Engineering Comments 1.pdfCITY OF EDMONDS
PLAN REVIEW COMMENTS
ENGINEERING DIVISION
(425)771-0220
City Website: www.edmondswa.gov
DATE: December 17, 2018
TO: Nicky Chung
Printbymegmail.com
FROM: Chris Rivera
Engineering Technician
RE: Application #: bld20180032
Project: Sign for DTC Hunan Restaurant
Project Address: 22001 Highway 99 #400
During review of the above noted application, it was found that the following information, corrections, or
clarifications are needed. Please submit revised plans/documents including a written response to each item
below.
Resubmittals can be made at the Development Services Department on the 2nd floor of City Hall. Permit
Center hours are M, T, Th & F from 8am-4:30pm and on Wednesdays from 8:30am-12pm.
City of Edmonds handouts, New updated standard details with new reference numbers, application
and other forms, and development code may be referenced on the City website:
www.edmondswa.Eov under Services/Permits and Development.
1. An Encroachment permit will need to be obtained for the sign on the north side of the building
currently above the city's sidewalk/ right of way adjacent to 2201h St Southwest. Please refer to the
attached city's Handout E26-Encroachment Permit Requirements. The fees have been updated to
reflect current fee's due.
Page 1 of 1
#E26
cat Ev/�?o
City of Edmonds
Development Information
etc. 110,5
ENCROACHMENT PERMIT REQUIREMENTS
An Encroachment Permit is required to encroach upon any portion of City public space, right-
of-way or easement area with permanent structures. Encroachment Permits are regulated
under Edmonds Community Development Code (ECDC) Chapter 18.70.
To encroach means to construct, erect or maintain in, over or under any public place, right-of-way,
easement, roadway, parking strip and/or sidewalk, including the airspace above them, any structures
permanent in nature.
Structures permanent in nature include, but are not limited to building extensions, marquees, fences,
retaining walls, artwork, or any other building or structure.
Artwork in the public right-of-way is subject to the review and recommendations of the Edmonds Arts
Commission. See Handout Artwork in the Public Right of Way for more information.
Property owners or business owners may apply for Encroachment Permits. Business or commercial
operations are responsible for providing and continually maintaining insurance. A new Encroachment
Permit must be applied for and obtained whenever there is a new business or property owner.
OTHER PERMITS & CODES:
When required, a separate building permit shall be issued in conjunction with the Encroachment Permit.
Encroachment Permits shall comply with ECDC Chapter 18.70, as well as the current editions of the
International Building Code and Sign Code.
FEES: * W
Encroachment Permit: $3-35 + 0 T��c�ology Fee
Recording Fees!I base fee + "Al irsf page, plus $1 for each additional page (legal size or less)
Additional fees, as applicable, for Design Board and Edmonds Arts Commission reviews.
SUBMITTAL REQUIREMENTS:
1. Critical Areas Determination, issued by the Planning Division, when applicable.
2. Design Board approval, when applicable. Contact the Planning Division.
3. Three (3) Site Plans, scaled at 1'=20', depicting the following:
a. Private property lines, including structures on the property in the vicinity of encroachment
b. Driveways, easements, public property (developed or undeveloped)
c. Copy of all recorded easements encumbering the property
d. Area of encroachment; i.e. street, sidewalk, shoulder area, etc.
e. Elevation view or profile view of the proposed encroachment
Revised on 912112015 Page 1 of 4
4. Certificate of Insurance (when applicable)
5. Completed Encroachment Application
6. Signed and Notarized Encroachment Agreement
7. Building Permit application (enclosed), when applicable.
MINIMUM REQUIREMENTS:
All applications shall conform with the following criteria at all times.
➢ Provide safe pedestrian travel. Maintain a clear zone of 5 feet minimum. See definition of Clear Zone
below.
➢ Maintain clear landings on the exterior side of all required exit doors of 5 feet or no less than width of
door, measured toward the street.
➢ No projections into City alleys are permitted unless the projection exceeds 15 feet above pavement
surface.
➢ Do not block illumination from City light fixtures or hang objects from City light standards.
➢ Architectural projections from buildings must be approved by the Design Board and conform to Uniform
Building Code requirements. A building permit shall be required for such projections.
➢ Maintain 3 feet of clearance around fire hydrants, standpipes, manholes, water meters, blowoffs,
cleanouts and valves.
➢ Approved fence construction across City easements must maintain a point of access (e.g. gate) to allow
the City a point of entry to the easement area.
Clear Zone: A Clear Zone refers to an area 7 feet in height and 5 feet in width providing a level, safe
walking surface along the public sidewalk (i.e. measuring 5 feet from edge of street tree grates or
newspaper stands toward place of business and from the ground up to a height of 7 feet. Clear zone on
sidewalks shall not include any curbing, planting strips or ramps.)
PERMIT ISSUANCE:
At the discretion of the City Engineer, Encroachment Permits may be issued if the following requirements
have been met:
1. Design Board approval has been granted or the process has been administratively approved if applicable;
2. Edmonds Arts Commission approval has been granted if applicable;
3. It has been concluded that the proposal will not impact public space open to vehicle or pedestrian travel
or prevent routine maintenance within easement areas;
4. The proposal will not interfere with the rights of the public;
5. The proposal is in the public interest, safety and convenience.
6. Approved fence construction across City easements must maintain a point of access (e.g. gate) to allow
the City a point of entry to the easement area.
CERTIFICATE OF INSURANCE REQUIREMENTS:
The applicant who operates a business or commercial operation shall be required to provide and continually
maintain during the term of the permit a certificate of insurance naming the city as an additional insured,
with respect to liability, and providing that it shall be primary as to any other policy of insurance. The City
Revised on 912112015 Page 2 of 4
of Edmonds requires insurance coverage of a minimum of $300,000 Personal Injury and $100,000 Property
Damage.
• The certification of insurance shall contain the address of the encroachment, additional insured
statement, coverage amounts and cancellation notification as indicated on the attached sample
insurance form.
• A copy of the insurance certificate shall be provided to the City at the beginning of each calendar
year, no later than the 15th day of January.
• Failure to maintain insurance will result in revocation of the permit.
Any deviation from the sample policy form must be approved by the City in advance of acceptance. In
addition, a business and commercial applicant, as well as all residential or non-profit applicants shall sign a
covenant (Encroachment Agreement, attached) to hold harmless and indemnify the city which will be
recorded and run with the land.
APPEAL PROCEDURE
The decision of the Development Services Director, City Engineer, or their respective designees, to issue or
deny the street use permit may be appealed to the hearing examiner as a Type II decision under the
procedures set forth in Chapter 20.06, provided however, that the establishment of compensation for use of
the public right-of-way is a legislative decision of the city council and is not subject to judicial review.
Appeal fees and recording fees are due at the time of filing. A current fee schedule is available in the
Development Services Department.
REVOCATION
All Encroachment Permits approved by the City shall be temporary, shall vest no permanent rights and may
in any case be revoked using the procedures of ECDC Section 20.100.040. Revocation, with or without 30
days notice may be imposed, if the use becomes a danger or is deemed adverse to the public or when the
granted use becomes unsafe, or is not maintained or is not used in accordance with the provisions of this
chapter and the requirements of the Permit. If such use is not discontinued on notice, the City shall authorize
the Public Works Director to remove the permitted use or make such repairs as may be necessary to render
the same secure and safe at the expense of the permittee or his/her successor.
DETERMINING LOCATION OF CITY RIGHT OF WAY
Contact the Engineering Division for a monument location map and the width of the street right-of-way
(ROW). This map will be useful to determine the edge of the City ROW and the start of private property.
Street monuments indicate the approximate middle of the street ROW. Note, the middle of the paved surface
does not necessarily indicate the middle of the ROW.
* For example, if a street ROW is 60' in width, by locating two street monuments and stringing a line
between them, it is possible to measure back 30' (one half of the 60' ROW width) to determine the
approximate edge of the ROW and of your private property. However, note that the only way to
determine the exact location of the edge of the ROW is to have it located by a surveyor.
Revised on 912112015 Page 3 of 4
LOCATING EASEMENT AREAS
Exact width and location of all easements on your property can be found within the legal description of your
property. City Easement information is on file with the City Engineering Division.
SEE SEPARATE HANDOUTS:
Right -of -Way Construction (#E63)
Attachments:
Encroachment Application
Encroachment Agreement
Snohomish County Recording Guidelines
Sample Certificate of Insurance
Note: This information should not be used as a substitute for City codes and regulations. The Edmonds
Community Development Code (ECDC) may be viewed at www.ci.edmonds.wa.us/codes.stm. The
applicant is responsible for ensuring compliance with the fees and regulations that are applicable at the
time of submittal. If you have a specific question about a certain aspect of your project, please contact the
Engineering Division at 121 Fifth Avenue North, (425) 771-0220. Please note that other local, state, and/or
federal permits or approvals may be required.
Revised on 912112015 Page 4 of 4
OF EDM
O�
_s� . I x 9" ENCROACHMENT PERMIT APPLICATION
ADDRESS OF PROPOSED PUBLIC
PROPERTY OWNER NAME:
PROPERTY OWNER MAILING ADDRESS:
CONTACT NAME: III IONE:
CONTACT EMAIL ADDRESS:
Describe the portion of public space, City right-of-way or easement area to be utilized (i.e., overhead space of
sidewalk, 10 foot City utility easement along north property line, etc):
Describe the type of encroachment or use desired (i.e., fence 6 feet by 150 feet, awning 3 feet wide by 7 feet
long, etc..):
------------------DEPARTMENT APPROVALS ---FOR CITY USE ONLY -------------------
Planning Division Approved By ADB# Date
Public Works Approved By
Remarks or Comments:
Engineering Division Approved By
Certificate of Insurance Verified By
Date
Date
Encroachment Agreement sent to City Clerk for recording Date
ENCROACHMENT PERMIT# ISSUANCE DATE
BUILDING PERMIT # RECORDING #
PRODUCER
INSURED
SAMPLE
Property Owner Name
Property address of street use or
encroachment if different from
mailing address.
THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
COMPANY
LETTER
COMPANY
LETTER
COMPANY c
LETTER
COMPANY
LETTER hP
COMPANY
LETTER
COMPANIES AFFORDING COvERACaE
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED SCLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY P&RIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY T•HC POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE -
DATE (MMIDDAI')
POLICY EXPIRATION
DATE (MWDDIYY)
ALL LIMITS INTHOUSANDS
GENERAL LIABILITY
GENERAL AGGREGATE
$
COMMERCIAL GENERAL LIABILITY
PRODUCTS CO6MP1OPS AGGREGATE
CLAIMS MADE DOCCURUNCE
O'A'0'S 8 CONTRACTORS PROTECTIVE
FIRE DAMAGE (ANY ONE {IRE)
MEDICAL EXPENSE (ANY ONE PERSON)
$
AUTOMOBILE LIABILITY
ANY AUTO
CSL
ALL OWNED AUTOS
BODILY
INJURY
i
SCHEDULED AUTOS
(PER PERSON)
$
HIRED AUTOS
INJURY
ru"Ayy
NON -OWNED AUTOS
ZCrmeNTl
GARAGE LIABILITY
y
PROPERTY
DAMAGE
$
Ali.
EXCESS LIABILITY
EACH
AGGREGATE
�.
CICCURRENCE
OTHER THAN UMBRELLA FORM
�- ---- -- — -
---
STATUTORY ri
WORKERS' COMPENSATION
$ (EACH ACGIOENT)
AND
(DISEASE -POLICY LIMIT)
EMPLOYERS' LIABILITY
$ (DISEASE-E C EMPLOYEE)
OTHER
-
DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES/ RESTRICTIONS/ SPECIAL ITEMS
It is understood and agreed that the City of Edmonds is named as an additional insured for the
(description) located at (address) in the City right-of-way.
*Updated Insurance certificate to be provided to the Engineering Division within 20 days of term expiration.
City of Edmonds
Engineering Division
121 5t" Avenue North
Edmonds, WA 98020
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 13EFORE THE EX-
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE:
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
When recorded mail to:
City Clerk
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
SPACE ABOVE THE LINE FOR RECORDERS USE
Assessor's Parcel No.:
Applicant:
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the
CITY OF EDMONDS ("City") and
("Owner[s]"), in accordance with Chapter 18.70 of the Edmonds Community Development
Code.
1. The Property. Owner is the owner of that certain real property located at
, within the City of Edmonds,
Washington, Assessor's Parcel Number
and more particularly described as follows
or
as described in Exhibit "A" attached hereto and incorporated herein by reference.
2. The Easement. The City right-of-way adjacent to owner's property or an
existing easement used for (strike those that don't apply) [street, road, alley, trail, sidewalk,
bike path, pedestrian easement, sanitary sewer, water, storm, other
3. The Encroachment. The Owner desires to encroach upon the public
easement and the City hereby covenants and agrees and grants its permission to Owner to
allow
to remain in a portion of
the City right-of-way/easement. A partial site plan, scaled 1"=20', showing the location of the
encroachment is attached as Exhibit "B" and incorporated by reference. This Agreement is
subject to the following terms and conditions:
E26-EncroachAgreement 2.13 13.final.doc
a. On behalf of themselves, their successors and assigns, the Owner promises to
maintain, repair, remove and/or replace the encroachment located in the easement
at their sole expense to the standards established by the City. All maintenance,
repair, removal and/or replacement shall be conducted solely at the Owners'
expense.
b. The Owner, on behalf of themselves and their successors and assigns,
acknowledge that the City had no obligation to approve the encroachment within
the easement for the sole benefit of the Owner, and the agreements contained
herein, provide sufficient consideration for the Owner and their successors and
assigns to maintain, repair, remove and/or replace said encroachment located in the
easement at their sole expense in perpetuity.
c. The Owner promises to indemnify and hold harmless the City, its officers, agents
and employees from any and all loss, claim, demand or liability of any kind or
nature, foreseen or unforeseen, arising from or out of its promises contained within
this Agreement, including but not limited to any damage that may be caused to the
encroachment by the City's operation, maintenance, repair, replacement or other
work related to construction activity within the easement, or any damage or
expense arising out of the loss of, or damage to, property or the injury to or death
of persons. This promise to hold harmless and indemnify includes defense by
counsel of the City's choosing and the payment of reasonable attorneys' fees and
court costs. Nothing herein, however, shall be interpreted to require the Owner to
indemnify the City from the negligence or intentional tortuous act of its
employees, officers, or agents.
d. The Owner shall at the request of the City, promptly remove, repair, reconstruct,
and/or replace the encroachment at the Owners' sole expense. Upon receipt of
notification from the City that the City requires removal of all or portions of the
encroachment from within the easement, the Owner will promptly remove those
portions of the encroachment from within the easement area as required by the
City at their sole expense. If the portions of the encroachment required by the City
to be removed are not timely removed by the Owner, they shall be removed by the
City at the expense of the Owner, and the Owner shall reimburse the City for the
costs of removal of the encroachment and disposal of materials as well as for any
increased construction costs or consequential damages incurred by the City due to
the Owners' delay. In the event that portions of the encroachment must be
removed to facilitate utility and/or construction activity by the City within the
easement or other requirements of the City, the Owner shall be solely responsible
for replacement of the encroachment at their expense upon completion of the
utility and/or construction or other activity by the City.
e. Whatever rights and obligations were acquired by the City with respect to the
easement shall remain and continue in full force and effect and shall in no way be
affected by City's grant of permission to construct and maintain the encroachment
structure.
E26-EncroachAgreement 2.13.13.final doc
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f. Business and commercial operation property owners are required to provide and
continually maintain during the term of the permit a certificate of insurance
naming the City as an additional insured, with respect to liability, and providing
that it shall be primary as to any other policy of insurance. A copy of the
insurance certificate shall be provided to the City at the beginning of each calendar
year, no later than the 21 st day of January.
g. Owner shall, in the performance of this Agreement, comply with all applicable
Federal, State and local laws and regulations, including but not limited to City
code and ordinance requirements.
4. Entire Agreement. This Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof and supersedes and replaces all other
agreements, oral or written, between the parties with respect to the subject matter. This
agreement may not be amended except in writing in a document filed of record with the
auditor of Snohomish County, Washington.
5. Notices. Any notice which is required or may be given pursuant to this
Agreement shall be sent in writing by United States mail, first class, postage pre -paid,
registered or certified with return receipt requested, or by other comparable commercial
means and addressed as follows:
If to the Cites
City Engineer
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
If to the (hvner:
which addresses may be changed from time to time by providing notice to the other party in
the manner described above.
6. Waiver. City's consent to or approval of any act or omission by Owner shall
not constitute a waiver of any other default by Owner and shall not be deemed a waiver or
render unnecessary City's consent for approval to any subsequent act by Owner. Any waiver
by City of any default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of the Agreement.
7. Termination of Agreement. In addition to any other remedy provided for by
law, the City reserves the right to terminate this agreement in the event the encroachment
negatively impacts or damages the City's right of way, easement and/or underlying utility
systems or violates any condition of service adopted by the City, at its sole discretion, as may
be necessary to prevent damage to the City's utility system, or any other public facility which
may be impacted by the Owners' failure to properly use the easement.
E26-EncroachAgeement 2 13.13. final. doc
8. Successors and Assigns. This Agreement shall be binding and inure to the
benefit of the parties hereto and their respective legal representatives, successors, and assigns.
Owner agrees to incorporate this agreement by reference in any subsequent deeds to the
property, but any failure to do so does not invalidate this provision.
9. Capacity. Each party represents that the person(s) executing this Agreement
on behalf of such party has the authority to execute this Agreement and by such signature(s)
thereby bind such party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day
of , 20
OWNER(S):
By: By:
STATE OF WASHINGTON
COUNTY OF SNOHOMISH
This day, personally appeared before me, ,
to me known to be the person(s) who executed the within and foregoing document and that
(he/she/they) signed the same as (his/her/their) free and voluntary act
and deed for the uses and purposes therein mentioned.
Notary Public
Typed or Printed Name
My Commission expires:
CITY OF EDMONDS
DO
ENGINEERING DIVISION
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E26-EncroachAgreement 2.13.13.final doe