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HomeMy WebLinkAboutOrdinance No. 1001Ordinance No. 1001 MEDINA CITY COUNCIL AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON AMENDING LOT DEVELOPMENT STANDARDS (MMC 20.22); CITY WIDE USES (MMC 20.30); ACCESSORY USES (MMC 20.34); ADMINISTRATIVE APPROVALS (MMC 20.70); LAND DIVISIONS (MMC 20.73); AND PROJECT PERMIT REVIEW PROCEDURES (MMC 20.80). WHEREAS, Title 20 of the Medina Municipal Code ("MMC" or "Code") contains the City of Medina's ("City") unified development code; and WHEREAS, on March 27, 2020, the Governor signed SIB 6617 which pertained to Accessory Dwelling Units —Off -Street Parking into law; and WHEREAS, on June 11, 2020, SIB 6617 went into effect; and WHEREAS, Section 4, Subsection (1) of SIB 6617 states that cities may not require the provision of off-street parking for accessory dwelling units within one -quarter mile of a major transit stop; and WHEREAS, Section 4, Subsection (2) of SB 6617 states that a city may require the provision of off-street parking for an accessory dwelling unit located within one -quarter mile of a major transit stop if the city has determined that the accessory dwelling unit is in an area with a lack of access to street parking capacity, physical space impediments, or other reasons supported by evidence that would make on -street parking infeasible for the accessory dwelling unit; and WHEREAS, there are three major transit stops within the City: 1) Evergreen Point Park & Ride, 2) the bus stop on 84 1h Avenue NE located north of NE 24 1h Street, and 3) the bus stop at 84 th Ave NE and NE 201h Street; and WHEREAS, the City used its planning consultant firm, The Blueline Group, to conduct a parking study beginning in January 2021; and WHEREAS, The Blueline Group provided a memorandum on March 25, 2021 and the final on -street parking study in April 2021; and WHEREAS, the study concluded that the City does not have adequate space to support the on -street parking requirement for accessory dwelling units within one -quarter mile of a major transit stop; and WHEREAS, the City provided a Notice of Intent to Adopt certain code amendments to the Washington State Department of Commerce in accordance with RCW 36.70A.106 and MMC 20.81.070 on March 29, 2021; and WHEREAS, a State Environmental Policy Act (SEPA) environmental checklist was prepared and a Determination of Non -Significance (DNS) was issued on March 31, 2021; and WHEREAS, the City published a legal ad in the Seattle Times on April 30, 2021 for a public hearing before the Medina Planning Commission to solicit and receive public testimony regarding the proposed amendments; and WHEREAS, the Planning Commission reviewed and evaluated the proposed amendments during the public hearing on May 25, 2021; and WHEREAS, after considering staff recommendation and reviewing the record, the Planning Commission voted unanimously to recommend approval of the proposed amendments to City Council on May 25, 2021; and WHEREAS, the City published a legal ad in the Seattle Times on May 19, 2021 for a virtual public hearing on June 14, 2021 before the City Council to solicit and receive additional public testimony regarding the Planning Commission's recommendation on the proposed amendments; and WHEREAS, the City Council finds based on City staff's recommendation and public testimony, these amendments are consistent with the City's Comprehensive Plan, will enhance public health, safety and welfare; and advance the public's interest; and WHEREAS, the City Council desires to take the actions set forth in this ordinance, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DOES ORDAIN WAS FOLLOWS: Section 1. Findings. The City Council adopts the foregoing recitals as its findings and conclusions concerning the matters described therein, also intending thereby to provide a record of the facts, issues and process involved in its consideration. Section 2. Amendment to MMC 20.22.030. The Medina Municipal Code Section 20.22.030 is hereby amended as follows: 20.22.030 Building and structure setbacks. A. Table 20.22.030 establishes the minimum distance required for any part of any building or structure to be set back from the pertinent property line. The minimum setback requirements are applied to each lot by the square footage of the lot area and the corresponding setback standards in the table. (See definition of "lot area" and the definitions of "property lines" in Chapter 20.12 MMC and Figures 20.22.030(B) and (C) for establishing and delineating setbacks.) Table 20.22.030: Minimum Building/Structure Setbacks Square Footage of the Lot Minimum Setback from the: Lake Area Front Rear Property Side Property Washington Property Line Line Line Shoreline Less than 10,001 25 feet 25 feet 10 feet Minimum Setback from the: Square Footage of the Lot Lake Area Front Rear Property Side Property Washington Property Line Line Line Shoreline From 10,001 to 13,000 26 feet 26 feet From 13,001 to 15,000 28 feet 28 feet From 15,001 to 20,000 30 feet 30 feet See MMC The greater of 20.63.030 10 feet or 15% Greater than 20,000 30 feet 30 feet of the lot width; not to exceed 20 feet B. Setbacks are measured as the distance between the property line and the closest point of any part of the building or structure to the property line, including but not limited to architectural elements, roof eaves, gutters and mechanical equipment. (See Figure 20.22.030(A).) C. To determine compliance with the setback standards in Table 20.22.030, the setback is measured along a horizontal plane consistent with subsection (B) of this section. D. Where a lot adjoins a private lane and has less than 30 feet of public street frontage, the front, rear and side property lines shall be determined as follows, except as provided in subsection (E) of this section: 1. The side property lines shall generally correspond to the long dimension of the lot; 2. The front and rear property lines shall generally correspond to the shorter dimensions of the lot; 3. If the dimensions of the lot form a square, the applicant may elect to designate the front property line with the rear and side property lines designated consistent with the definitions in Chapter 20.12 MMC. E. Where a lot adjoining a private lane or at the terminal end of the street has a condition where the orientation of the dwelling on the lot, or the orientation of dwellings on adjacent properties, logically suggests setbacks that do not correspond to the longer and shorter dimensions of the lot, the setbacks shall be established using the logical orientation rather than the dimensions of the lot. F. In addition to the setbacks prescribed by this section, if a lot adjoins a private lane, a setback from the private lane easement is required pursuant to MMC 20.91.060. Figure 20.22.030(A): Measuring Setbacks jminim�¢t � Hori,mlt Raw point ( a q; d Proputy line Figure 20.22.030(B): Setback Property Line Designations (See "Property Line" definitions in Chapter 20.12 MMC) Rear i 4a*' 4 Sid Sian Side From , Side Sidef Rear i Z3 ,. i is Sid Side J Side/ Rear Sidel Rear SidW iCL 7 Front CD Fraint Front Fronk Street Figure 20.22.030(C): Setbacks at Step Shaped Property Line Intersections The Medina Municipal Code Section 20.22.040is hereby amended as follows: 20.22'040 Protrusions into setback areas' The following structures may belocated within asetback area, excluding setbacks from Lake Washington, which are subject tOChapter 2U.G3MMC: A. Utilities which are located underground and accessory to a principal use, except the requirement for undergrounding is not required if the limitation in MMC 20.50.200/|\/6\8pp|ieS; B. VV8|kvv8yS' St8i[S and SL8pS' and driveways, not iDC|UdiOQ parking Sp3C8S' which do not exceed 3Uinches above the existing O[finished grade, whichever grade iSlower; C. Uncovered decks gpd_patiosprovided. whichever arade is lower-, and 2. The followina setbacks are maintained: a. A minimum 15-foot setback is maintained from bA minimum 10-foot setback is maintained from the rear DrODerh, Hnn- nnA to Table 20.22.030 GDiWindow wells that d0not projectmore than six inches above the ground level and dOnot protrude more than four feet into the setback area; DE. F8OCeS and freestanding walls which comply with the requirements set forth in MK4C 20.30.010; E�F. Irrigation systems at or below finished grade, including yard hxdF@OtS' sprinkler heads and similar features that donot exceed 3Ginches above the finished grade; FG. Ramps and similar structures installed to a single-family dwelling to provide access for elderly and/or disabled persons; N. Foundation footings where the footing structure does not protrude more than two feet into the setback area and is located entirely below the ground surface; I. Improved surface areas for off-street parking provided: 1. The protrusion is limited to the setback area from a front property line; 2. The parking area is designed in a manner that is clearly distinguishable from the driveway; 3. A minimum 15-foot setback is maintained from the front property line; 4. The top of the parking surface does not exceed 30 inches above the existing or finished grade, whichever is lower; 1J. A chimney provided: 1. The protrusion is limited to the setback area from a side property line; 2. The maximum horizontal width of the chimney inside the setback area is five feet; and 3. The chimney does not protrude more than two feet into the setback area; JK. Small accessory structures and outdoor mechanical equipment provided: 1. The protrusion is limited to the setback area from a rear property line; 2. The highest point of the accessory structure or outdoor mechanical equipment does not exceed eight feet in height above the finished grade; 3. The accessory structure or outdoor mechanical equipment does not occupy a footprint greater than 100 square feet; 4. Solid landscape screening pursuant to MMC 20.30.060 is planted that screens the structure or mechanical equipment from adjoining properties; and 5. A minimum 15-foot setback from the rear property line is maintained; L. Open play structures without roofs or walls provided: 1. The protrusion is limited to setback areas from a rear property line; 2. The maximum height of the play structure does not exceed 10 feet above the finished grade; 3. The play structure does not occupy a footprint greater than 100 square feet; 4. A minimum 10-foot setback from the rear property line is maintained; M. Swimming pools, spas and hot tubs as provided for in MMC 20.34.040; . Raised planting bed boxes, which do not exceed 30 inches above the existing or finished grade, whichever grade is lower; O. Low impact development best management practices or treatment best management practices provided: 1. The best management practice shall be designed, constructed, and maintained in accordance with the stormwater manual adopted under MMC 20.43.200. 2. Best management practices, including associated vegetation, shall be located entirely on private property. 3. The maximum height of any structural element associated with the best management practice shall not exceed 30 inches above the existing or finished grade, whichever grade is lower. 4. The best management practice shall be designed to manage or treat stormwater runoff solely from the building site and from less than 5,000 square feet of impervious surface. 5. Examples of acceptable best management practices, as those practices are defined in Chapter 20.12 MMC, include but are not limited to the following: a. Rain garden; b. Bioretention; c. Dispersion; and d. Biofiltration treatment. Section 4. Amendment to MMC 20.30.020(C). The Medina Municipal Code Section 20.30.020(C)(10)(c) is hereby amended as follows: c. When a sign contains information on two sides, only one side is counted in determining siq area, except A -board suns where the average area of the two surface areas shall be used to determine surface area. Section 5. Amendment to MMC 20.34.020. The Medina Municipal Code Section 20.34.020 is hereby amended as follows: 20.34.020 Accessory dwelling units. This section establishes the development criteria that apply to accessory dwelling units. A. Accessory dwelling units meeting the requirements of this section are excluded from density and minimum lot area requirements. B. Accessory dwelling units shall be fully contained within and attached to a single-family dwelling, or must be located within a detached accessory building containing another permitted accessory use. C. Accessory dwelling units are prohibited as the only use in a detached accessory building. D. Only one accessory dwelling unit may be permitted on a lot per each single-family dwelling located on the same lot. F. Development Standards. 1. The accessory dwelling unit shall comply with the development standards of the zoning where the accessory dwelling unit is located; af eta-1, 32. The accessory dwelling unit shall contain no more than the lesser of 1,000 square feet of gross floor area, or 40 percent of the total square footage of the gross floor area of the single-family dwelling and accessory dwelling unit combined; 43. All of the structures on the property shall have the appearance of a single-family dwelling and any other permitted accessory structures; -54. The entry door to the accessory dwelling unit shall be screened from the street by portions of the structure or by dense evergreen vegetation; 5. There shall be no sign or other indication of the accessory dwelling unit's existence other than an address sign and a separate mail box; 7-6. The exterior finish of the accessory dwelling unit shall be identical to the residence or accessory structure in which it is contained; and 87. A certification by city of Bellevue utilities is required indicating that water supply and sanitary sewage are available to adequately serve the accessory dwelling unit. . There shall be one off-street parking space provided for the accessory dwelling unit, which shall be in addition to any off-street spaces required for the principal single-family dwelling. G. Garage space may be converted into an accessory dwelling unit only if the number of covered spaces eliminated by the conversion is replaced by the same number of covered spaces elsewhere on the property. IH. An accessory dwelling unit must contain: 1. Bathroom facilities that include a toilet, sink and a shower or bathtub; and 2. Kitchen or food storage and preparation facilities and a sink. JI. A property owner seeking to establish a legal accessory dwelling unit shall apply to register the dwelling unit with the city pursuant to MMC 20.70.070. The application shall include an agreement by the property owner dweWn�P to maintain the accessory dwelling unit in compliance with the standards set forth in this section. J. After the accessory dwelling unit is approved, a registration form signed by the record holders of the property shall be recorded with the King County auditor's office. Said registration form shall contain: 1. The street address and legal description of the property; and 32. The requirement for maintaining the accessory dwelling unit in compliance with the requirements of this section. LK. The registration of the accessory dwelling unit may be canceled pursuant to MMC 20.70.070 by the property owner by recording a certificate of cancellation in a form satisfactory to the city with the King County department of records and elections. The city may record a notice of cancellation upon failure to comply with the standards set forth in this section. Section 6. Amendment to MMC 20.34.040. The Medina Municipal Code Section 20.34.040 is hereby amended as follows: 20.34.040 Accessory recreational facilities. This section establishes the development criteria that apply to outdoor accessory recreational facilities, including minor accessory recreational facilities. A. Accessory recreational facilities are categorized as either major or minor pursuant to the following: 1. Major accessory recreational facilities include the following and require approval of an administrative special use permit pursuant to MMC 20.71.030, pLgyided a major accessory recreational facility is exempt from this section when completely located within a sin le - family residence or an accessory buildina: a. Active sports courts such as tennis, paddle tennis, basketball, and similar facilities; b. Swimming pools; c. Hot tubs and spas, except as allowed in subsection (B) of this section; and d. Other similar sports facilities that provide active outdoor recreational activity and with similar impacts on adjoining properties. 2. Minor accessory recreational facilities such as a basketball hoop and temporary game nets do not require approval of an administrative special use permit provided: a. Installation of the facility does not require additional paved surface area; b. No illumination beyond normal house lighting is installed for use of the facility; c. The facility is not located inside any setback areas, except as allowed for major recreational facilities in subsection (C)(3) of this section; and d. Maximum noise level requirements in Chapter 8.06 MMC are followed. B. Hot tubs and spas do not require approval of an administrative special use permit where: 1. If the hot tub and/or spa is permanent: a. The facility is located within 20 feet of a single-family dwelling; b. Special outdoor lighting is not installed other than in -water low -light illumination directed away from any adjoining properties; c. Pump and mechanical equipment are located inside of the residential structure or enclosed by sound attenuating structure; d. A barrier is provided as prescribed by the building code; e. The facility is not located inside any setback areas; and f. The hot tub/spa drains into the sanitary sewer system. 2. If the hot tub and/or spa is temporary: a. It is not erected for more than seven days during any one -month period; b. It meets the criteria in subsections (13)(1)(a) through (e) of this section. C. Development Standards. 1. Major recreational facilities shall comply with the development requirements of the zone in which the recreational facility is located, except as provided in subsection (C)(3) of this section. 2. Swimming pools, spas and hot tubs shall have the setback measured from the property line to the outside edge of the structural rim of the vessel (see Figure 20.34.040(C)(2)). 3. Major recreational facilities may protrude into setback areas provided: a. At least a 15-foot setback is maintained from each rear and front property line; and b. At least a 10-foot setback is maintained from each side property line. 4. The height of a swimming pool, hot tub or spa is measured from the lowest point of original grade or finished grade, whichever grade is lower, underneath the perimeter of the facility to the highest point of the structural rim of the vessel. (See Figure 20.34.040(C)(4).) Figure 20.34.040(C)(2): Measuring Setback for Swimming Pools, Hot Tubs and Spas IIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIN IIIIIIIIIIIIIIIIIIA Allllllllllllllll� a _ ra a. Figure 20.34.040(C)(4): Height of Swimming Pools, Hot Tubs and Spas Ow Height 06ginal Grade Lowest . Feint of i in and Finished Grade Vessd 5. Major recreational facilities that protrude into setback areas shall comply with the following requirements: a. Solid landscape screening pursuant to MMC 20.30.060 shall be installed along the perimeter of the lot from which the facility is set back, such that the use is concealed year-round from public streets, private lanes, and nearby properties; b. All lighting shall be oriented or shielded such that the light does not shine or spill over onto neighboring properties or Lake Washington; c. Fences and barriers shall meet all development and building code requirements; and d. Additional mitigation measures may be required such as, but not limited to, restricted hours of use, limitations on lighting, increased screening, altered location, etc., to minimize any negative impacts generated by the use of the accessory recreational facility. Section 7. Amendment to MMC 20.70.070. The Medina Municipal Code Section 20.70.070 is hereby amended as follows: 20.70.070 Accessory dwelling unit registration. A. Applicability. Any owner installing an accessory dwelling unit (ADU) pursuant to MMC 20.34.020 shall apply for an accessory dwelling unit registration. B. Review Procedures. Approval of an accessory dwelling unit is processed as a Type 1 decision pursuant to the requirements set forth in Chapter 20.80 MMC. C. Approval Criteria. The decision authority may approve an ADU only when the following criteria are met: 1. The ADU meets the requirements set forth in MMC 20.34.020; and F l 32. The property owner agrees to maintain the ADU in compliance with the requirements in MMC 20.34.020. D. Written Agreement. 1. Before a certificate of occupancy is issued for the ADU, the property owner shall complete, sign, have notarized, and record an ADU registration form. 2. The contents of the ADU registration form shall include the following: a. The street address and legal description of the property where the accessory dwelling unit is located; cb. The written agreement to maintain the ADU as prescribed in subsection (C)(32) of this section; and dc. Any other relevant information determined necessary by the decision authority. 3. The property owner shall record the ADU registration with King County recorder's office. A copy of the recorded document and recording number shall be provided to the city. 4. The ADU registration may be cancelled under the following conditions: a. The property owner may cancel the ADU registration if: i. The ADU is permanently removed from the property; or ii. The property owner provides to the city evidence that the use has been removed and obtains approval from the city to cancel the ADU registration; and iii. The property owner records a certificate of cancellation with King County recorder's office and provides a copy of the recorded certificate of cancellation to the city. b. The city may cancel the ADU registration if the property owner fails to comply with the general requirements in MMC 20.34.020. Cancellation of the ADU registration shall be in accordance with the following procedures: i. The city provides a notice of cancellation to the property owner who shall have a right to appeal the decision to cancel pursuant to MMC 20.80.220 for a Type 1 decision; ii. Once a decision to cancel becomes final, the city shall record a certificate of cancellation with King County recorder's office; iii. A copy of the recorded certificate of cancellation shall be provided to the property owner after which the use as an accessory dwelling unit shall cease. E. Lapse of Approval. Approval of an accessory dwelling unit shall expire if the building permit for the accessory dwelling unit expires and substantial construction of the accessory dwelling unit has not started. Approval of an accessory dwelling unit shall also expire if the use is abandoned during its existence, or if a certificate of cancellation is recorded. Section 8. MMC 20.73.080 Repealed. The Medina Municipal Code Section 20.73.080 is hereby repealed in its entirety. Section 9. MMC 20.73165 Repealed. The Medina Municipal Code Section 20.73.165 is hereby repealed in its entirety. Section 10. Amendment to MMC 20.80.060. The Medina Municipal Code Section 20.80.060 is hereby amended as follows: 20.80.060 Project permit procedures. The procedures for processing a project permit application may include a determination of completeness, notice of application, notice of hearing, and notice of decision. The following tables establish the decision type, the person or body authorized to make the decision, the general review procedures, and notice requirements that are applicable to each project permit application. A. Table 20.80.060(A) sets forth project permits that are categorized as Type 1 decisions with the applicable corresponding review procedures. Table 20.80.060(A) — Type 1 Decisions Project Permit Decision Authority Procedure Requirements DOC NOA NOH NOD Building, reroof and construction permits not listed/no SEPA BO Yes No No Yes Mechanical permit BO Yes No No Yes Demolition permit/no SEPA BO Yes No No Yes Grading and drainage permit/no SEPA BO Yes No No Yes Fence permit BO Yes No No Yes Final short subdivision D No No No No Administrative tree activity permit D Yes No No Yes Hazardous tree designation D Yes No No Yes Right-of-way permit E Yes No No Yes Decision Procedure Requirements Project Permit Authority DOC NOA NOH NOD Lot line adjustment D Yes No No Yes Zoning code interpretation D No No No Yes Accessory dwelling units D Yes No No Yes Administrative sign approval D Yes No No Yes Construction E D Yes No No Yes activitIpermit for roiects 5 499,000 SEPA letter of exemption D' No No No Yes Shoreline letter of exemption D No No No Yes Shoreline master program interpretation D No No No Yes Temporary use permit D No No No Yes Notes: "DOC" — determination of completeness required pursuant to MMC 20.80.100 "NOX — notice of application required pursuant to MMC 20.80.110 "NOW — notice of hearing required pursuant to MMC 20.80.120 "NOD" — notice of decision required pursuant to MMC 20.80.200 "BO" means building official has authority to make the decision "D" means the director has authority to make the decision "E" means the city engineer or designee has authority to make the decision "Director" here means the person designated as the responsible official B. Table 20.80.060(B) sets forth project permits that are categorized as Type 2 decisions with the applicable corresponding review procedures. Table 20.80.060(B) — Type 2 Decisions Project Permit Decision Authority Procedure Requirements DOC NOA NOH NOD Building permit/with SEPA BO/D' Yes Yes No Yes Demolition permit/with SEPA BO/D' Yes Yes No Yes Grading and drainage permit/with SEPA BO/D' Yes Yes No Yes Administrative right-of-way tree activity permit D Yes Yes No Yes Administrative special use permit D Yes Yes No Yes Administrative variance D Yes Yes No Yes Minor deviation D Yes Yes No Yes SEPA threshold determination D' Yes Yes2 No Yes Preliminary short subdivision D Yes Yes No Yes Decision Procedure Requirements Project Permit Authority DOC NOA NOH NOD D Yes Yes3 No Yes Lea''' Construction activity permit for roiects = 500,000 and/or on a private lane or joint driveway Final subdivision CC No No No Yes Notes: "DOC" — determination of completeness required pursuant to MMC 20.80.100 "NOX — notice of application required pursuant to MMC 20.80.110 "NOW — notice of hearing required pursuant to MMC 20.80.120 "NOD" — notice of decision required pursuant to MMC 20.80.200 "BO" means building official has authority to make the decision "D" means the director has authority to make the decision "CC" means the city council makes the decision "E" means the city engineer or designee has authority to issue a decision '"Director" here means the person designated as the responsible official zA NOA is not required for a SEPA threshold determination issued pursuant to WAC 197-11- 340(1) The NOA for a construction activity permit for projects greater than or equal to 5004000 and/or projects on a rivate lane or joint driveway shall include the date and time of the open house ursuant to MMC 20.75.070 and MMC 20,75.080 C. Table 20.80.060(C) sets forth project permits that are categorized as Type 3 decisions with the applicable corresponding review procedures. Table 20.80.060(C) — Type 3 Decisions Project Permit Decision Authority Procedure Requirements DOC NOA NOH NOD Nonadministrative special use permit HE Yes Yes Yes Yes Conditional use permit HE Yes Yes Yes Yes Historical use permit HE Yes Yes Yes Yes Nonadministrative variance HE Yes Yes Yes Yes Site -specific rezone PC/CC' Yes Yes Yes Yes Reasonable use exception HE Yes Yes Yes Yes Nonadministrative right-of-way tree activity permit HE Yes Yes Yes Yes Nonadministrative tree activity permit HE Yes Yes Yes Yes Site plan review PC Yes Yes Yes Yes Ta4ofad-GGRS#UG#GR-M#j-G�� Levi--2 PC Yes Yes Yes Yes Decision Procedure Requirements Project Permit Authority DOC NOA NOH NOD Preliminary subdivision HE/CC2 Yes Yes Yes Yes Shoreline substantial development HE Yes Yes Yes Yes permit Shoreline variance HE Yes Yes Yes Yes Shoreline conditional use permit HE Yes Yes Yes Yes Notes: "DOC" — determination of completeness required pursuant to MMC 20.80.100 "NOX — notice of application required pursuant to MMC 20.80.110 "NOW — notice of hearing required pursuant to MMC 20.80.120 "NOD" — notice of decision required pursuant to MMC 20.80.200 "HE" means the hearing examiner has authority to make the decision "PC" means the Medina planning commission has authority to make the decision "CC" means the city council makes the decision 'The planning commission holds the open -record hearing and makes a recommendation to the city council. The city council decides the rezone at a closed -record meeting. Hearing examiner holds the open -record hearing and makes a recommendation to the city council. The city council decides the preliminary subdivision at a closed -record meeting. 31f the hearing examiner's action on shoreline variances and shoreline conditional use permits is o approve the application, the approval shall be submitted to the Washington State Department of Ecology for approval, approval with conditions, or denial pursuant to WAC 173-27-200. Section 10. Corrections. The City Clerk and codifiers of the ordinance are authorized to make necessary corrections to this Ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 11. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or effectiveness of the remaining portions of this Ordinance. Section 12. Effective Date. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City and shall take effect and be in full force five (5) days after publication. Passed by the Medina City Council and approved by the Mayor this 14th day of June 2021. Approved as to form, -Pi J Scott M. Missall, C4 Attorney PUBLISHED: 6/17/2021 EFFECTIVE DATE: 6/22/2021 ORDINANCE NO.: 1001 essica �Rossman, Mayor M =0