Ordinance 4244ORDINANCE NO. 4244
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING ORDINANCE 4243 AND
CHAPTER 18.70 ECDC, ENTITLED "STREET USE AND
ENCROACHMENT PERMITS," TO EXTEND THE
ALLOWANCE FOR "STREATERIES" (DINING IN THE
PUBLIC RIGHT-OF-WAY)
WHEREAS, 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 could arise
again as the COVID-19 virus continues to mutate and vaccination rates remain lower than may be
needed to end the pandemic; 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, especially as the COVID-19 virus
continues to mutate and each mutation raises questions about whether even the vaccinated are
adequately protected; and
WHEREAS, in August 2020, the City issued a special event permit to allow outdoor dining
in designated vehicle parking spaces within the public right-of-way until October 11, 2020, and
said permit was extended until November 8, 2020, and then again, until December 31, 2020 or the
effective date of a Council-adopted ordinance for streateries, whichever comes sooner; and
WHEREAS, City staff has worked to develop amendments to the Edmonds Community
Development Code that would allow outdoor dining in designated parking spaces in the public
right-of-way (i.e., "streateries") through an individual permitting process and more specific
standards; and
WHEREAS, the concepts for amending the code to allow streateries 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 streateries have been incorporated into a set of amendments
to Chapter 18.70 of the Edmonds Community Development Code, which regulations were
originally adopted through Ordinance 4209 on December 15, 2020; and
WHEREAS, those regulations contained a sunset clause that prevents streateries from
operating beyond Decmeber 31, 2021 without city council action to amend this code; and
WHEREAS, the city council held a public hearing on December 7, 2021 regarding
streateries; and
WHEREAS, the city council adopted Ordinance 4243 on December 16, 2021 to extend the
sunset date for streateries; and
WHEREAS, the city council would now like to amend Ordinance 4243;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section I. Chapter 18. 70 of the Edmonds Community Development Code, entitled "Street
Use and Encroachment Permits," is hereby amended to read as set forth in Exhibit A, which is
attached hereto and incorporated herein by this reference as if set forth in full (new text is shown
in underline; deleted text is shown in stFilce through).
Section 2. 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.
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Section 3. Effective Date. This ordinance, being an administrative function of the city
council, 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.
ATTEST/AUTHENTICATED:
~SSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY~
JEFFTARADY -
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DA TE:
ORDINANCE NO.
3
APPROVED:
December 30, 2021
January 4, 2022
January 7, 2022
January 12, 2022
4244
SUMMARY OF ORDINANCE NO. 4244
of the City of Edmonds, Washington
On the 4th day of January, 2022, the City Council of the City of Edmonds, passed Ordinance
No. 4244. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING ORDINANCE 4243 AND
CHAPTER 18. 70 ECDC, ENTITLED "STREET USE AND
ENCROACHMENT PERMITS," TO EXTEND THE
ALLOWANCE FOR "STREATERIES" (DINING IN THE
PUBLIC RIGHT-OF-WAY)
The full text of this Ordinance will be mailed upon request.
DATED this 4 th day of January, 2022.
~SEY
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Chapter 18. 70
STREET USE AND ENCROACHMENT PERMITS
Sections:
18.70.000 Permits required.
18.70.010 Exemptions.
18.70.020 Applications.
18.70.030 Review.
18.70.040 Revocation.
18.70.050 Fees.
18.70.000 Permits required.
Exhibit A
No person shall use or encroach upon any public place without obtaining a pe1mit from the development
services director or city engineer.
A. Encroachment Permit. An encroachment permit is required to encroach upon any portion of city public
space, right-of-way or easement area with permanent structures. "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, including but not limited
to building extension, marquee, fence, retaining wall, artwork, or any other building or structure.
B. Street Use Permit. A street use permit is required to use any portion of public space or city right-of-way
for objects which are temporary in nature.
I. To "use" means to place or maintain in, over or under any public place, right-of-way, roadway,
parking strip and/or sidewalk, including the air space above them, any temporary or movable object.
2. "Temporary in nature," in reference to street use permits, means not having or requiring permanent
attachment to the ground, or involving structures which have no required permanent attachment to the
ground.
3. "Temporary object" for the purposes of this chapter refers to all objects placed in the right-of-way
that are temporary in nature including but not limited to chairs, tables, planters, sandwich boards,
benches, stanchions, platforms, rope, and fencing.
None of the above definitions shall be interpreted to prohibit the parking ofa properly licensed vehicle
within the parking strip adjacent to their property line of sight, and street plantings, except as otherwise
provided in ECDC 18. 70.030.C.6.
18.70.020 Applications.
Applications for street use or encroachment pennits shall contain, in addition to the information required
under any other applicable city code, the following information:
A. Street Use Pennit.
l. Architectural design board approval, when applicable.
2. Complete application requirements for Edmonds arts commission, when applicable.
3. Certificate of insurance.
4 . Complete street use or streatery permit application.
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B. Encroachment Permit.
I. Critical areas determination, when applicable.
2. Complete application requirements for Edmonds arts commission, when applicable.
3. Architectural design board approval, when applicable.
4. Partial site plan, to be recorded with Snohomish County, clearly showing proposed encroachment,
private property lines, all existing structures and driveways, easements and/or public property
(developed or undeveloped).
5. Legal description, including copies of all recorded easements on the property .
6 . Elevation view or side view of the proposed encroachment.
7. Ownership. Evidence showing the applicant to be the agent record owner of the property
immediately adjoining the public place or right-of-way. An application to place artwork in the public
right-of-way will be exempt from this requirement.
8. Certificate of insurance.
9. Complete encroachment permit application.
10 . Complete encroachment agreement, to be recorded with Snohomish County.
C. Such other information as the city engineer or designee of the development services director shall
require.
D. The encroachment agreement shall require prompt removal of the encroachment by the applicant at
his/her/its expense upon reasonable demand by the city engineer and be legally adequate for recording in
the land records of Snohomish County and the chain of title of the applicant's property. Such encroachment
agreements may be executed as acknowledged on behalf of the city by the city engineer and recorded by
the city clerk following approval as to form by the city attorney .
18.70.030 Review.
A. Architectural Design Board. Any application for a permit to construct, erect or maintain an awning,
marquee, sign or any structure in a public place, except as otherwise allowed in ECDC 18.70.030 .C, may
be referred by the deve l.o pment servi ces director or his/her designee to the architectural design board. If
refe1Ted to the board, the board shall review the plans and specifications as they relate to Chapter 20.10
ECDC.
Applications for mobile street vending units shall be reviewed in accordance with ECC 4.12.055 by the
architectural design board.
B. Edmonds Arts Commission. Applications for an encroachment permit or a street use permit to install art
in the public right-of-way shall be subject to the review and recommendation of the Edmonds arts
commission. No art shall be permitted in the public right-of-way except as expressly permitted herein.
Artwork that is reviewed under an encroachment pe1mit shall be exempt of the requirements ofECDC
18 .70.020(8)(5), (6), (7) and (10).
I. The tenns "art" or "artwork" as used in this section shall refer only to a work of visual art existing
in a single copy or in multiple copies of200 or fewer that are consecutively numbered by the author
and bear the signature or other identifying mark of the author.
2. The tem1s "art" or artwork" do not include:
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a. Any poster, map, globe, chart, technical drawing, diagram, model, applied art, motion picture
or other audiovisual work, book, magazine, newspaper, periodical, database, electronic
information service, electronic publication, or similar publication;
b. Any merchandising item or advertising, promotional, descriptive, covering, or packaging
material or container;
c. Architectural details such as masonry, ironwork, or other building fixtures or materials;
d. Any portion or part of any item described in subsection (A), (B) or (C) of this section;
e. Any work not subject to copyright protection under the Visual Artists Rights Act, as codified
under federal copyright law, U .S .C . Title 17, as the same exists or is hereafter amended.
3 . An encroachment permit or street use permit requires detetmination of public benefit. The Edmonds
arts commission (EAC) is mandated in Chapter 10.20 ECC to advise the city on matters pertaining to
art. When the proposed encroachment or street use is art, EAC will review and make written
recommendations to the community services director and city engineer for use and consideration in
permit issuance. (See subsection (C) of this section.)
4 . The public right-of-way is a traditional forum for public expression. By this permit program the city
acknowledges that it is approving uses in a limited public forum. Art, like other exercises of First
Amendment rights, may be limited by reasonable time, place and manner restrictions. In this case,
these criteria will be utilized to protect the safety of the public who use the right-of-way for pedestrian
or vehicular traffic and to ensure that the city provides for accessibility for the disabled . No
recommendation or denial shall be based upon the content or message expressed by an artist or in a
work of art as long as there is no commercial content. Applicants are encouraged to coordinate their
artwork with the design of the building and the historic and pedestrian-oriented character of the
downtown area.
5. Specific submission requirements for EAC review include, but are not limited to:
a. Site plan sketch showing locations of artwork;
b. Minimum one-qua1ter-inch scale rendering of the art concept or art component, including at
least one elevation showing the art in context or comparable photographs of actual artwork in
context;
c. Material/color samples;
d. Model (optional);
e. Written proposal: seven copies ofa written proposal in eight and one-half by 11-inch format to
include:
i. A description and summary of a final design proposal for the artwork for the proposed
project;
ii. Detailed maintenance requirements;
iii. Schedule for development, fabrication, and completion;
iv. Artists' resume/background;
v. Evidence of assumption of liability by applicant or designee.
For proposal to be reviewed at next scheduled EAC meeting, a complete submission of all
requirements must be received a minimum of IO days prior to the date of the meeting.
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Additional requirements may be requested based on staff input or information sought by EAC
members.
6. Review Criteria. Art in public places may be art standing alone, modifiers or definers of space,
functional, or used to establish identity. The use of art as an integral part of the structure and function
of building is encouraged, e.g., the interpretation of light fixtures, benches, hardware, doors, surface
finishes, walkways, gates, and other features with the artwork or as a pmi of the miwork, although
only some of these elements would occur in the public right-of-way.
The criteria for review of encroachment or street use review artwork submissions are as follows:
a. Constructability of proposed artwork. No artwork shall impair disabled accessibility and
barrier-free design requirements.
b. Artist's credentials and recognition.
c. Durability and craftsmanship in fabrication and production quality. Quality of the work is a
high priority.
d. Due consideration shall be given to the structural and surface soundness of artworks and to
their permanence, including ability to withstand age, theft, vandalism, weathering, and
maintenance and possible related repair costs. Careful consideration shall be given to the
materials used and the appropriateness of those materials for the conditions of the site.
e. Coordination of the artwork with the design of the building and the historic and pedestrian-
oriented character of the downtown area is encouraged.
f. Maintenance/conservation plan.
g. Relationship to other existing artwork in vicinity.
h. No Commercial Content. Artwork shall not be used as signage (see definition ofsignage).
C. Issuance by the Development Services Director or City Engineer. The development services director,
city engineer or their respective designee may administratively, without hearing, approve a street use or
encroachment permit if:
I. The proposed use shall not interfere with vehicular or pedestrian traffic, including but not limited to
the following requirements:
a. No portion of the public right-of-way designed and intended for vehicular traffic or parking
shall be permanently occupied, except to the extent allowed under ECDC 18.70.30.C.6.
b. Requirements of the State Building Code, including but not limited to all provisions relating to
disabled accessibility and barrier-free design requirements shall be met;
c. Any mobile vending units shall be properly licensed pursuant to Chapter 4.12 ECC;
d. Permit application fees have been paid (see ECDC 18.70.050);
e. A "clear zone" must be maintained on public sidewalks or walkways. A clear zone refers to an
area seven feet in height and five feet in width providing a level, safe walking surface along the
public sidewalk. Clear zone on sidewalks shall not include any curbing, planting strips or ramps.
For tables and chairs placed in the public right-of-way, the clear zone can be reduced to four feet
in width in front of obstacles (trees, street lights, sign posts, etc.);
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f. All temporary objects shall be removed from the right-of-way on 24 hours' notice to
accommodate public events. Temporary objects are subject to removal in the event ofan
emergency; and
g. All temporary objects, excluding approved awnings, wall signs, and permitted streateries, mat
that project more than 36 inches into the right-of-way shall be removed each day at the close of
business.
2. Exclusive Sidewalk Dining. In an effort to enhance street life of the city and serve both an
economic development purpose as well as enhance the livability of the city's urban core, exclusive
sidewalk dining shall be allowed pursuant to ECDC 17.70.040.
a. For purposes of this section the following terms are defined as:
i. "Exclusive sidewalk dining" shall refer to a properly zoned and licensed food or beverage
service establishment that uses the public right-of-way to serve only its customers at the
exclusion of the general public.
ii . "Barrier" shall refer to any temporary object or objects (e.g., stanchion, rope,, markers)
used to establish an exclusive bistro and outdoor dining area . Barriers shall be approved by
the city engineer.
b. All conditions and requirements set forth in this chapter have been met and adequate
compensation for the exclusive use of the public right-of-way and applicant fees pursuant to
ECDC 18.70 .050 have been paid.
c. All barriers, with the exception of markers and marking, shall be removed each day from the
right-of-way at the close of business .
d. The design and use shall comply with all requirements of state law, city ordinance and city
policy including but not limited to:
i. Washington State Liquor and Cannabis Board (WSLCB) and Snohomish County health
division (SCI-ID). When applicable, the business shall provide a written approval from the
WSLCB and/or SCI-ID for use of public rights-of-way;
ii. ECDC 17.70.040, Exclusive sidewalk dining; and
iii. All litter and nuisance regulations, including but not limited to RCW 70.93.060 and
Chapter 6.40 ECC.
3. The design board has reviewed and approved any proposal which includes a request to construct,
erect or maintain an awning, building, sign or any building or structure, except as otherwise allowed in
ECDC 18.70.030.C;
4. The proposal will not unreasonably interfere with the rights of the public; and
5. The proposal (if for an encroachment permit) either benefits the public interest, safety or
convenience (e.g., supports or protects the city street, reduces pedestrian hazards) or is an accessory
structure such as a fence normally associated with residential use of the property and fully complies
with the requirements of subsections (B)(l) through (3) of this section.
6. Streateries. Streatery means a type ofparklet located within the public right of way, typically in a
vehicle parking space, that has been designed to allow for food and beverage services. To provide greater
opportunities for outdoor dining and beverage service, streateries may be permitted, subject to the
following requirements:
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a. A streatery may be permitted as a type of street use in the parking lane of any public street on a
block where retail or restaurant use is located.
b. The business applying for the streatery is herein after referred to as the Permittee.
c. Streateries must meet applicable city and state statutes, including for fire, electrical, and building
safety, as well as for liquor service and other applicable agency requirements.
d. Streateries must be operated in a manner that complies with orders from the state health
department or governor related to coronavirus protection and with health district standards for
food and beverage service or with this chapter, whichever is stricter.
e. A complete street use permit application for a streatery shall be submitted to the city on a form
provided by the development services department. City review of any streatery application will be
completed in a timely manner and include opportunity for review by engineering, building, and
fire staff. A street use permit for the streatery may be issued with any conditions as necessary.
Field inspection will follow.
f. [ reserved]
g. Expiration and termination.
1. A streatery permit may be extended in up to six-month increments, PROVIDED THAT it
passes a final inspection for code compliance prior to the permit extension AND THAT
no streatery may continue to operate or hold space in the right-of-way beyond the sunset
date in subsection 6.p, below, regardless of the expiration date set forth on the permit.
ii. If the streatery has been cited with more than three violations of the city code within a
12-month period, its permit may be te1minated.
iii. After the streatery has begun operating or within 30 days of street use permit approval,
whichever is first, if the streatery is not used by the applicant for at least 15 days of any
30-day period, the City may terminate the permit in order to avoid leaving the parking
space unavailable for use. A notice of potential termination shall be provided by the City
to the permittee at least ten days in advance of any termination taking effect.
h. Number of allowed streateries. In the BD zone, after the first 20 streateries have been approved,
no more streatery permits shall be accepted by the City unless the permit is to replace an existing
streatery or this section is amended to allow additional streateries. A business is allowed to have
no more than one streatery permit.
i. Location.
i. A streatery must be located fully or partially adjacent to the business that it serves,
provided that if the business is not adjacent to one or more suitable parking spaces,
another business or property owner may give its written concurrence for the parking
space in front of it to be used for a streatery.
11. All streatery use shall be entirely within the approved space(s) and shall not extend into
the travel lane of the public right-of-way.
111. Streateries shall not be located in ADA parking stalls, in front of fire hydrants or bus
stops, or over the top of city storm catch basins.
iv. The maximum length ofa streatery is two vehicle parking spaces. For comer locations,
the two spaces may be comprised of one parking space on each of the adjacent
intersecting streets.
v. No more than two streateries shall be located next to each other.
v1. Where only one parking space exists between two streateries on a block face, each of the
two streateries must be set back at least one foot from the intervening parking space.
j . Other site requirements.
i. A streatery must be located on an ADA-accessible raised platform that is flush with the
sidewalk and has no more than a ½-inch horizontal gap between the sidewalk and
platfonn. The platform must be ADA-accessible from the public sidewalk and, upon
entering the streatery, a wheelchair-user must be able to access at least one seat at a table
on the platform . Exception: A streatery may be allowed without a platform if the
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business has other open-air dining that is ADA-compliant and available for customer
use.
ii. Each streatery must be protected at its end(s) from any adjacent vehicle parking space by
a water-filled jersey barrier, substantial planter at least 30 inches high, or other approved
barrier. The preferred color for a jersey barrier is white. Each barrier must include
adequate lighting or reflective markings, as approved by the city engineer, for night-time
visibility to drivers.
111. Screening shall be located on the streatery side that is adjacent to and parallel with the
traffic lane. Such screening shall be at least 30 inches high and primarily consist of: (a)
lattice, picket, or solid fencing; (b) fabric or membrane material; or (c) containerized
plantings where the container is at least 30 inches in height. Above 36 inches in height,
any screening from the traffic lane will have views into and out of the streatery. An
applicant may propose a different material that provides both external views and a sense
of separation, subject to approval by the building official. Reflecting markings or
lighting, as approved by the city engineer, are required along the traffic side for night-
time visibility to drivers.
1v. All tents, canopies, fabric screens, and umbrellas are subject to approval by the building
official for any structural requirements and by the fire marshal for flame-retardance.
Tents and canopies must be fully open to the air on at least one side. If the open side is
less than 8 linear feet, a second side must have ventilation.
v. Tents, canopies, awnings, fabric screens, and umbrellas that are documented as being
purchased by the applicant prior to January I, 2021, may be of any color. Otherwise, the
color of said items shall be primarily yellow, white, or red, or any combination of those
colors . Material that is transparent may also be acceptable.
vi. Fuel-burning heaters and open flames, such as candles, torches and fire pits, are not
allowed within 3 feet of any fabric (including tents and canopies) unless approved by the
fire marshal.
k. Signage. A streatery shall have no more than one sign. The allowed sign does not need a separate
permit but must be no more than eighteen inches in length and eight inches in height and must not
be internally lit nor have components that wave or otherwise appear to move. The sign shall not be
placed on the longest side of the streatery facing traffic and shall not be attached to the ground. It
may be attached to or part of a streatery component but cannot interfere with traffic or sight
visibility .
I. Maintenance. The permittee is responsible for maintenance of all streatery components, including
surface and furniture cleaning and keeping the area underneath and adjacent to the streatery free of
obstruction so that stormwater can flow freely at the curb.
m . Insurance. Insurance is required, per ECDC 18. 70.030 .G .
n. Installation and removal. The permittee is responsible for providing and installing all components
of the streatery and for removing the components when the permit has expired. The City may also
remove or require removal of the streatery as needed to deal with emergency conditions or
infrastructure repair.
o. City staff may provide additional details or guidance for applicants to implement this section,
consistent with direction from the city engineer and the development services director or their
respective designees.
p. This subsection C .6 shall sunset on April 30, 2022 .
D . Bay Windows, Decks, and Related Architectural Features. In an effort to allow for more creative
designs and a better overall appearance in the downtown area, bay windows, decks, and related
architectural features may encroach into the public right-of-way within the central business district or any
other zone in which no setback from the lot line is required, subject to the following requirements:
I. All conditions and requirements set forth in this chapter have been met and adequate compensation
has been paid;
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2. The encroachment shall not occur over alleys;
3. The building encroachment shall not project more than two feet (24 inches) into the right-of-way;
4. The encroachment shall not exceed 30 percent of the length of the facade on any one side of the
building;
5. The encroachment shall provide for a minimum clearance height of eight feet over any pedestrian
right-of-way and a minimum clearance height of 11 feet over any vehicular right-of-way, whichever is
greater;
6. The encroachment shall be approved by the architectural design board as contributing to a
modulated facade design which enhances the variation and appearance to the public of the overall
building design and public streetscape.
E . Appeal. The decision of the development services director, city engineer, or their respective designees
may be appealed to the hearing examiner as a Type II proceeding under the procedures set forth in Chapter
20 .06 ECDC; 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.
F. Awnings and Canopies. Consistent with ECDC 22.43.040, awnings and canopies, whether architectural
or temporary, excluding those permitted under ECDC 18.70.030.C.6, may encroach into the public right of
way within the central business district or any other zone in which no setback from the lot line is required,
subject to the following:
I. The awning or canopy shall provide a minimum clearance height of 8 feet above the walking
surface, not to exceed 15 feet at its highest point.
2. Awning and canopy projection over the right of way shall be determined as follows, provided
that no awning or canopy shall project within two feet of the street curb (measured from the
back of curb):
Sidewalk Width Minimum Projection
Less than 8 feet 5 feet
8 feet or greater 6 feet
3. Awning and canopies shall not be constructed at a location or in a manner that will obstruct,
obsure, or interfere with any streetlight, flower pole, utility pole or appurtenance, street tree,
or any transportation-related sign, signal, or traffic control device.
4. All awning and canopy designs shall meet the above criteria, unless otherwise approved by
the city engineer.
G. Insurance Requirement. When the application is for use or encroachment onto a public right-of-way
including but not limited to streets, roads, alleys, trails, sidewalks, bike paths, pedestrian easements, and
any other easement intended for the use of the public, the applicant who operates a business or commercial
operation shall be required to provide and continually maintain during the tenn of the pennit 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 policy must contain the additional insured statement,
coverage amounts and cancellation notification indicated on the sample insurance form provided by the
city. In addition, a business and commercial applicant as well as all residential or nonprofit applicants shall
sign a covenant to hold hannless and indemnify the city which will be recorded and run with the land in a
form approved by the city attorney.
H. Nothing herein shall be interpreted to permit the base or ground support for any sign to be located upon
or attached to the ground within the public right-of-way.
18.70.040 Revocation.
A . Except as provided below, all pennits approved under this chapter shall be temporary, shall vest no
permanent right and shall be issued and may in any case be revoked at the sole discretion of the city upon
30 days' notice, or without notice in the event any such use or occupation shall become dangerous; any
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structure or obstruction so permitted shall become insecure or unsafe; shall become a public nuisance; or
shall not be constructed, maintained or used in accordance with the provisions of this chapter. The
determination by the city engineer that a structure is dangerous, insecure, unsafe, a nuisance or has not been
constructed, used or maintained in accord with this chapter shall be conclusive.
B. Permits shall also be revoked if:
I. Following written notice of the lapse ofan insurance policy required to be maintained by ECDC
18. 70.030(F), the permittee fails to supply a valid certificate of insurance; or
2. Following written notice of the lapse of an annual application fee, renewal fee, or fees for the
exclusive use of the right-of-way by ECDC 18.70.050(B), the permittee fails to bring fees/account
current.
C. If any such structure, obstruction, use or occupancy is not discontinued on notice to do so by the city
engineer and within the time period designated, the city engineer may remove any structure or obstruction,
or make such repairs upon the structure or obstruction as may be necessary to render the same secure and
safe, at the expense of the permittee, or his successor, and such expense may be recorded as a lien and
otherwise collected in the manner provided by law.
18.70.050 Fees.
A. Application fees for street use or encroachment permits are those established by the city council by
resolution in its sole legislative discretion. Application fees shall be paid to the city prior to issuance of any
permit.
B. Fees for the exclusive use of the public right-of-way are those established by the city council by
resolution in its sole legislative discretion. The fee to extend a streatery permit through April 30, 2022 shall
be a lumfl sum monthly payment of $4-;GOO $500. with the first payment due on December 31, 2021 January
15. 2022, PROVIDED THAT streatery operators not wishing to pay the permit extension fee shall remove
the streatery from the right-of-way no later than 11 :59 pm on January 15, 2022, AND FURTHER
PROVIDED THAT all streateries shall be removed from the right-of-way no later than 11 :59 pm on May
J 5, 2020. The City shall refund $2,000 to any streatery applicant who paid a $4,000 lump sum extension
fee as required by the version of this code adopted pursuant to Ordinance 4243. Any streatery applicant
who requests a refund by January 15. 2022 after abandoning their extension application shall be entitled to
such refund. The fee collected, after subtracting an appropriate amount to cover streatery-realted
administrative costs. shall be used to rent parking spaces that will be made available to the public.
C . There shall be no judicial appeal from a determination of the compensation to be paid for the use of
public right-of-way.
13
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Michael Gates being first duly sworn, 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 EDH946382 ORDINANCE NO.
4244 as it was published in the regular and
entire issue of said paper and not as a
supplement form thereof for a period of I
issue(s), such publication commencing on
01/07/2022 and ending on 01/07/2022 and that
said newsp aper was regularly distributed to its
subscribers during all of said period.
The amount
$27.52 .
Subscribed and sworn
2 ~
_ day of
~d for the State of
Washington.
Ci1y of Edmonds-LEOALADS [ 14101416
SCOTT PASSEY
publication is
this
Li nd a Phillips
No tary Public
State of Washington
My App oin lm enl Expires 8/29/2025
Commi ssion Number '417
Classified Proof
OR~INAN~SUMM/IRf, orttu, Ci o E nds, Wasli i,gton
On IIUI 4th day ol january, 2022, IM Clly C01Jncll ol the Oily of
Edmonds, passed the lottowlng Ordlru>noe , the summary or-said
ordlnance consisting ~~t~SA~g'Jd~g•:m•'WS;
AN ORDINANCE. OF THE CJTY OF EOMONDS,
WASHINGTON, AMENDING ORDINANCE 424J AND
CHAPT ER 18.70 gcoc. ENTITLED "STREET USE ANO
ENCROACHMENT PERM ITS,' TO EXTEND THE
Al.l.OWANCE FOR 'STREATERIES" (DIN ING IN THE
PUBLIC RIGHT-OF-WA'f)
The run text or ihJt Ord nance wl~ be sont upon roquesl
g~\EKr~:~gi~-f t:~3e~ 2022.
Pu~t shell: January 7, 2022. EOH946382
Proofed by Phillips, Linda, 01/07/2022 02:54:12 pm Page:2