Ordinance 4268ORDINANCE NO. 4268
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING SECTION 3.36.040 OF THE
EDMONDS CITY CODE TO ADD A PARTIAL IMPACT FEE
EXEMPTION FOR EARLY LEARNING FACILITIES.
WHEREAS, the state legislature created a Child Care Collaborative Task Force (Task
Force) in 2018 (SHB 2367) to recommend policies for the state of Washington to incentivize
employer -supported child care and improve child care access and affordability; and
WHEREAS, in 2019 the Task Force presented the Child Care Collaborative Task Force
Report (Report) to the state legislature and Governor that included initial recommendations for
designing a child care system that works better for families, providers and employers in every
industry; and
WHEREAS, the Report included a recommendation to partner with appropriate entities
and jurisdictions to limit or eliminate local construction impact fees for child care facilities; and
WHEREAS, the state legislature adopted HB 1331 in 2021 authorizing cities to grant
impact fee exemptions for early learning facilities; and
WHEREAS, an exemption from the requirement to pay impact fees could make it more
likely that additional early learning facilities are developed; and
WHEREAS, the city would like to allow this exemption without having to transfer money
from the general fund to the impact fee fund to make up for the lost income fee revenue;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Section 3.36.040 of the Edmonds City Code, entitled "Exemptions," is hereby
amended to read as follows (new text is shown in underline; deleted text is shown in str-ike
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3.36.040 Exemptions.
A. Except as provided for below, the following shall be exempted from the payment of all impact
fees under this chapter:
1. Alteration of an existing nonresidential structure that does not involve a change in use and
does not expand the usable space or add any residential units;
2. Miscellaneous improvements that do not expand usable space or add any residential units,
including, but not limited to, fences, walls, swimming pools, and signs;
3. Demolition or moving of a structure;
4. Expansion of an existing structure that results in the addition of 100 square feet or less of
gross floor area,
5. Replacement of a structure with a new structure of the same size and use at the same site
or lot when a building permit application for such replacement is submitted to the city within
12 months of the demolition or destruction of the prior structure. Replacement of a structure
with a new structure of the same size shall be interpreted to include any structure for which
the gross square footage of the building will not be increased by more than 100 square feet;
or
6. Alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an existing
dwelling unit where no additional dwelling units are created and the use is not changed
(accessory dwelling units (ADU) are not considered to create additional dwelling units because
ECDC 20.21.020 does not consider ADUs as increasing the overall density of a single-family
residential neighborhood, and because the city's traffic model does not assign additional trips
to the network as a result of ADUs).
B. Low-income housing units shall be exempt from paying 80 percent of the street impact fees to
the extent the units satisfy this subsection. Such exemption shall be conditioned upon the developer
recording a covenant that prohibits using the low-income housing units for any purpose other than
for low-income housing. At a minimum, the covenant must address price restrictions and household
income limits for the low-income housing development, and that if the property is converted to a
use other than for low-income housing, the property owner must pay the applicable impact fees in
effect at the time of conversion. The covenant shall also require the owner to submit an annual
report to the city along with supporting documentation that shows that the low-income units are
continuing to be rented in compliance with the covenant. The covenant shall be an obligation that
runs with the land upon which the housing is located. The covenant shall be in a form acceptable to
the city attorney and shall be recorded upon the developer's payment of the remaining 20 percent of
the street impact fee.
C. Except as provided for below, the following shall be exempted from the payment of park impact
fees under this chapter:
1. Low-income housing provided by nonprofit organizations such as, but not limited to, Habitat
for Humanity. Owners of low-income single-family dwelling units, condominiums and other
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low-income housing shall execute and record a lien against the property, in favor of the city,
for a period of 10 years guaranteeing that the dwelling unit will continue to be used for low-
income housing or that impact fees from which the low-income housing is exempted, plus
interest, shall be paid. The lien against the property shall be subordinate only to the lien for
general taxes. In the event that the development is no longer used for low-income rental
housing, the owner shall pay the city the impact fee from which the owner or any prior owner
was exempt, plus interest at the statutory rate. Any claim for an exemption for low-income
owner occupied housing must be made no later than the time of application for a building
permit. Any claim not so made shall be deemed waived.
D. Early learning facilities shall be exempt from paying 80 percent of street and park 'impact fees
PROVIDED THAT the early learning facility satisfies the conditions of this subsection. Such
exemption shall be conditioned upon the developer recording a covenant that re uires that at least
25 percent of the children and families using the early learning facility qualify for state subsidized
child care including -early childhood education and assistance under chapter 43.216 RCW and that
provides that if the property is converted to a use other than for an early learning facility, the
property owner must pay the applicable impact fees in effect at the time of conversion, and that
also provides that if at any point during a calendar year the early learning facility does not achieve
the required percentage of children and families qualified for state subsidized child care using tie
early learning facility, the progeEN owner must pay the remaining impact fee that would have been
imposed on the development had there not been an exemption. The covenant shall also recluire the
owner to submit an annual report to the city along with supporting documentation that shows that
the early learning facility is in compliance with the covenant. The covenant shall be an obligation
that runs with the land upon which the early learning facility is located. The covenant shall be in a
form acceptable to the ci1y attorney and shall be recorded upon the developer's payment of the
remaining 20 percent of the impact fees.
ED. The director shall be authorized to determine whether a particular development activity
falls within an exemption identified in this section, in any other section, or under other applicable law.
Determinations of the director shall be in writing and shall be subject to the appeals procedures set
forth in ECC 3.36.070. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh.
A), 20131.
Section 2. Severabili . 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 3. Effective Date. 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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APPROVED:
MAYOR IKENELSON
ATTEST/AUTHENTICATED:
CI };RK, SCOT F SSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TAARADAYN
FILED WITH THE CITY CLERK: July 1, 2022
PASSED BY THE CITY COUNCIL: July 5, 2022
PUBLISHED: July 8, 2022
EFFECTIVE DATE: July 13, 2022
ORDINANCE NO. 4268
n
SUMMARY OF ORDINANCE NO.4268
of the City of Edmonds, Washington
On the 5th Day of July, 2022, the City Council of the City of Edmonds, passed Ordinance
No. 4268. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING SECTION 3.36.040 OF
THE EDMONDS CITY CODE TO ADD A PARTIAL
IMPACT FEE EXEMPTION FOR EARLY LEARNING
FACILITIES.
The full text of this Ordinance will be mailed upon request.
DATED this 5th Day of July, 2022.
LERK, SCOT SSEY
5
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 EDH958319 ORDINANCE
SUMMARY 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
07/08/2022 and ending on 07/08/2022 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount the fee for st di publication is
$48.16,
Subscribed and sworn
day of
fore me on this
t �
•
Notaiy Public in and for the State of
Washington.
Ciry of Edmonds - LEGAL ADS 1 14 10 1416
SCOTr PASSEY
Linda Phillips
Notary Public r;
State of l'ia hinnton
:3
iy
My Appointment Lapires B/KI,2025
commission 11 U rt be' 4.117
Classified Proof
( DI
N_A_N�C �S� MMARY
ofthe tyZ`�a[ n �1 111n
On the 5th dBy o1 Juiy, 2D22, the City Councit of the City of
Edmonds, passBd the follaw11, Ordinaries, the summaries of said
drdinancea consisting of lutes are rovlded as follows:
QRDINANC MO- 467
AN ORDINANCE OF THE CITY OF EDMON05, WAtimimGTON.
ADOPTING FINDINGS AND CONCLUSIONS AND APPROVING
A CHANGE IN ZONING FOR TWO EXISTING LOTS OF
RECORD ADDRESSED 9630AND 9516 EDMONDS WAY FROM
RM 1.5 TO RM-EW; AUTHORIZING AMENDMENT OF THE
CITY'S OFFICIAL ZONING MAP; AND FIXING A TIME WHEN
THE SAME SHALL8ECOME EFFECTIVE.
ORDINANCE N 4 11
AN ORDINANCE OFrTHE'CITTY 0 MDS, WASHINGTON.
AMENDING SECTION 3,38.000 OF THE EDMONDS CITY CODE
TO ADD A PARTIAL IMPACT FEE EXEMPTION FOR FARLY
LEARNING FACILITIES.
OR DTNANCE NO, a
AN ORDINANCE O DS, WASHINGTON.
PROVIDING FOR THE REPEAL OF OR AMENDMENT TO
CERTAIN CHAPTERS OF TITLE 4 ECC (LICENSES) AND FOR
THE ADOPTION OF A NEW CHAPTER TO TITLE 4 ECC
RELATING TO SPECIAL EVENT PERMITS; PROVIDING FOR
S EVERADILtTY i AND SETTING AN EFFECTIVE DATE
DATED INs 51h Day of J)% 2022.
CITY CLERK, SCOy F YSEY
ftlall shed: July 8, 2022. ECHOSS319
Proofed by Phillips, Linda, 07/08/2022 01:43:43 pm Page: 2