Ordinance 4210ORDINANCE NO. 4210
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 17.75 ECDC,
ENTITLED "OUTDOOR DINING," AND A RELATED
SECTION IN CHAPTER 17.70 ECDC, DECLARING AN
EMERGENCY NECESSITATING IMMEDIATE ADOPTION
AND EFFECTIVENESS OF THIS INTERIM ZONING
ORDINANCE.
WHREAS, COVID-19 has created significant impacts to people's health and well-being,
which includes not only immediate physical health, but economic health; and
WHEREAS, Washington's Governor has been proactive in trying to responsibly address
coronavirus issues and some of his actions have included orders to close or partially close
businesses where COVID-19 transmission has the most risk; and
WHEREAS, in Edmonds, food and beverage services, such as restaurants, have been
especially impacted by full and partial closures; and
WHEREAS, COVID-related restrictions on restaurants and similar businesses have limited
or prohibited indoor dining during much of the year; and
WHEREAS, even without a state order, many people that want to eat at a restaurant would
prefer to do so in an outdoor environment, rather than indoors, to be a safer environment from a
COVID-19 standpoint; and
WHEREAS, some dining and beverage establishments already have permitted bistro
dining for certain sidewalk areas per Chapter 17.70 ECDC or permitted outdoor dining on
commercial properties per Chapter 17.75 ECDC; and
WHEREAS, outdoor dining on commercial properties per Chapter 17.75 ECDC requires a
conditional use permit through a hearing examiner process that is more costly and time-consuming
to obtain than an ordinary administrative permit; and
WHEREAS, City staff have been working on potential code amendments to allow outdoor
dining on commercial properties without a conditional use permit; and
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WEHEREAS, concepts for amending the code to allow outdoor dining without a
conditional use permit were presented in a November 12, 2020 meeting of the City Council's
Public Safety, Planning, and Personnel Committee and subsequently presented in a November 24,
2020 meeting of the City Council; and
WHEREAS, the concepts for amending the permit process for on -site outdoor dining have
been incorporated into a set of amendments to Chapter 17.75 of the Edmonds Community
Development Code; and
WHEREAS, pursuant to RCW 36.70A.390, this interim ordinance may be adopted on an
emergency basis without first holding a public hearing; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Chapter 17.75 of the Edmonds Community Development Code, entitled
"Outdoor Dining," is hereby amended to read as set forth in Exhibit A, which is attached hereto
and incorporated herein as if set forth in full (new text is shown in underline; deleted text is shown
in strike through).
Section 2. Section 17.70.010 of the Edmonds Community Development Code, entitled
"Other temporary buildings," is hereby amended to read as set forth below (new text is shown in
underline; deleted text is shown in s4tl£e thfough):
Except as provided in ECDC 17.70.030 and 17.75.010, 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
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the hearing examiner in accordance with the requirements for any
other conditional use permit under Chapter 20.06 ECDC.
Section 3. Sunset. This interim ordinance shall remain in effect for 180 days from the
effective date or until it is replaced with another ordinance adopting permanent regulations, after
which point it shall have no further effect.
Section 4. Emergency Declaration. 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 (RCW 35A.12.130), and that the same is not
subject to a referendum. Without an immediate adoption of this interim zoning ordinance,
restaurants would have to go through a much longer permit process before being able to offer
outdoor dining. Any delay in the ability of the city's restaurants to offer additional outdoor dining
could further jeopardize an already struggling restaurant industry. Therefore, this ordinance should
be imposed as an emergency measure to protect the public health, safety and welfare by staving
off restaurant failures and creating regulations so that Edmonds citizens will have safer places to
dine for the remainder of the COVID-19 pandemic.
Section 5. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 6. Effective Date. This ordinance shall take effect and be in full force and effect
immediately upon passage, as set forth in Section 4, 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 not adopted
by a majority plus one of the entire membership of the council, then the language declaring an
emergency shall be disregarded, in which case, this ordinance, being an exercise of a power
specifically 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.
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Section 7. Adoption of Findings. The city council hereby adopts as findings of fact in support
of the adoption of this ordinance the "whereas" clauses above.
ATTEST/AUTHENTICATED:
CI CLERK, SCOTT P EY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADA
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
APPROVED:
MOOR MIKE NELSON
December 11, 2020
December 15, 2020
December 18, 2020
December 23, 2020
4210
L,
SUMMARY OF ORDINANCE NO.4210
of the City of Edmonds, Washington
On the 15th day of December, 2020, the City Council of the City of Edmonds, passed
Ordinance No. 4210. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 17.75 ECDC,
ENTITLED "OUTDOOR DINING," AND A RELATED
SECTION IN CHAPTER 17.70 ECDC, DECLARING AN
EMERGENCY NECESSITATING IMMEDIATE
ADOPTION AND EFFECTIVENESS OF THIS INTERIM
ZONING ORDINANCE.
The full text of this Ordinance will be mailed upon request.
DATED this 15th day of December, 2020.
T-
Cit-Y-eLERK, SCOTT PA Y
CHAPTER 17.75
Exhibit A
OUTDOOR DINING
Sections:
17.75.010 Outdoor dining —Permitted secondary use.
17.75.020 Outdoor dining — Secondary uses requiring a eanditien ,' use permit.
17.75.030 Outdoor dining buildings or structures.
17.75.010 Outdoor dining — Permitted secondary use.
A. Limited outdoor seating for outdoor dining is allowed as a permitted secondary use in the BN —
neighborhood business zone, BC — community business zone, BP — planned business zone, BD —
downtown business zone, CW — commercial waterfront zone, CG — general commercial zone, WMU—
Westgate Mixed Use, MU — medical use zone, and FVMU — Firdale Village mixed use zone. When
established as a permitted secondary use, the outdoor dining area shall currently comply or be proposed to
comply with at least one of the following criteria:
1. The site is not directly adjacent to any residentially zoned property(ies).
2. The site complies with the landscaping requirements found in Chapter 20.13 ECDC along the
property line(s) directly adjacent to residentially zoned property(ies).
3. The dining area is screened from adjoining residentially zoned property(ies) by a building and/or a
four -foot wall, hedge, or solid fence.
4. Seating is limited to an additional 4&50 percent of the existing interior seating of the establishment
or 4-2-30 seats, whichever is greater.
5. Anv dining area adiacent to vehicle narking shall be senarated by landscaping, curb stop, wall or
other suitable barrier
B. For sites directly adjacent to residentially zoned property, the outdoor dining area shall be closed
between the hours of 9:00 p.m. and 8:00 a.m.
C. Areas utilized for outdoor dining shall comply with setback requirements applicable to the site.
Temporary buildings or structures used for the outdoor dining use do not require a separate conditional use
permit.
D. Seating shall be located outside of public rights -of -way. Seating within public rights -of -way is reviewed
as bistro dining pursuant to the requirements of ECDC 18.70.030 or as a streatery pursuant to ECDC
18.70.030.:
E. No additional parking stalls shall be required for outdoor dining usage. For any outdoor diningspace
pace
that would utilize existing on -site parking spaces, at least one ADA-accessible space must remain or be
located on the site,
17.75.020 Outdoor dining — Secondary uses requiring a permit.
Outdoor dining not meeting the requi eme 4s of Errs , 7 7c 0 non property outside of the public ri hg t of
way shall be a secondary use requiring. a conditional „so permit only if the use includes a component
subject to a buildingor r fire permit. Components requiring a buildingor r fire permit include, but are not
limited to, detached (free-standing) structures and structures attached to a building, such as awnings,
canopies, roofs, and per og las •_����� �. This use shall be established
and maintained e*ly-in accordance with the terms of a eenditional use permit approved 1.y thethis chapter.
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17.75.030 Outdoor dining buildings or structures.
Any building or structure such as a service stand, fence, planter, kiosk, awning or other shelter utilized in
serving outdoor diners shall fully comply with all provisions of the State Building Code an
community development code inel ,. ing but not limited to design revieT Title 19 building and fire codes.
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Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Dicy Sheppard being first duly swom, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH915965 ORDS 4206-4211 as
it was published in the regular and entire issue
of said paper and not as a supplement form
thereof for a period of 1 issue(s), such
publication commencing on 12/18/2020 and
ending on 12/18/2020 and that said newspaper
was regularly distributed to its subscribers
during all of said period.
The amount of the fee far such publicatign is
$68.60. rr+
Subscribed 9nd swo
�
rn o me on this
�day of
Lw
Notary Public in and for the State of
Washington.
City of Edmonds -LEGAL ADS 114101416
SCOTT PASSEV
Lin7PhillipsNoState My Appointm
Classified Proof
ORDINANCE SUMMARY
of Ih4 Clty of
pn 1ha 15rn day oEam
emix,2ria CilymCaune+l 11 nthe Cso0ohWa6NnflWn
ft6eecuwpwoyaf
Etld
ordlnances
oaAals" of titles are pvldad as foli—
ORDI
ORDiNANCOF
�NQ. 4208
AN NANG THY
EOMOND3,
jqWASHINGTON. CHANGING THE REGULAR MEETING
TIMES OF 0 Ty COUNCIL MEETINGS AND CITY COUNCIL
COMMITTEE MEETINGS. REINSTATING THE SECOND
TUESDAY REGULAR COUNCIL MEETING, ESTABLISHING
REGULAR COMMITTEE MEETING TIMES PRIOR TO THE
SECOND TUESDAY REGULAR COUNCIL MEETING
OR01NAiI ENO. 4207
AN ORDINANCE OF OF EDMONDS.
WASHINGTON. AMENDING ORDINANCE NO. 410 AS A
RESULT OF UNANTICIPATED TRANSFERS AND
EXPENDITURES OF VARIOUS FUNDS, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE
OR0jNANO F NO.4208
AN ORDINANCE OF EDMONDS,
WASHINGtON. ADOPTING AMENDMENTS TO THE
CAPITAL FACILITIES PLAN ELEMENT OF THE
COMPREHENSIVE PLAN; AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE
ORDi YA NCE NO- 4209
AN QRDINANC��OF THE CITY OF EDMONDS.
WASHINGTON. AMENDING CHAPTER 18.70 ECOC.
ENTITLED 'STREET USE AND ENCROACHMENT
PERMITS; TO ALLOW 'STREATEAWS' FOR DINING IN
THE PUOLIC R[GHT-OF-WAY, DEM-ARING AN
EMERGENCY NECESSITATING IMMEDIATE ADOPTION
AN D EFFECTIV ENESS OF THIS OR DINANC E
ORDINANCE HO- A210
AN ORDINANCE P THE C1TY OF EDMONDS,
YVASHINGTON, AMENDING CHAPTER 17-75 ECDC,
ENTITLED 'OUTOOOR DINING,' AND A RELATED
SECTION IN CHAPTER 17,70 ECDC, DECLARING AN
EMERGENCY NECESSITATING IMMEDIATE ADOPTION
AND EFFECTIVENESS OF THIS INTERIM ZONING
ORDINANCE
ORDINANCE NO-4211
AN ORDINANCE A T FOR THE CITY
OF EDMONDS, WASHINGTON, FOR THE FISCAL YEAR
COMMENCING JANUARY 1, 2021.
The full Iex1 of thaee Qlanances vtV be maned upon requoul.
DATED Ihra 15th Day of December, 2020.
CITY CLERK. SCOTT PASSEY
Putgehod; December 18, 2020- E01-1916965
Proofed by Sheppard, Dicy, 12/18/2020 08:47:48 am Page: 2