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Ordinance 29500 0006.150.032 WSS /are 07/20/93 rev: 08/05/93 ORDINANCE NO. 2950 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING SECTION 18.40.030 REQUIRING CONDITIONAL USE PERMITS FOR GRADING, AMENDING THE PROVISIONS OF SECTION 20.15A.170 RELATING TO THE PROVISION OF PUBLIC NOTICE FOR SEPA DETERMINATIONS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City currently requires a conditional use permit for grading over 500 cubic yards; and WHEREAS, the City has enacted a land clearing ordinance to prevent clearing of land in anticipation of development; and WHEREAS, grading in conjunction with development is regulated pursuant to the provisions of the State Environmental Protection Act and Chapter 20.15A of the Edmonds Municipal Code; and WHEREAS, the City Council finds that the retention of a conditional use permit for grading is a redundant and unnecessary provision of City ordinance which should be repealed, provided that adequate notice is provided to members of the general public of SEPA threshold actions so that they may adequately participate in the public process, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: 52330.1 -1- Section 1. The Edmonds Community Development Code is hereby amended by the repeal of Section 18.40.030 CONDITIONAL USE PERMIT. Section 2. The Edmonds Community Development Code Section 20.15A.170(B) PUBLIC NOTICE is hereby amended to read as follows: 20.15A.170 PUBLIC NOTICE B. Type of Notice - Under subparagraph (A) above, notice will be given as follows: 1. Posting in accordance with Section 1.03.010 of the Edmonds City Code. 2. Publication in the SEPA Register. For project actions and other site specific development approvals: 3. , Mailing to the owners of property within 300 •feet and to the residences, if the property owner's address as shown on the records of the Snohomish County Assessor's Office differs from the address of the property. 4. Other methods as deemed necessary and appropriate by the responsible official required by ordinance or statute. Section 3. 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 52330.1 -2- constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. Effective Date. This ordinance, being an administrative action, is not subject to referendum and shall take effect five (5) days after publication. APPROVED: • • i ATTEST /AUTHENTICATED: - M-'W RRONDA J. MARCH APPROVED AS TO FORM: OFFICE O T CITY ATTORNEY: BY FILED WITH THE CITY RK: 08/05/93 PASSED BY THE CITY COUNCIL: 09 /07/93 PUBLISHED: 09/12/93 EFFECTIVE DATE: 09/17/93 ORDINANCE NO. 2950 52330.1 -3- SUMMARY OF ORDINANCE NO. 2950 of the City of Edmonds, Washington On the 7th day of September—, 1993, the City Council of the City of Edmonds, passed Ordinance No. 2950 1 . A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING SECTION 18.40.030 REQUIRING CONDITIONAL USE PERMITS FOR GRADING, AMENDING THE PROVISIONS OF SECTION 20.15A.170 RELATING TO THE PROVISION OF PUBLIC NOTICE FOR SEPA DETERMINATIONS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. request. The full text of this Ordinance will be mailed upon DATED this 8th day of September , 1993. STATE OF WASHINGTON, COUNTY OF SNOHOMISH, ss a -z -1 Affidavit of Publication 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 ......... ............................... .um►maxy .... of ... Ordinance ... No ....... 2.9.50 ....................... ................ CitX of Edmonds ........................................................... ............................... ....................................................................................................... ........... •------ •------ - - - - -. a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: September 12, 1993 ...... ........................... .....................•---------------...--•--------- ....----- ••------- - - - - -- ....................................................................................................... ............................... and that said newspaper was regularly distributed to its subscribers durg period. 7 - ri- -----...... Principal Cler k Subscribed and sworn to before me this ....... 13th September ""1 93 r' q � ............................ ..... . V -.. ..... ........ / Notary Public in and for the tate f Washington, residing at Everett, S _ nty. $8 q C•c ,t�oTARY � 5"1 9 94 F 'NASN��