Ordinance 4201CITY OF EDMONDS, WASHINGTON
ORDINANCE NO.4201
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ESTABLISHING INTERIM EMERGENCY DEVELOPMENT
REGULATIONS TO ACCOMPANY THE CITY'S MORATORIUM ON
THE ACCEPTANCE OF ANY SUBDIVISION APPLICATION FOR
ANY PROPERTY THAT CONTAINS MORE THAN EIGHT
SIGNIFICANT TREES PER 10,000 SQUARE FEET OF LOT AREA TO
BE IN EFFECT UNTIL THE CITY OF EDMONDS ADOPTS UPDATED
TREE REGULATIONS ADDRESSING THE CLEARING OF SUCH
PROPERTIES FOR DEVELOPMENT, SETTING FOUR MONTHS AS
THE EFFECTIVE PERIOD OF THE INTERIM REGULATIONS, AND
DECLARING AN EMERGENCY.
WHEREAS, ECDC 18.45.040.Q defines "tree" as "any living woody plant characterized
by one main stem or trunk and many branches and having a caliper of six inches or greater, or a
multi -stemmed trunk system with a definitely formed crown;" and
WHEREAS, ECDC 18.45.040.A defines "caliper" as "the diameter of any tree trunk as
measured at a height of four feet above the ground on the upslope side of the tree;" and
WHEREAS, the city's tree regulations are in the process of being updated; and
WHEREAS, there is concern that the existing tree regulations do not adequately protect
existing trees that are not in critical areas from being cleared during subdivision development;
and
WHEREAS, Section 36.70A.390 of the Revised Code of Washington authorizes the City
Council to adopt an immediate moratorium for a period of up to six months without holding a
public hearing on the proposal provided that a public hearing is held within at least sixty days of
its adoption; and
WHEREAS, the City Council imposed a four -month moratorium on the acceptance of
any subdivision application for any property that contains more than eight trees per 10,000
square feet of lot area; and
WHEREAS, the City Council desires to adopt the following interim regulations to allow
the moratorium to be enforced more effectively; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS
FOLLOWS:
Section 1. Purpose. The purpose of these interim regulations is to support the
moratorium that has been imposed to allow the City adequate time to complete review of and
adopt updated tree regulations and to preserve existing significant trees during that review
period. The City's goal is to ultimately draft and adopt tree regulations that better protect existing
significant trees from being cleared by subdivision development.
Section 2. Tree Cutting Exemption Modified. ECDC 18.45.030, entitled
"Exemptions," is hereby amended to read as follows (new text shown in underline; deleted text
shown in strike through):
The following shall be exempt from the provisions of this chapter:
A. Clearing on an improved single-family lot that is not capable of being subdivided er
elear-ing on a pai4ially iWr-eved single family let, whieh is eapable ef being divided inte
one additional ^*, except for:
1. That portion of the lot that is located in a designated environmentally sensitive
area;
2. That portion of the lot that is located within 25 feet of any stream or wetland;
3. That portion of the lot that has slopes exceeding 25 percent;
B. Clearing on Uunimproved lots that •eh are not capable of being ftlAhe subdivided,
except for:
1. That portion of the lot that is located in a designated environmentally sensitive
area;
2. That portion of the lot that is located within 25 feet of any stream or wetland;
3. That portion of the lot that has slopes exceeding 25 percent;
C. Routine landscape maintenance and gardening;
D. Removal of trees and/or ground cover by the public works department, parks
department, fire department and/or public or private utility in situations involving danger
to life or property, substantial fire hazards, or interruption of services provided by a
utility;
E. Installation and maintenance of public utilities, after approval of the route by the
planning division manager or his or her designee, except in parks or environmentally
sensitive areas;
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F. Emergency situations on private property involving danger to life or property or
substantial fire hazards.
Section 3. ECDC 20.75.040, entitled "Application," is hereby amended to read as
follows (new text shown in underline; deleted text shown in stfike thfo tg ):
Applications for subdivisions shall be made to the development services director
on forms provided by the development services department. A subdivision application
will be processed concurrently with any applications for rezones, variances, planned unit
developments, site plan approvals and other similar approvals, that relate to the proposed
subdivision, unless the applicant expressly requests sequential processing. The
application shall contain the following items in addition to those specified in ECDC
20.02.002:
A. A reproducible copy of the preliminary plat containing all of the information
required by ECDC 20.75.060 and the number of prints required by the development
services department;
B. Title report;
C. A survey map, if required by the development services director, of the exterior
boundaries of the land to be subdivided, prepared by, and bearing the seal and signature
of, a professional land surveyor registered in the state of Washington. This map can be
combined with the preliminary ECDC 20.75.050 plat at the applicant's option;
D. The application fee as set in Chapter 15.00 ECDC;
E. A proposal for dedication of park land rather than payment of in -lieu fees, if
desired by the applicant;
F. Source of water supply and name of supplier;
G. Method of sewage disposal, and name of municipal system if applicable.
Percolation rates and other information required by the public works department shall be
submitted if septic tanks are to be used;
H. Other information that may be required by the development services director in
order to properly review the proposed subdivision, including information needed to
determine the environmental impact of the proposal.
Section 4. ECDC 20.75.060, entitled "Required information on preliminary plats," is
hereby amended to read as follows (new text shown in underline; deleted text shown in stfike-
A preliminary plat is a neat and approximate drawing to scale of a proposed division of
land, showing the existing conditions and the general proposed layouts of streets, lots and
other information needed to properly review the proposal. The preliminary plat of a short
subdivision may be referred to as a short plat. A preliminary plat shall be prepared by a
professional land surveyor registered in the state of Washington. The scale used shall be
sufficient to show clearly all details of the proposal. A scale of 50 feet to the inch is
preferred; other engineering scales may be used, if necessary. Preliminary plats for
formal subdivisions shall not exceed a size of 24 inches by 36 inches. Short plats shall be
on an eight -and -one -half -by -I I -inch page. The following information shall be shown on
the plat:
A. The name, if any, of the proposed subdivision;
B. Sufficient description to define the location and boundaries of the proposed
subdivision;
C. Name, address, seal and signature of the land surveyor who prepared the map;
D. A vicinity sketch;
E. Date prepared or revised, scale, north point, quarter section, section, township and
range number;
F. Total acreage of the land to be divided, and area in square feet of each proposed lot;
G. Existing zoning, and zoning boundaries, if any;
H. Lot dimensions and numbers;
I. Setback lines required by the existing or proposed zoning, if the proposed lot has an
unusual shape, steep topography, or other unusual limitations on its building site;
J. Any existing property lines within, or adjacent to, the proposed subdivision, and the
names of the owners of adjacent property;
K. Contour lines in areas to be developed shall be at five-foot intervals, or as specified by
the development services director. Ten -foot intervals may be used in areas not to be
developed. All contour lines shall be extended into adjacent property a sufficient distance
to show the topographical relationship of adjacent property to the proposed subdivision;
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L. The location, name and width of all existing and proposed street rights -of -way, or
easements within or adjacent to the proposed subdivision, the grade or proposed streets
and the pavement location of existing and proposed streets;
M. The location of all existing structures within the proposed subdivision and within 25
feet of the proposed subdivision. Public area or areas to be owned in common by the lot
owners, if any;
N. The location of tree -covered areas, with the location of individual trees over eight
inches in diameter ' ;
O. A preliminary grading plan or profile of proposed roads if more than 500 cubic yards
of earth is to be removed;
P. A preliminary drainage proposal as specified in Chapter 18.30 ECDC, showing
existing and proposed drainage facilities for the site and the adjacent areas;
Q. A statement of improvements to be installed;
R. The location of known or suspected soil or geological hazard areas, water bodies,
creeks and areas subject to flooding;
S. Possible future lot lines if any is large enough to allow future division;
T. Location of existing underground utility lines, sewer and water mains adjacent to or
within the proposed subdivision;
U. Other information that may be required by the development services director in order
to properly review the proposed subdivision, including information needed to determine
the environmental impact of the proposal.
Section 5. Duration of Interim Regulations. The interim regulations imposed by this
Ordinance shall commence on the date of the adoption of this Ordinance. As long as the City
holds a public hearing on the interim regulations and adopts findings and conclusions in support
of the interim regulations (as contemplated by Section 6 herein), the interim regulations shall not
terminate until four (4) months after the date of adoption, unless it is repealed sooner. The
Council shall make the decision to terminate the interim regulations by ordinance, and
termination shall not otherwise be presumed to have occurred.
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Section 6. Public Hearing on Interim regulations. Pursuant to RCW 36.70A.390 and
RCW 35A.63.220, the City Council shall hold a public hearing on these interim regulations
within sixty (60) days of its adoption. In this case, the hearing shall be held on December 1, 2020
unless the City Council, by subsequently adopted resolution, provides for a different hearing
date. No later than the next regular Council meeting immediately following the hearing, the City
Council shall adopt findings of fact on the subject of this interim regulations and either justify its
continued imposition or cancel the interim regulations.
Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful 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 8. Declaration of Emergency. The City Council hereby declares that an
emergency exists necessitating that this Ordinance take effect immediately upon passage by a
majority vote plus one of the whole membership of the Council, and that the same is not subject
to a referendum (RCW 35A.12.130). Without the immediate adoption of these interim
regulations, the city's moratorium would be less effective, leading to the possible removal of
existing trees. Therefore, the interim regulations must be imposed as an emergency measure to
protect the public health, safety and welfare, and to prevent the submission of applications to the
City in an attempt to vest rights for an indefinite period of time. This Ordinance does not affect
any existing vested rights.
Section 9. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
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Section 10. Effective Date. This Ordinance shall take effect and be in full force and
effect immediately upon passage, as set forth herein, as long as it is approved by a majority plus
one of the entire membership of the Council, as required by RCW 35A.12.130. If it is only
approved by a majority of the Council, it will take effect five days after passage and publication.
APPROVED:
M6#OR MIKE NELSON
ATTEST/AUTHENTICATED:
CI LERK, SCOTT PA EY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADA
FILED WITH THE CITY CLERK: November 2, 2020
PASSED BY THE CITY COUNCIL: November 2, 2020
PUBLISHED: November 5, 2020
EFFECTIVE DATE: November 10, 2020
ORDINANCE NO. 4201
SUMMARY OF ORDINANCE NO.4201
of the City of Edmonds, Washington
On the 2nd day of November, 2020, the City Council of the City of Edmonds, passed Ordinance
No. 4201. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ESTABLISHING INTERIM EMERGENCY
DEVELOPMENT REGULATIONS TO ACCOMPANY THE
CITY'S MORATORIUM ON THE ACCEPTANCE OF ANY
SUBDIVISION APPLICATION FOR ANY PROPERTY THAT
CONTAINS MORE THAN EIGHT SIGNIFICANT TREES PER
10,000 SQUARE FEET OF LOT AREA TO BE IN EFFECT
UNTIL THE CITY OF EDMONDS ADOPTS UPDATED TREE
REGULATIONS ADDRESSING THE CLEARING OF SUCH
PROPERTIES FOR DEVELOPMENT, SETTING four MONTHS
AS THE EFFECTIVE PERIOD OF THE INTERIM
REGULATIONS, AND DECLARING AN EMERGENCY
The full text of this Ordinance will be mailed upon request.
DATED this 2nd day of November, 2020.
TY
&LEItk, SCOTT P SSEY