate an environmental impact statement shall not be
included within said 90 days.
Section 14. Amended. Section 20.85.020, General requirements., of the Edmonds
Community Development Code is hereby amended to read as follows:
20.85.020 General requirements.
A. Review. The hearing examiner shall review variances as Type III -B
decisions in accordance with provisions of Chapter 20.06 ECDC.
B. Appeals. Appeals of the hearing examiner's decisions shall be to
the city council in accordance with Chapter 20.07 ECDC.
C. Time Limit. The approved variance must be acted on by the owner
within one year from the date of approval or the variance shall expire
and be null and void, unless the owner files an application for an
extension before the expiration and the city approves the application.
D. Review of Extension Application. An application for an extension
of time shall be reviewed by the community development director as a
Type II decision (Staff Decision — Notice Required).
E. Location. A variance applies only to the property for which it has
been approved and may not be transferred to any other property.
Section 15. Amended. Subsection 23.40.210(C) of the Edmonds Community
Development Code is hereby amended to read as follows:
C. Hearing Examiner Review. The city hearing examiner shall, as
a Type III -B decision (see Chapter 20.01 ECDC), review variance
applications and conduct a public hearing. The hearing examiner shall
approve, approve with conditions, or deny variance applications based
on a proposal's ability to comply with general and specific variance
criteria provided in subsections (A) and (B) of this section.
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Section 16. Interim Ordinance 3775 and the Edmonds Community Development
Code Chapter 20.100 Miscellaneous Review is hereby amended by the addition of a new section
20.100.030 Return of Appeal Fee to read as follows:
If an appeal to the City Council is upheld, the appeal fee shall be
returned to the appellant. In the event an appeal is upheld in an
administrative hearing conducted under the appeal processes
provided for in ECDC 20.110.040(B) or (C), including appeals
from the order of the building official, zoning official, or code
enforcement officer, the appeal fee shall also be returned.
Section 17. Ordinance to be Transmitted to Department. Pursuant to RCW
36.70A.106, this interim Ordinance shall be transmitted to the Washington Department of
Community, Trade, and Economic Development as required by law.
Section 18. 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 interim Ordinance.
Section 19. 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.
APPRO D:
MA OR G Y H- AAKENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
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APPROVED AS %T O
OFFICE OF tiA Y A E
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 01 -29 -2010
PASSED BY THE CITY COUNCIL: 02 -02 -2010
PUBLISHED: ' 02 -07 -2010
EFFECTIVE DATE: 02 -12 -2010
ORDINANCE NO. 3783
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SUMMARY OF ORDINANCE NO. 3783
of the City of Edmonds, Washington
On the 2nd day of February, 2010, the City Council of the City of Edmonds,
passed Ordinance No. 3783. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN INTERIM ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING
INTERIM ORDINANCE 3775 AND TITLE 20 ECDC REVIEW CRITERIA AND
PROCEDURES TO EXPAND OPPORTUNITIES FOR CLOSED RECORD
ADMINISTRATIVE APPEALS, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 3rd day of February, 2010.
;"_1 CITY CLERK, Z. e'4�
SANDRA S. CHASE
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
d#
{
ak :i
SUMMARY OF ORDINANCE NO. 3783 d
of the City of Edmonds, Was ington
On the 2nd day of February, 2010, the City Council of the C 'of
Edmonds, passed Ordinance No. 3783. A summary of the core t
of said ordinance, consisting of the title, provides as follows..
AN INTERIM ORDINANCE OF THE CITY OF EDMONDS 1N
INGTON, AMENDING INTERIM ORDINANCE 3775 AN _.. ' CE
20 ECDC REVIEW CRITERIA AND PROCEDURES TO EXP ND
OPPORT ITI R —CLOSED RECORD ADM INISTRA VE
APPEALS; AND FIXING A TIME WHEN THE SAME S Ll
BECOME EFFECTIVE. 4
The full text of this Ordinance will be mailed upon request. 1
DATED this 3rd day of February 2010.
CITY CLERK, SANDRA S. CHASE
Published: February 7, 2010.
FEB 16 2010
-11, .1i3 EDMONY D - $ ; F Y � .
Account Name: City of Edmonds
Affidavit of Publication
S.S.
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. 3783
Interim Ordinance
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:
07, 2010
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this 8th
day of February, 20
Notary Public in and for a tate,a`f: 4q0mjiregidmg. Ev t, Snohomish
County.
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Account Number: 1014 T - — ``t CSFai Number: 0001684510 --
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