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2017-06-13 City Council - Full Agenda-19161. 2. 3. 4. 5. 6 7 8 9 o Agenda Edmonds City Council snl. ynyo COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 J U N E 13, 2017, 7:00 PM CALL TO ORDER/FLAG SALUTE ROLL CALL APPROVAL OF THE AGENDA PRESENTATION APPROVAL OF THE CONSENT AGENDA 1. Approval of Council Special Meeting Minutes of June 6, 2017 2. Approval of Council Meeting Minutes of June 6, 2017 3. Approval of claim checks and payroll direct deposit. 4. Confirmation of Salary Commission appointment - Hodson 5. Confirmation of Appointment of Sarah Mixson To Edmonds Diversity Commission 6. Approval of professional services - Summit Law 7. RFP for Baseline Study of Edmonds Marsh 8. Shoreline Master Program Update ADJOURN TO COUNCIL COMMITTEE MEETINGS THE CITY COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE CITY COUNCIL AND STAFF ONLY. THE MEETINGS ARE OPEN TO THE PUBLIC BUT ARE NOT PUBLIC HEARINGS. THE COMMITTEES MEET CONCURRENTLY IN SEPARATE ROOMS AS INDICATED BELOW. PARKS, PLANNING, AND PUBLIC WORKS COMMITTEE (JURY MEETING ROOM) 1. Proposed Noise Ordinance (10 min.) 2. Presentation of the Traffic Impact Fee Annual Report (10 minutes) 3. Presentation of a Supplemental Agreement with HWA GeoSciences for the Fishing Pier Rehabilitation Project (10 minutes) FINANCE COMMITTEE (COUNCIL CHAMBER) 1. March 2017 Quarterly Financial Report (15 min.) 2. Finance Policy Review Process (15 min.) 3. Traffic Impact Fees (5 min.) PUBLIC SAFETY AND PERSONNEL COMMITTEE (POLICE TRAINING ROOM) 1. Temporary Administrative Assistant in Public Works Department (10 min.) Edmonds City Council Agenda June 13, 2017 Page 1 5.1 City Council Agenda Item Meeting Date: 06/13/2017 Approval of Council Special Meeting Minutes of June 6, 2017 Staff Lead: Scott Passey Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Staff Recommendation Review and approve the draft meeting minutes on the Consent Agenda. Narrative N/A Attachments: 06-06-2017 Draft Council Special Meeting Minutes Packet Pg. 2 5.1.a EDMONDS CITY COUNCIL SPECIAL MEETING DRAFT MINUTES JUNE 612017 Elected Officials Present Mike Nelson, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember Adrienne Fraley-Monillas, Councilmember Tom Mesaros, Council President Kristiana Johnson, Councilmember Mayor Dave Earling Staff Present Mary Ann Hardie, HR Director 1. CALL TO ORDER/CONVENE IN JURY MEETING ROOM At 6:00 p.m., the City Council Special Meeting was called to order by Mayor Earling in the Council Chambers, 250 5ch Avenue North, Edmonds. 2. EXECUTIVE SESSION TO DISCUSS COLLECTIVE BARGAINING PER RCW 42.30.140(1)(a) The City Council then adjourned to the Jury Meeting Room to discuss collective bargaining. 3. CANDIDATE INTERVIEWS FOR APPOINTMENT TO A CITY BOARD OR COMMISSION At 6:20 p.m., the executive session concluded and the Council interviewed Ava Dubno, a candidate for the Edmonds Salary Commission, and Mike Rosen, a candidate for the Planning Board Alternate Position. These interviews were held in the Jury Meeting Room and were open to the public. ADJOURN At 7:00 p.m., the interviews concluded and the meeting was adjourned. Edmonds City Council Draft Minutes June 6, 2017 Page 1 Packet Pg. 3 5.2 City Council Agenda Item Meeting Date: 06/13/2017 Approval of Council Meeting Minutes of June 6, 2017 Staff Lead: Scott Passey Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Staff Recommendation Review and approve the draft meeting minutes on the Consent Agenda. Narrative N/A Attachments: 06-06-2017 Draft Council Meeting Minutes Packet Pg. 4 5.2.a EDMONDS CITY COUNCIL DRAFT MINUTES June 6, 2017 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Thomas Mesaros, Council President Kristiana Johnson, Councilmember Michael Nelson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT T. Dreyer, Police Officer Phil Williams, Public Works Director c Carrie Hite, Parks, Rec. & Cult. Serv. Dir. m Shane Hope, Development Services Director Scott James, Finance Director Mary Ann Hardie, HR Director c Bertrand Hauss, Transportation Engineer t� Rob English, City Engineer o Kernen Lien, Senior Planner Jeff Taraday, City Attorney o Scott Passey, City Clerk 00. Andrew Pierce, Legislative/Council Assistant a Jerrie Bevington, Camera Operator Jeannie Dines, Recorder N The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 3. APPROVAL OF AGENDA COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE AGENDA TO ADD ITEM 12, COUNCILMEMBER COMMENTS. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS Councilmember Buckshnis requested Item 5.8 be removed from the Consent Agenda and Councilmember Johnson requested Item 5.13 be removed. Edmonds City Council Draft Minutes June 6, 2017 Page 1 Packet Pg. 5 5.2.a COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: COUNCIL SPECIAL MEETING MINUTES OF MAY 23, 2017 2. APPROVAL OF COUNCIL MEETING MINUTES OF MAY 23, 2017 3. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 4. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM JEFF JANEWAY ($250.00) AND LAN LIBRANDE ($1,679.52) 5. APPROVAL OF AN AMENDMENT TO ECDC 20.75 ADDING A UNIT LOT SUBDIVISION PROCESS 6. CONFIRMATION OF SALARY COMMISSION APPOINTMENT - DUBNO 7. CONFIRMATION OF SALARY COMMISSION APPOINTMENT - ZAPORA 9. CONFIRMATION OF SALARY COMMISSION APPOINTMENT - HALL 10. CONFIRMATION OF SALARY COMMISSION APPOINTMENT - GRANT 11. CONFIRM APPOINTMENT OF MIKE ROSEN TO THE PLANNING BOARD M ALTERNATE POSITION Tmm 54 12. REPORT OF FINAL CONSTRUCTION COSTS FOR THE 105TH / 106TH AVENUES WEST LOW IMPACT DEVELOPMENT STORMWATER INFRASTRUCTURE IMPROVEMENTS PROJECT 5. ITEMS REMOVED FROM CONSENT CONFIRMATION OF SALARY COMMISSION APPOINTMENT - NEBEKER Councilmember Fraley-Monillas did not support confirmation the appointment of Tyler Nebeker to the Salary Commission because he has worked for the Washington Policy Center (WPC) and indicated he still supports their policies. One of the WPC's documents, "Equal Pay Act would promote unfair pay for unequal work," opposes equal pay for equal work for women. During the Council interview, she asked if he still supported WPC's policies and he indicated he did and he is still a member of WPC's Young Professional group. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO NOT SUPPORT THE CONFIRMATION OF TYLER NEBEKER TO THE SALARY COMMISSION. Councilmember Teitzel said although Mr. Nebeker indicated he supports WPC's policies, he was not asked specifically about this question and it was unclear if he supported support unequal pay for men and women. The Salary Commission will consider Council and Mayor salaries, a very narrow issue. Mr. Nebeker is a very bright individual and would bring a lot to the table. Councilmember Teitzel did not support the motion. Edmonds City Council Draft Minutes June 6, 2017 Page 2 Packet Pg. 6 5.2.a Councilmember Fraley-Monillas pointed out Mr. Nebeker indicated he supported WPC's policies and this was a very dangerous policy to support. When someone indicates they support a group's policies, she would hope he understood their policies. She encourage the Council not to support his confirmation. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS JOHNSON, NELSON, FRALEY-MONILLAS, AND BUCKSHNIS AND COUNCIL PRESIDENT MESAROS VOTING YES; COUNCILMEMBERS TEITZEL AND TIBBOTT VOTING NO. 2. APPROVAL OF 60-DAY EXTENSION TO THE EMPLOYMENT AGREEMENT FOR CITY COUNCIL LEGISLATIVE ASSISTANT ANDREW PIERCE, FROM JUNE 1, 2017 THROUGH JULY 31, 2017. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO EXTEND THE CONTRACT FOR ANDREW PIERCE FOR 30 DAYS AND TAKE UP THE REMAINDER IN EXECUTIVE SESSION. Councilmember Johnson clarified the executive session would occur within 30 days. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mike Shaw, Edmonds, thanked the authors of the Marsh RFP for doing a fantastic job. He hoped Q whatever company was awarded the marsh site -specific study would undergo a rigorous and thorough analysis to ensure they were completely independent and unbiased and would remain so throughout the study. He recommended including those words in the RFP. The options in the RFP are well -thought out; v he particularly liked Component 9. He urged the Council to endorse component 9, commenting without a long-term plan and vision, much of what has been accomplished in the marsh preservation effort could slide sideways or even backward. Donna Murphy, Edmonds, referred to the Marsh RFP, expressing appreciation that the effort will be directed at collecting data. The purpose of preserving the marsh is to allow children, students and families the ability to experience the marsh in its purest form. Restricting its boundaries and not prioritizing the marsh's ecosystem will impact the ability to create environmental stewardship and diminishing the marsh will have deleterious effects. Preserving the marsh will allow children, families and visitors to experience and learn the value of a fragile ecosystem with its macroinvertebrates, coastal food chain, carbon cycle water cycle and nitrogen cycle, key pieces to the health of the earth and Edmonds. She envisioned putting Edmonds on the map in the war against the environment. With the abandonment of the Paris accord, it is up to elected officials to prioritize local, unique ecosystems such as the marsh. The City cannot bow to developer -based decisions, because once developed, the sustainability and health of the marsh is altered. The RFP process must include peer review, scientific methodology study, and the City Council and Port need to support the findings of the study, not sell out to the cheapest bidder or highest paid developer. David Huneke, Edmonds, said three weeks ago he was excited to see the City working on the lights on Pine Street, only to be disappointed when the City Council made an emergency decision to put a temporary hold on the lighting. It was his understanding one of the issues was light pollution; he was puzzled by that because no one has expressed concern with light pollution from the high -density light at the fish hatchery. He expressed concern that temporary holds often become permanent and urged the Council to move forward on this project that was approved by the Council last year. He asked if there was a timetable for resuming this project. Edmonds City Council Draft Minutes June 6, 2017 Page 3 Packet Pg. 7 5.2.a Alvin Rutledge, Edmonds, provided an update on the legislature, recalling the City has requested grant funds. The State's fiscal year starts July 1 and there may be a new budget and funding requests may be reversed. It is unknown if there will be a third session, but if that happens, he anticipated there will be more cuts. Marlin Phelps, Edmonds, relayed he recently provided the clerk of the Superior Court in Everett a CD of court records from May 14, 2014 of the Edmonds courtroom to give to Judge Doug Fair's wife, Ellen Fair. He was arrested upon entering Superior Court and charged with felony intimidation of a judge. The City's prosecutor, James Zachor, Junior, called his ex-wife, his daughter, and told her that he had been arrested and would go to jail for a very long time. His ex-wife called his sister and told her that he would be going to jail for a long time. However, taking a CD of a judge committing a felony to his wife was not illegal and the case was dismissed. Mr. Phelps asserted that Judge Stephen Dwyer is a murderer, ordering the murder of then -Western U.S. attorney Thomas Wells who was killed in Seattle in 2001. Mr. Wells was murdered so that the players in Edmonds could move out Judge White who was innocent and set up and did 18 months in federal prison. Thomas Wells would not have prosecuted him. In the 9'/z years that Judge Fair presided over the Edmonds Municipal Court, he had one acquittal, his. Judge Fair asked every defendant what they did for living and for example if they said construction, he would make fine payments in accordance with the amount of money they made. The Edmonds Municipal Court was generating $30,000-$50,000/month and he doubted it all hit the books. The City has replaced criminals like Robert Barker with upstanding officers like Josh McClure, and replaced Judge Fair with Judge Colburn and he urged the City to replace its prosecutor who is a murderer. Jerry Capretta, Edmonds, thanked the Council and Mayor for their service. He referred an Everett Herald article a week ago about the Paine Field expansion including a terminal and flights by Alaska Air. The groundbreaking was held yesterday, a quick turnaround. The article did not mention whether a public v hearing had been held by the Puget Sound Regional Council. He acknowledged that may have occurred in the past, recalling about 20 years ago there were public hearings and engineering studies done in an effort to find capacity for air traffic. During that process every affected city within approximately 12 miles of Paine Field passed a resolution opposing commercial flights at Paine Field. Yet 20 years later without a lot of publicity, apparently there is momentum in that direction. The adverse effects of opening Paine Field to commercial flights will be noise pollution which will result in a decrease in property values for all surrounding cities and a decrease in the tax base of Snohomish County. Edmonds revenues will be depleted, property values will decline and schools will decimated by the sounds of planes. He feared this was nearly a death sentence for the next 20-30 years. Joe Scordino, Edmonds, retired fisheries biologist, relayed he knows the marsh quite well, spending at least one day a month with students at the marsh and it is on his walking route. He thanked the Council for the RFP, anticipating it will provide needed data on the marsh and the effectiveness of its ecological functions as they relate to buffer widths and other conditions. The RFP is an important step, getting the science and making decisions based on science, evidence based management. He was pleased with the wording of Components 1 and 2, the most critical aspects of the RFP, but was not as clear on Component 7 related to cleaning out the SR-104 culverts. The students have been collecting data on flow and water depths on both side of the culverts for two years and he was unsure that was an issue related to the marsh, and may be related to water circulation. He suggested that component be changed to freshwater circulation, observing berms and sediment build-up in other areas of the marsh affect water flows. As the students reported last year, they are finding the edges of marsh have no dissolved oxygen which affects aquatic organisms, amphibians, etc. Something is happening to impede water flows; if the study considers that aspect, he suggested a broader consideration than just the flow through the two culverts. When the students present the results of their study over the past year to the Council on July 17, he will ask that they include the data related to water depth and flows collected on those two culverts. Edmonds City Council Draft Minutes June 6, 2017 Page 4 Packet Pg. 8 5.2.a Council President Mesaros relayed on Memorial Day, there was a program at the Edmonds Cemetery in the morning and in the afternoon, the Veterans Plaza was dedicated. He acknowledged Ron Clyborne and Maria Montalvo for their efforts, commenting without them there would not be a Veterans Plaza. Ron Clyborne and Maria Montalvo, Co -Chairs of the Edmonds Veterans Plaza Committee, presented challenge coins to each Councilmember and Mayor Earling for their tremendous support of the Veterans Plaza. Mr. Clyborne explained challenge coins began in the military and are shared with fellow military members and veterans and as a thank you to individuals who have been a tremendous help to veterans. Mr. Clyborne provided a sampling of the incredible number of emails and phone calls have been received, 99.9% of which have been positive: • To say how thankful I was for your untiring effort and proud of the remarkable range of people r and entities from around Edmonds that you so tenaciously pulled together for the Veterans Plaza. Today's event was wonderfully done with a real sense of engagement by those on hand. But as was suggested more than once, this is really the beginning of what the plaza can mean to the city and its people. Again thanks, I look forward to some quite time myself to be able to wander and 0 reflect around this new, powerful focal point for our community 0 • I attended the veteran's memorial opening yesterday. I was personally touched by the entire 0 ceremony. Being a Vietnam -era veteran, it was wonderful to see recognition for our service in a > war opposed by many. I grew up in a small Massachusetts community that celebrated Memorial 0 a Day every year and has special locations for each war starting with the Revolutionary War to a current as well as a parade each Memorial Day to remember those who fought and lost their lives in various conflicts. After leaving Massachusetts, Memorial Day was never the same in other c i locations. Remembering what Michael Reagan said at the dedication, I feel I am finally home, v yesterday I got that feeling back that had been missing for 50 years. Please accept my warmest ,n regards and thanks for what Edmonds has done for all veterans, both living and passed. Your 3 contributions will never be forgotten. 5 Ms. Montalvo shared emails from veterans and non -veterans: • What a very special Memorial Day. Thanks to you and your team for taking on this heartfelt project and seeing it through. The Veterans Plaza is stunning in its simplicity. As one of millions of veterans, I am grateful. • It was an extra special event to honor all veterans. Being able to see them in their uniforms, meet their families and hear comments about them is so valuable. It also made me think of my dad who taught soldiers to fly for WWII and my brother who served in Vietnam. Being able to meet friends at the plaza and share family history will be valuable. • The Veterans Plaza was well executed and everyone's hard work definitely showed. Yourself and everyone involved have a lot to be proud of. • The Veterans Plaza program was beyond expectations. I just wanted to say thinks for the great job you did helping create such a wonderful centerpiece for our city. Your hard work and determination paid off. • Congratulations on a fantastic event • 1 just wanted to take a moment of your time to say thank you. We had the amazing privilege to be in attendance at the commissioning of the new Veterans Plaza. Wow, what an amazing accomplishment. Thank you for your efforts and please relay this to whomever else part of this amazing statement made for generations to see and who knows to follow. I will try to drag my dad out of the house soon to visit the plaza. I know he is like many Vietnam vets, missing that piece that others have received from a grateful nation of services rendered. He has never spoken much of that time and I hope that he too will find peace in this place as Mike Reagan said so poignantly yesterday. Edmonds City Council Draft Minutes June 6, 2017 Page 5 Packet Pg. 9 Ms. Montalvo recognized this was a group effort including Parks & Recreation Carrie Hite and her staff and others at the City. Suzy Schaefer, Edmonds, relayed her pleasure with the wording of the RFP components, particularly 1 and 2 that emphasize wildlife. 7. PUBLIC HEARING 1. PUBLIC HEARING ON THE 2018 - 2023 SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM Transportation Engineer Bertrand Hauss explained: • Revised Code of Washington (RCW) requires that each city update their TIP by July 1 st. • Document contains all significant transportation projects that a City possibly plans to undertake in the next six years. • City of Edmonds policy: TIP financially constrained first three years • Federal Grants, State Grants, and Local funds are programmed as revenue source for TIP projects Mr. Hauss reviewed: o Completed / soon to be completed projects in 2017 • 236th St. SW Walkway (from SR-104 to Madrona School) ° o Project Description Q ■ 600 feet of sidewalk along 236th St from SR-104 to school entrance ■ Pavement Overlay ■ Bicycle sharrow markings ■ Stormwater upgrades o Schedule ■ Start of construction October 2016 ■ Substantial Completion May 2017 o Funding ■ Secured Safe Routes to School grant $494,000 ■ Local Funds (Fund 422) $250,000 ■ REET (Fund 126) $202,000 Trackside Warning System (Dayton St. & Main St. Railroad crossings) o Project Description ■ Install wayside horns at two railroad crossings to reduce noise level (within Downtown Edmonds) during train crossings o Schedule ■ Construction completion end of 2017 (pending BNSF response) o Funding ■ General Fund $43,000 ■ REET (Fund 126) $290,000 76th Ave. W @ 212th St. SW Intersection Improvements o Project Description ■ Add left turn lane for NB and SB movements on 76th Av. W ■ Add right turn lanes for SB, NB, and EB movements ■ Improve intersection delay ■ Add bike lanes / wider sidewalk ■ Various utility upgrades (including conversion of overhead utility lines to underground) o Schedule ■ Start of Construction April 2017 Edmonds City Council Draft Minutes June 6, 2017 Page 6 Packet Pg. 10 5.2.a ■ Construction Completion end of 2017 Bike-2-Health project o Project Description ■ Complete critical missing links of bicycle's network (bike lanes / sharrows in Lynnwood, Mountlake Terrace, and Edmonds) ■ Bicycle route signage and parking at key locations ■ Bicycle education and outreach o Schedule ■ Start of Construction July 2017 ■ Construction Completion end of 2017 Adaptive system along 220th St. SW o Project Description ■ Traffic signal coordination along 220th St. SW from I-5 off ramp to 76th Ave. W to reduce congestion and improve traffic flow along corridor o Schedule ■ Design April 2017 — September 2017 ■ Start of construction October 2017 ■ Completion December 2017 o Funding ■ HSIP (Federal Grant) $400,000 Scheduled construction projects in 2018 & 2019 a • Citywide Pedestrian Crossing Enhancements o Project Description c i ■ Complete Citywide pedestrian crossing enhancements at various locations, such as: v ■ Rapid Rectangular Flashing Beacons (RRFB) ■ Installation of HAWK signal at SR-524 & 84th Ave W (similar to SR-104 @ Pine St.) ■ Conversion of Emergency Signal to fully actuated signal with pedestrian phasing (SR- 104 @ 232nd) a, o Funding S ■ Federal Grant (Safe Routes to School Program) $1,490,000 o Schedule ■ Design Summer 2017 — end 2018 ■ ROW early 2018 — end 2018 c ■ Construction 2019 V o Locations ■ Main @ Olympic ■ 84th Ave W @ 216th St SW ■ SR-524 @ 84t1i Ave W ■ 76th Ave W @ 206th St SW ■ SR-104 @ 232nd St SW ■ Walnut St between 7th and 9th ■ 229th PI W @ 106th Ave W/Sherwood Elementary ■ Dayton St @ 2nd Ave ■ Dayton St @ private driveway Dayton St. Walkway from 7th Ave. S to 8th Ave. S o Project Description ■ Complete missing sidewalk links (— 250' new sidewalk) ■ Curb ramp upgrades at Dayton St. @ 8th ■ Addition of bulb -outs (Dayton St. @ 8th Ave. S) ■ Incorporate into Dayton St. Utility Improvements project (from 3rd to 9th) *Funding Edmonds City Council Draft Minutes June 6, 2017 Page 7 Packet Pg. 11 5.2.a ■ Complete Streets Program (TIB) $250,000 o Schedule ■ Construction 2019 Other projects in 2018-2023 TIP • Preservation / Safety / Capacity projects o Hwy 99 Revitalization / Gateway o Annual Street Preservation o Signal Upgrades ■ Puget Dr. @ OVD (2021-2022) ■ 238th St. SW @ 100th Ave. W (2021) ■ Main St. @ 3rd Ave. (2022-2023) o Intersection Improvements ■ 220th St. SW @ 76th Ave. W (2021-2023) ■ 196th St. SW @ 88th Ave. W (2021-2023) ■ Main St. @ 9th Ave. (2019-2022) ■ Hwy. 99 @ 212th St. SW (2021-2023) ■ Hwy. 99 @ 216th St. SW (2021-2023) ■ Hwy. 99 @ 220th St. SW (2021-2023) ■ SR-104 @ 95th Pl. W (2021-2022) ■ SR-104 @ 238th St. SW (2021-2022) • Non -motorized transportation projects o Sunset Ave. (2018-2021) o Minor Sidewalk Program (2018-2023) o ADA Curb Ramp Improvements (2018-2023) 0 4th Ave. Corridor Enhancement Walkway (2021-2023) o Walkway projects near schools / parks ■ Maplewood Dr. Walkway (2021-2022) ■ Elm Way Walkway (2021-2022) ■ Walnut St. Walkway (2021) o Short Walkway projects ■ 216th St. SW from Hwy. 99 to 72nd Ave. W (2021) Summary of secured transportation grants (2016-2017) PROJECT NAME (year grant secured) Grant Type Total grant amount 76th Ave. @ 212th Intersection Improvements (2016) State $1,700,000 Dayton St. Walkway from 7th Ave. S to 8th Ave. S (2016) State $250,000 220th St. SW Signal Coordination (2016) Federal $400,000 84th Ave. W Overlay from 220th St. SW to 212th St. SW (2016) Federal $691,000 Citywide Pedestrian Crossing Enhancements (2017) Federal $1,500,000 Edmonds St. Waterfront Connector (2017) State $700,000 Hwy. 99 Revitalization / Gateway (2017) State $1,000,000 Total Amount $6,200,000 Mr. Hauss relayed staff s recommendation, City Council approval of the TIP. Council President Mesaros inquired about the Trackside Warning System (Dayton St. & Main St. Railroad crossings) that is pending BNSF approval and asked if any construction had occurred in preparation for BNSF's approval. Mr. Hauss answered most of the project is on BNSF right-of-way and Edmonds City Council Draft Minutes June 6, 2017 Page 8 Packet Pg. 12 nothing can be done without BNSF's approval. He anticipated the project could be completed in 1-1'/z months once BNSF provides their approval. Council President Mesaros observed the City received $2.6 million in federal funds for projects in 2017 and 2018. He asked whether staff had analyzed the impact of federal funds in the future considering the tenor of conversations in Washington D.C. and the federal budget. Mayor Earling answered there are a lot of mixed signals, the City has applied for some major grants. The transportation infrastructure package keeps getting delayed; it is his understanding some major grants will made available in the next month. He was not aware of any particular federal funds the City was awaiting that would delay any projects. Public Works Director Phil Williams commented the City has not heard anything on FASTLANE grants including the sizeable grant the City applied for the waterfront connector. He anticipated that project and all the FASTLANE applications were delayed while the new administration determines how to address infrastructure. He acknowledged there are a lot of unknowns and a lot of interesting comments from senior representatives of the current federal government about potential changes in funding formulas and percentages and desire for states and local provide larger percentages which would be a disappointment. He summarized it was just a wait and see. Councilmember Buckshnis thanked staff for making a presentation to the Finance Committee. She referred to staff s explanation of the $210,000 expense for the sidewalk on Dayton between 7th and 8d'. Councilmember Teitzel referred to Item 12, Main Street @ 9d', installation of traffic signal or mini - roundabout, recalling a previous TIP stated only mini -roundabout. He asked if there was still debate about a a traffic signal and a mini -roundabout and if so, will Council see the decision criterial used to reach a final solution. Mr. Hauss said a determination has not yet been made regarding a traffic signal or roundabout. Last year's CIP identified either a roundabout or traffic signal as an in-depth analysis has not been done v on either option. Once funding is secured, a preliminary analysis will be done to determine whether a roundabout or signal is the best option. The 2015 Transportation Plan states a traffic signal would improve the intersection's level of service from F to B; the improvement with a roundabout has not been determined. Another consideration is the cost; the cost of a signal is $400,000-$500,000, a roundabout would be less expensive than the Five Corners roundabout. Once that analysis is done, it will be presented to Council. m Councilmember Teitzel referred to project 22, approximately $250,000 for Sunset Avenue in 2018 and asked what that would involve, recognizing there was utility work that needed to be done in that area. Mr. Williams said the City has an active grant and needs to show activity in 2018 to keep the grant active. He agreed there was a great deal of utility work to be done on Sunset as well as determining how the waterfront connector interfaces with the walkway. Eventually a lot of the Sunset Avenue walkway improvements will be done as parts of other projects including resurfacing the street at the conclusion of those project. Interim improvements will be made at 2nd & Caspers, although not from this funding source, to prevent wrong way drivers on 2nd Avenue. Councilmember Nelson asked if the trackside warning system would be completed by the end of the year Mr. Hauss answered he thinks so, the City is making slow progress with BNSF. Mayor Earling opened the public participation portion of the public hearing. Roger Hertrich, Edmonds, referred to the description of road improvements that states chip seal along with slurry and overlays. However, the TIP does not identify any chip seal projects. He viewed chip sealing as a method to save money on street upkeep, recalling chip sealing was done one year and it worked well but apparently the Engineering Department does not like it. He urged the City to do chip sealing, observing Shoreline has done chip sealing and their streets look very nice for a lot less money. Edmonds City Council Draft Minutes June 6, 2017 Page 9 Packet Pg. 13 5.2.a Hearing no further comment, Mayor Earling closed the public hearing. No action was requested tonight. 8. ACTION ITEMS 1. PARKS DEPUTY DIRECTOR Parks & Recreation Director Carrie Hite relayed a request to revise the salary range for the new Deputy Director position. This was presented to the Public Safety & Personnel Committee last week and committee members Nelson and Fraley-Monillas supported it but requested the full Council review the request. The Parks & Recreation Department was reorganized last year and a Deputy Director position was added; at that time the 2016 wage comparable were done. The Deputy Director has since retired. Three other Parks Deputy Director positions are open in the greater Puget Sound region and Edmonds' salary is on the low end of the range. She referred to the comparable 2016 wages and 2017 wages and requested Council consider adjusting the range to be competitive in the marketplace and place Edmonds at the median of the range. Councilmember Buckshnis pointed out the job description stated City of Kirkland. Ms. Hite advised the wrong job description was included in the packet although Kirkland's job description is very similar to Edmonds'. Councilmember Johnson relayed her understanding that when Ms. Hite was the reporting director forCL a Human Resources, Ms. McRae was promoted to Deputy Director to handle the workload. Since then, Ms. Q Hite has returned full time Parks & Recreation Director and the City has a Human Resources Director. M She asked how many managers were in the Parks & Recreation Department before Ms. McRae's N promotion. Ms. Hite answered there were three managers; following the reorganization, there are two N managers and one deputy director; no FTEs were added. Councilmember Johnson asked if the intent was; to return to three managers. Ms. Hite explained the intent was to continue to have a deputy director and c two managers. Councilmember Johnson asked if there would be a pool of applicants at a different salary range for a manager. Ms. Hite agreed there would be a different applicant pool. Councilmember Johnson asked if that would meet the department's needs. Ms. Hite answered no. Councilmember Johnson asked what the assistant director would add to the organization. Ms. Hite answered a recreation manager only oversees recreational programs and recreation staff. A deputy director adds the capacity for that person to also assist with park planning, projects and project management, business services, contracts, concessions, extra services that are not included in the recreation manager job or their skill level. That position is very helpful for the department allows a great deal of planning, grant writing, assistance with the ambitious CIP program etc. Councilmember Johnson observed this position would assist with Ms. Hite's workload. Ms. Hite said the department is very busy and it is helpful to have someone with the skill set to write grants, manage projects and act as project manager. Councilmember Buckshnis requested the correct job description be included when this item is scheduled on the Consent Agenda. Ms. Hite agreed. COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE NEW SALARY RANGE FOR THE PARKS DEPUTY DIRECTOR. Councilmember Johnson asked if the Council was approving the salary range as well as the job description. Ms. Hite advised the Council approved the job description during the budget process last year. Edmonds City Council Draft Minutes June 6, 2017 Page 10 Packet Pg. 14 5.2.a MOTION CARRIED UNANIMOUSLY. 2. CLOSED RECORD REVIEW ON REZONE FOR PROPERTY UNDER CONTRACT REZONE R-97-28 CONTRACT RS-8 TO RS-12) Mayor Earling explained the purpose of this closed record review hearing is for the City Council to address the Planning Board's recommendation to approve the site -specific rezone of five parcels within the Perrinville area of Edmonds between 80'h Avenue West and Olympic View Drive, file number N PLN20170013. He opened the closed record review hearing and provided direction for speakers. The? hearing is on the rezone initiated by the City with Resolution No. 1384. It is not an open record hearing c and there is no opportunity during the closed review hearing for public testimony other than oral argument from parties of record. The parties of record include the applicant, the City; any person who testified at the open record public hearing on the application; and any person who individually submitted written comments concerning the application at the open record public hearing. The Appearance of Fairness Doctrine requires that this hearing be fair in form, substance and appearance. The hearing must not only be fair but also must appear to be fair. Mayor Earling asked whether any v member of the decision -making body had engaged in communication with opponents or proponents c regarding the issues in this matter outside the hearing process. Councilmembers Buckshnis, Nelson, Fraley-Monillas, Johnson, Tibbott and Teitzel, Council President Mesaros and Mayor Earling indicated 0 they had not had any communication with opponents or proponents on this matter. 0. Q Mayor Earling asked if any member of the decision -making body had a conflict and believed he/she could r not hear and consider the application in a fair and objective manner. Councilmembers Teitzel, Tibbott, N Johnson Fraley-Monillas, Nelson, Buckshnis, Council President Mesaros and Mayor Earling indicated they had no conflicts and could hearing the matter in a fair and objective manner. c Mayor Earling asked if there were any objections to his or any Councilmembers' participation as a decision -maker in the hearing. No objections were voiced. Mayor Earling described the procedures for presentation: oral argument by the applicant and parties of m record would be limited to five minutes per person. The Council's jurisdiction is in the closed record hearing is to determine whether the applicant had made the showing required in ECDC 20.40. 0 V Senior Planner Kernen Lien displayed a map of the area, identifying the five parcels, four of which are privately owned and one is owned by the City. He described: cc 0 Site history: ti 0 1996: Street Map Amendment and Street Vacation (ST-96-77 and ST-96-78) N 0 1997: Contract Rezone (R-97-28) RS-12 to RS-8 c o 2001: 9 M ■ City Initiates Rezone from RS-8 back to RS-12 (R-01-168) ■ Settlement Agreement for PRD Submittal 0 2005: Angler's Crossing Plat/PRD (P-05-136 and PRD-05-137) 0 2017: ■ Subdivision expired January 2017 ■ City Council initiates rezone with resolution No. 1384 Highlights of Contract Rezone R-97-28 o Contract rezone adds conditions above what would normally be required in the zone o Site had to be developed via PUD process o Conditions reference the street vacation and street map amendments that were applied for in 1996 Edmonds City Council Draft Minutes June 6, 2017 Page 11 Packet Pg. 15 5.2.a • Rezone proposal o From contract RS-8 to RS-12 (no contract) ■ Lot Area - RS-8: 8,000 square feet - RS-12: 12,000 square feet Density - RS-8: 5.5 units per acre - RS-12: 3.7 units per acre Lot width - RS-8: 70 feet - RS-12: 80 feet ■ Rezone would also invalidate ST-96-77 & ST-96-98 Rezone Review Criteria o ECDC 20.40.010, the Planning Board review shall at least consider the following factors in reviewing a proposed rezone ■ Comprehensive Plan ■ Zoning Ordinance ■ Surrounding Area ■ Changes ■ Suitability ■ Value o Comprehensive Plan Q ■ Current zoning is not consistent with Comprehensive Plan - Comprehensive Plan Designation is Single Family Resource c i ■ Compatible Zoning v - RSW-12, RS-12, and RS-20 ,n ■ Rezoning to RS-12 will make the property consistent with the Comprehensive Plan W Designation o Zoning Ordinance a� ■ Two zoning purposes S - "to assist in the implementation of the adopted comprehensive plan for the physical development of the city by regulating and providing for existing uses and planning for the future as specified in the comprehensive plan." ECDC 16.00.010.A - "To provide for areas of residential uses at a range of densities consistent with public 3 0 health and safety and the adopted comprehensive plan." ECDC 16.10.000.A c� ■ One of the reasons the City has large lot comprehensive plan designations and zoning is to protect critical areas. o ■ Larger lot sizes provide more opportunity to avoid disturbance of existing natural features r - particularly vegetative cover - and provide an opportunity to maintain linkages between N critical areas and habitat. to 0 ■ Larger lots sizes in areas subject to landslide hazards also reduce the need to disturb c existing vegetation and slopes, and also reduce the probability that continued slide c activity will harm people or residences. d ■ Rezoning the property to RS-12 will provide a density that is more consistent with site z constraints and be consistent the purposes of the zoning ordinance. o Surrounding area Q ■ Surrounded on three sides by single family zones ■ Of the three adjacent single family zones, only RS-12 is consistent with the Comprehensive Plan o Changes ■ Comprehensive Plan Edmonds City Council Draft Minutes June 6, 2017 Page 12 Packet Pg. 16 5.2.a - 1997 - Did not distinguish between small lot and large lot single family designations - 2003 - First differentiation between small lot and large lot single family designations - 2004 - Current five categories for single family designations, include the single family resource designation for the site ■ Planned Residential Development - Contract rezone requires the site be developed through the PRD Process - Changes to the PRD code make it unlikely that a development could meet the current PRD standards due to inability to count critical areas to meet open space requirements o Suitability ■ History and contract rezone was leading towards a specific development that expired and never came to fruition ■ Prior to contract rezone, site was zoned RS-12 o Value ■ Given the changes to the PRD code noted above, the site could not likely be development under the current PRD regulations ■ Rezoning the site to RS-12 will allow the property to be developed at densities appropriate for the constraints on the property and other existing regulations (e.g. critical area and storm water regulations) will provide a relative gain to the public health, safety and welfare over the existing contract RS 8 zoning classification. Conclusion and recommendation o Procedural history was for a specific development that has expired a o Changes to Comprehensive Plan o Changes to the development code o Recommend initiating rezone from contract RS-8 back to RS-12 o Comments received ■ Received an email this afternoon opposing the rezone (prior to Planning Board public hearing) E Mayor Earling referred to the email received this afternoon. Mr. Lien explained his presentation was the PowerPoint from the Planning Board public hearing; that referred to an email from Mr. Heighway expressing opposition to a rezone from RS-12 to RS-8. Mr. Heighway's email and comments at the Planning Board referred to specific development on the site. Mr. Lien explained there is no development application; this is solely a rezone from the contract RS-8 to RS-12. Councilmember Teitzel commented westbound traffic on 80th takes a sharp right onto Olympic View Drive. He recalled earlier discussion about extending 184th Street to connect to Olympic View Drive straight instead of a 90-degree turn. He asked if this rezone would affect the plans to extend 184th. Mr. Lien said the rezone would invalidate street map amendments ST-96-77 & ST-96-98. He displayed a drawing that identified an area with potential for a future road for the site and vacation of a portion of 184th right-of-way on Olympic View Drive. The City's approval in 1996 required a connection between 80th Avenue and Olympic View D. Staff and the Fire District no longer desire connection between 80th and OVD. When the street vacation was processed, the neighborhood wanted the connection between 80th Avenue and Olympic View Drive. When the PRD was being processed in 2007, the neighborhood did not want that connection. A street vacation and street map amendment, which are both Council decisions, will be associated with any future development on the site. Councilmember Johnson asked the size of the four privately owned parcels. Mr. Lien advised they comprise 4.7 acres. Based strictly on area, under the RS-8 zone, there would be potential for 25 lots. Under the RS-12 zoning, there would be potential for 17 lots. Any access easement/road is subtracted from the lot area; a more reasonable number under the RS-12 zone may be 12-13 lots on the 4 parcels. Edmonds City Council Draft Minutes June 6, 2017 Page 13 Packet Pg. 17 5.2.a Councilmember Tibbott asked if that included critical areas. Mr. Lien said one of the critical area regulations that applies in the RS-12 zone that does not apply in R-8 is the 30% native vegetation requirement. An application for this property would require at least 30% of the site to be set aside in native vegetation; there are also steep slopes on the site that will require geotech analysis. He summarized the biggest difference was the 30% native vegetation requirement that applies to RS-12 not RS-8 zones. Councilmember Buckshnis clarified there is no application, and she did not want to speculate on the number lots. Mr. Lien said the number of lots he cited was based on a straight density requirement but there are many issues on the site that would reduce that number. He assured there was no application, the Council was only considering the rezone tonight. Mayor Earling opened public participation from parties of record. Hearing no public comment, Mayor Earling closed the public hearing. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS, TO ADOPT ORDINANCE NO. 4071, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS AND CONCLUSIONS AND APPROVING A CHANGE IN ZONING FOR CERTAIN PROPERTY SUBJECT TO CONTRACT REZONE R- 97-28 FROM CONTRACT RS-8 TO RS-12; AUTHORIZING AMENDMENT OF THE CITY'S OFFICIAL ZONING MAP. MOTION CARRIED UNANIMOUSLY. Mayor Earling declared a brief recess. T 9. STUDY ITEMS N 1. REVIEW OF UPDATES TO PROPOSED HIGHWAY 99 SUBAREA PLAN Development Services Director Shane Hope introduced John Fregonese, Principal, Fregonese Associates. Mr. Fregonese explained since the public hearing minor changes have been made to the plan, the EIS prepared and ensured consistency between the EIS, plan and zoning. He displayed the project timeline, explaining the project is in the final adoption process. He announced: 0 Upcoming EIS Open House — June 20th o Opportunity for the public to learn about the Draft Environmental Impact Statement (EIS) on Tuesday, June 20 at 6pm in the Brackett Room at City Hall. o Public Comment period: June 2 through July 3, 2017 ■ Submit written comments to: City of Edmonds Development Services Attn: Robert Chave, Manager — Planning Division 121 5th Avenue North Edmonds, WA 98020 ■ Or via email: planning@edmondswa.gov Mr. Fregonese reviewed: • Community values: o Connectivity o Destinations o Beautification o Safety o Walkability o Affordable housing o Healthy businesses Edmonds City Council Draft Minutes June 6, 2017 Page 14 Packet Pg. 18 5.2.a • Distinct Subdistricts o Major local and regional destinations on Hwy 99 ■ International District - Diverse restaurants, grocers and shops; major Korean business cluster ■ Health District - Swedish Hospital and medical offices ■ Gateway District - Identified by the community during workshop - Desire for "gateway" and distinct transition point in and out of Edmonds Key Assets in Corridor Area o Opportunity to build on the momentum of ongoing improvements in Shoreline along Hwy 99 o High -quality transit facilities already in place providing links to housing, jobs and amenities in the region o Distinct districts already emerging - International and Health Districts - that provide core services and amenities o Already a mixed -use district with retail uses adjacent to single- and multi -family housing o Business, developer community and residents are ready to see positive changes to create a safe, walkable, healthy place Alternative Scenarios o Alternative 1: No Action ■ -Future growth would continue based on existing development regulations and past trends ■ -Higher intensity mixed -use and residential buildings would be unfeasible under this T scenario r� ■ -As a result, commercial development would continue to be primary use along Hwy 99 o Alternative 2: Preferred Alternative ■ -Higher intensity mixed -use growth - greater balance of residential, commercial, and office use ■ -Transportation improvements to increase east/west connectivity, provide greater bicycle/pedestrian mobility, and improved access to transit Mr. Fregonese reviewed Implementation Strategies, Policy Recommendations + Actions • Draft Zoning & Development Recommendations o Strengthen Economic Opportunity ■ Support unique business clusters such as International District and Health District ■ Major auto sales facilities remain important to the local economy. Pedestrian Activity Zone standard will allow auto sales to continue business as usual o Encourage Sustainable Building Practices ■ Transit and pedestrian -friendly development with less reliance on automobile trips, should be promoted through new design standards ■ Consider requiring electric vehicle charging facilities especially within new residential developments and bicycle facilities ■ Encourage use of solar panels and green building practices o Map of proposed update to Comprehensive Plan designations ■ Health District ■ International District ■ Gateway District o Current Zoning Map ■ The only difference between CG and CG2 is the height limit (CG = 60' and CG2 = 75') ■ Many current zones are remnants from the county's antiquated zoning ■ Many zones do not match with the parcel boundaries Edmonds City Council Draft Minutes June 6, 2017 Page 15 Packet Pg. 19 5.2.a o Proposed Zoning Map ■ The proposal is to change these zones to the consolidated CG zone ■ Incorporate design standards directly into zones to ensure scale transition into neighborhoods ■ More predictable outcomes for community o Comprehensive Plan Map ■ New zoning is consistent with the Comprehensive Plan map o Strengthen current design standards ■ Incorporate them directly into the zoning code ■ Consideration of special circumstances within the corridor will be made to ensure the standards are feasible, such as large parcels that would have multiple buildings if redeveloped and parcels with unique access or transportation challenges may require a modified approach to the design standards. o Amenity Space r ■ Outdoor amenity space, such as landscaping, benches, etc. should be required in conjunction with development ■ A portion of the required amenity space should be provided as common space and may 'o include pedestrian areas 0 Recommended Front Stepback for Multifamily and Mixed -Use Adjacent to Single Family Zones c o UPPER FLOOR SETBACK > ■ Zero setback up to 25 feet in height (30 feet is the maximum height in RM 1.5, which is ° the predominant zone surrounding the commercial zones on Highway 99). Q ■ 10 foot setback beyond 25 feet in height on sides with lot line adjacency to single family zones ■ 20 foot setback beyond 55 feet in height on sides with lot line adjacency to single family v zones ■ Stepback areas can be used for active outdoor space such as balconies. Recommended Transit -Supportive Parking Standards o Adjust current minimums; follow market demand for parking a� ■ Residential S - Current: Studio: 1.2 / 1-Bedroom: 1.5 / 2-Bedroom: 1.8 / 3-Bedroom: 2 m ■ Recommended for residential portion of development: Minimum average of 0.75 spaces per unit for units 700 sq. ft. or less (and 1.75 spaces for larger units) ■ A different ratio may be approved if City determines development is near transit station c or supported by a parking study c� Draft Affordable Housing Recommendations L o Define Hwy 99 area as a "target area" to allow Multi -Family Tax Exemption (MFTE) o projects r ■ Pass ordinance to enable MFTE project in Hwy 99 area N ■ All residential -portion of building value tax exempt for 12 years with at least 20% o affordable units 0 o Continue or enhance fee waiver program for affordable housing ■ Enhance or enhance City program to allow the reduction of transportation and park impact fees for projects that include affordable housing z o Mixed -Use, Mixed -Income Demonstration Project ■ Identify site with willing owner or City purchase/transferrable option Q ■ Actively recruit developers (non-profit; public -private) ■ Pilot project for new MFTE and fee waiver programs, and other possible special assessment districts o Other Affordable Housing and Infrastructure Finance Recommendations ■ Key Financing Tools and Funding Sources to Pursue Edmonds City Council Draft Minutes June 6, 2017 Page 16 Packet Pg. 20 5.2.a - City Fund for Redevelopment and Affordable Housing - Community Renewal Area (CRA) - used in Shoreline - Hospital Benefit Zone (HBZ) Financing Program - Local Infrastructure Project Area (LIPA) Financing - Landscape Conservation and Local Improvement Program (LCLIP) - Low Income Housing Tax Credits (LIHTC) - HUD HOME Program - HUD CDBG Program - Enterprise Community Partiers Regional Equitable Development Initiative Draft Signage & Wayfinding Recommendations o Gateway Signage at Hwy 99/Hwy 104 interchange o Transit Gateway Signage/Station at Hwy 99/228th o Improve wayfinding signage along corridor ■ Identify downtown, Lake Ballinger, multiuse path (Interurban Trail), new regional rail, International District, Health District, other activity nodes o Unique District Design Identity ■ Branding, public/local art, street furniture, unique bus shelter designs, pavement patterns, special lighting fixtures, colored crosswalks, banners, etc. o Prohibit new pole signs Draft Transportation Recommendations o Improve Transit Transfers: ■ Unify/consolidate BRT and local transit stops to reduce walking distance for transfers a o Hwy 99 and 228th will be Key Intersection ■ 228th will connect Edmonds to regional rail in Mountlake Terrace. c i ■ Shuttle/transit service from Hwy 99 to regional rail station cm ■ Consolidated transit stop at 228th ,n ■ New BRT station ■ Clear signage ■ High quality bike connection on 228th o Incentivize Alternative Transportation Options: ■ Car Share/Bike Share ■ On -site bike parking ■ Ride sharing services (Uber, Lyft) ■ Electric car charging stations ■ Incentives: Impact fee reductions and parking requirement offsets for providing dedicated accommodating alternative transportation options on -site Draft Transportation Infrastructure Recommendations o Expand use of grant programs to fund safety improvements and pedestrian facilities ■ Safe Route to School Program ■ Pedestrian and Bicycle Program ■ Highway Safety Improvements Program (HSIP) ■ Congestion Mitigation & Air Quality Program (CMAQ) o Proposed Short & Long -Term Transportation Improvements ■ Transportation Goals: - Improve pedestrian safety and access to/from Hwy 99 corridor - Improve pedestrian environment along Hwy 99 corridor - Safe pedestrian crossing of Hwy 99 and access to transit - Improved transit mobility and transit stop environment - Improved traffic flow and general safety with access management ■ Key Recommended Transportation Improvements - Close the most significant gap in the pedestrian crossings within the corridor Edmonds City Council Draft Minutes June 6, 2017 Page 17 Packet Pg. 21 5.2.a - 238th to 228th - a distance of 3,700 ft. - has no controlled pedestrian crossing - Improve pedestrian access from the south at the SR 104 interchange - Long-term recommendation: Reconfigure ramps to conventional 90-degree stop control intersections - Short-term recommendation: Install Rectangular Rapid Flashing Beacons (RRFB's) with high visibility crosswalk - Improve connections between transit and major employment centers ➢ Swift Stations at 216th and the Swedish Hospital Campus: Implement a pedestrian walkway system within campus with wayfinding o Maps of Planned Transportation Improvements and Project Supportive Transportation Improvements Mr. Fregonese identified next steps: • Open House for Draft EIS (June 20) • City Council Public Hearing on draft Development Regulations (June 20) • Planning Board Review of Proposed Planned Action Code Language (June 28) • Planning Board public hearing on Planning Action Code Language (July) • City Council review of Planning Board's Recommendation for Planned Action Code Language (July) • City Council to consider adopting: (a) Subarea Plan, (b) Development Code Amendments and (c) Planned Action Ordinance (August) Councilmember Fraley-Monillas asked if Ms. Hope was able to fix the zoning issue around Safeway T including the church next to Safeway. Ms. Hope answered yes, that will be proposed in the plan. Councilmember Fraley-Monillas commented there was very little vacant property in Edmonds and these sites have enough land to build. Councilmember Johnson relayed her understanding that the Planned EIS would facilitate development proposals within the scope. Ms. Hope answered a Planned Action EIS allows for a planned action option. If the Planned Action EIS has been done, any project that fits the scope does not need to do extra environmental review or an extra SEPA process. That is why two alternatives were considered in the EIS. Councilmember Tibbott referred to the two alternatives, no action and the preferred alternative, observing there were three districts as well as a transition between single family such as 3-story apartments as a buffer between 5 over 1. Mr. Fregonese said that was assumed to be the logical development; the problem is those areas have no commercial potential. Councilmember Tibbott asked about design standards for the transition zone between single family and more intensive multi -family. Mr. Fregonese answered the design standards include streetscape standards that do not allow blank walls and require entries, sidewalks, amities, etc. The building step -back is based on building height. Councilmember Tibbott commented the scenario illustrated on the map would not necessarily occur. Mr. Fregonese answered it would not be across the street. Ms. Hope said that scenario was illustrating assumptions of build -out; the actual regulations may apply in a different manner. Councilmember Tibbott was unclear whether there was a transition zone between single family and the more intensive multi- family. Mr. Fregonese displayed the proposed zoning map, pointing out the uses are adjacent. When lots are adjacent to single family, there is a 50-foot setback but that does not apply if the development is across the street. He explained it was not realistic to have mixed use development in all locations and would result in more ground floor retail than the market could absorb. It would be logical to have some transition with market buildout. The uses illustrated in the scenarios are permitted under the zoning but it Edmonds City Council Draft Minutes June 6, 2017 Page 18 Packet Pg. 22 5.2.a is not the maximum. Including uses in the EIS that are unlikely to be built adds mitigation to the EIS that will not be realized. The scenario is approximately 2,000 units and 3,000 jobs, a healthy margin for growth that would take some time to absorb and another EIS would not be required until that level was approached. Councilmember Tibbott observed this is a projection rather than illustration of code. Mr. Fregonese said it did not represent a buildout of the code; it was a scenario projection of what was likely in 20 years. Councilmember Tibbott asked how the transition zone would be defined. Mr. Fregonese answered there is no transition zone; the zoning map illustrates mixed use zones adjacent to residential. Ms. Hope pointed out that is the case in some areas currently. Councilmember Tibbott relayed his understanding that theoretically there could be a single-family residence and a 75-foot high building across the street. Mr. Fregonese agreed that was possible. Councilmember Tibbott asked if there would be any step -backs. Mr. Fregonese said yes for a side or rear yard but not across the street. Councilmember Tibbott said he had concerns with that. Councilmember Tibbott asked whether the new design standards would apply to used car lots on Hwy 99 or only to incentivized redevelopment. Mr. Fregonese answered if a car lot was redeveloped, there would 'o be subject to design standards. He offered to provide examples of a car lot in an area like this with a 0 sidewalk and showroom in front and storage in back. The plan ensures car dealers can upgrade and be o compatible and still maintain their profitable use. Councilmember Tibbott asked when those improvements would be required. Ms. Hope answered with redevelopment. Councilmember Tibbott asked if there was any incentive for a car lot other than growing their business or redeveloping their a property. Mr. Fregonese said in his experience, new car dealers and higher end used car dealers will keep their businesses up-to-date. Often the car dealers have a parking structure for storage in the back and a V_, showroom in front. Councilmember Teitzel commented the vision is great; he was looking forward to a beautiful boulevard like one might see in France on Hwy 99 with wide sidewalks, outdoor dining, landscaping, etc. However, traffic speeds of 45 mph seem contrary to that vision in terms of pedestrian enjoyment. He asked if there were any plans to work with the State to reduce the speed limit to 35 mph in concert with synchronizing traffic lights. Mr. Fregonese answered no, it is a State highway and regulations related to speed are quite rigid. Amenity areas go up to the street and between buildings, but realistically a sidewalk caf6 was unlikely to be next to the street. Councilmember Fraley-Monillas suggested looking at what Shoreline and Lynnwood have done where sidewalk cafes are inside the developments, not adjacent to Hwy 99. To Councilmember Tibbott's comments about step -backs, her understanding was a building across the street from a residential neighborhood would have a 15-foot setback and then step -backs. Mr. Fregonese said the current regulations did not require that. Councilmember Fraley-Monillas suggested the Council may want to discuss that. Ms. Hope said it was discussed at the Planning Board but they ultimately recognized an extra step -back may not be needed when the width of the street was between the uses. Councilmember Fraley- Monillas agreed with Councilmember Tibbott, having a step -back may be more palatable to the neighborhoods to avoid looking at a huge wall. She was hopeful that would also be addressed by design standards. Councilmember Buckshnis inquired about grandfathering, recalling property owners at the Planning Board who stated did not want to redevelop. Ms. Hope said property owners can keep their building as they are but when they redevelop or make a significant change, the new standards would apply. There are options included in the proposed plan about how the standards would apply. Mr. Fregonese referred to the three levels of flexibility. Edmonds City Council Draft Minutes June 6, 2017 Page 19 Packet Pg. 23 Councilmember Buckshnis pointed out there would still a streetscape in front of the building with trees, and a sidewalk in front of the building. Mr. Fregonese agreed, noting amenity areas are also required in front of the building. 2. REVIEW OF PROPOSED HIGHWAY 99 AREA DEVELOPMENT REGULATIONS Development Services Director Shane Hope explained this is the proposed code to implement the subarea plan. The Planning Board reviewed the code, held a public hearing and provided a recommendation. John Fregonese, Principal, Fregonese Associates, advised the development regulations have also been revised taking into account comments from property owners. He identified parcels on the zoning map proposed to be changed to the consolidated CG zone, commenting the new zoning is consistent with the Comprehensive Plan map. He reviewed: • Site development standards General 16.60.020 o The pedestrian area adjacent to the street is composed of three zones: the streetscape zone, the pedestrian zone, and the streetscape zone (Section 16.60.020.C.2) ■ Changed "amenity zone" to "streetscape zone" ■ Added dimensions o Additional building stepback when adjacent to RS zones ■ Upper Stories stepback 10' for 25' of building height; and 20' for 55' of building height • Site development standards — design standards 16.60.030.A. LE o 15' setback with 10' landscape buffer • A minimum five feet wide type IV landscaping is required along all street frontages where parking lots about the street. Section 16.60.030.A.1 • Access and vehicle parking o All off-street surface parking shall be located to the side or rear of the primary building, except as otherwise specifically allowed by this chapter, and shall be screened from the sidewalk by a wall or plantings between 2 to 4 feet in height. o Outdoor parking areas shall comprise 40% or less of the public street frontage area within 100 feet of the primary street for the lot or tract and, on corner lots, may not be located at the corner. The requirements of this subsection do not apply to permitted auto sales uses. • Required electric vehicle charging stations (Section 16.60.030.B.5) o One or more electric vehicle charging stations must be provided for all new development that includes housing. • Bicycle storage spaces (Section 16.60.030.B.6) o Bicycle storage spaces for multifamily housing, excluding housing for assisted living or other specialized facilities, shall be provided for residents 0 1 bicycle storage space for each residential unit under 700 square feet and 2 bicycle storage spaces for each residential unit greater than 700 square feet • Paths within parking lots (Section 16.60.030.B.8) o Pedestrian walkways in parking lots shall be delineated by separate paved routes that meet federal accessibility requirements and that use a variation in textures and/or colors and may include landscape barriers and landscape islands • Pedestrian and transit access (Section 16.60.030.B.11) o Where a transit station or bus stop is located in front of or adjacent to a parcel, pedestrian connections linking the station or stop directly to the development are required. o Pedestrians routes shall connect buildings on the same site to each other • Site Development Standards — Site Design and Layout 16.60.030.0 o Alternative Pedestrian Oriented Design (Section 16.60.030.C.1) ■ At least 50% of a building's fagade facing the primary public street shall be located within 20 feet of the property line where the primary street frontage exists. Edmonds City Council Draft Minutes June 6, 2017 Page 20 Packet Pg. 24 5.2.a ■ Building must include a prominent pedestrian entry on the primary frontage ■ Vehicle parking shall not be located within the first 20 feet of the primary street frontage, other than as allowed for vehicle sales use. o Alternative Walkable Design Area Option ■ For sites with unique constraints. ■ At least 50% of the building's fagade facing the primary street shall be located within 60 feet of the front property line o Exceptions Process for Pedestrian and Walkable Design Options ■ Exemptions may be allowed by hearing examiner to provide for design flexibility that still encourages pedestrian orientation and efficient land uses under following criteria: - Property is located within 300 feet of highway interchange or has unique pedestrian access constraints - One or more buildings are located facing the primary street frontage - The development provides business and pedestrian areas near the primary street frontage and likely to be active through the day/evening. - At least 25% of required amenity space is located to connect building to the street - Where a site has multiple buildings, amenity space should be located between buildings to allow shared use - One or more buildings on the site must have at least two stories of usable space o Amenity space (Section 16.60.030.C.4) ■ An area equivalent to at least 5% of the building footprint shall be provided as amenity space. Q ■ If a vehicle parking area is being added to the site without the concurrent development of a building of at least 2,000 square feet, amenity space must be provided to equal at least 5% of the additional parking area. ■ Example of amenity space in Costa Mesa, California o Building Design and Massing (Section 16.60.030.D.2) d ■ On the primary frontage, 50% of the building fagade between two and 10 feet in height c shall be comprised of windows or doors that are transparent 2 Mr. Fregonese reviewed examples of buildings in Portland: c • New Seasons building on N Williams Street • Safeway on Hawthorne Boulevard • Safeway on Hwy 99/Barbur Boulevard c • Fred Meyer on Interstate Avenue, c Mr. Fregonese provided photographs illustrating the Health District Gateway and SW 234th today, with initial public investment and corresponding private investment. Ms. Hope invited input from the Council and advised a public hearing is scheduled on June 20. Councilmember Tibbott referred to the recommendations section and desire for greater east and west connectivity and asked whether design standards would apply to east/west streets such as on 228th west of Hwy 99. Ms. Hope said the proposal applies to some of side streets in the district. Mr. Fregonese said every street, not just Hwy 99, has an amenity zone, landscaping, parking, buildings, etc. Benefits are most often realized with buildings on a corner due to the availability of additional space. Councilmember Tibbott relayed his understanding the design standards would apply to east -west corridors within the district. Ms. Hope agreed, noting in some areas that is several blocks. Councilmember Nelson referred to the examples of Safeway properties with solar panels. He asked if that was a decision made by Safeway or zoning requirements. Mr. Fregonese said it was Safeway's commitment to sustainability and tax credit programs that encourage that. Councilmember Nelson referred to changes in the Hwy 99 Plan related to sustainable practices and asked how to get that from the Edmonds City Council Draft Minutes June 6, 2017 Page 21 Packet Pg. 25 5.2.a plan into the code and provide incentives for green buildings. Ms. Hope said staff has been considering how to incentivize that. For example, not counting solar improvements in the building valuable for permit purposes although that is not a huge amount. There are some applicable State programs that may be more attractive than City programs. Staff is open to ways to encourage it via a financial incentive. Mr. Fregonese said there are non -profits in the Northwest that work with large organizations like Safeway to develop programs, financing, tax credits, etc. He suggested contacting the non -profits and referring developers to them. Safeway's program has a 3'/2 year payback. Councilmember Johnson recalled in the Westgate plan, there were step -backs from SR-104 to provide a less imposing facade for motorists and pedestrians. She asked if step -backs from Hwy 99 had been considered. Mr. Fregonese answered it was considered but some of the lots are very small and step -backs eliminate buildable space that make development feasible. He understood the desire for step -backs adjacent to single family but there was not a cost -benefit for a step -backs on Hwy 99. Councilmember Johnson commented it was possible full buildout at 220ffi could have 5-7 foot buildings on all 4 corners. Ms. Hope pointed out Hwy 99 is 100 feet wide plus the setback which provides a much wider space in this corridor. Councilmember Johnson commented a lot of builders are providing parking on the first floor and asked if t� that would be allowed. Ms. Hope said it would be unusual due to the 50% glazing requirement. Mr. o Fregonese said there is often tuck -under parking in back. That could be addressed by requiring a certain percentage of the ground floor not be parking. Councilmember Johnson supported adding that. a a Councilmember Johnson referred to fake facades along the sidewalk at 196t' and Hwy 99 in Lynnwood a where there is no street access to individual buildings. Mr. Fregonese said the plan requires a pedestrian path from the sidewalk to the building and windows and doors are required on the frontage. Councilmember Johnson asked if building towers with higher density are allowed on the north end or the corridor. Ms. Hope answered it is the same as currently exists; there is no height limit in the area of the hospital. Councilmember Johnson asked if that included the area near Funtasia, recalling there was a redevelopment proposal in that area. Ms. Hope said building heights are limited to six stories in that area. m m Councilmember Fraley-Monillas relayed she has received calls from residents concerned with cut -through traffic on the east side of Hwy 99 and potentially other areas. She asked how single-family residences would be protected from their local streets becoming arterials. Ms. Hope said that has not been c specifically addressed. Mr. Fregonese said transportation improvements in the plan include traffic c� calming, signals, pedestrian crossings, etc. to slow and calm traffic, rather than to facilitate higher speeds. Councilmember Fraley-Monillas said residents have expressed interest in traffic calming devices to keep o traffic speeding from SR-104 to the freeway. Mr. Fregonese said that may be one of the first things the T City wants to consider. N to 0 Councilmember Buckshnis referred to Chapter 16.60 that addresses the CG zones and asked if that was c specific to the Hwy 99 area, recalling there was CG2 zoned property in other areas. Ms. Hope answered there was only one contract CG2 rezone area and this would not apply to that area. d E z Councilmember Buckshnis referred to the example provided of the Hawthorne Safeway, and said that is where she shopped. She asked whether in additional to a financial incentive for solar panels, could the Q City offer a faster permit process for large buildings. Ms. Hope answered the challenge is offering a faster permit process for some projects results in delays for other projects. Mayor Earling announced there would a 10-minute executive session at the end of the agenda. 3. RFP FOR BASELINE STUDY OF EDMONDS MARSH Edmonds City Council Draft Minutes June 6, 2017 Page 22 Packet Pg. 26 5.2.a Development Services Director Shane Hope explained the draft RFP was developed by the small working group comprised of three Councilmembers and two staff. The RFP contains four required components and five optional components. She anticipated releasing the RFP once approved by the City Council, see what proposals are submitted and then choose a firm that meets the criteria. The RFP does not include a budget to provide flexibility regarding what consultants offer. She reviewed the process, allow 6-8 weeks for responses to the RFP, Council consideration, selection, contract negotiation, etc. with the study beginning in early fall. Councilmember Buckshnis commented the RFP was very well done. She and Ms. Hope initially worked on the RFP and then a task force was suggested by Council President Mesaros comprised of Council President Mesaros, herself, Councilmember Nelson, City Attorney Jeff Taraday, Senior Planner Kernen Lien and Council Assistant Andrew Pierce. To Mr. Scordino's comment about the hydrology in Component 7, Councilmember Buckshnis said although Component 7, impacts of cleaning out SR-104 culverts is optional, Component 1 address hydrologic functions (related to water flow and stormwater management). She suggested looking at the entire marsh including the Willow Creek and Shellabarger sides. The task force intends to interview respondents to the RFP at open meetings and narrow them to three and then have the entire Council interview the finalists. She expressed support for the RFP. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO FORWARD THE RFP FOR A SITE -SPECIFIC, PLANNING -LEVEL SCIENTIFIC STUDY M OF THE EDMONDS MARSH TO THE CONSENT AGENDA NEXT WEEK. N Council President Mesaros relayed there were very good discussion as the task force developed the RFP. He anticipated a lot of surprises in the responses to the RFP and more discussion regarding the scope of the study, especially when the cost estimates are provided. He agreed with Councilmember Buckshnis' comments about the SR-104 culverts, Component 7 is an add -on to the total hydrology. He summarized the RFP was a good document and he looked forward to the responses. Councilmember Tibbott was supportive of a baseline study but wanted to ensure the focus was on the required components. He asked about the membership of the task force and whether there were any citizens. Council President Mesaros clarified there were no citizens; at his suggestion, a task force comprised of himself, Councilmembers Buckshnis and Nelson, Ms. Hope and Mr. Lien and Mr. Pierce was formed. Mr. Taraday joined the task force at Councilmember Buckshnis' suggestion. Councilmember Tibbott suggested that be clarified in the RFP. Council President Mesaros said the responders to the RFP shouldn't care who reviews their response as it will be eventually reviewed and approved by the full Council. Councilmember Tibbott said the task force was not explained in the document. Council President Mesaros offered to draft a document regarding the task force for the Council but it would not be included in the RFP. Councilmember Tibbott expressed concern Willow Creek Daylighting Impacts was a required component and preferred it be optional until the scope and cost of that study was determined. He was very supportive of best available science in a baseline study but wanted to ensure the right things were studied in the right order. He was concerned the City could be doing too expansive of a study too soon and developing unrelated information. He wanted to ensure the City was doing things in a prioritized manner and not paying for more of a study than was needed at this time. Councilmember Buckshnis, a member of the WRIA 8 grant committee, said the City has received nearly $500,000 in grant funds to design daylighting of Willow Creek. She was hopeful the daylighting of Willow Creek would come to fruition and felt it was an instrumental part of this entire project. Councilmember Tibbott asked whether that could be paid for Edmonds City Council Draft Minutes June 6, 2017 Page 23 Packet Pg. 27 5.2.a with WIRA 8 funds rather than with the baseline study. Councilmember Buckshnis said she did not think SO. Councilmember Teitzel said he was anxious to proceed with the RFP. He referred to the purpose of the study, "The study should inform the City about the existing ecological conditions of the Edmonds Marsh and its wildlife, along with the range of buffer widths and restoration approaches necessary to preserve and enhance the health of the Edmonds Marsh into the future." He agreed with the need for a better scientific assessment of existing conditions at the marsh, but shared Councilmember Tibbott's concern that daylighting of Willow Creek will happen in the future, and due to the uncertainty of funding at the State and Federal levels, it was unclear when daylighting of Willow Creek would occur. Speculating on a future action did not square with him with existing ecology conditions. He supported Councilmember Tibbott's suggestion that that should be an optional part of the study. Councilmember Teitzel referred to Component 2, evaluation of the site -specific buffer for ecological junctions, commenting the document ignores the input of the Tulalip Tribes who have treaty rights to the eastern shore of Puget Sound, including the marsh. He preferred to include their perspectives around the study in the RFP. Ms. Hope said Component 9 addresses the Tulalip Tribe's interest. Councilmember Teitzel said the Tulalip Tribe has a big stake in the Edmonds Marsh and have been ignored in the RFP; their input should be solicited and addressed. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO AMEND THE MOTION BY ADDING AN ASTERISK AT THE END OF COMPONENT 2, THAT Q' a STATES, "NOTE: THE TULALIP TRIBES RETAIN TRADITIONAL TREATY RIGHTS Q ALONG MUCH OF THE EASTERN SHORE OF PUGET SOUND INCLUDING THE EDMONDS r MARSH AND HAVE EXTENSIVE EXPERTISE IN NEARSHORE RESTORATION AND PRESERVATION. THE TRIBE'S INPUT MUST BE SOLICITED AS TO OPTIMAL BUFFER EI WIDTHS FOR THE EDMONDS MARSH." Councilmember Fraley-Monillas was unsure the amended language was warranted as there are potentially other groups that have implied ownership in this area. She was unaware of what Tulalip Tribes' treaty rights in Puget Sound were. She could support an amendment that stated, "consider input from the Tulalip Tribe" but not such detailed language. Councilmember Teitzel assured the Tulalip Tribes have treaty rights on that portion of Puget Sound including the marsh. No other party in the document has treaty rights and it was imperative to obtain their input in the study. Councilmember Fraley-Monillas asked if Councilmember Teitzel had information regarding the Tulalip Tribe's treaty rights for Council review before voting on the amendment. Councilmember Teitzel asserted it is a fact that the Tulalip Tribe has treaty rights in this portion of Puget Sound including the Edmonds Marsh. Councilmember Johnson recalled the Edmonds Crossing EIS identified three tribes with treaty rights in this area. Councilmember Buckshnis said this is an RFP, not the study. She suggested including the Tulalip Tribe and any other tribe's treaty rights in the references. Ms. Hope agreed that could be added as potential resources. Council President Mesaros agreed with Councilmember Buckshnis' comment about including any other tribes that may have treaty rights. He will not support the amendment if Councilmember Buckshnis' language about including the Tulalip Tribe and any other tribes in the references. Councilmember Nelson asked if it was commonplace to reference treaty rights in an RFP. Mr. Taraday said he not seen enough RFPs with the opportunity to mention treaty rights. He clarified this is the beginning of an outreach process. During an interview, the responding consultants could be asked how Edmonds City Council Draft Minutes June 6, 2017 Page 24 Packet Pg. 28 5.2.a treaty rights factor into their analysis. This is a scientific study; whether there are or are not treaty rights should not affect the science. If it was determined during the interview that the existence of treaty rights affected the consultant's scope of work, that should be factored into the consultant contract. Councilmember Teitzel said if there was a commitment to include the language Councilmember Buckshnis suggested, to consult with the Tulalip Tribe and other tribes with treaty rights to the Edmonds Marsh, he was willing withdraw the motion. MOTION FAILED (1-6) COUNCILMEMBER TEITZEL VOTING YES. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AMEND THE MOTION TO INCLUDE IN THE REFERENCE SECTION INFORMATION RELATING TO TREATY RIGHTS FOR ALL TRIBES RELATIVE TO THE WATERSHED. MOTION CARRIED UNANIMOUSLY. Councilmember Teitzel pointing out throughout the document there is reference to best available science, however, Item C under potential resources, includes bird sighting data from web -based "E-Bird reporting" and lists of wildlife observed in Edmonds Marsh from local residents. He was uncertain how a scientist using BAS would use that secondhand, unverified data in their analysis. He was supportive of the third resource in Item C, Water quality data from Edmonds Stream Team, as he was comfortable with their scientific rigor. COUNCILMEMBER TEITZEL MOVED TO STRIKE THE FIRST TWO ITEMS IN ITEM C, Q :�M9=In1,01Ie[e17 lkv.l►170K11V01&AilIP0aIWW83&ID) %TA 771ITy;1 OF A SECOND. c i N MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 4. SHORELINE MASTER PROGRAM UPDATE Senior Planner Kernen Lien reported Department of Ecology has approved the Council's changes to the SMP. Exhibit 6, is a redline strikeout versions of the changes. One change not related to the SMP but related to adoption of the SMP is the City Council's quasi-judicial role. The Council passed Resolution 1367 in 2016 to move the Council out of a quasi-judicial role. This is the first code amendment related to that. Mr. Lien relayed another change, substantial development permits could potentially be a Type II permit and moved to Type III, similar to critical area regulations. When that change was made, the shoreline variance substantial development permit and the shoreline conditional use were moved to Type III -A which is not appealable to City Council. As he was prepping for tonight, he found on page 741 of the packet, Title 24, a paragraph drafted in 2009/2010 before Resolution 1367 that states the Council is vested with authority to hear closed record appeals of the hearing examiner. To be consistent with the Resolution and the table, he suggested amending 24.80.150.1 to read, "The Edmonds City Council is vested with the authority to approve any revisions or amendments to this Master Program in accordance with the applicable requirements of the Shoreline Management Act and the Washington Administrative Code." Council was amenable to the change and staff will revise the document for approval on the Consent Agenda. Councilmember Johnson asked when DOE's comment period ends. Mr. Lien answered it was 60 days, he was uncertain of the exact date. Councilmember Johnson asked if any comments had been submitted. Mr. Lien said not that he was aware of. 10. REPORTS ON COUNCIL COMMITTEES Edmonds City Council Draft Minutes June 6, 2017 Page 25 Packet Pg. 29 5.2.a 1. COUNCIL COMMITTEE REPORTS Finance Committee Councilmember Buckshnis reported the committee: • Reviewed all financial policies • Referred to the Public Safety & Personnel Committee consideration of the City's bidding policy in regard to "socio-economic equity rather than always taking the lowest bid. • Reviewed the TIP — scheduled for public hearing tonight COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS, TO EXTEND THE MEETING UNTIL 10:30 P.M. MOTION CARRIED UNANIMOUSLY. Public Safety & Personnel Committee Councilmember Nelson reported the committee: • Reviewed Parks Deputy Director salary range — forwarded to full Council • Reviewed Legislative Assistant Contract — forwarded to Consent Agenda Parks, Planning & Public Works Committee c Councilmember Tibbott reported the committee: > • Reviewed the TIP — scheduled for public hearing tonight a • Heard a report on Final Construction Costs for the 105th/106th Avenues West Low Impact Q- Development Stormwater Infrastructure Improvement Project Stormwater project — forwarded to Q Consent Agenda c i N 11. REPORTS ON OUTSIDE COMMITTEE ASSIGNMENTS Councilmember Teitzel reported: • Port of Edmonds: o Proceeding with permitting for a marine related business on gravel parking lot south of the boat work yard on Admiral Way, potentially a yacht brokerage ■ Pre -permitting the lot will make it easier to market it to a potential tenant o Harbor Square ■ Is quite profitable; bonds paid off very soon will improve the profit margin ■ A new property manager, Brittany Williams, was hired for Harbor Square o Preliminary discussions about a parking structure somewhere on their property recognizing that construction of the waterfront center will increase demand for parking o Puget Sound Express moved to H Dock • Historic Preservation Commission (HPC) o Working on listing the Gerdon house at 3`a & Caspers o Frances Chapin presented drafts of the information panels regarding the logging and the mill industry in Edmonds o Discussed having a condition assessment for the Boys & Girls structure due to the Club's indication they are having serious structural issues Long range financial planning met on May 24 following a hiatus of several months Disability Board met in April and approved new policy requiring generic drug used by the member if available to meet the medical need Councilmember Tibbott reported on the Housing Consortium annual meeting that he and Councilmember Nelson attended. He also attended two workshops, 1) advocacy to federal and state legislators, and 2) Edmonds City Council Draft Minutes June 6, 2017 Page 26 Packet Pg. 30 5.2.a integration of health services and housing where he met developers who have done construction in this area. Councilmember Johnson reported the HPC will publish another calendar focusing on the `50s. She also attended the long range financial plan meeting. Council President Mesaros reported on three SNOCOM and SNOPAC meetings regarding the potential merger. At the last joint meeting on May 30, significant progress was made on governance issues. He anticipated final recommendations would be available at the end of June followed by preparation of an ILA for review by the member cities' City Councils. The Seashore Transportation forum discussed ST3, its impacts to the northend and anticipation of 15,000-20,000 riders/day which significantly impact traffic in South Snohomish County. c r Councilmember Fraley-Monillas relayed she has asked for clarification regarding reports on outside committee assignments; recalling in the past assignments outside the City were made on one meeting and reports on City committees were made at another meeting. She reported on the South County City Cities meeting which included a report on the SNOCOM/SNOPAC merger and what it will mean to cities and 'o the cost. She also attended five Health District meeting in the past month. The Health District is hiring a t� new physician and recently interviewed a physician from Korea. The Health District is currently o borrowing a physician from another county. 0 L Councilmember Nelson reported on the Snohomish County Emergency Radio System (SERS) Board Q meeting that included discussion of the future purchase of an emergency radio system, projected to cost over $70 million and the likely partnership with Snohomish County. He also attended the Affordable Housing Consortium meeting. Councilmember Buckshnis reported she attended a number of meetings related to salmon and salmon recovery. She joined the Puget Sound Regional Salmon Recovery Council that includes WRIA 8, 7 and 9. The tribes had a tribal management conference and are very interested in Chinook recovery and have developed a strategy. WRIA 8 discussed their budget, a 5-year plan with strategies and goals and award of grant funds; 36 grant requests were received totaling $7 million and WRIA 8 had $5 million to award. She also attended an Urban Forest Management Program Symposium. 12. MAYOR'S COMMENTS 0 V Mayor Earling reported on the two Memorial Day celebrations, approximately 600-700 people attended cc the ceremony at the Edmonds Cemetery. The Veterans Plaza dedication was truly spectacular and a great o success. T 0 N Mayor Earling encouraged Councilmembers to attend the Western Washington University students' o presentations regarding sustainability and luncheon on Friday beginning at 10 a.m. in the Brackett Room. c Approximately 80-90 people are planning to attend. c d Mayor Earling referred to emails from Councilmembers expressing concern regarding the decision related E z to the Paris accord. He has joined a mayors' coalition in support of continuing the Paris accord agreement. The Council could pass a resolution. a 13. COUNCILMEMBER COMMENTS Councilmember Buckshnis reported the Mayor's Climate Protection Committee is preparing a resolution for Council consideration. She expressed sadness at what is happening in the world, referring to the Edmonds City Council Draft Minutes June 6, 2017 Page 27 Packet Pg. 31 5.2.a resolution regarding gun safety, noting it is now cars and knives. She urged everyone to learn to be happy and get along. Councilmember Fraley-Monillas said she was unable to attend the Memorial Day celebrations due to a planned family vacation. She thanked everyone who donated time and money to creating the Veterans Plaza. Councilmember Fraley-Monillas referred to efforts to oppose commercial passenger airlines at Paine Field; her research found the Edmonds has done seven resolutions opposing commercial passenger airlines at Paine Field, in March 1992, January 1995, February 2005, June 2005, February 2008 and January 2010 as well as Resolution 1282 in September 2012 signed by Edmonds, Mukilteo, Lynnwood, Mountlake Terrace and Woodway. She recalled Edmonds joined Mukilteo in a lawsuit at one point regarding Paine Field and asked the status of that lawsuit in Superior Court. City Attorney Jeff Taraday r said that lawsuit was not being handled by Lighthouse Law Group, he will reach out to the firm handling it and provide the Council an update. Councilmember Fraley-Monillas said there have been a lot of comments by citizen about commercial air traffic from Paine Field over Edmonds and the potential disruption. She anticipated 12 flights/day would be fairly disruptive to the way of life for cities in the area 'o and citizens are feeling helpless. c� 0 Council President Mesaros relayed a request from Mr. Doherty for a Council group photo. The photograph was tentatively scheduled for the June 13 meeting. a a Councilmember Johnson indicated she will attend the WWU presentation. She relayed hearing on the a radio that the court case was going to the State Supreme Court. She has discussed Jay Capretta's concerns with him and learned 22 years ago he discussed the third runway as a Planning Board member. Councilmember Johnson reported she enjoyed the choir and the very touching speeches at the Memorial Day celebration. She appreciated the effort to recognize Vietnam veterans in a way that can help heal that scar. Councilmember Tibbott reported he attended the Veterans Plaza dedication, finding it very inspirational. He also attended a p6tanque lunch and was able to throw a p6tanque boule. Councilmember Teitzel reported on the very successful, fun waterfront festival hosted by the Noon Rotary, Daybreaker Rotary Club and the Port of Edmonds. By all accounts, it was the most successful waterfront festival yet. 14. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(c) At 10:22 p.m., Mayor Earling announced that the City Council would meet in executive session regarding a real estate matter per RCW 42.30.110(1)(c). The executive session was scheduled to last approximately 10 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. Action may occur as a result of meeting in executive session. Elected officials present at the executive session were Mayor Earling, and Councilmembers Johnson, Fraley-Monillas, Buckshnis, Teitzel, Tibbott, Mesaros and Nelson. City Attorney Jeff Taraday was also present. The executive session concluded at 10:32 p.m. 15. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION Mayor Earling reconvened the regular City Council meeting at 10:32 p.m Edmonds City Council Draft Minutes June 6, 2017 Page 28 Packet Pg. 32 COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO WAIVE OUR RIGHT TO PURCHASE THE PROPERTY AT 196TH STREET SW 8413 IN EDMONDS. MOTION CARRIED UNANIMOUSLY. 16. ADJOURN With no further business, the Council meeting was adjourned at 10:33 p.m. Edmonds City Council Draft Minutes June 6, 2017 Page 29 Packet Pg. 33 T M N 5.3 City Council Agenda Item Meeting Date: 06/13/2017 Approval of claim checks and payroll direct deposit. Staff Lead: Scott James Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #225834 through #225985 dated June 8, 2017 for $521,237.12. Approval of payroll direct deposit for $2,135.33. Staff Recommendation Approval of claim checks and payroll direct deposit. Fiscal Impact Claims $521,237.12 Payroll Employee direct deposit $2,135.33 Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Attachments: claim cks 06-08-17 FrequentlyUsedProjNumbers 06-08-17 payroll summary Packet Pg. 34 5.3.a vchlist 06/08/2017 10:47: 06AM Bank code : usbank Voucher 225834 225835 225836 Date Vendor 6/8/2017 073947 A WORKSAFE SERVICE INC 6/8/2017 070322 A&A LANGUAGE SERVICES INC Voucher List City of Edmonds Invoice 243183 15-47438 15-48485 15-49063 15-49492 15-50199 15-50227 15-50749 6/8/2017 072189 ACCESS INFORMATION MANAGEMENT 2059543 PO # Description/Account EMPLOYMENT DRUG TESTING PARKS & REC- 001.000.64.576.80.49.00 STORM- 111.000.68.542.90.41.00 Total VIETNAMESE INTERPRETER COUF VIETNAMESE INTERPRETER COUF 001.000.23.512.50.41.01 ARABIC INTERPRETER COURT 03/; ARABIC INTERPRETER COURT 03/; 001.000.23.512.50.41.01 KOREAN INTERPRETER 05/05/201-1 KOREAN INTERPRETER 05/05/201-1 001.000.23.512.50.41.01 MONGOLIAN INTERPRETER JAIL 0: MONGOLIAN INTERPRETER JAIL 0: 001.000.23.512.50.41.01 KOREAN INTERPRETER 04/11/2017 KOREAN INTERPRETER 04/11/2017 001.000.23.512.50.41.01 KOREAN INTERPRETER COURT 04 KOREAN INTERPRETER COURT 04 001.000.23.512.50.41.01 SPANISH INTERPRETER 05/02/201 i SPANISH INTERPRETER 05/02/201 i 001.000.23.512.50.41.01 Total STORAGE OF DOCUMENTS 06/01/2 STORAGE OF DOCUMENTS 06/01/� 001.000.25.514.30.41.00 Total Page: 1 0 a m Amoun a� L 13 125.0( o c� 90.0( 0- 215.0( c U m 146.9( U E 154.9£ ,- 0 M 167.1, o Q. a Q 257.1( rn M_ N 161.4( r 06 0 to 157.1, 179.5£ 1,224.2, r c m E 90.0( 90.0( Q Page: 1 Packet Pg. 35 vchlist 06/08/2017 10:47: 06AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 225837 6/8/2017 074674 AMERICAN PETROLEUM ENVIRO SVCS 1911051917 225838 225839 225840 PO # Description/Account FLEET OIL FILTERS RECYCLED Fleet Oil Filters Recycled 511.000.77.548.68.48.00 Total 6/8/2017 073573 ANIXTER 23K-1252880 FAC MAINT - LOCK SUPPLIES Fac Maint - Lock Supplies 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 Total 6/8/2017 074718 AQUATIC SPECIALTY SERVICES INC 13207 CHEMICALS YOST POOL CHEMICALS YOST POOL 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 Total: 6/8/2017 069751 ARAMARK UNIFORM SERVICES 1990171182 FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS 001.000.66.518.30.24.00 10.3% Sales Tax 001.000.66.518.30.24.00 1990181745 FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS 001.000.66.518.30.24.00 10.3% Sales Tax 001.000.66.518.30.24.00 1990185675 PUBLIC WORKS OMC LOBBY MATE PUBLIC WORKS OMC LOBBY MAT: 001.000.65.518.20.41.00 PUBLIC WORKS OMC LOBBY MATE 111.000.68.542.90.41.00 PUBLIC WORKS OMC LOBBY MATE 421.000.74.534.80.41.00 5.3.a Page: 2 0 Amoun m U a� L 85.0( 13 85.0( o L a c 62.9( 6.4£ aa) 69.4i U E 2 U 4- 495.1z 0 51.0( o 546.1, a Q rn Cl) 33.3 3.4z 0 co 0 33.3 1 Y 3.41 .E r 1.6' E 6.1' 0 6.1' Q Page: 2 Packet Pg. 36 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 3 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account 0 Amoun 225840 6/8/2017 069751 ARAMARK UNIFORM SERVICES (Continued) PUBLIC WORKS OMC LOBBY MATE 422.000.72.531.90.41.00 6.1' PUBLIC WORKS OMC LOBBY MAT: p L 423.000.75.535.80.41.00 6.1' PUBLIC WORKS OMC LOBBY MAT: 0- 511.000.77.548.68.41.00 6.0E 10.3% Sales Tax f° 001.000.65.518.20.41.00 0.1 1 10.3% Sales Tax 111.000.68.542.90.41.00 0.6< u 10.3% Sales Tax E 421.000.74.534.80.41.00 0.6< TU 10.3% Sales Tax c 422.000.72.531.90.41.00 0.6< 6 10.3% Sales Tax c 423.000.75.535.80.41.00 0.6: Q. 10.3% Sales Tax Q 511.000.77.548.68.41.00 0.6. 1990185676 FLEET DIVISION UNIFORMS & MAT Cl) FLEET DIVISION UNIFORMS N 511.000.77.548.68.24.00 5.6E FLEET DIVISION MATS r 511.000.77.548.68.41.00 18.4( c 10.3% Sales Tax to 511.000.77.548.68.24.00 0 0.5E N 10.3% Sales Tax 511.000.77.548.68.41.00 1.8� E 1990192223 WWTP: 5/31/17 UNIFORMS, TOWEL .@ wwtp uniforms U r 423.000.76.535.80.24.00 5.1( m wwtp mats & towels E 423.000.76.535.80.41.00 115.9E 10.3% Sales Tax a° 423.000.76.535.80.24.00 0.5< Q Page: 3 Packet Pg. 37 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 4 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 225840 6/8/2017 069751 ARAMARK UNIFORM SERVICES (Continued) 10.3% Sales Tax 423.000.76.535.80.41.00 11.9z 225841 6/8/2017 001795 AUTOGRAPHICS E-51Y11 225842 6/8/2017 061659 BAILEY'S TRADITIONAL TAEKWON 5733 TAEKWON-DO 5737 TAEKWON-DO 5741 TAEKWON-DO 225843 6/8/2017 066891 BEACON PUBLISHING INC 26653 225844 6/8/2017 074307 BLUE STAR GAS 10401 225845 6/8/2017 073760 BLUELINE GROUP LLC 13458 Total UNITS E133, 134, 135, 136PO - Units E133, 134, 135, 136PO - 511.100.77.594.48.64.00 10.3% Sales Tax 511.100.77.594.48.64.00 Units E133, 134, 135, 136PO - 511.100.77.594.48.64.00 Total 5733 TAEKWON-DO INSTRUCTION 5733 TAEKWON-DO INSTRUCTION 001.000.64.571.27.41.00 5737 TAEKWON-DO INSTRUCTION, 5737 TAEKWON-DO INSTRUCTION 001.000.64.571.22.41.00 5741 TAEKWON-DO INSTRUCTION, 5741 TAEKWON-DO INSTRUCTION 001.000.64.571.22.41.00 Total CEMETERY AD CEMETERY AD 130.000.64.536.20.41.40 Total FLEET AUTO PROPANE 628.9 GAL Fleet Auto Propane 628.9 Gal 511.000.77.548.68.34.12 Total E6JC.SERVICES THRU MAY 2017 Page: 4 Packet Pg. 38 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 5 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 0 Amoun m 225845 6/8/2017 073760 BLUELINE GROUP LLC (Continued) E6JC.Services thru May 2017 L 421.200.74.594.34.41.00 16,065.0( 13461 E6GA.SERVICES THRU MAY 2017 0 E6GA,Services thru May 2017 L 423.200.75.594.35.41.00 1,220.5, Total: 17,285.5; 225846 6/8/2017 003001 BUILDERS SAND & GRAVEL 321879 YOST POOL CRUSHED ROCK AND N YOST POOL CRUSHED ROCK AND m 001.000.64.576.80.31.00 890.0( U 10.3% Sales Tax E 001.000.64.576.80.31.00 91.61 .2 Total: 981.6, ,- 0 225847 6/8/2017 073029 CANON FINANCIAL SERVICES 17006089 CANON CONTRACT CHARGE 6 Canon - Contract charge for 2/10/201 0 001.000.11.511.60.35.00 30.7z a 17110894 CANON CONTRACT CHARGE Q Canon - Contract charge for 3/13/201 001.000.11.511.60.35.00 30.7z 17215752 CANON CONTRACT CHARGE Canon - Contract charge for 4/12/201 r- 001.000.11.511.60.35.00 r 30.8E 17231357 CANON COUNCIL COPIER G Canon - Council Copier Usage for to 001.000.11.511.60.35.00 106.5E Y 17320813 CANON CONTRACT CHARGE Canon - Contract charge for 5/13/201 E 001.000.11.511.60.35.00 30.8E 17336827 FLEET COPIER Fleet Copier 511.000.77.548.68.45.00 32.3z E Usage Meter 511.000.77.548.68.45.00 5.1 z Q 10.3% Sales Tax Page: 5 Packet Pg. 39 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 6 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account 0 Amoun 225847 6/8/2017 073029 CANON FINANCIAL SERVICES (Continued) 511.000.77.548.68.45.00 3.8E 17336829 CANON - COUNCIL PRINTER USAG Canon Invoice for Council office copic o 001.000.11.511.60.35.00 L 55.4z >+ 17336831 WATER SEWER COPIER a Water Sewer Copier c 421.000.74.534.80.45.00 54.7z f° Water Sewer Copier 423.000.75.535.80.45.00 54.7< m Meter Usage U 421.000.74.534.80.45.00 19.9( E Meter Usage �° 423.000.75.535.80.45.00 U 19.9E 4- 10.3% Sales Tax 0 421.000.74.534.80.45.00 7.7( > 10.3% Sales Tax Q. 423.000.75.535.80.45.00 7.6� 17336832 PW ADMIN COPIER Q PW Office Copier for M 001.000.65.518.20.45.00 66.1( N PW Office Copier for 111.000.68.542.90.45.00 37.4� r PW Office Copier for 0 422.000.72.531.90.45.00 37.4� co PW Office Copier for N 421.000.74.534.80.45.00 26.4( PW Office Copier for E 423.000.75.535.80.45.00 26.4( 'a PW Office Copier for 511.000.77.548.68.45.00 26.4( c Meter Usage E E 001.000.65.518.20.45.00 17.4' Meter Usage 0 111.000.68.542.90.45.00 9.8 1 Q Page: 6 Packet Pg. 40 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 7 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 0 Amoun 225847 6/8/2017 073029 CANON FINANCIAL SERVICES (Continued) Meter Usage 422.000.72.531.90.45.00 9.8 1 Meter Usage o 421.000.74.534.80.45.00 6.9E Meter Usage 0- 423.000.75.535.80.45.00 6.9( 10.3% Sales Tax f° 001.000.65.518.20.45.00 8.6' 10.3% Sales Tax 111.000.68.542.90.45.00 4.8( u 10.3% Sales Tax E 422.000.72.531.90.45.00 4.8( TU 10.3% Sales Tax c 421.000.74.534.80.45.00 3.4z ia 10.3% Sales Tax c 423.000.75.535.80.45.00 3.4z Q. 10.3% Sales Tax Q 511.000.77.548.68.45.00 3.4� Meter Usage M 511.000.77.548.68.45.00 6.9( "- Total: 798.6( r- r 225848 6/8/2017 071816 CARLSON, JESSICA 5792 DRAWING 5792 ADVENTURES IN DRAWING IP c 5792 ADVENTURES IN DRAWING IP 9 to 001.000.64.571.22.41.00 518.0( N Total: 518.0( 225849 6/8/2017 075092 CASCADE BICYCLE CLUB ED FNDN 40199 E3DD.SERVICES THRU APRIL 2017 E .0 E3DD.Services thru April 2017 U 112.000.68.595.33.41.00 1,592.7, 40200 E3DD.SERVICES THRU MARCH 201 E3DD.Services thru March 2017 E 112.000.68.595.33.41.00 2,316.5, Total: 3,909.211 Q Page: 7 Packet Pg. 41 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 8 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account 0 Amoun m 225850 6/8/2017 068484 CEMEX LLC 9433485327 ROADWAY - ASPHALT Roadway - Asphalt a) 111.000.68.542.31.31.00 306.3( 9.5% Sales Tax o L 111.000.68.542.31.31.00 29.1( 9435492160 ROADWAY - ASPHALT 0- Roadway - Asphalt 111.000.68.542.31.31.00 324.9( f° 10.0% Sales Tax 111.000.68.542.31.31.00 32.4E 9435500535 ROADWAY - ASPHALT U Roadway - Asphalt E 111.000.68.542.31.31.00 213.5( 2 10.0% Sales Tax 4- 111.000.68.542.31.31.00 21.3E 0 9435507772 ROADWAY - ASPHALT > Roadway - Asphalt 0 Q . 111.000.68.542.31.31.00 393.5( Q 10.0% Sales Tax 111.000.68.542.31.31.00 39.3E Cl) 9435513161 ROADWAY - ASPHALT N Roadway - Asphalt 111.000.68.542.31.31.00 282.8( r 10.0% Sales Tax c 111.000.68.542.31.31.00 28.2E co 9435547775 ROADWAY - ASPHALT Roadway - Asphalt 111.000.68.542.31.31.00 497.7( E 10.0% Sales Tax ca 111.000.68.542.31.31.00 49.7 , 9435554509 ROADWAY - ASPHALT Roadway - Asphalt E 111.000.68.542.31.31.00 500.5( 10.0% Sales Tax 111.000.68.542.31.31.00 50.0E Q Page: 8 Packet Pg. 42 vchlist 06/08/2017 10:47: 06AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 225850 6/8/2017 068484 CEMEX LLC (Continued) 9435562139 ROADWAY - ASPHALT Roadway - Asphalt 111.000.68.542.31.31.00 10.0% Sales Tax 111.000.68.542.31.31.00 9435586565 ROADWAY - ASPHALT Roadway - Asphalt 111.000.68.542.31.31.00 10.0% Sales Tax 111.000.68.542.31.31.00 9435593547 ROADWAY - ASPHALT Roadway - Asphalt 111.000.68.542.31.31.00 10.0% Sales Tax 111.000.68.542.31.31.00 9435593548 STORM DUMP FEES Storm Dump Fees 422.000.72.531.10.49.00 9435601296 ROADWAY - ASPHALT Roadway - Asphalt 111.000.68.542.31.31.00 10.0% Sales Tax 111.000.68.542.31.31.00 9435648034 ROADWAY - ASPHALT Roadway - Asphalt 111.000.68.542.31.31.00 10.0% Sales Tax 111.000.68.542.31.31.00 225851 6/8/2017 003510 CENTRAL WELDING SUPPLY LY 247347 FLEET SHOP SUPPLIES Fleet Shop Supplies 511.000.77.548.68.31.20 10.4% Sales Tax 511.000.77.548.68.31.20 Total 5.3.a Page: 9 0 Amoun m U a� L 461.3( o L c� 46.1: 0- c 395.6( Y U m t 39.5( u E U 219.8( c 21.9E > 0 Q. a 1,652.1( Q rn Cl) N 287.1( " r 28.7' 00 O to 0 289.2( E 28.9: 'ca 6,239.9$ r c m E t 104.5, a 10.8E Page: 9 Packet Pg. 43 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 10 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account 0 Amoun m 225851 6/8/2017 003510 CENTRAL WELDING SUPPLY (Continued) LY 247519 YOST POOL CARBON DIOXIDE- L YOST POOL CARBON DIOXIDE-- 001.000.64.576.80.31.00 137.3: o LY 247593 YOST POOL CARBON DIOXIDE-- L >+ YOST POOL CARBON DIOXIDE- a 001.000.64.576.80.31.00 393.8, LY 247594 SPRAY PARK CARBON DIOXIDE - SPRAY PARK CARBON DIOXIDE- 001.000.64.576.80.31.00 100.2z w LY 247783 YOST POOL CARBON DIOXIDE U YOST POOL CARBON DIOXIDE E 001.000.64.576.80.31.00 -393.81 2 LY 247784 YOST POOL CARBON DIOXIDE ,- YOST POOL CARBON DIOXIDE 001.000.64.576.80.31.00 356.7z > 10.3% Sales Tax 001.000.64.576.80.31.00 0. 36.7z a LY 247788 SPRAY PARK CARBON DIOXIDE (T( Q SPRAY PARK CARBON DIOXIDE (T( Cl) 001.000.64.576.80.31.00 -100.2z N LY 247789 SPRAY PARK CARBON DIOXIDE SPRAY PARK CARBON DIOXIDE r 001.000.64.576.80.31.00 90.7� c 10.3% Sales Tax 9 to 001.000.64.576.80.31.00 9.3£ N LY 247790 YOST POOL CARBON DIOXIDE (TO YOST POOL CARBON DIOXIDE (TO E 001.000.64.576.80.31.00 -137.3: 'ca LY 247791 YOST POOL CARBON DIOXIDE YOST POOL CARBON DIOXIDE 001.000.64.576.80.31.00 124.3£ E 10.3% Sales Tax t 001.000.64.576.80.31.00 12.8. RN05171010 SPRAY PARK CARBON DIOXIDE, G' Q SPRAY PARK CARBON DIOXIDE Page: 10 Packet Pg. 44 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 11 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 225851 6/8/2017 003510 CENTRAL WELDING SUPPLY (Continued) 001.000.64.576.80.45.00 19.1 GYMNASTICS HELIUM 001.000.64.571.28.45.00 19.1 f Tota I : 784.51 225852 6/8/2017 076071 CHANDLER, LESLIE 06012017 2 DAY JURY SERVICE JUNE 1-2 20' 2 DAY JURY SERVICE JUNE 1-2 20' 001.000.23.512.50.49.20 20.0( MILEAGE 001.000.23.512.50.49.20 3.2' Total: 23.2' 225853 6/8/2017 019215 CITY OF LYNNWOOD 13091 INV#13091 CUST#200966 - EDMONI PRISONER R&B FEB 2017 001.000.39.523.60.51.00 36.0( 225854 6/8/2017 064369 CODE PUBLISHING CO 56568 225855 6/8/2017 073135 COGENT COMMUNICATIONS INC JUN-17 225856 6/8/2017 062975 COLLISION CLINIC INC 225857 6/8/2017 076072 COMPTON, JENNIFER 35277 06012017 Total : EDMONDS CITY CODE UPDATE OR EDMONDS CITY CODE ELECTRONI 001.000.25.514.30.41.00 Total C/A CITYOFED00001 Jun-17 Fiber Optics Internet Connecti 512.000.31.518.87.42.00 Total UNIT 435 - REPAIRS Unit 435 - Repairs 511.000.77.548.68.48.00 10.3% Sales Tax 511.000.77.548.68.48.00 Total 2 DAY JURY SERVICE JUNE 1-2 20' 2 DAY JURY SERVICE JUNE 1-2 20' Page: 11 Packet Pg. 45 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 12 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 225857 6/8/2017 076072 COMPTON, JENNIFER (Continued) 001.000.23.512.50.49.20 20.0( MILEAGE 001.000.23.512.50.49.20 5.7£ Total: 25.7£ 225858 6/8/2017 075648 COVICH-WILLIAMS CO INC 0293640-IN UNIT 14 - SUPPLIES Unit 14 - Supplies 511.000.77.548.68.31.10 26.6( 10.3% Sales Tax 511.000.77.548.68.31.10 2.7z Total: 29.31 225859 6/8/2017 075925 CROSSROADS STRATEGIES LLC 1012071 FEDERAL LOBBYIST MAY 2017 Federal lobbyist May 2017 001.000.61.511.70.41.00 5,000.0( Total: 5,000.0( 225860 6/8/2017 060914 CUMMINS NORTHWEST LLC 001-57438 PW GENERATOR - TRANSFER SWI PW Generator - Transfer Switch — 511.100.77.594.48.64.00 10,322.9£ 10.3% Sales Tax 511.100.77.594.48.64.00 1,063.2 1 001-57441 PW - GENERATOR— PW - Generator- 511.100.77.594.48.64.00 39,204.3z 10.3% Sales Tax 511.100.77.594.48.64.00 4,038.0E Total: 54,628.61 225861 6/8/2017 006200 DAILY JOURNAL OF COMMERCE 3325771 E6AA.RFQ ADVERTISEMENT E6AA.RFQ Advertisement 112.000.68.595.33.41.00 564.0( Total: 564.0( 225862 6/8/2017 074444 DATAQUEST LLC 2451 INV 2451 PARKS AND REC - MAY 2C Page: 12 Packet Pg. 46 vchlist 06/08/2017 10:47: 06AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 225862 6/8/2017 074444 DATAQUEST LLC (Continued) BACKGROUND CHECK FOR P&R 001.000.22.518.10.41.00 Total 225863 6/8/2017 068190 DATEC INC 33167 INV#33167 - EDMONDS PD PANASONIC CF-31 LAPTOPS 511.100.77.548.68.35.00 SUPPLY/INSTALL 256GB SSD 511.100.77.548.68.35.00 SUPPLY/INSTALL ADD 4GB RAM 511.100.77.548.68.35.00 10.3% Sales Tax 511.100.77.548.68.35.00 33187 INV#33187 - EDMONDS WARRANTY EXTENSION 4+5 YRS - 511.100.77.548.68.48.00 10.3% Sales Tax 511.100.77.548.68.48.00 33209 PANASONIC TOUGHPAD FZ-FI W/P Panasonic Toughpad FZ-G1 w/BCR, ; 512.000.31.518.88.35.00 10.3% Sales Tax 512.000.31.518.88.35.00 33220 INV#33220 - EDMONDS PD POCKET JET PRINTER (ENGINE OI` 001.000.41.521.71.35.00 Freight 001.000.41.521.71.35.00 10.3% Sales Tax 001.000.41.521.71.35.00 Total 225864 6/8/2017 076073 DAVENPORT, BEVERLY 06012017 2 DAY JURY SERVICE JUNE 1-2 20' 2 DAY JURY SERVICE JUNE 1-2 20' 001.000.23.512.50.49.20 5.3.a Page: 13 Page: 13 Packet Pg. 47 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 14 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 225864 6/8/2017 076073 DAVENPORT, BEVERLY (Continued) MILEAGE 001.000.23.512.50.49.20 5.7E Total: 25.71 225865 6/8/2017 073823 DAVID EVANS & ASSOC INC 398577 E1CA.SERVICES THRU 5/20/17 E1CA.Services thru 5/20/17 112.000.68.595.33.41.00 14,927.6: Total: 14,927.6'. 225866 6/8/2017 076043 DEERE & COMPANY 115780802 UNIT 109 REPLACEMENT MOWER' Unit 109 Replacement Mower w/trade 511.100.77.594.48.64.00 23,781.3( 9.1 % Sales Tax 511.100.77.594.48.64.00 2,164.1( Total: 25,945.4( 225867 6/8/2017 076033 DEPARTMENT OF LICENSING 06022017 JURY TRIAL WITNESS 06/02/2017 7 JURY TRIAL WITNESS 06/02/2017 7 00 1. 000. 23.512.50.49.20 83.4( Total: 83.4E 225868 6/8/2017 068734 DEPT OF LABORAND INDUSTRIES BA45448 JIM SOMERS L&I OVERPAYMENT REIMBURSEMENT TO L&I FOR TIMI 001.000.66.518.30.11.00 95.0: Total: 95.0E 225869 6/8/2017 074972 ECS ENVIRONMENTAL SOLUTIONS 5413 WWTP: CARBON/FRPACCESS HAl CARBON/FRP ACCESS HATCHES S 423.000.76.535.80.41.00 27, 388.1, Total: 27,388.1, 225870 6/8/2017 007675 EDMONDS AUTO PARTS 1-72410 FAC MAINT - SUPPLIES Fac Maint - Supplies 001.000.66.518.30.31.00 67.2E 10.3% Sales Tax 001.000.66.518.30.31.00 6.9: Page: 14 Packet Pg. 48 vchlist 06/08/2017 10:47: 06AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 225870 6/8/2017 007675 EDMONDS AUTO PARTS (Continued) 1-72447 225871 6/8/2017 074302 EDMONDS HARDWARE & PAINT LLC 002208 002214 002224 225872 6/8/2017 069523 EDMONDS P&R YOUTH SCHOLARSHIP 5706 ARMONN NASSIRI 225873 6/8/2017 076090 ENQUIST, MICHAEL 225874 6/8/2017 009350 EVERETT DAILY HERALD 3048 EDH759048 PO # Description/Account FAC - SUPPLIES FAC - Supplies 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 Total : PM: DRILL BIT PM: DRILL BIT 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 PM: YOST POOL SUPPLIES: PAINT, PM: YOST POOL SUPPLIES: PAINT, 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 PM: ROLLER COVER PM: ROLLER COVER 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 Total 5706 ARMONN NASSIRI YOUTH SC 5706 ARMONN NASSIRI YOUTH SC 122.000.64.571.20.49.00 Total REIMBURSEMENT OF EXCHANGE reimbursement of deposit for 2017 138.200.367.00.300.00 Total E6AA.RFQ ADVERTISEMENT 5.3.a Page: 15 Page: 15 Packet Pg. 49 vchlist 06/08/2017 10:47: 06AM Bank code : usbank Voucher Date Vendor 225874 6/8/2017 009350 EVERETT DAILY HERALD 225875 6/8/2017 009410 EVERETT STEEL INC 225876 6/8/2017 076062 FALETOI, CHENOA TALIA 225877 6/8/2017 066378 FASTENAL COMPANY Voucher List City of Edmonds Invoice PO # Description/Account (Continued) E6AA.RFQ Advertisement 112.000.68.595.33.41.00 EDH760133 LEGAL AD AMD20150004 Legal Ad AMD20150004 001.000.62.558.60.41.40 Total: 177007 PM: STEEL PM: STEEL 001.000.64.576.80.31.00 9.7% Sales Tax 001.000.64.576.80.31.00 Tota I : 6/1 GYM ATTENDANT 6/1/17 VOLLEYBALL GYM ATTENDA 6/1/17 VOLLEYBALL GYM ATTENDA 001.000.64.571.25.41.00 Total: WAMOU44311 WATER - SUPPLIES Water - Supplies 421.000.74.534.80.31.00 10.3% Sales Tax 421.000.74.534.80.31.00 WAMOU44315 WATER SEWER - SUPPLIES Water Sewer - Supplies 421.000.74.534.80.31.00 Water Sewer - Supplies 423.000.75.535.80.31.00 10.3% Sales Tax 421.000.74.534.80.31.00 10.3% Sales Tax 423.000.75.535.80.31.00 WAMOU44326 WATER SEWER - MARKING PAINT Water Sewer - Marking Paint 5.3.a Page: 16 Page: 16 Packet Pg. 50 vchlist 06/08/2017 10:47: 06AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 225877 6/8/2017 066378 FASTENAL COMPANY (Continued) WAMOU44565 WAMOU44626 WAMOU44627 11TNTAXIM,s�j WAMOU44772 225878 6/8/2017 009815 FERGUSON ENTERPRISES INC 0551367 PO # Description/Account 421.000.74.534.80.31.00 Water Sewer - Marking Paint 423.000.75.535.80.31.00 10.3% Sales Tax 421.000.74.534.80.31.00 10.3% Sales Tax 423.000.75.535.80.31.00 UNIT 57 - SUPPLIES Unit 57 - Supplies 511.000.77.548.68.31.10 10.3% Sales Tax 511.000.77.548.68.31.10 PM: SUPPLIES PM: SUPPLIES 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 PM: SUPPLIES PM: SUPPLIES 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 PM: SUPPLIES PM: SUPPLIES 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 PM: SUPPLIES PM: SUPPLIES 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 Total WATER METER INVENTORY M-ME1 5.3.a Page: 17 0 Amoun m 155.4, T' =a 155.4, p L c� 16.0' 0- c 16.0' f° U m t 39.7z u E 4.0� 12 0 15.1E > 0 Q. 1.5E Q rn Cl) 9.50 N 0.9� r ao 0 co 31.5E N 3.2E E 20.9E m E 2.1E 540.4: Page: 17 Packet Pg. 51 a vchlist 06/08/2017 10:47: 06AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 225878 6/8/2017 009815 FERGUSON ENTERPRISES INC (Continued) 225879 225880 225881 0551703 6/8/2017 062193 FIELD INSTRUMENTS & CONTROLS 164748 PO # Description/Account Water Meter Inventory M-METER-0.6 421.000.74.534.80.34.30 M-METER-02-010 #2027 421.000.74.534.80.34.30 10.3% Sales Tax 421.000.74.534.80.34.30 WATER - PARTS FOR EZ VLV Water - Parts for EZ Vlv 421.000.74.534.80.31.00 Freight 421.000.74.534.80.31.00 10.3% Sales Tax 421.000.74.534.80.31.00 Total WWTP: ENDRESS/HAUSER MICRO ENDRESS/HAUSER MICROPILOT F 423.000.76.535.80.35.00 Freight 423.000.76.535.80.35.00 10.3% Sales Tax 423.000.76.535.80.35.00 Total 6/8/2017 011900 FRONTIER 253-003-6887 LIFT STATION #6 VG SPECIALACCI LIFT STATION #6 VG SPECIAL ACCI 423.000.75.535.80.42.00 425-776-5316 425-776-5316 PARKS MAINT FAX LII 425-776-5316 PARKS MAINT FAX LII 001.000.64.576.80.42.00 Total 6/8/2017 075163 GARCIA-GARCIA, CESAR 05222017 SPANISH INTERPRETER COURT & SPANISH INTERPRETER COURT & 001.000.23.512.50.41.01 5.3.a Page: 18 0 Amoun m U a� L 2,485.8( 'D 0 L 4,584.0� cu 728.2( U 756.2E U 21.71 E .2 U 80.1 < c 8,656.2, u- 0 Q. a 1,165.0, Q rn Cl) 15.8( N 121.6, r 1,302.41 c to 0 42.1( U M 101.1 143.21 m E t 0 136.2E Q Page: 18 Packet Pg. 52 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 19 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 225881 6/8/2017 075163 075163 GARCIA-GARCIA, CESAR (Continued) Total: 136.2E 225882 6/8/2017 012198 GFOA 0153002 MEMBERSHIP #53553002 S JAMES Membership for S James & D Turley 001.000.31.514.23.49.00 250.0( Total: 250.0( 225883 6/8/2017 063137 GOODYEAR AUTO SERVICE CENTER 137712 FLEET TIRE INVENTORY (10) Fleet Tire Inventory (10) 511.000.77.548.68.34.30 1,367.7( State Tire Fees 511.000.77.548.68.34.30 10.0( 10.4% Sales Tax 511.000.77.548.68.34.30 142.2z Total: 1,519.91 225884 6/8/2017 012199 GRAINGER 9441490597 PM: SCREWDRIVER PM: SCREWDRIVER 001.000.64.576.80.31.00 36.9( 9.7% Sales Tax 001.000.64.576.80.31.00 3.5� 9445292544 PM: BATTERIES, FLASHLIGHT PM: BATTERIES, FLASHLIGHT 001.000.64.576.80.31.00 86.2E 10.3% Sales Tax 001.000.64.576.80.31.00 8.8� Total: 135.7; 225885 6/8/2017 067615 GTS INTERIOR SUPPLY 30037757-00 PS - SUPPLIES PS - Supplies 001.000.66.518.30.31.00 50.5' 10.0% Sales Tax 001.000.66.518.30.31.00 5.0: Total: 55.5E 225886 6/8/2017 012560 HACH COMPANY 10451914 WATER QUALITY - WATER ANALYZI Page: 19 Packet Pg. 53 vchlist 06/08/2017 10:47: 06AM Bank code : usbank Voucher Date Vendor 225886 6/8/2017 012560 HACH COMPANY 225887 225888 225889 6/8/2017 075483 HARDESTY, STEPHANIE Voucher List City of Edmonds Invoice (Continued) 5/4 PRESCHOOL SUB 6/8/2017 060985 HARRINGTON INDUSTRIAL PLASTICS 00711635 6/8/2017 012900 HARRIS FORD INC 00712089 170911 170912 5.3.a Page: 20 0 PO # Description/Account Amoun m Water Quality - Water Analyzer Kits 421.000.74.534.80.31.00 626.2E Freight p 421.000.74.534.80.31.00 41.61 10.3% Sales Tax 0- 421.000.74.534.80.31.00 68.8( Total: 736.7E N 5/4/17 PRESCHOOL SUBSTITUTE U m 5/4/17 PRESCHOOL SUBSTITUTE t 001.000.64.571.29.41.00 44.0( E Total: 44.0( WATER QUALITY - SUPPLIES o Water Quality - Supplies 421.000.74.534.80.31.00 336.3( o Freight a 421.000.74.534.80.31.00 15.6E Q 10.3% Sales Tax rn 421.000.74.534.80.31.00 36.2( WWTP: 3" CAP S PVC 3" CAP S PVC r- 423.000.76.535.80.48.00 r 22.9E Freight G 423.000.76.535.80.48.00 to 8.5' o Total : 419.7t Y UNIT E134PO - WHEELASSEMBLY E Unit E134PO - Wheel Assembly f° U 511.100.77.594.48.64.00 203.5( 10.4% Sales Tax 511.100.77.594.48.64.00 21.1E E UNIT 453 - PARTS Unit 453 - Parts Q 511.000.77.548.68.31.10 26.9( Page: 20 Packet Pg. 54 vchlist 06/08/2017 10:47: 06AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 225889 6/8/2017 012900 HARRIS FORD INC (Continued) 10.4% Sales Tax 511.000.77.548.68.31.10 171072 UNIT 453 - HINGE ASSEMBLY Unit 453 - Hinge Assembly 511.000.77.548.68.31.10 10.4% Sales Tax 511.000.77.548.68.31.10 171217 UNIT 6 - HINGE ASSEMBLY Unit 6 - Hinge Assembly 511.000.77.548.68.31.10 10.4% Sales Tax 511.000.77.548.68.31.10 CM170696 FLEET RETURNS Fleet Returns 511.000.77.548.68.31.10 10.4% Sales Tax 511.000.77.548.68.31.10 FOIS444286 UNIT 32 - REPAIRS Unit 32 - Repairs 511.000.77.548.68.48.00 10.4% Sales Tax 511.000.77.548.68.48.00 225890 6/8/2017 010900 HD FOWLER CO INC 14491599 WATER INVENTORY - 0432 Water Supplies 421.000.74.534.80.31.00 10.3% Sales Tax 421.000.74.534.80.34.20 10.3% Sales Tax 421.000.74.534.80.31.00 Water Inventory - 0432 421.000.74.534.80.34.20 14508418 WATER - SUPPLIES Water - Supplies Total : 5.3.a Page: 21 0 Amoun m U a� L 2.8( 0 L c� 66.5E 0- c 6.9. f° U m t 91.91 U E 9.5( 2 0 rn M 949.9� N 98.8( r 1,138.0E c co 0 948.4( ca 137.9E Z c 97.7( t 1,339.7: Page: 21 Packet Pg. 55 .r Q vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 22 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 225890 6/8/2017 010900 HD FOWLER CO INC (Continued) 421.000.74.534.80.31.00 14.7( 10.3% Sales Tax 421.000.74.534.80.31.00 1.5. Total: 2,540.11 225891 6/8/2017 062383 HEPBURN INDUSTRIES IN116419 CEMETERY: RING, VASES CEMETERY: RING, VASES 130.000.64.536.20.34.00 1,138.5< Total: 1,138.5: 225892 6/8/2017 074746 HIGUCHI, ROD 5644 UKULELE 5644 UKULELE INSTRUCTION 5644 UKULELE INSTRUCTION 001.000.64.571.22.41.00 512.7' Total: 512.7' 225893 6/8/2017 076074 HOLT, MATTHEW 06012017 2 DAY JURY SERVICE JUNE 1-2 20' 2 DAY JURY SERVICE JUNE 1-2 20' 001.000.23.512.50.49.20 20.0( MILEAGE 001.000.23.512.50.49.20 5.7£ Total: 25.71 225894 6/8/2017 067862 HOME DEPOT CREDIT SERVICES 5093721 WWTP: BUSHINGS/NIPPLES/BUCK BUSHINGS/NIPPLES/BUCKET 423.000.76.535.80.31.00 72.3E 10.0% Sales Tax 423.000.76.535.80.31.00 7.2z Tota I : 79.5� 225895 6/8/2017 075119 HOPE, SHANE Hope May 17 MILEAGE CHARGES FOR MAY- S H MILEAGE CHARGES FOR MAY- S H 001.000.62.524.10.43.00 125.Z Total: 125Z 225896 6/8/2017 075966 HULBERT, CARRIE BID-003 ED! ADMINISTRATIVE SERVICES M Ed! administrative services for May 21 Page: 22 Packet Pg. 56 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 23 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 0 Amoun m 225896 6/8/2017 075966 HULBERT, CARRIE (Continued) 140.000.61.558.70.41.00 1,200.0( Total: 1,200.0( 225897 6/8/2017 076069 ICOR TECHNOLOGY INC 2017291 INV#2017291 - EDMONDS PD (LYNX 0 PARTS TO REPAIR LYNNWOOD RO f° a 628.000.41.521.23.31.00 1,222.3( c LABOUR HOURS TO REPAIR ca 628.000.41.521.23.31.00 579.0( Y Freight y 628.000.41.521.23.31.00 425.0( U Total: 2,226.3( E 225898 6/8/2017 073548 INDOFF INCORPORATED 2945471 OFFICE SUPPLIES- DSD U Office Supplies- DSD o 001.000.62.524.10.31.00 126.5' 76 2960465 RETURN- CLIPBOARD ORIG INV#Z 0 RETURN- CLIPBOARD ORIG INV#Z a 001.000.62.524.10.31.00 -39.6 1 Q 2960679 MEMORY FOAM WRIST REST MOU 10.3% Sales Tax 001.000.31.514.23.31.00 1.3� Memory foam wrist rest mouse pad r- 001.000.31.514.23.31.00 r 13.4� ao 2960685 OFFICE SUPPLIES - DSD G Office Supplies - DSD o 001.000.62.524.10.31.00 6.4: Y 2962394 OFFICE SUPPLIES- DSD OFFICE SUPPLIES- DSD E 001.000.62.524.10.31.00 58.3E 2963015 OFFICE SUPPLIES- DSD OFFICE SUPPLIES- DSD m 001.000.62.524.10.31.00 21.9, E 2963575 PW OFFICE SUPPLIES PW Office Supplies Q 001.000.65.518.20.31.00 74.5( Page: 23 Packet Pg. 57 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 24 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 0 Amoun m 225898 6/8/2017 073548 INDOFF INCORPORATED (Continued) 10.3% Sales Tax 001.000.65.518.20.31.00 7.6E 2965269 WWTP: PAPER TOWELS/C-FOLD T, p PAPER TOWELS & C-FOLD TOWEL L >+ 423.000.76.535.80.31.00 c� 126.9 , 0- 10.3% Sales Tax 423.000.76.535.80.31.00 13.0E f° 2965270 SUPPLIES Y SUPPLIES aUi 001.000.23.523.30.31.00 t 141.4, u 10.3% Sales Tax E 001.000.23.523.30.31.00 14.5 2 Total: 566.7' 0 225899 6/8/2017 075180 INTERSECTION MEDIA LLC BID-231853 ED! MARKETING TRANSIT ADS 5/1 0 Ed! marketing/advertising transit o 140.000.61.558.70.41.40 8,480.2< a Total: 8,480.2; Q rn 225900 6/8/2017 014940 INTERSTATE BATTERY SYSTEMS 300-10019497 STREET STORM - PARKAS Cl) Street Storm - Parkas 111.000.68.542.90.24.00 39.9E r- Street Storm - Parkas r 422.000.72.531.90.24.00 39.9E c 9.8% Sales Tax to 111.000.68.542.90.24.00 3.9, Y 9.8% Sales Tax 422.000.72.531.90.24.00 3.9' •� 300-10025126 UNIT 16 - LIGHT BOX RACK U Unit 16 - Light Box Rack r 511.000.77.548.68.31.10 31.5, m 10.3% Sales Tax E t 511.000.77.548.68.31.10 3.2E Total: 122.5( Q Page: 24 Packet Pg. 58 vchlist 06/08/2017 10:47: 06AM Bank code : usbank Voucher Date Vendor 225901 6/8/2017 076075 JACOBSON, PAMELA 225902 225903 225904 225905 WA611I: 6/8/2017 075062 JAMESTOWN NETWORKS Voucher List City of Edmonds Invoice 06012017 4471 6/8/2017 075661 JANET MAPLES DESIGN /IZZY GIRL BID-05312017 6/8/2017 064934 JOHN BARKER LANDSCAPE 1 6/8/2017 072650 KCDA PURCHASING COOPERATIVE 300164715 6/8/2017 076076 KIM, MIN HEI 06012017 PO # Description/Account 2 DAY JURY SERVICE JUNE 1-2 20' 2 DAY JURY SERVICE JUNE 1-2 20' 001.000.23.512.50.49.20 MILEAGE 001.000.23.512.50.49.20 Total FIBER OPTICS INTERNET CONNEC Jun-17 Fiber Optics Internet Connect 512.000.31.518.87.42.00 10.3% Sales Tax 512.000.31.518.87.42.00 Total ED! SOCIAL MEDIA SERVICES MAY Ed! Social media services May 2017 140.000.61.558.70.41.00 Total WATERFRONT REDEVELOPMENT I WATERFRONT REDEVELOPMENT I 132.000.64.594.76.65.00 Total INV#300164715 ACCT#100828 - EDI 10 CASES MULTI USE COPY PAPEF 001.000.41.521.10.31.00 HANDLING FEE 001.000.41.521.10.31.00 10.3% Sales Tax 001.000.41.521.10.31.00 Total 2 DAY JURY SERVICE JUNE 1-2 20' 2 DAY JURY SERVICE JUNE 1-2 20' 001.000.23.512.50.49.20 5.3.a Page: 25 0 Amoun m a� L 20.0( 13 0 L 6.6' w 26.6: 0- c 500.0( y t U 51.5( E 551.5( 0 500.0( o 500.0( Q Q rn Cl) 10,916.0( N 10,916.0( r- r 0 co 0 234.7( N 55.0( E 24.11 U r 313.8, E t 0 20.0( Q Page: 25 Packet Pg. 59 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 26 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 225906 6/8/2017 076076 KIM, MIN HEI (Continued) MILEAGE 001.000.23.512.50.49.20 10.4� 225907 6/8/2017 068401 KING CO OFFICE OF FINANCE 225908 6/8/2017 067568 KPG INC 225909 6/8/2017 066522 LAKESIDE INDUSTRIES INC 225910 6/8/2017 075260 LAU, PING 84412 5-1617 10391 19130 19383 225911 6/8/2017 074417 LAW OFFICE OF CHRISTIAN SMITH 140 225912 6/8/2017 074388 LONE MOUNTAIN COMMUNICATIONS 18763 Total : W LRD W RIA 8- AWARD 114450 1 S W LRD W RIA 8 - AWARD 114450 1 si 422.000.72.531.90.51.00 Total E3DD.SERVICES THRU 5/25/17 E3DD.Services thru 5/25/17 112.000.68.595.33.41.00 Total WATER - EZ ST ASPHALT Water - EZ St Asphalt 421.000.74.534.80.31.00 10.0% Sales Tax 421.000.74.534.80.31.00 Total MANDARIN INTERPRETER COURT MANDARIN INTERPRETER COURT 001.000.23.512.50.41.01 CANTONESE INTERPRETER COUR CANTONESE INTERPRETER COUR 001.000.23.512.50.41.01 Total CONFLICT PUBLIC DEFENDER 7Z0 CONFLICT PUBLIC DEFENDER 7Z0 001.000.39.512.52.41.00 Total UNIT 35 - REPAIRS TO ELECTRIC (I Unit 35 - Repairs to Electric (in AZ) Page: 26 Packet Pg. 60 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 27 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 225912 6/8/2017 074388 LONE MOUNTAIN COMMUNICATIONS (Continued) 511.000.77.548.68.48.00 168.9: Total: 168.9E 225913 6/8/2017 076001 LUCIE R BERNHEIM, ATTY AT LAW 30857 CONFLICT PUBLIC DEFENDER 6Z0 CONFLICT PUBLIC DEFENDER 6Z0 001.000.39.512.52.41.00 300.0( 30858 CONFLICT PUBLIC DEFENDER 7Z3 CONFLICT PUBLIC DEFENDER 7Z3 001.000.39.512.52.41.00 300.0( Total: 600.0( 225914 6/8/2017 018980 LYNNWOOD HONDA 996761 PM: MOWER PM: MOWER 001.000.64.576.80.35.00 1,129.9� 10.3% Sales Tax 001.000.64.576.80.35.00 116.3� Total: 1,246.31 225915 6/8/2017 076077 MATT, PHILLIP 06012017 2 DAY JURY SERVICE JUNE 1-2 20' 2 DAY JURY SERVICE JUNE 1-2 20' 001.000.23.512.50.49.20 20.0( MILEAGE 001.000.23.512.50.49.20 5.7£ Total: 25.71 225916 6/8/2017 075746 MCMURRAY, LAURA 5857 FELDENKRAIS 5857 FELDENKRAIS INSTRUCTION 5857 FELDENKRAIS INSTRUCTION 001.000.64.571.27.41.00 182.5( 5860 FELDENKRAIS 5860 FELDENKRAIS INSTRUCTION 5860 FELDENKRAIS INSTRUCTION 001.000.64.571.27.41.00 97.5( Total: 280.0( 225917 6/8/2017 063773 MICROFLEX 00022599 04-17 TAX AUDIT PROGRAM TAX AUDIT PROGRAM 001.000.31.514.23.41.00 60.0( Page: 27 Packet Pg. 61 vchlist 06/08/2017 10:47: 06AM Bank code : usbank Voucher Date Vendor 225917 6/8/2017 063773 063773 MICROFLEX 225918 6/8/2017 072223 MILLER, DOUG 225919 225920 225921 225922 6/8/2017 020900 MILLERS EQUIP & RENTALL INC Voucher List City of Edmonds Invoice (Continued) 5/3-5/31 GYM MONITOR 258183 6/8/2017 074556 MOORE, IACOFANO & GOLTSMAN INC 48416 6/8/2017 076078 MOSHINSKY, TRACY 6/8/2017 069923 MOTION INDUSTRIES INC 48819 06012017 WA33-726555 5.3.a Page: 28 PO # Description/Account 0 Amoun Total: 60.0E U a� L 5/3 - 5/31/17 BASKETBALL GYM MO 5/3 - 5/31/17 BASKETBALL GYM MO o 001.000.64.571.25.41.00 137.5( Total: 137.5( a PM: RENTAL GENERATOR FOR VE7 PM: RENTAL GENERATOR FOR VEl 001.000.64.576.80.45.00 308.0( u 10.3% Sales Tax 001.000.64.576.80.45.00 U 31.7. E Total E6DB.SERVICES THRU 3/31/17 0 E6DB.Services thru 3/31/17 6 112.000.68.595.33.41.00 14,914.8E c E6DB.SERVICES THRU 4/30/17 Q. E6DB.Services thru 4/30/17 Q 112.000.68.595.33.41.00 1,691.0E Total : 16,605.9' M T- N 2 DAY JURY SERVICE JUNE 1-2 20' 2 DAY JURY SERVICE JUNE 1-2 20' r 001.000.23.512.50.49.20 20.0( c MILEAGE to 001.000.23.512.50.49.20 19.4- N Total : 39.41 E WWTP: SOX SPIDER CPLGS .2 SOX SPIDER CPLGS U 423.000.76.535.80.48.00 65.1, Freight t 423.000.76.535.80.48.00 79.7E 10.3% Sales Tax 423.000.76.535.80.48.00 14.9' Q Page: 28 Packet Pg. 62 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 29 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 225922 6/8/2017 069923 069923 MOTION INDUSTRIES INC (Continued) Total: 159.8' 225923 6/8/2017 022009 MOTOROLA INC 13160819 UNIT EQRD - RADIO — Unit EQRD - Radio- 511.100.77.594.48.64.00 3,769.3, 10.3% Sales Tax 511.100.77.594.48.64.00 388.2z Total: 4,157.5E 225924 6/8/2017 072939 MULTI -CRAFT PLASTICS 1095190 PARKS - SIGNAGE MATERIALS Parks - Signage Materials 001.000.64.576.80.31.00 113.7( 10.3% Sales Tax 001.000.64.576.80.31.00 11.7' Total: 125.4' 225925 6/8/2017 072746 MURRAYSMITH 15-1662.23 E4JC.SERVICES THRU 4/30/17 E4JC.Services thru 4/30/17 421.200.74.594.34.41.00 10,710.2E 15-1715-18 ESKA.SERVICES THRU 4/30/17 ESKA.Services thru 4/30/17 421.200.74.594.34.41.00 7,879.2( 16-1852-10 E6JB.SERVICES THRU 4/30/17 E6JB.Services thru 4/30/17 421.200.74.594.34.41.00 2,459.1( 16-1852-9 E6JB.SERVICES THRU 3/31/17 E6JB.Services htru 3/31/17 421.200.74.594.34.41.00 15,548.5( 17-1989-1 E6GC.SERVICES THRU 4/30/17 E6GC.Services thru 4/30/17 423.200.75.594.35.41.00 20,631.3( Total: 57,228.4 , 225926 6/8/2017 064570 NATIONAL SAFETY INC 0470781-IN STORM - WORK GLOVES Storm - Work gloves 422.000.72.531.90.24.00 198.0( Page: 29 Packet Pg. 63 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 30 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 225926 6/8/2017 064570 NATIONAL SAFETY INC (Continued) 10.3% Sales Tax 422.000.72.531.90.24.00 20.3� 225927 6/8/2017 075539 NATURE INSIGHT CONSULTING 225928 6/8/2017 024302 NELSON PETROLEUM 10 0614567-IN 0617276-IN 0618953-IN 225929 6/8/2017 070319 NORTHWEST ASSESSMENT SVCS 1876 225930 6/8/2017 025690 NOYES, KARIN 000 00 741 Total WILLOW CREEK DAYLIGHTING PR, Tasks 1 - 4: Parks Project Mgmt and 125.000.64.575.50.41.00 Task 5: Engineering Dept Tasks 422.200.72.594.31.41.00 Total FLEET FILTER INVENTORY Fleet Filter Inventory 511.000.77.548.68.34.40 10.3% Sales Tax 511.000.77.548.68.34.40 FLEET FILTER INVENTORY Fleet Filter Inventory 511.000.77.548.68.34.40 10.3% Sales Tax 511.000.77.548.68.34.40 FLEET FILTER INVENTORY Fleet Filter Inventory 511.000.77.548.68.34.40 10.3% Sales Tax 511.000.77.548.68.34.40 Total INV 1876 EDMONDS PD PRE-EMPL PRE -EMPLOY EXAM - ZUNIGA 001.000.41.521.10.41.00 Total 5/24/17 PB RETREAT MINUTES 5/24/17 PB RETREAT MINUTES Page: 30 Packet Pg. 64 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 31 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 225930 6/8/2017 025690 NOYES, KARIN (Continued) 001.000.62.558.60.41.00 280.0( Total: 280.0( 225931 6/8/2017 076079 NYLANDER, RANDY 06012017 2 DAY JURY SERVICE JUNE 1-2 20' 2 DAY JURY SERVICE JUNE 1-2 20' 001.000.23.512.50.49.20 20.0( MILEAGE 001.000.23.512.50.49.20 5.1 z Total: 25.11 225932 6/8/2017 065720 OFFICE DEPOT 930768155001 P&R ADMIN: LABEL TAPES, PEN P&R ADMIN: LABEL TAPES, PEN 001.000.64.571.21.31.00 33.1 £ 10.3% Sales Tax 00 1.000.64.571.21.3 1.00 3.4< Total: 36.6' 225933 6/8/2017 026200 OLYMPIC VIEW WATER DISTRICT 0054671 HICKMAN PARK IRRIGATION HICKMAN PARK IRRIGATION 001.000.64.576.80.47.00 18.5E 0060860 HICKMAN PARK DRINKING FOUNT/ HICKMAN PARK DRINKING FOUNT/ 001.000.64.576.80.47.00 101.2E Total: 119.8' 225934 6/8/2017 027060 PACIFIC TOPSOILS 18-T1011690 STORM - DUMP FEES Storm - Dump Fees 422.000.72.531.10.49.00 120.0( Total: 120.0( 225935 6/8/2017 075183 PETERSON FRUIT CO 367390 MAY 2017 WELLNESS COMMITTEE MINNEOLA, BANANA, NECTARINES 001.000.22.518.10.49.00 79.9( Total: 79.9( 225936 6/8/2017 068411 PHILLIPS 66 - CONOCO 76 3172 UNIT 122 - GAS INVENTORY Page: 31 Packet Pg. 65 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 32 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 225936 6/8/2017 068411 PHILLIPS 66 - CONOCO 76 (Continued) Unit 122 - Gas Inventory 511.000.77.548.68.34.11 25.0( Total 225937 6/8/2017 073266 PILGRIM MEDIA SERVICES 32375 MEMORIAL DAY CEREMONY SOUN MEMORIAL DAY CEREMONY SOUN 130.000.64.536.20.41.00 Total 225938 6/8/2017 028860 PLATT ELECTRIC SUPPLY INC L927154 LIBRARY RETURNS Library Returns 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 L927260 FAC - SUPPLIES FAC - Supplies 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 N021998 PS - SUPPLIES PS - Supplies 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 N057471 FAC - SUPPLIES FAC - Supplies 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 N062659 FS 16 - SUPPLIES FS 16 - Supplies 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 SC20073 SVC FEES Page: 32 Packet Pg. 66 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 33 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 225938 6/8/2017 028860 PLATT ELECTRIC SUPPLY INC (Continued) SVC Fees 001.000.66.518.30.31.00 8.5 1 225939 6/8/2017 071811 PONY MAIL BOX & BUSINESS CTR 1111209 225940 6/8/2017 076070 PRIMA - WASHINGTON CHAPTER 225941 6/8/2017 070809 PUGET SOUND EXECUTIVE 225942 6/8/2017 064769 ROMAINE ELECTRIC 2017 Membership 17-1641 5-013467 5-013474 5-013582 5-013606 Total SEWER - RETURN POSTAGE Sewer - Return Postage 423.000.75.535.80.42.00 Total 2017 MEMBERSHIP FOR S JAMES ! 2017 Membership for S James & D Ti 001.000.39.513.10.49.00 Total COURT SECURITY 05/22/2017-05/3' COURT SECURITY 05/22/2017-05/3' 001.000.23.512.50.41.00 Total UNIT 51 - BATTERY Unit 51 - Battery 511.000.77.548.68.31.10 10.3% Sales Tax 511.000.77.548.68.31.10 UNIT 33 - BATTERY Unit 33 - Battery 511.000.77.548.68.31.10 10.3% Sales Tax 511.000.77.548.68.31.10 UNIT 473 - BATTERY Unit 473 - Battery 511.000.77.548.68.31.10 10.3% Sales Tax 511.000.77.548.68.31.10 UNIT 14 - BATTERIES Page: 33 Packet Pg. 67 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 34 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 225942 6/8/2017 064769 ROMAINE ELECTRIC (Continued) Unit 14 - Batteries 511.000.77.548.68.31.10 330.5 1 10.3% Sales Tax 511.000.77.548.68.31.10 34.0E 225943 6/8/2017 076080 SAETHER, SAMANTHA 06012017 225944 6/8/2017 065194 SEWER EQUIPMENT CO OF AMERICA 0000157657 225945 6/8/2017 068177 SHRM 225946 6/8/2017 068816 SIMPLEX GRINNELL 225947 6/8/2017 076081 SINGHRS, NANCY 9007070147 79423924 06012017 Total : 2 DAY JURY SERVICE JUNE 1-2 20' 2 DAY JURY SERVICE JUNE 1-2 20' 001.000.23.512.50.49.20 MILEAGE 001.000.23.512.50.49.20 Total UNIT 98 - PARTS Unit 98 - Parts 511.000.77.548.68.31.10 Freight 511.000.77.548.68.31.10 10.3% Sales Tax 511.000.77.548.68.31.10 Total SHRM MEMBER DUES - MAH MARYANN HARIE [ID 012110691 ME 001.000.22.518.10.49.00 Total W WTP: INSPECTION Inspection for the 2016 contract. 423.000.76.535.80.41.00 Total 2 DAY JURY SERVICE JUNE 1-2 20' 2 DAY JURY SERVICE JUNE 1-2 20' 001.000.23.512.50.49.20 Page: 34 Packet Pg. 68 vchlist 06/08/2017 10:47: 06AM Bank code : usbank Voucher Date Vendor 225947 6/8/2017 076081 SINGHRS, NANCY 225948 6/8/2017 068489 SIRENNET.COM 225949 6/8/2017 036950 SIX ROBBLEES INC 225950 6/8/2017 075590 SMARSH Voucher List City of Edmonds Invoice PO # Description/Account (Continued) MILEAGE 001.000.23.512.50.49.20 Total: 0215449-IN UNIT E137PO - SCENE LIGHTS Unit E137PO - Scene Lights 511.100.77.594.48.64.00 10.3% Sales Tax 511.100.77.594.48.64.00 Total: 14-349405 UNIT 872 - PARTS Unit 872 - Parts 511.000.77.548.68.31.10 10.3% Sales Tax 511.000.77.548.68.31.10 Total: INV00233685 05-17 NETGUARD MONTHLY SERVI NetGuard Monthly Service Building 001.000.62.524.20.42.00 NetGuard Monthly Service City Clerk 001.000.25.514.30.42.00 NetGuard Monthly Service Communit 001.000.61.557.20.42.00 NetGuard Monthly Service Court 001.000.23.512.50.42.00 NetGuard Monthly Service Developm, 001.000.62.524.10.42.00 NetGuard Monthly Service Engineerir 001.000.67.518.21.42.00 NetGuard Monthly Service Facilities 001.000.66.518.30.42.00 NetGuard Monthly Service Finance 001.000.31.514.23.42.00 5.3.a Page: 35 Page: 35 Packet Pg. 69 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 36 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account 0 Amoun m 225950 6/8/2017 075590 SMARSH (Continued) NetGuard Monthly Service Human Re 001.000.22.518.10.42.00 6.0( NetGuard Monthly Service Informatioi p 512.000.31.518.88.42.00 36.0( NetGuard Monthly Service Mayor's O 0- 001.000.21.513.10.42.00 6.0( NetGuard Monthly Service Parks f° 001.000.64.576.80.42.00 12.0( NetGuard Monthly Service Police m 001.000.41.521.22.42.00 t 234.0( u NetGuard Monthly Service PW Water E 421.000.74.534.80.42.00 36.0( NetGuard Monthly Service PW Water c 421.000.74.534.80.42.00 3.0( 79- NetGuard Monthly Service PW Water c 423.000.75.535.80.42.00 3.0( Q. NetGuard Monthly Service PW Sewei °- Q 423.000.75.535.80.42.00 30.0( NetGuard Monthly Service PW Storm M 422.000.72.531.90.42.00 6.0( N NetGuard Monthly Service PW Street 111.000.68.542.90.42.00 r- 18.0( r NetGuard Monthly Service PW Fleet c 511.000.77.548.68.42.00 6.0( o NetGuard Monthly Service PW Admin N 001.000.65.518.20.42.00 2.1( NetGuard Monthly Service PW Admin E 421.000.74.534.80.42.00 0.6( f° NetGuard Monthly Service PW Admin U r 422.000.72.531.90.42.00 2.1( NetGuard Monthly Service PW Admin E 423.000.75.535.80.42.00 0.6( NetGuard Monthly Service PW Admin 423.000.76.535.80.42.00 0.6( Q Page: 36 Packet Pg. 70 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 225950 6/8/2017 075590 SMARSH (Continued) 225951 6/8/2017 060889 SNAP -ON INDUSTRIAL ARV/32613154 225952 6/8/2017 075628 SNO CO DEPT OF EMERG MGMT 1000436568 225953 225954 6/8/2017 075543 SNO CO PUBLIC DEFENDER ASSOC 1821 6/8/2017 037375 SNO CO PUD NO 1 2003-2646-0 2006-6395-3 2010-5432-7 2017-1178-5 PO # Description/Account NetGuard Monthly Service PW Street 111.000.68.542.90.42.00 NetGuard Monthly Service PW Street 422.000.72.531.90.42.00 NetGuard Monthly Service WWTP 423.000.76.535.80.42.00 Total FLEET - SVC WRENCH Fleet - Svc Wrench 511.000.77.548.68.35.00 10.3% Sales Tax 511.000.77.548.68.35.00 Total Q2-2017 EMERGENCY SERVICES Q2-2017 Emergency Services 001.000.39.525.60.51.00 Total MAY 2017 PUBLIC DEFENSE COST: MAY 2017 PUBLIC DEFENSE COST. 001.000.39.512.52.41.00 Total HUMMINGBIRD PARK 1000 EDMON HUMMINGBIRD PARK 1000 EDMON 001.000.64.576.80.47.00 ANWAY PARK 131 SUNSET AVE / M ANWAY PARK 131 SUNSET AVE / M 001.000.64.576.80.47.00 BRACKETT'S LANDING NORTH 50 f BRACKETT'S LANDING NORTH 50 f 001.000.64.576.80.47.00 STREET LIGHTING (183 LIGHTS @ 5.3.a Page: 37 0 Amoun m a� L 6.0( 0 L 6.0( a 30.0( c 642.0( N U m t U 22.4( E 2.3. ,- 24.8' 0 0 L Q a 12,077.6( Q 12,077.6( Cl) 23,493.0( 23,491M c co 0 17.1 1 E U r 115.9' E 40.2 , .r Q Page: 37 Packet Pg. 71 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 38 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account 0 Amoun m 225954 6/8/2017 037375 SNO CO PUD NO 1 (Continued) STREET LIGHTING (183 LIGHTS @ L 111.000.68.542.63.47.00 712.9 0 2019-2991-6 WWTP: 4/22-5/23/17 FLOW METER 0 4/22-5/23/17 FLOW METER 23219 7, L >+ 423.000.76.535.80.47.62 c� 18.3. 0- 2021-3965-5 BRACKETT'S LANDING SOUTH 100 c BRACKETT'S LANDING SOUTH 100 f° 001.000.64.576.80.47.00 28.6( Y 2022-5063-5 9TH/CASPER LANDSCAPE BED / M aUi 9TH/CASPER LANDSCAPE BED / M U 001.000.64.576.80.47.00 17.1 1 E 2025-2918-6 STREET LIGHTING (303 LIGHTS @ 2 STREET LIGHTING (303 LIGHTS @ 4- 111.000.68.542.63.47.00 3,152.9 1 c 2025-2920-2 STREET LIGHTING (13 LIGHTS @ 4 c STREET LIGHTING (13 LIGHTS @ 4 0 111.000.68.542.63.47.00 123.8£ a 2025-7615-3 STREET LIGHTING (2029 LIGHTS C Q STREET LIGHTING (2029 LIGHTS C M 111.000.68.542.63.47.00 15,477.7( N 2025-7948-8 STREET LIGHTING (58 LIGHTS @ 2 STREET LIGHTING (58 LIGHTS @ 2 r 111.000.68.542.63.47.00 360.2: c 2025-7952-0 WWTP: 5/1-5/31/17 ENERGY MGMT 5/1-5/31/17 WWTP ENERGY MANA( 423.000.76.535.80.47.61 9.7( 2040.3049-8 20719 86TH PL W, STORM FUND RI E Utility Invoice #157369422, 20719 86 422.000.72.531.90.47.00 58.5, 2047-1489-3 STREET LIGHTING (1 LIGHT @ 150' STREET LIGHTING (1 LIGHT @ 150' m 111.000.68.542.63.47.00 4.9£ t 2047-1492-7 STREET LIGHTING (18 LIGHTS @ 2 STREET LIGHTING (18 LIGHTS @ 2 Q 111.000.68.542.63.47.00 122.9( Page: 38 Packet Pg. 72 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 39 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 0 Amoun m 225954 6/8/2017 037375 SNO CO PUD NO 1 (Continued) 2047-1493-5 STREET LIGHTING (5 LIGHTS @ 40 L STREET LIGHTING (5 LIGHTS @ 40 111.000.68.542.63.47.00 58.3E o 2047-1494-3 STREET LIGHTING (2 LIGHTS @ 10 L STREET LIGHTING (2 LIGHTS @ 10 a 111.000.68.542.63.47.00 14.8z 2047-1495-0 STREET LIGHTING (26 LIGHTS @ 2 f° STREET LIGHTING (26 LIGHTS @ 2 111.000.68.542.63.47.00 92.9E aUi Total: 20,427.6E U E 225955 6/8/2017 063941 SNO CO SHERIFFS OFFICE 2017-3715 INV#2017-3715 SNO CO JAIL - APRI 291 HOUSING DAYS @ $96.13 4" 001.000.39.523.60.51.00 27,973.8' 0 51.17 BOOKINGS @ $118.23 79- > 001.000.39.523.60.51.00 6,049.8< o 64 MED/SPEC @ $55.25 a 001.000.39.523.60.51.00 3,536.0( Q 37.33 MENTAL HEALTH @ $133.39 rn 001.000.39.523.60.51.00 4,979.4E N 10 VIDEO COURT @ $115.50 001.000.39.523.60.51.00 1,155.0( r Total: 43,694.1' c 225956 6/8/2017 076034 SOLOSKI, CHRISTOPHER 6/1-6/2 FIELD ATTEND 6/1-6/2/17 SOFTBALL FIELD ATTENI to 6/1-6/2/17 SOFTBALL FIELD ATTENI N 001.000.64.571.25.41.00 99.0( Total: 99.0( . 225957 6/8/2017 038300 SOUND DISPOSAL CO 103584 WWTP: 6/1/17 RECYCLING U r 6/1/17 Recycling + taxes 423.000.76.535.80.47.66 29.9E E Total: 29.9E 0 0 225958 6/8/2017 068439 SPECIALTY DOOR SERVICE 46254 FS 20 - EMERGENCY REPAIRS Q Page: 39 Packet Pg. 73 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 225958 6/8/2017 068439 SPECIALTY DOOR SERVICE (Continued) 46397 46500 225959 6/8/2017 074568 SPROUT DESIGN 1269 1270 PO # Description/Account FS 20 - Emergency Repairs 001.000.66.518.30.48.00 10.3% Sales Tax 001.000.66.518.30.48.00 FS 20 - EMERGENCY REPAIRS FS 20 - Emergency repairs 001.000.66.518.30.48.00 10.3% Sales Tax 001.000.66.518.30.48.00 FS 20 - REPLACE AND REPAIR CAE FS 20 - Replace and Repair Cables 001.000.66.518.30.48.00 10.3% Sales Tax 001.000.66.518.30.48.00 Total WOTS BROCHURE AND POSTER WOTS BROCHURE AND POSTER 123.000.64.573.20.41.00 WOTS DIGITAL FILES WOTS DIGITAL FILES 123.000.64.573.20.41.00 Total 225960 6/8/2017 074247 STATE ROOFING INC BLD20170653 REFUND BLD20170653 - NOT NEEE REFUND BLD20170653 - NOT NEE[ 001.000.257.620 Total 225961 6/8/2017 065578 SYSTEMS INTERFACE INC 20870 SEWER - LS 14 - MODEM SUPPLIEi Sewer - LS 14 - Modem Supplies 423.000.75.535.80.48.00 Water - Pressure Transmitter 421.000.74.534.80.48.00 10.3% Sales Tax 5.3.a Page: 40 0 Amoun m U a� L 908.1E 0 L 93.5z a c 506.2E f° U 52.1z t U E 4,165.5( 12 4- 429.0E 0 0 6,154.6i c 0 Q a Q 1,200.0( M N 243.7E r 1,443.7E c co 0 100.0( 100.0t . U r c m 718.4, E t 444.7E a Page: 40 Packet Pg. 74 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 41 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 225961 6/8/2017 065578 SYSTEMS INTERFACE INC (Continued) 423.000.75.535.80.48.00 74.0( 10.3% Sales Tax 421.000.74.534.80.48.00 45.8' Total: 1,282.9E 225962 6/8/2017 076061 T&L NURSERY INC 336012 VETERAN PLAZA PLANTS VETERAN PLAZA PLANTS 125.000.64.576.80.31.00 805.0( Total: 805.0( 225963 6/8/2017 027269 THE PART WORKS INC 12659 E6MA.DRINKING FOUNTAIN BASE E6MA.Drinking Fountain Base 132.000.64.594.76.65.00 295.6( INV13408 YOST POOL SHOWERS YOST POOL SHOWERS 125.000.64.594.75.65.00 17,304.2 1 Total: 17,599.8 , 225964 6/8/2017 072649 THE WIDE FORMAT COMPANY 100064 MAINTENANCE FOR HP PAGEWIDE May-17 Maintenance on HP Pagewidi 512.000.31.518.88.48.00 175.0( Meter usage 5/1/17 - 5/31/17 — 512.000.31.518.88.48.00 58.9z 10.3% Sales Tax 512.000.31.518.88.48.00 24.1( Total: 258.01 225965 6/8/2017 076082 THORSTENSON, BETTE 06012017 2 DAY JURY SERVICE JUNE 1-2 20' 2 DAY JURY SERVICE JUNE 1-2 20' 001.000.23.512.50.49.20 20.0( MILEAGE 001.000.23.512.50.49.20 5.5( Total: 25.5E 225966 6/8/2017 038315 THYSSENKRUPP ELEVATOR US53022 ELEVATOR MAINTENANCE MUSEUI Page: 41 Packet Pg. 75 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 42 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 225966 6/8/2017 038315 THYSSENKRUPP ELEVATOR (Continued) ELEVATOR MAINTENANCE MUSEU 001.000.66.518.30.48.00 364.2( 10.3% Sales Tax 001.000.66.518.30.48.00 37.5' US54073 ELEVATOR MAINTENANCE SENIOR ELEVATOR MAINTENANCE SENIOR 001.000.66.518.30.48.00 284.2E 10.3% Sales Tax 001.000.66.518.30.48.00 29.2E Total: 715.21 225967 6/8/2017 067865 VERIZON WIRELESS 9786372348 C/A772540262-00001 Lift Station access 512.000.31.518.88.42.00 44.4 , Total: 44.4 , 225968 6/8/2017 064104 VIBRANT PLANTS INC 408561/2 E6MA.VETERANS PLAZA PLANTS E6MA.Veterans Plaza Plants 132.000.64.594.76.65.00 1,529.6( Total: 1,529.6( 225969 6/8/2017 047455 WA ST DEPT OF TRANSPORTATION RE-313-ATB70516001 IT MAINTENANCE & OPERATIONS f IT Maintenance & Operations Fiber O 512.000.31.518.87.48.00 768.1, Total: 768.1, 225970 6/8/2017 075853 WAGENER, EMILY 225971 6/8/2017 076083 WAGNER, KAREN 05312017 05.30.2017 MILEAGE REIMBURSEMENT FOR C 001.000.22.518.10.43.00 Total 06012017 2 DAY JURY SERVICE JUNE 1-2 20' 2 DAY JURY SERVICE JUNE 1-2 20' 001.000.23.512.50.49.20 MILEAGE Page: 42 Packet Pg. 76 vchlist 06/08/2017 10:47: 06AM Bank code : usbank Voucher Date Vendor 225971 6/8/2017 076083 WAGNER, KAREN 225972 6/8/2017 067195 WASHINGTON TREE EXPERTS 225973 6/8/2017 045912 WASPC Voucher List City of Edmonds Invoice (Continued) 117-410 117-411 I NV027641 225974 6/8/2017 047665 WATER ENVIRONMENT FEDERATION 01713486 225975 6/8/2017 075283 WAVE 225976 6/8/2017 075635 WCP SOLUTIONS 8136 50 211 00055035 10104583 PO # Description/Account 001.000.23.512.50.49.20 Total : STREET - CORNER OF 184TH & 84' Street - Corner of 184th & 84th Take 111.000.68.542.71.48.00 10.3% Sales Tax 111.000.68.542.71.48.00 STREET - CORNER OF 192ND & 81; Street - Corner of 192nd & 81 st Take 111.000.68.542.71.48.00 10.3% Sales Tax 111.000.68.542.71.48.00 Total INV027641 EDMONDS PD - COMPA, SPRING CONF 2017 - COMPAAN 001.000.41.521.40.49.00 SPRING CONF 2017 - LAWLESS 001.000.41.521.40.49.00 Total WEF PRO MEMBERSHIP RENEWAL WEF PRO Membership Renewal J W 421.000.74.534.80.49.00 Total FIBER HIGH SPEED INTERNET SEF High Speed Internet service 06/01/17 512.000.31.518.87.42.00 Total FAC MAINT - LINERS Fac Maint - Liners 001.000.66.518.30.31.00 5.3.a Page: 43 Page: 43 Packet Pg. 77 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 44 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 0 Amoun m 225976 6/8/2017 075635 WCP SOLUTIONS (Continued) 10.3% Sales Tax 001.000.66.518.30.31.00 116.0, 10117337 FAC MAINT - TOWELS, LINERS, GL1 o Fac Maint - Towels, Liners, Gloves, L 001.000.66.518.30.31.00 809.8z 0- 10.3% Sales Tax 001.000.66.518.30.31.00 83.4' f° 10117338 PM: TOWELS Y PM: TOWELS aUi 001.000.64.576.80.31.00 t 242.1 � u 10.3% Sales Tax E 00 1.000.64.576.80.3 1.00 24.9: 2 Total: 2,402.8' c 225977 6/8/2017 073137 WELCH-LANG, CAROLE 5638 FUN FACTORY 5638 FUN FACTORY INSTRUCTION 0 5638 FUN FACTORY INSTRUCTION 0 L 001.000.64.571.22.41.00 540.0( a 5639 FUN FACTORY 5639 FUN FACTORY INSTRUCTION Q 5639 FUN FACTORY INSTRUCTION rn 001.000.64.571.22.41.00 615.6( Total: 1,155.6( 225978 6/8/2017 074609 WEST COASTARMORY NORTH APR-17 INV#APR-17 CUST ID - EDMONDS F BAY RENTAL 4/13/17 G 001.000.41.521.40.41.00 80.0( o BAY RENTAL 4/20/17 N 001.000.41.521.40.41.00 120.0( RANGE USAGE - BRUGGMAN 4/8/1 E 001.000.41.521.40.41.00 13.6( 2 RANGE USAGE ROBINSON 4/11/17 r 001.000.41.521.40.41.00 13.6( a0i RANGE USAGE POLAND 4/11/17 E t 001.000.41.521.40.41.00 13.6( RANGE USAGE ANDERSON 4/14/17 Q 001.000.41.521.40.41.00 13.6( Page: 44 Packet Pg. 78 vchlist 06/08/2017 10:47: 06AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 225978 6/8/2017 074609 WEST COASTARMORY NORTH (Continued) RANGE USAGE MEHL 4/27/17 001.000.41.521.40.41.00 RANGE USAGE TRYKAR 4/27/17 001.000.41.521.40.41.00 RANGE USAGE HWANG 4/27/17 001.000.41.521.40.41.00 RANGE USAGE HAUGHIAN 4/27/17 001.000.41.521.40.41.00 10.3% Sales Tax 001.000.41.521.40.41.00 Total 225979 6/8/2017 075926 WESTERN EXTERMINATOR 1481923 PS PEST CONTRON BI/MO MAINT PS Pest contron Bi/Mo Maint 001.000.66.518.30.48.00 10.3% Sales Tax 001.000.66.518.30.48.00 Total 225980 6/8/2017 064008 WETLANDS & WOODLANDS 20184 VETERANS PLAZA PLANTS VETERANS PLAZA PLANTS 125.000.64.576.80.31.00 VETERANS PLAZA PLANTS PAID F( 127.000.64.575.50.31.00 Total 225981 6/8/2017 076084 WHATMORE, JEFFREY 06012017 2 DAY JURY SERVICE JUNE 1-2 20' 2 DAY JURY SERVICE JUNE 1-2 20' 001.000.23.512.50.49.20 MILEAGE 001.000.23.512.50.49.20 Total 225982 6/8/2017 069969 WILLIAMS, PAMELA 5/24-5/25 CLASS VISI 5/24-5/25/17 CLASS VISITS 5/24-5/25/17 CLASS VISITS 5.3.a Page: 45 Page: 45 Packet Pg. 79 vchlist 06/08/2017 10:47: 06AM Voucher List City of Edmonds 5.3.a Page: 46 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 0 Amoun m 225982 6/8/2017 069969 WILLIAMS, PAMELA (Continued) 001.000.64.571.23.41.00 146.2: Total: 146.2E 225983 6/8/2017 063008 WSDOT RE-313-ATB70516086 E1CA.INSPECTION, CONSTRUCTIC 0 El CA. Inspection, Construction a 112.000.68.595.33.41.00 53.3E -0 Total: 53.3E m 225984 6/8/2017 064213 WSSUATREASURER 443 SOFTBALL REFS U SOFTBALL REFS m 001.000.64.571.25.41.00 U 1,855.0( E Total: 1,855.0( 225985 6/8/2017 051282 ZUMAR INDUSTRIES INC 0188519 PARKS - SIGNAGE MATERIALS o Parks - Signage Materials 001.000.64.576.80.31.00 75.0( c Freight Q. 001.000.64.576.80.31.00 25.9� Q 10.3% Sales Tax 001.000.64.576.80.31.00 10.4( M Total: 111.3t v 152 Vouchers for bank code : usbank Bank total : 521,237.1, r 0 0 152 Vouchers in this report Total vouchers : 521,237.1: 0 E .2 U r c m E 0 a Page: 46 Packet Pg. 80 5.3.b PROJECT NUMBERS (By Project Title) Project Engineerin Accounting Project Funding Protect Title Number Number STM 12th Ave & Sierra Stormwater System Improvements c484 E51FE STR 15th St. SW Walkway (Edmonds Way to 8th Ave) c424 E3DC STM 183rd PI SW Storm Repairs c491 E61FE SWR 2013 Sanitary Sewer Pipe Rehabilitation c390 E2GB SWR 2013 Sewerline Replacement Project c398 E3GA STR 2014 Chip Seals c451 E4CB STM 2014 Drainage Improvements c433 E41FA STM 2014 Lake Ballinger Associated Projects c436 E4FD STR 2014 Overlay Program c438 E4CA WTR 2014 Waterline Overlays c452 E4CC STM 2015 Citywide Drainage Improvements/Rehab Projects c466 E51FA STR 2015 Overlay Program c463 E5CA SWR 2015 Sewerline Overlays i007 E5CC SWR 2015 Sewerline Replacement Project c441 E4GA STR 2015 Traffic Calming c471 E5AB WTR 2015 Waterline Overlays c475 E5CB WTR 2015 Waterline Replacement Program c440 E4JB STR 2016 Curb Ramp Upgrades i016 E6DC STR 2016 Overlay Program i008 E6CA SWR 2016 Sanitary Sewer Replacement Projects c469 E5GA SWR 2016 Sewerline Overlays i010 E6CC WTR 2016 Water Comp Plan Update c460 E4JC WTR 2016 Waterline Overlays i009 E6CB WTR 2016 Waterline Replacement Projects c468 E5JA STR 2017 Curb Ramp Upgrades i022 E7DA STR 2017 Minor Sidewalk Program i023 E7DB STR 2017 Overlay Program i018 E7CA SWR 2017 Sanitary Sewer Replacement Project i013 E6GA SWR 2017 Sewerline Overlays i020 E7CC STR 2017 Traffic Calming i021 E7AA WTR 2017 Waterline Overlays i019 E7CB WTR 2017 Waterline Replacement Projects i014 E6J13 SWR 2018/19 Sewerline Replacement Project c492 E6GC WTR 2018/19 Waterline Replacement Project c493 E6JC Revised 6/8/2017 Packet Pg. 81 5.3.b PROJECT NUMBERS (By Project Title) Project Engineerin Accounting Project Funding Protect Title Number Number STR 220th Street Overlay Project c462 E4CD STM 224th & 98th Drainage Improvements c486 E6FB WTR 224th Waterline Relocation (2013) c418 E3J13 STR 228th St. SW Corridor Improvements i005 E7AC STR 236th St. SW Walkway (Edmonds Way to Madrona School) c425 E3DD STR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB STR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA STM 3rd Ave Rain Gardens i012 E6FC STR 76th Ave W at 212th St SW Intersection Improvements c368 E1 CA STR 9th Avenue Improvement Project c392 E2AB FAC AN Upgrades - Council Chambers c476 E5LA STR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE STR ADA Transition Plan s016 E6DB STR Bikelink Project c474 E5DA PRK City Spray Park c417 E4MA SWR Citywide CIPP Sewer Rehab Phase I c456 E4GB SWR Citywide CIPP Sewer Rehab Phase II c488 E6GB STR Citywide Protected/Permissive Traffic Signal Conversion i015 E6AB WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 E5J13 STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1 FM PM Dayton Street Plaza c276 E7MA STM Dayton Street Storm Improvements (6th Ave - 8th Ave) c472 E5FC STM Dayton Street Stormwater Pump Station c455 E4FE FAC Edmonds Fishing Pier Rehab c443 E4MB STM Edmonds Marsh Feasibility Study c380 E2FC General Edmonds Waterfront Access Analysis c478 E5DB FAC ESCO III Project c419 E3LB PRK FAC Band Shell Replacement c477 E6MB WTR Five Corners Reservoir Re -coating c473 E5KA STR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA PM Fourth Avenue Cultural Corridor c282 E8MA STR Hwy 99 Access Management Improvements s014 E6AA STR Hwy 99 Enhancements (Phase III) c405 E2AD SWR Lake Ballinger Trunk Sewer Study s011 E5GB Revised 6/8/2017 Packet Pg. 82 5.3.b PROJECT NUMBERS (By Project Title) Project Engineerin Accounting Project Funding Protect Title Number Number STM LID Retrofits Perrinville Creek Basin c434 E4FB SW R Lift Station #1 Basin & Flow Study c461 E4GC STR Minor Sidewalk Program i017 E6DD STM North Talbot Road Drainage Improvements c378 E21FA STM Northstream Culvert Repair Under Puget Drive i011 E61FA STM Northstream Pipe Abandonment on Puget Drive c410 E3FE STM NPDES (Students Saving Salmon) m013 E7FG STM OVD Slope Repair & Stabilization m105 E7FA STM Perrinville Creek Culvert Replacement c376 E1 FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC FAC Public Safety Controls System Upgrades c444 E4LA STM Seaview Park Infiltration Facility c479 E5FD WWTP Sewer Outfall Groundwater Monitoring c446 E4HA STR SR104 Corridor Transportation Study c427 E3AB STR SR104/City Park Mid -Block Crossing c454 E4DB UTILITIES Standard Details Updates solo E5NA STM Storm Drain Improvements @ 9510 232nd St. SW c495 E7FB STM Storm Drainage Improvements - 88th & 194th c429 E3FG STM Stormwater Comp Plan Update s017 E6FD STR Sunset Walkway Improvements c354 E1 DA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-1 05th/l 06th Ave W Storm Improvements c430 E3FH STR Trackside Warning System c470 E5AA STR Train Trench - Concept c453 E4DA STR Transportation Plan Update c391 E2AA STM Update Stormwater Management Code & Associated Projects c467 E5FB UTILITIES Utility Rate Update s013 E6JA PRK Veteran's Plaza c480 E6MA STM Video Assessment of Stormwater Lines c459 E4FF STM Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC WWTP WWTP Outfall Pipe Modifications c481 E5HA PRK Yost Park Spa c494 E6MC Revised 6/8/2017 Packet Pg. 83 5.3.b PROJECT NUMBERS (By Engineering Number) Engineering Protect Protect Accounting Funding Number Number Protect Title STR _ E1AA c342 Fi1&.QQrneL§.JRoundabgut (212th Street SW @ 84t STR E1CA c368 76th Ave W at 212th St SW Intersection Improvements unset Walkway Improvements STM ElFM c374 Dayton Street & SR104 Storm Drainage Alternatives c376 Perrinville Creek Culvert Replacement STR E2AA c391 Transportation Plan Update venue provement Project STR E2AD c405 Hwy 99 Enhancements (Phase III) MELE2FA c318 North Talbot Road Drainage Improvements STM E2FB c379 SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System E2FC d P Edmonds J J116kility Study SWR E2GB c390 2013 Sanitary Sewer Pipe Rehabilitation 04 Corrido sportation Stu STR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) 15th St. SW Walkway (Edmonds Way to 8th Avg STR E3DD c425 236th St. SW Walkway (Edmonds Way to Madrona School) DA Curb Ramp Upgrades along 3rd Ave STM E3FC c408 Perrinville Creek Stormwater Flow Reduction Retrofit Study c410 Northstream Pipe Abandonment on Puget Drive STM E3FG _ c429 Storm Drainage Improvements - 88th & 194th E3FH � �dmq j;105th/106th Av SWR E3GA c398 2013 Sewerline Replacement Project WTR E3, 224th Waterline Relocation (201 FAC E3LB c419 ESCO III Project STR E4CA c438 2014 Overlay Program STR E4CB c451 2014 Chip Seals 2014 Waterline Overlays STR E4CD c462 220th Street Overlay Project c453 Train Trench - Concept STR E4DB c454 SR104/City Park Mid -Block Crossing E4FA STM E4FB c434 LID Retrofits Perrinville Creek Basin c435 Willow Creek Daylighting/Edmonds Marsh Restoration STM E4FD c436 2014 Lake Ballinger Associated Projects Revised 6/8/2017 Packet Pg. 84 5.3.b PROJECT NUMBERS (By Engineering Number) Engineering Protect Funding Number STM E4FE STM E4FF Protect Accounting Number c455 c459 Protect Title Dayton Street StormwatggWp Video Assessment of Stormwater Lines ' SWW E4GA IWO15 Sewerline Replacement Proje SWR E4GB c456 Citywide CIPP Sewer Rehab Phase I SWR Lift Station #1 Basin & Flow Study WWTP E4HA c446 Sewer Outfall Groundwater Monitoring WTR 2015 Waterline Replacement Program WTR E4JC c460 2016 Water Comp Plan Update c444 Public Safety Controls System Upgrades PRK E4MA c417 City Spray Park Edmonds Fichin- STR E5AA c470 Trackside Warning System STR 01 affic Calmi STR E5CA c463 2015 Overlay Program WTR L 2015 Waterline Overlays SWR E5CC i007 2015 Sewerline Overlays 5DA Bikelink Projec General E5DB c478 Edmonds Waterfront Access Analysis E5FA c466 015 Citywide Drainage Improvements/Rehab Projects STM E5FB c467 Update Stormwater Management Code & Associated Projects E5FC rovements (6th Ave - 8th Ave) STM E51FD c479 Seaview Park Infiltration Facility STM r 12th Ave & Sierra Stormwater System Improvements SWR E5GA c469 2016 Sanitary Sewer Replacement Projects SWR E5GB Lake Ballinger Trunk Sewer Study WWTP E5HA c481 WWTP Outfall Pipe Modifications 16 Waterline Replaceme WTR E5JB c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) WTR E5KA c473 Five Corners Reservoir Re-coatin FAC E5LA c476 AN Upgrades - Council Chambers UTILITIE ails Update STR E6AA s014 Hwy 99 Access Management Improvements STR i015 Citywide Protected/Permissive Traffic Signal Conversion STR E6CA i008 2016 Overlay Program Revised 6/8/2017 Packet Pg. 85 5.3.b PROJECT NUMBERS (By Engineering Number) Engineering Protect Protect Accounting Funding Number Number Protect Title WTR E6CB i009 2116 Waterline O SWR E6CC i010 2016 Sewerline Overlays c485 7F38th St. SW Walkway (Edmonds Way to Hwy 99) STR E6DB s016 ADA Transition Plan I E6DC i016 2016 Curb Ramp Upgrades STR E6DD i017 Minor Sidewalk Program Norths� Culvert Repair Under Puget Drive STM E6FB c486 224th & 98th Drainage Improvements Ave Rain Gardens STM E6FD s017 Stormwater Comp Plan Update 1 i SWR E6GA i013 2017 Sanitary Sewer Replacement Project SWW E6GB Citywide CIPP Sewer Rehab Phase SWR E6GC c492 2018/19 Sewerline Replacement Project UTILITIES 013 Utility Rate Update WTR E6J13 i014 2017 Waterline Replacement Projects WTR qF E6JC 2018/19 Waterline Replacement Project PRK E6MA c480 Veteran's Plaza PRK E6MB FAC Band Shell Replacement PRK E6MC c494 Yost Park Spa STR i021 STR E7AC i005 228th St. SW Corridor Improvements STR i018 2017 Overlay Progra WTR E7CB i019 2017 Waterline Overlays SWR E7CC 2017 Sewerline Overlays STR E7DA i022 2017 Curb Ramp Upgrades 2017 Minor Sidewalk Progra STM E7FA m105 OVD Slope Repair & Stabilization c495 Storm Drain Improvements @ 9510 232nd St. SW STM E7FG m013 NPDES (Students Saving Salmon) 276 Dayton Street Plaza PM E8MA c282 Fourth Avenue Cultural Corridor Revised 6/8/2017 Packet Pg. 86 5.3.b PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Project Accounting Funding Number Number Protect Title PM E7MA c276 Dayton Street Plaza PM E8MA c282 Fourth Avenue Cultural Corridor: .y STR E1AA c342 Five Corners Roundabout (212th Street SW @ 84th Avenue W) a STR E1 DA c354 Sunset Walkway Improvements a� STR E1CA c368 76th Ave W at 212th St SW Intersection Improvements L STM E1 FM c374 Dayton Street & SR104 Storm Drainage Alternatives 0 L STM E1FN c376 Perrinville Creek Culvert Replacement a STM E2FA c378 North Talbot Road Drainage Improvements c M STM E2FB c379 SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System Y STM E2FC c380 Edmonds Marsh Feasibility Study SWR E2GB c390 2013 Sanitary Sewer Pipe Rehabilitation E STR E2AA c391 Transportation Plan Update STR E2AB c392 9th Avenue Improvement Project 0 'E SWR E3GA c398 2013 Sewerline Replacement Project 0 a STR E2AD c405 Hwy 99 Enhancements (Phase III) a STM E3FC c408 Perrinville Creek Stormwater Flow Reduction Retrofit Study M STM EYE c410 Northstream Pipe Abandonment on Puget Drive r Pk ti PRK E4MA c417 City Spray Park 0 0 WTR E3J13 c418 224th Waterline Relocation (2013) 0 FAC E3LB c419 ESCO III Project STR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) m E STR E3DC c424 15th St. SW Walkway (Edmonds Way to 8th Ave) ? 0 L STR E3DD c425 236th St. SW Walkway (Edmonds Way to Madrona School) a a� STR E3DE c426 ADA Curb Ramp Upgrades along 3rd Ave S w STR E3AB c427 SR104 Corridor Transportation Study m STM E3FG c429 Storm Drainage Improvements - 88th & 194th a m STM E3FH c430 SW Edmonds-105th/106th Ave W Storm Improvements Li STM E4FA c433 2014 Drainage Improvements STM E4FB c434 LID Retrofits Perrinville Creek Basin U STM E4FC c435 Willow Creek Daylighting/Edmonds Marsh Restoration Q STM E4FD c436 2014 Lake Ballinger Associated Projects STR E4CA c438 2014 Overlay Program WTR E4JB c440 2015 Waterline Replacement Program SWR E4GA c441 2015 Sewerline Replacement Project Revised 6/8/2017 Packet Pg. 87 5.3.b PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Project Accounting Funding Number Number Protect Title FAC E4MB c443 Edmonds Fishing Pier Rehab FAC E4LA c444 Public Safety Controls System Upgrades WWTP E4HA c446 Sewer Outfall Groundwater Monitoring N a STR E4CB c451 2014 Chip Seals a� WTR E4CC c452 2014 Waterline Overlays L STR E4DA c453 Train Trench - Concept 0 L STR E4DB c454 SR104/City Park Mid -Block Crossing a STM E4FE c455 Dayton Street Stormwater Pump Station M SWR E4GB c456 Citywide CIPP Sewer Rehab Phase I Y STM E4FF c459 Video Assessment of Stormwater Lines WTR E4JC c460 2016 Water Comp Plan Update E SWR E4GC c461 Lift Station #1 Basin & Flow Study STR E4CD c462 220th Street Overlay Project 0 STR E5CA c463 2015 Overlay Program 0 STM E5FA c466 2015 Citywide Drainage Improvements/Rehab Projects a STM E5FB c467 Update Stormwater Management Code & Associated Projects M WTR E5JA c468 2016 Waterline Replacement Projects r Pk ti SWR E5GA c469 2016 Sanitary Sewer Replacement Projects 0 0 STR E5AA c470 Trackside Warning System 0 STR E5AB c471 2015 Traffic Calming STM E5FC c472 Dayton Street Storm Improvements (6th Ave - 8th Ave) m E WTR E5KA c473 Five Corners Reservoir Re -coating ? 0 L STR E5DA c474 Bikelink Project a a� WTR E5CB c475 2015 Waterline Overlays w FAC E5LA c476 AN Upgrades - Council Chambers m PRK E6MB c477 FAC Band Shell Replacement a m General E5DB c478 Edmonds Waterfront Access Analysis Li STM E5FD c479 Seaview Park Infiltration Facility PRK E6MA c480 Veteran's Plaza U WWTP E5HA c481 WWTP Outfall Pipe Modifications Q WTR E5JB c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) STM E5FE c484 12th Ave & Sierra Stormwater System Improvements STR E6DA c485 238th St. SW Walkway (Edmonds Way to Hwy 99) STM E6FB c486 224th & 98th Drainage Improvements Revised 6/8/2017 Packet Pg. 88 5.3.b PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Project Accounting Funding Number Number Protect Title SWR E6GB c488 Citywide CIPP Sewer Rehab Phase II STM E6FE c491 183rd PI SW Storm Repairs SWR E6GC c492 2018/19 Sewerline Replacement Project WTR E6JC c493 2018/19 Waterline Replacement Project PRK E61VIC c494 Yost Park Spa STM E7FB c495 Storm Drain Improvements @ 9510 232nd St. SW STR E7AC i005 228th St. SW Corridor Improvements SWR E5CC i007 2015 Sewerline Overlays STR E6CA i008 2016 Overlay Program WTR E6CB i009 2016 Waterline Overlays SWR E6CC i010 2016 Sewerline Overlays STM E6FA i011 Northstream Culvert Repair Under Puget Drive STM E61FC i012 3rd Ave Rain Gardens SWR E6GA i013 2017 Sanitary Sewer Replacement Project WTR E6JB i014 2017 Waterline Replacement Projects STR E6AB i015 Citywide Protected/Permissive Traffic Signal Conversion STR E6DC i016 2016 Curb Ramp Upgrades STR E6DD i017 Minor Sidewalk Program STR E7CA i018 2017 Overlay Program WTR E7CB i019 2017 Waterline Overlays SWR E7CC i020 2017 Sewerline Overlays STR E7AA i021 2017 Traffic Calming STR E7DA i022 2017 Curb Ramp Upgrades STR E7DB i023 2017 Minor Sidewalk Program STM E71FG m013 NPDES (Students Saving Salmon) STM E7FA m105 OVD Slope Repair & Stabilization UTILITIES E5NA solo Standard Details Updates SWR E5GB s011 Lake Ballinger Trunk Sewer Study UTILITIES E6JA s013 Utility Rate Update STR E6AA s014 Hwy 99 Access Management Improvements STR E6DB s016 ADA Transition Plan STM E61FD s017 Stormwater Comp Plan Update Revised 6/8/2017 Packet Pg. 89 PROJECT NUMBERS (By Funding) 5.3.b Protect Engineerin Accounting Project Funding Protect Title Number Number FAC AN Upgrades - Council Chambers c476 E5LA FAC qq Edmonds Fishing Pier Reh AL E41VIB FAC ESCO III Project c419 E31-13 Public Safety Controls System Upgrades E4LA General Edmonds Waterfront Access Analysis c478 E5DB Dayton greet Plaza PM Fourth Avenue Cultural Corridor c282 E81VIA City Spray Park E4MA PRK FAC Band Shell Replacement c477 E61VIB �an'sdWa MA PRK Yost Park Spa c494 E61VIC STM12thlWpe &Sierra Stormwater System Improvements c484 E5FE STM 183rd PI SW Storm Repairs c491 E6FE STM 2214 Drainage Improvements E4FA STM 2014 Lake Ballinger Associated Projects c436 E4FD STM 2015 Citywide Drainage Improvements/Rehab Projects c46 STM 224th & 98th Drainage Improvements c486 E6FB STM 3rd Ave Rain Gardens i012 E6FC STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1 FM TM Dayton Street Storm Improvements (6th Ave - 8th Ave) STM Dayton Street Stormwater Pump Station c455 E4FE TM Edmonds Marsh Feasibility Study= c380 E2FC STM LID Retrofits Perrinville Creek Basin c434 E4FB albot Road provement c378 LIMA STM Northstream Culvert Repair Under Puget Drive i011 E6FA STM Northstream Pipe Abandonment on Puget Drive c410 STM NPDES (Students Saving Salmon) m013 E7FG MOVD Slope Repair & Stabilization m105 "FA STM Perrinville Creek Culvert Replacement c376 E1 FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 STM Seaview Park Infiltration Facility c479 E5FD Dr�rement t. SW c495 STM Storm Drainage Improvements - 88th & 194th c429 E3FG Stormwater Comp Plan Update s017 E6FD Revised 6/8/2017 Packet Pg. 90 PROJECT NUMBERS (By Funding) 5.3.b Funding Protect Title STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System SW Edmonds-i5th/106th Ave W Storm Improvement STM Update Stormwater Management Code & Associated Projects Video Assessment of Stormwater Li STM Willow Creek Daylighting/Edmonds Marsh Restoration SIV 15th St. SV*Valkway (Edmonds Way to 8th Ave) STR 2014 Chip Seals 2014 Overlay Program STR 2015 Overlay Program SJ& 2015 STR 2016 Curb Ramp Upgrades 2016 Overlay Program 1� STR 2017 Curb Ramp Upgrades dewalk Program STR 2017 Overlay Program STR 201Wraffic Calming Protect Engineerin Accounting Project Number Number c379 E2FB c430 c467 E5FB c45 E4FF c435 E4FC cJ& qm c451 E4CB c43 Jll1rE4CA c463 E5CA c471 i016 E6DC i008 CA i022 E7DA i023 E,0 i018 E7CA STR 220th Street Overlay Project c462 E4CD STR 228th St. S\OLCorridor Improvements STR 236th St. SW Walkway (Edmonds Way to Madrona School) c425 E3DD STR 238th St. SW Walkway (100th Ave to 104th Ave STR 238th St. SW Walkway (Edmonds Way to Hwy 99) W76th Ave W at 212th St SW Intersection Improvements STR 9th Avenue Improvement Project urb Ramp Upgrades along 3rd Ave S STR ADA Transition Plan Bikelink Project I STR Citywide Protected/Permissive Traffic Signal Conversion 2th STR Hwy 99 Access Management Improvements wy 99 Enhancements (Phase III) STR Minor Sidewalk Program STR SR104 Corridor Transportation Study STR SR104/City Park Mid -Block Crossing STR Sunset Walkway Improvements c485 E6DA Xc36 E1CA c392 E2AB s016 E6DB E5DA i015 E6AB s014 E6AA AD i017 E6DD c454 E4DB c354 Revised 6/8/2017 Packet Pg. 91 PROJECT NUMBERS (By Funding) 5.3.b Funding Proiect Title STR Trackside Warning System rench - ConceQM Protect Engineerin Accounting Proiect Number Number c470 E5AA c453 STIR Transportation Plan Update c391 E2AA 2013 Sanitary Sewer Pipe Rehabilitation c390 E2GB SWR 2013 Sewerline Replacement Project c398 E3GA ML 15 Sewerline Overlays J i007 SWR 2015 Sewerline Replacement Project c441 E4GA Moor2016 Sanitary Sewer Replacement Projects c46 E5GA SWR 2016 Sewerline Overlays i010 E6CC SWR 2017 Sanitary Sewer Replacement Project i013 E6GA SWR 2017 Sewerline Overlays i02o E7CC 2018/19 Sewerline Replacen Aroje-` SWR Citywide CIPP Sewer Rehab Phase I c456 E4GB Citywide CIPP Sewer Rehab Phase II c488 E6GB SWR Lake Ballinger Trunk Sewer Study s011 E5GB Lif�1 B AM61 E4GC UTILITIES Standard Details Updates solo E5NA Utility Rate UpdatM E6J7 WTR 2014 Waterline Overlays c452 E4CC TR WTR 2015 Waterline Replacement Program c440 E4J13 TR 2016 Water Comp Plan Update11111110 JC WTR 2016 Waterline Overlays i009 E6CB (VTR 2016 Waterline Replacement Projects we E5JA WTR 2017 Waterline Overlays T aterline Replacement&roje= WTR 2018/19 Waterline Replacement Project WTR 224th Waterline Relocation (2013) IW WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) Five Corners Reservoir Re -coating WWTP Sewer Outfall Groundwater Monitoring e Modifications iol9 E7CB c493 E6JC E3,113 c482 E5,113 c446 E4HA c481 Revised 6/8/2017 Packet Pg. 92 Payroll Earnings Summary Report City of Edmonds Pay Period: 861 (05/16/2017 to 05/31/2017) Hour Type Hour Class Description Hours Amount 111 ABSENT NO PAY LEAVE 24.00 0.00 122 VACATION VACATION 12.00 522.38 150 REGULAR HOURS Kelly Dav Used 12.00 522.38 190 REGULAR HOURS REGULAR HOURS 48.00 2,089.54 604 COMP HOURS ACCRUED COMP TIME 0.50 0.00 96.50 $3,134.30 Total Net Pay Attachment: payroll summary (2139 : Approval of claim checks and payroll direct deposit.) $2,135.33 5.4 City Council Agenda Item Meeting Date: 06/13/2017 Confirmation of Salary Commission appointment - Hodson Staff Lead: Mary Ann Hardie Department: Human Resources Preparer: MaryAnn Hardie Background/History At the direction of Council, there was a new City salary commission ordinance drafted by legal and approved by Council in February 2017. Based on direction by Council to institute a salary commission, there were 5 vacancies created that needed to be filled (in order for the salary commission to begin their work on this process starting at the beginning of July and to complete their process by September 30, 2017). The Mayor appointed Jeff Hodson to the commission and Council will interview Mr. Hodson about this appointment on June 13, 2017. Staff Recommendation Council approval of Jeff Hodson's appointment to the salary commission. Narrative The first notice of the commission position openings was posted on February 2017 and closed in March 2017. Following interviews, the Mayor appointed 5 candidates to the commission (Jay Grant, Don Hall, Tyler Nebeker, Pat Mulva and Carl Zapora) who were interviewed in April and May 2017 by Council. Mr. Mulva unfortunately withdrew from the process. Ava Dubno was appointed by the Mayor to the commission on June 6, 2017. Grant, Hall, Zapora and Dubno were confirmed by the Council to the commission on June 6, 2017, leaving one position unconfirmed. Council will interview Mr. Hodson about this appointment at the June 13, 2017 special meeting. His application is attached for reference. Attachments: 20170607154920 Packet Pg. 94 City of Edmonds Citizen Board and Commission Application (PLEASE PRINT OR TYPE) NOTE: This form is a public record and may be subject to disclosure upon request Salary Commission (Board or Commission) Jeff Hodson Name: Address. mm Edmonds, WA 98020 Occupational status and background: See attached organizational affiliations:. Why are you seeking this appointment? 5/17/19 Date: Day Phone:_ Evening Phon1MV Cell: E-ma See attached See attached See attached What skills and knowledge do you have to meet the selection criteria? Please list any other Board, Commission, Committee, or official positions you currently hold with the City of Edmonds; None Additional comments: See attached Please return this completed form to: Edmonds City Hall 1215'h Avenue North Edmonds, WA 98020 carolyn.lafave edmondswa.gov Phone:425.771.0247 1 Fax:425.771.0252 Jeff Hodson Signature Revised 4130114 Packet Pg. 95 5.4.a Application from Jeff Hodso dmonds, for a position on the City of Edmonds Salary Commission Occupational Status and Background I am Director of Communications at the UW School of Public Health, one of the nation's premier schools of public health, where I oversee external and internal communications, from school -wide messaging to branding and media relations. I am a long-time journalist and media trainer/teacher, with three decades' worth of experience working for daily newspapers (including The Seattle Times), training journalists overseas (mostly in Southeast Asia) for international organizations, and in marketing and communications. Organizational Affiliations University of Washington, International Center for Journalists: (Washington, D.C.) Why are you seeking this appointment? Out of civic duty/service and a long-time desire to share my voice and skills with the community. I grew up in what is now Shoreline, have lived in Edmonds for five years, and feel it's time to get involved in the municipality and community. I am very proud to live in Edmonds and call it home, and I want it to be the best city it can be — for me and my family and for future generations. Also, I have a long-time interest in public affairs, having covered city halls and county governments in other communities as a reporter. I was an urban affairs reporter for the Seattle Times and covered city and county governments (and politics) for five years in Illinois. I used to write stories comparing the salaries of aldermen and the mayor in Aurora (Illinois' second-largest city) with other municipalities, and often did the same for other bodies I covered. It's really critical to get the salaries right — to attract the best and brightest public servants and to ensure they are compensated fairly. ►Mhat skills do you have to meet the selection criteria? An open, analytical mind; experience researching data and salary ranges (both as a manager and as a journalist); understanding of the duties and commitments of public servants (from my years as a beat reporter and student of politics); good personal interaction skills, including a willingness to listen to others and excellent facilitation skills (from my background as a seasoned trainer and classroom instructor); strong work ethic to do what it takes to get the job done; a proven sense of balance and fairness, etc. Please list any other Board, Commission, Committee, or official positions you currently hold with the City of Edmonds: None Additional comments: I don't have money to donate (like the impressive Rick Steves) but I do have time and brainpower to give. I look forward to being able to volunteer in some capacity that matches my skillset with the city's needs. It would be my greatest honor to serve the City of Edmonds. Sincerely, Jeff Hodson Packet Pg. 96 5.5 City Council Agenda Item Meeting Date: 06/13/2017 Confirmation of Appointment of Sarah Mixson To Edmonds Diversity Commission Staff Lead: {Type Name of Staff Lead} Department: Community Services Preparer: Patrick Doherty Background/History The nine Edmonds Diversity Commission members were originally appointed on October 27, 2015 for staggered 1-, 2- and 3-year terms. As of 4/21/17 Position 7 became available for the remainder of a term that runs until December 31, 2018 upon the resignation of Commissioner Adam Khan. The position opening was advertised via local media, and previous applicants were also notified. Six new applications were received and two applicants from previous recruitments wished to continue to be considered. Three applicants were interviewed by the Commission at a special meeting on May 31, 2017. Pursuant to ECC 10.65.020(B), new appointments to the Diversity Commission shall be made by the seated Commissioners, subject to confirmation by the City Council. Staff Recommendation Approve confirmation of appointment of Sarah Mixson to Position 7 of the Edmonds Diversity Commission for the remainder of a term scheduled to expire 12/31/18. Narrative Of the new and previous applications received by the City for consideration, three applicants were interviewed by the Diversity Commissioners: Sarah Mixson, Anabel Hovig, and Kelsey Foster. The Commission voted on 5/31/17 to appoint Sarah Mixson to Position 7 for the remainder of a term scheduled to expire 12/31/18. (Her application is attached here.) Attachments: Redacted_Sarah_Mixson_app_Redacted Packet Pg. 97 5.5.a ro l_I .17. Citizen Board and Commission Application (PLEASE PRINT OR TYPE) NOTE: This form is a public record and may be subject to disclosure upon request 0V En-4 v ,r I Diversity Commission (Board or Commission) Name: Sarah S Mixson Date:1/25/2017 Address: Day Phone: (work) Edmonds, WA 98026 Evening Phone: Cell: E-mail: Occupational status and background: I am currently the Rental and Stage Manager at Edmonds Center for the Arts. I have been a professional stage manager for 37 years, mostly in Seattle. I have also been a companion to elders and a caring clown in nursing homes in the area. Organizational affiliations: Member of Actors' Equity Association, the union of professional actors and stage managers. Member of Caring Clowns International, Business owner of Sally Suze Somarsall, Caring Clown. want to help Edmonds to be the best city it can be. I attended the City Council meeting that approved the Safe City resolution and was impressed Why are you seeking this appointment? with the voices of my neighbors and the council members. As a lesbian, I know personally what being a minority feels like and have compassion for folks from all segments of society, including the elderly and economically disadvantaged. My job gives me an excellent place to make a difference for the cultural expression of our citizens, now I would like to join a learn that values diversity with the City. What skills and knowledge do you have to meet the selection criteria? I work with a diverse community as rental manager at ECA and already have a relationship with different segments of our population I am skilled in events and interpersonal communication and can bring my organizational skills to any programs the commission wants to fosler Please list any other Board, Commission, Committee, or official positions you currently hold with the City of Edmonds:. None. Additional comments: It would be an honor to serve. Please return this completed for4E iC E I V E n Edmonds City Hall 1215th Avenue North JAN 2 5 2016 Edmonds, WA 98020 carolyn.lafave@edmondswCwICE OF THE MAYOR Phone:425.771.0247 1 Fax: 425.771.0252 Revised 4130114 Packet Pg. 98 5.6 City Council Agenda Item Meeting Date: 06/13/2017 Approval of professional services - Summit Law Staff Lead: {Type Name of Staff Lead} Department: Human Resources Preparer: MaryAnn Hardie Background/History Approval of professional services for Summit Law. Staff Recommendation Approval of professional services for Summit Law on consent agenda. Narrative Per recommendation by Council to forward to the consent agenda per executive session (re: labor negotiations). See attached Letter of Engagement. Attachments: 20170607152838 Packet Pg. 99 5.6.a DANIELA. SWEDLOW DID: (206)676-7024 EMAIL: dans@summitlaw.com May 31, 2017 Mary Ann Hardie City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Re: Engagement Letter Dear Mary Ann: Thank you for hiring Summit Law Group to represent the City of Edmonds with regard to labor matters. We will represent your interests vigorously and do our very best to be prompt, thoughtful and practical in everything we do on your behalf. If you have not yet had an opportunity to view the background of Summit Law Group, please take a moment to view our website (www.summitlaw.com). Summit Law Group was founded on the principles that the market for legal services has dramatically changed and that a modern firm should be leaner, more efficient and more customer -responsive. We want to form productive working partnerships with our customers, delivering a better product at greater value. Fee Arrangements. We will build a working partnership with you to enable you to maintain control over the scope and cost of your legal work. We are especially interested in fee arrangements that provide incentives for us to be cost effective and that reward us for superior results. Unless we agree otherwise, however, we will charge for our services by the billable hour. We encourage you to consider and suggest other ways of measuring the value of our services during the course of our relationship. Whether you choose to be billed by the hour, or some other fee arrangement, we, unlike any other law firm we know of in the country, invite you to pay in accordance with your perception of the value of our legal services. To that end, within 30 days of our invoice, you are free to adjust our billed amount, upward or downward, based on your perception of the value that you have received. Packet Pg. 100 5.6.a Mary Ann Hardie May 31, 2017 Page 2 At present, my current hourly rate applicable to this engagement is $290. The billing rates and contact information of the Summit team members who are expected to work on this engagement are included in the Appendix to this letter. Unless otherwise agreed in writing, we will provide you with full itemized billing information on a monthly basis, including people working on your engagement, their hours and rates and a detailed description of services performed. Payment of our bill is due upon receipt of our invoice and bills not paid within thirty (30) days of the date of the invoice will accrue interest at a rate of 1 % per month. We do not charge for telephone, photocopying, computerized legal research, local travel, or other costs that are properly part of our cost of doing business. We charge our actual costs for out-of-town travel and meals, working meals, and other third -party vendor expenses (e.g., for high volume photocopying, courier and messenger services, conference calls and other extraordinary expenses). We also charge for costs related to document processing and discovery, electronic or otherwise. Our billings are monthly, unless otherwise agreed. Attached to this letter is an Appendix, which includes additional terms of this engagement. Together, this letter and the Appendix constitutes the agreement between you and us regarding our professional services. If the terms of our representation as described above and in the Appendix are acceptable, please date and sign this letter where indicated below and return it to me via mail, facsimile or electronic mail. This agreement will take effect on the date of your signature or when we first perform services, whichever is earlier. Sincerely, SUMMIT LAW GROUP PLLC Daniel A. Swedlow Packet Pg. 101 5.6.a Mary Ann Hardie May 31, 2017 Page 3 AGREED AND ACCEPTED: City of Ed onds By Dave Earling Mayor Dated Packet Pg. 102 5.6.a APPENDIX TO ENGAGEMENT LETTER OF SUMMIT LAW GROUP, PLLC The term "you" below refers to the client in this engagement. If the client is an entity, then we have addressed the accompanying engagement letter to the client's authorized representative, but the term "you" below refers to the entity client. IDENTITY OF CLIENT. In representing a client which is an entity, we do not thereby also separately represent affiliates or other constituents of the entity, nor do we separately represent the owners, officers, directors, founders, managers, members, partners, fiduciaries, or employees of the entity in their individual capacities or with respect to their individual affairs. We will rely upon you to inform them of this fact where appropriate. Unless we agree otherwise in writing, we do not by virtue of our representation of you also represent any entity that controls you, is controlled by you or is under common control with you. We will look to the addressee of the engagement letter for our instructions on behalf of the entity, unless you inform us otherwise in writing. SCOPE OF ENGAGEMENT. The scope of this engagement is described in the accompanying engagement letter. The scope of our engagement may change if you ask us to provide different or additional services and we agree in writing to provide them or we actually proceed to provide them and bill you for them. If our engagement changes, the terms set out in the accompanying engagement letter and this Appendix will apply to the changed engagement, unless we enter into a further agreement modifying this one. Our engagement may be terminated by either one of us upon written notice to the other. SUMMIT TEAM ASSIGNED TO THIS ENGAGEMENT. At Summit Law Group, we assign a team to your engagement. Your team includes the individuals listed below. Attorney Direct Dial Email Hourly Rate Daniel A. Swedlow (206) 676-7024 dans@summitlaw.com $290 BILLING AND PAYMENT. We review and make changes to our hourly rates from time to time, usually on an annual basis. Changes may or may not apply across the board to all timekeepers. Timely payment in full is a condition to our continuing provision of services. You agree that we may suspend or terminate our services and may withdraw from this Packet Pg. 103 5.6.a engagement in the event our fees and other charges are not timely paid, subject to applicable rules governing attorney withdrawal. In extreme cases, we may pursue recovery of unpaid fees through collection actions or litigation. If our engagement is terminated by either you or us for any reason, you will remain obligated to pay us all fees -and other charges -properly -incurred -up -to the -termination -date. - Although on occasion we will in good faith attempt to estimate in advance the fees and costs of an engagement, we are not bound by any such estimate unless agreed in writing. Also, we are not obligated to revise, amend or correct any such estimate if subsequent developments make it inaccurate. If we have more than one client in this engagement, then each is jointly and severally obligated to pay us unless we agree otherwise in writing. Any outside arrangements you may have for allocation, reimbursement, insurance, indemnification or the like will not relieve you of your obligation to pay amounts due. CONFLICT CHECK. At the beginning of each engagement we conduct a review of potential conflicts of interest to ensure compliance with the Rules of Professional Conduct, using names that you have provided. As we move forward, please be sure to immediately provide us with any new or different names of adverse or interested parties so that we may update our conflict check. OWNERSHIP AND RETURN OF FILES. By executing our engagement letter, you agree that the files generated or accumulated as a result of our representation belong to Summit Law Group. If you desire a copy of the files at the conclusion of our representation, you will be responsible for costs associated with file duplication and mailing, based on the hourly rate of our administrative staff. Under our document retention policy, we normally destroy client records seven years after the conclusion of a matter unless other arrangements are made. Prior to destruction, we will attempt to contact you at your last known address on record with Summit Law Group. It is your responsibility to notify Summit Law Group of any change of mailing address after the termination of an engagement. E-mails that are duplicative, routine or otherwise not part of the client file may be destroyed before the end of the seven-year period, without prior notice to you. If your engagement will involve significant long-term storage costs, then we may charge you for our actual costs of such storage. DISPUTE RESOLUTION AND ARBITRATION. If you become dissatisfied with any aspect of our relationship, including the quality or adequacy of our representation, you agree to bring that to our attention, and we each agree to negotiate in good faith to resolve the matter. If we cannot reach Packet Pg. 104 5.6.a agreement, we each agree to comply with any mandatory dispute resolution procedures that apply to any such dispute. If such applicable mandatory dispute resolution procedures have been completed or waived, and a dispute still exists between us, we each agree that the dispute will be submitted for mediation in Seattle, Washington,_ under the rules of JAMS. If such mediation fails, and a_ dispute still exists between us, we each agree that the dispute will be submitted to binding arbitration in Seattle, Washington, under the rules of JAMS. In arbitration, there is no right to a trial by jury and the arbitrator's legal and factual determinations are generally not subject to appellate review. By signing the engagement letter to which this is attached, you acknowledge that the agreement to arbitrate results in a waiver of your right to a court or jury trial for any fee dispute or malpractice claim. This also means that you are giving up your right to discovery and appeal. If you later refuse to submit to arbitration after agreeing to do so, you may be ordered to arbitrate pursuant to the provisions of Washington law. You acknowledge that before signing this agreement and agreeing to binding arbitration, you are entitled to, and have been given, a reasonable opportunity to seek the advice of independent counsel. Packet Pg. 105 5.7 City Council Agenda Item Meeting Date: 06/13/2017 RFP for Baseline Study of Edmonds Marsh Staff Lead: Shane Hope Department: Development Services Preparer: Diane Cunningham Background/History Discussion of the Shoreline Master Program during this past year has led the City Council to further consider the status and future of the Edmonds Marsh. To better understand the issues, the Council has concurred on requesting a baseline, planning -level scientific study of the Edmonds Marsh and its environmental conditions. At the City Council's April 18 meeting, this was discussed and direction was given for a draft Request for Proposals (RFP) to be developed for Council consideration. The study is a project of the City Council. Staff Recommendation Narrative A Task Force of certain Council members and staff appointed by the Council President developed basic concepts and language for a draft RFP (see Attachment 1) for full City Council consideration at the June 6 meeting. (Note: Some components now marked with "XXXX" and any necessary technical corrections will be made before the RFP is issued.) The draft RFP identifies four required components that any response must address. It also identifies five optional components. The current assumption is that the City Council will ultimately choose to move forward with one or more (preferably all) of the required components and may consider moving forward (either as part of the current project or later) on one or more of the optional components. Any final decision about this is up to the Council. On June 6, the City Council discussed the draft RFP and agreed to one change to add language about treaty rights as a referenced resource item. This change was made to the draft RFP. (See attachment.) Attachments: RFP for Marsh_06.08.17 Packet Pg. 106 5.7.a 6/8/17: DRAFT Request for Proposals (RFP) For a Site -Specific, Planning -Level Scientific Study Of the Edmonds Marsh Summary The City of Edmonds is seeking to obtain a site -specific, planning -level, scientific study of the Edmonds Marsh. To be considered for this project, interested firms must submit a proposal to the City by August 15 at 4:00 pm. Purpose The study should inform the City about the existing ecological conditions of the Edmonds Marsh and its wildlife, along with the range of buffer widths and restoration approaches necessary to preserve and enhance the health of the Edmonds Marsh into the future. The study results are to serve as an ecological baseline for evaluating future activities that may affect the Edmonds Marsh and augment the City's prior Shoreline Inventory and Assessments to help inform the 2019 Shoreline Management Program update. Principles ➢ Be based on best available science ➢ Be based on site -specific context ➢ Aim at identifying properly functioning ecological conditions ➢ Provide planning -level analysis. Qualifications To be considered for this project, a qualifying firm must have scientific expertise, including field experience in wetland and wildlife science. The firm should also have experience in analyzing data associated with water quality, stormwater, and wildlife habitat. Project area The Edmonds Marsh encompasses approximately 28 acres and is located near the Edmonds waterfront. See attached map and background description. (Map to be included in final RFP) Project description The project will include the following "required components" and may include one or more "optional components". Project responders must address at least the required components. Packet Pg. 107 5.7.a Component 1: Baseline Analysis (Requiredl The baseline project will assess the broad ecological functions of the existing Marsh, including but not limited to its: (1) biogeochemical functions (related to trapping and transforming chemicals, for example, to improve water quality in the watershed); (2) hydrologic functions (related to water flow and stormwater mamagement) to maintain the water regime in a watershed, for example, to absorb stormwater runoff); and (3) food web and habitat functions. These functions should be evaluated as the baseline, as well as in the context of properly functioning conditions. Component 2: Evaluation of site -specific buffers for ecological functions (Required) The study will evaluate the range of buffer widths that will ensure effective site -specific buffer functions for: (1) removing sediment; (2) removing excess nutrients, 3) removing toxics, 4) influencing the microclimate, 5) screening adjacent disturbances to wildlife (including noise and light), 6) maintaining habitat connectivity, and 7) maintaining habitat critical for the life needs of wildlife that utilize the Edmonds Marsh including a) refuge/shelter, b) feeding, c) breeding, and d) distancing wildlife sensitive to human activities. Each of the buffer functions should be evaluated using current scientific literature on both the current conditions and for properly functioning ecological conditions of the Edmonds Marsh (whereas "properly" functioning, in this context, would apply to: 1) the current environment, 2) the sustaining environment and 3) enhancement of the environment at different levels). Component 3: 2019 SMP Update Information (Requiredl This component would provide information to help update the City's SMP in 2019: The next deadline for updating the City's Shoreline Master Program (SMP) is in 2019. Because the City recently prepared a major update to its SMP, the 2019 update will probably be limited and will particularly focus on adding relevant new information about the Marsh to the: (a)shoreline inventory and characterization section; and (b) restoration plan. [Note: The City is replacing its existing SMP with a major new 2017 update for 2017. The update includes the Edmonds Marsh as a shoreline of the State. The Department of Ecology has very recently approved the latest version of the SMP. It can be viewed at: XXXXXXX. The 2019 update is expected to be more minor in scope. Component 4: Willow Creek Daylighting Impacts (Required) Analyze how the daylighting of Willow Creek may alter the Marsh's environmental functions and conditions and how that may affect the location and ranges of buffer widths that are necessary for the protection and maintenance of ecological functions. Note: Daylighting Willow Creek is a project the City has been planning for years to improve salmon habitat. Packet Pg. 108 5.7.a Component S: Vegetation Enhancement Project Impacts (Optional l Analyze how certain volunteer enhancement projects may affect the Marsh's environmental functions and conditions and how that may affect the location and ranges of buffer widths that are necessary for the protection and maintenance of ecological functions. Component 6: Tidal Channels Impacts (Optional Analyze how the excavation of tidal channels to extend tidal flow within the Marsh (including the portion known as Shellbarger Marsh on the east side of Highway 104) would affect the Marsh's environmental functions and conditions and how that may affect the location and ranges of buffer widths that are necessary for the protection and maintenance of ecological functions. Component 7: Impacts of Cleaning Out SR-104 Culverts (Optional) Analyze how the the cleaning out of SR-104 culverts that empty into the Marsh would affect the Marsh's ecological functions and conditions. Component 8: Dayton Street Pump Station Impacts (Optional). A new Dayton Street Pump Station is planned for construction in 2018 to reduce or eliminate storm event flooding at the highway 104 and Dayton Street intersection. Analyze how the new system may affect the Marsh's current ecological functions and how that may affect the location and ranges of buffer widths that are necessary for the protection and maintenance of ecological functions. Component 9: Preparation for a Long -Term Watershed Management Study (Optional This component would identify a scope and process, with options and recommendations, for developing a watershed management study and strategy. It would focus on the Edmonds Marsh and the Shellabarger/Willow Creek basins and address such questions as: What should be the watershed planning goals and key topics? Who should be involved in developing or implementing a strategy? What is the best process to use in getting public consensus and in making effective choices to improve conditions, especially for fish habitat? (Note: This component would not include actual development of the study/strategy but, rather, the steps, scope, stakeholders, and decisions necessary to launch such an effort in the near future.) Proposal Requirements A responding proposal to this request should: A. Identify the project manager and the team members that would be involved in the project, along with their expertise and experience B. Address how the team would approach conducting Component 1 (the baseline analysis) Packet Pg. 109 5.7.a C. Address how the team would approach required Components 2, 3, and 4 D. Address how the team would approach one or more of the optional components (i.e., Component 5, 6, 7, 8, or 9) E. Indicate project deliverables for the required components (and, to the extent desired, for any optional components) F. Develop a separate timeline and budget for each of the following required components: (1) Baseline analysis; (2) Buffer evaluation; (3) SMP update information; and (4) Willow Creek daylighting impacts. G. Develop a preliminary (estimated) budget and timeline for any optional components that the consultant chooses to address under (D) above. H. Discuss similar studies the team has undertaken and how the team or its members were involved. I. Identify at least three references, including contact information, from other projects the team or team members have worked on. Project coordination The consultant selected for this project will communicate directly with the City's task force to keep the City informed of progress and identify issues that may need further attention or guidance. Background The Edmonds Marsh is a 28-acre remnant of a historically much larger barrier estuary and marsh complex located immediately south of downtown Edmonds, WA. It is the last remaining barrier estuary salt marsh of its size on the mainland side of the Central Puget Sound basin, a very populated portion of Washington state. The City owns the Marsh and is committed to protecting and enhancing its functions and values. Two spring -fed, freshwater tributaries feed into Edmonds Marsh- Willow Creek (393-acre basin) and Shellabarger Creek (378-acre basin). Feasibility studies and conceptual designs have been completed for various topics related to the project. Some of these studies considered several alternatives and cost/benefit analysis to determine the recommended actions to move forward. These include: design alternatives for daylighting Willow Creek and marsh improvements, as well as a flood analysis of the downtown core (Dayton Street and SR 104 Storm Drainage Alternatives Study, SAIC, 2013) and additional stormwater analysis of the surrounding watershed. Immediate next steps are expected to include negotiations with stakeholders, including WSDOT-Ferries Division, as it pertains to land acquisition necessary to daylight the Willow Creek channel to Puget Sound. (See "Potential Resources" section below for more information.) Overview of the Willow Creek daylighting aspect of this project: The current outlet of the marsh is via a combination of a narrow ditch and a 1,600' long system of buried pipes and vaults that empties into Puget Sound at approximately -8.0' below MLLW. A flap tide gate is present mid -way along the pipe outfall system, which is closed during winter months (mid -October through mid - March) limiting tidal inflow. This existing system is a nearly complete fish access Packet Pg. 110 5.7.a barrier. In addition, years of altered hydrology and undersized culverts under State Highway 104 severely impacts the movement of freshwater from the two creeks into the marsh and results in frequent flooding of the Dayton St/SR-104 intersection (including WSDOT Ferries loading lanes), impacting emergency access to the Edmonds waterfront. Potential Resources A. The City has numerous documents for use as needed. These include but are not limited to: Dayton & SR 104 Flood Reduction Studies: o http://www.edmondswa.Liov/images/COE/Government/Department s/Public Works/Stormwater Utility/pdf/Dayton SR 104 Drainage Al ternatives Final 08-16-13.pdf o http://www.edmondswa.gov/images/COE/Government/Department s/Public Works/Stormwater Utility/pdf/Final Report Dayton Pump Station 06-1-15.pdf Willow Creek Daylighting: 2013 Study o http://www.edmondswa.gov/images/COE/Government/Department s/Public Works/Stormwater Utility/pdf/Final%20 Early Feasiblity WillowCreekDaylighting.pdf 2015 Study+ appendices o http://www.edmondswa.gov/images/COE/01. FINAL FEAS WILLO W-CRK-FINAL2-RPT.12df o http://www.edmondswa.gov/images/COE/02. FINAL FEAS WILLO W-CRK-FINAL-WILLOW-CRK-APP A-D.pdf o http://www.edmondswa.gov/images/COE/03. FINAL FEAS WILLO W-CRK-FINAL-WILLOW-CRK APP E l.pdf o http://www.edmondswa.gov/images/COE/04. FINAL FEAS WILLO W-CRK-FINAL-WILLOW-CRK APP J-M.pdf o http://www.edmondswa.gov/images/COE/05. FINAL FEAS WILLO W-CRK-FINAL-WILLOW-CRK APP N-O.pdf City of Edmonds Comprehensive Plan o http://www.edmondswa.gov/2011-07-27-22-31-43/comprehensive- nlan.html. B. Examples of scientific literature resources include but are not limited to: o Boyd, Lynn. 2001. Wildlife Use of Wetland Buffer Zones and their Protection under the Massachusetts Wetland Protection Act. Department of Natural Resources Conservation, University of Massachusetts. 30 pp plus appendices. o Castelle, Andrew J., Catherine Conolly, Michael Emers, Eric D. Metz, Susan Meyer, Michael Witter, Susan Mauermann, Terrell Erickson and Sarah S. Cooke. 1992. Wetland buffers: use and effectiveness. Washington State Packet Pg. 111 5.7.a Department of Ecology, Shorelines and Coastal Zone Management Program. Olympia, WA. Pub. No. 92-10. o McMillan, Andrew. 2000. The science of wetland buffers and its implication for management of wetlands. Master of Environmental Studies thesis. The Evergreen State College, August 2000. 116 pp including graphical appendices. o Glover, H.K., M.A. Weston, G.S. Maguire, K.K. Miller, and B.A. Chritie. 2011. Towards ecologically meaningful and socially acceptable buffers: Response distances of shorebirds in Victoria, Australia, to human disturbance Landscape and Urban Planning 103(3-4):326-334. o Smith, L. A. and P. ChowFraser. 2010. Impacts of adjacent land use and isolation on marsh bird communities. Environmental Management 45: 1040- 1051. C. Other resources may include locally collected information, such as but not limited to: o Bird sighting data from web -based "E-Bird" reporting o Lists of wildlife observed in Edmonds Marsh from local residents o Water quality data from Edmonds Stream Team D. Additional resources may include information about treaty rights of all tribes as related to the watershed. Submittal Information Any interested consultants are encouraged to submit their contact information to the City's central contact person as soon as possible. Then any updates about the RFP can be sent to those consultants. Responses to the RFP should be in easy -to -read format with two hard copies plus an electronic copy submitted by the due date. Submittals should be made to Andrew Pierce/City Council Office/121 Fifth Ave North/Edmonds WA 98020 and via email to: Andrew.pierce@edmondwa.gov. RFP inquiries Inquiries about this RFP may be submitted via email to the City's central contact person, Andrew Pierce, at: Andrew.pierce@edmondswa.gov. Answers to any questions will be circulated to each consultant who has submitted her/his contact information. Selection Criteria ❑ Professional education and expertise in wetland and wildlife sciences ❑ Experience in developing site -specific scientific studies ❑ Manager's qualifications and experience in managing projects Packet Pg. 112 5.7.a ❑ Approach to baseline study ❑ Budget for baseline study ❑ Proposal's clarity and its consistency with RFP requirements Selection process Based on the submitted proposals, interviews, and reference checks related to the RFP criteria, a finalist will be selected by the City Council and negotiations initiated to finalize the project scope, timeline and budget for inclusion in a professional services agreement. Other Information XXXXXXXXXXXXX Packet Pg. 113 5.8 City Council Agenda Item Meeting Date: 06/13/2017 Shoreline Master Program Update Staff Lead: Kernen Lien Department: Planning Division Preparer: Kernen Lien Background/History The City of Edmonds spent several years (2006 - 2014) revising its SMP consistent with updated state guidelines. The City's review of the SMP update included ten meetings before the Planning Board from October 2011 - November 2012 and eleven meetings before the City Council from December 2012 through November 2014, culminating in the adoption of Resolution 1326 expressing intent to adopt an update to the Shoreline Master Program. The Department of Ecology is responsible for ensuring statewide policies are upheld and implemented when local SMPs are adopted and must approve local SMPs before they become effective. Following the adoption of Resolution 1326, the City's updated SMP and supporting documentation was sent to Ecology for review in December 2014. Ecology issued a conditional approval of the City's SMP on June 27, 2016. The Conditional Approval included eight required changes to the City's SMP and one recommended change. Five of the required changes relate to incorporating the recently adopted critical area ordinance into the SMP. The three remaining required changes and the one recommended change are in regards to the Urban Mixed Use IV Shoreline Environment around the Edmonds Marsh. (The one recommended change was to allow residential development within the Urban Mixed Use IV shoreline environment.) The Council has reviewed each of the required changes proposed by Ecology and taken preliminary votes on each of the required changes to provide direction to staff in preparing a response to Ecology. The City of Edmonds responded to Ecology's conditional approval on October 19, 2016 accepting some of Ecology's required changes and proposing alternatives to others. The alternatives proposed by the City of Edmonds largely represented providing buffers and setbacks in the Urban Mixed Use IV shoreline environment consistent with Ecology's Wetland Guidance for CAO Updates (Publication No. 16-06-001). Department of Ecology responded to the City's proposed alternatives on January 10, 2017. Ecology formally accepted the City's actions and alternatives on Ecology's required changes 1- 6 (incorporation of the critical area regulations and dropping the interim designation for the Urban Mixed Use IV shoreline environment). However, Ecology offered two options for the City of Edmonds to consider regarding the buffer and setbacks for the UMU IV shoreline environment. The Council considered Ecology's proposed alternatives and developed other options consistent with intent of the options proposed by Ecology and held another public hearing to gather input from the many voices that care about our marsh. After much deliberation and public input, the City of Edmonds developed the attached Option M. Option M establishes a 110-foot default buffer with a possible Packet Pg. 114 5.8 alternate buffer width derived from a site -specific scientific study. Option M also adds clarification to where the buffer and setbacks are measured from which has been a point of confusion. The City of Edmonds responded to Ecology with Option M and other associated changes on April 6, 2017. The Department of Ecology issued final approval of the Shoreline Master Program on April 24, 2017. Staff Recommendation Approve ordinance adopting the Edmonds Shoreline Master Program. Narrative The Department of Ecology granted final approval of the Edmonds' Shoreline Master Program on April 26, 2017. One final step remains for the City and that is to integrate the changes into the SMP and forward the final adoption to the Department of Ecology. The City Council reviewed the changes that had been incorporated in the SMP at the June 6, 2017 Council meeting and concurred to place the SMP and adopting ordinance on the consent agenda. The final adopting ordinance and associated attachments are attached. Attachments: SMP Final Adoption Ordinance Ordinance Attachment A - Title 24 ECDC Edmonds Shoreline Master Program Ordinance Attachment B - SMP Appendix A Maps of Shoreline Environments and Jurisdictions Ordinance Attachment C - SMP Appendix B Critical Area Regulations Applicable to Shoreline Jurisdiction Ordinance Attachment D - Shoreline Inventory and Characterization Ordinance Attachment E - Shoreline Restoration Plan Ordinance Attachment F - Cummulative Impacts Analysis Ordinance Attachment G - ECDC 20.01.003 Permit Type and Decision Framework Packet Pg. 115 5.8.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A NEW SHORELINE MASTER PROGRAM FOR THE CITY OF EDMONDS, REPEALING THE PREVIOUS SHORELINE MASTER PROGRAM, AND MAKING RELATED CHANGES TO THE EDMONDS COMMUNITY DEVELOPMENT CODE. WHEREAS, the City of Edmonds spent several years (2006 - 2014) revising its SMP consistent with updated state guidelines; and WHEREAS, the City's review of the SMP update included ten meetings before the Planning Board from October 2011 through November 2012 and eleven meetings before the City Council from December 2012 through November 2014, culminating in the adoption of Resolution 1326 expressing intent to adopt an update to the Shoreline Master Program; and WHEREAS, following the adoption of Resolution 1326, the City's updated SMP and supporting documentation was sent to the Department of Ecology for review in December 2014; and WHEREAS, the Department of Ecology issued a conditional approval of the City's SMP on June 27, 2016; and WHEREAS, the conditional approval required five changes related to incorporation of the recently adopted critical area ordinance into the SMP and three changes related to the Urban Mixed Use IV Shoreline Environment around the Edmonds Marsh; and WHEREAS, the City of Edmonds responded to Ecology's conditional approval on October 19, 2016, accepting some of the Department of Ecology's required changes and proposing alternatives to others; and WHEREAS, Department of Ecology responded to the City's proposed alternatives on January 10, 2017, proposing two more alternatives related to the buffer and setbacks for the Urban Mixed Use IV shoreline environment; and WHEREAS, the City Council considered Ecology's proposed alternatives and developed other options consistent with intent of the options proposed by Ecology and held another public Packet Pg. 116 5.8.a hearing on March 21, 2017, to gather input from the many voices that care about the Edmonds Marsh; and WHEREAS, after much deliberation, the City of Edmonds developed and voted to approve "Option M" to address the Department of Ecology's concerns with the Urban Mixed Use IV; and WHEREAS, the City of Edmonds responded to the Department of Ecology with a letter summarizing Option M and other associated changes on April 6, 2017; and WHEREAS, The Department of Ecology issued final approval of the City's Shoreline Master Program on April 24, 2017; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Title 24 of the Edmonds Community Development Code, entitled "Edmonds Shoreline Master Program," is hereby adopted to read as set forth in Attachment A hereto, which is incorporated herein by this reference as if set forth in full. Section 2. Appendix A of the Edmonds Shoreline Master Program, entitled "Maps of Shoreline Environments and Jurisdictions," is hereby adopted to read as set forth in Attachment B hereto, which is incorporated herein by this reference as if set forth in full. Section 3. Appendix B of the Edmonds Shoreline Master Program, entitled "Critical Area Regulations Applicable to Shoreline Jurisdiction," is hereby adopted to read as set forth in Attachment C hereto, which is incorporated herein by this reference as if set forth in full (critical area regulations that apply outside of the shoreline jurisdiction but do not apply within the shoreline jurisdiction are shown in s4ikethr-eugh). Section 4. The Shoreline Inventory and Characterization is hereby adopted to read as set forth in Attachment D hereto, which is incorporated herein by this reference as if set forth in full. Section 5. The Shoreline Restoration Plan is hereby adopted to read as set forth in Attachment E hereto, which is incorporated herein by this reference as if set forth in full. Packet Pg. 117 5.8.a Section 6. The Cumulative Impacts Analysis is hereby adopted to read as set forth in Attachment F hereto, which is incorporated herein by this reference as if set forth in full. Section 7. The table in section 20.01.003 of the Edmonds Community Development Code, entitled "Permit type and decision framework," is hereby amended to read as set forth in Attachment G hereto, which is incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted text is shown in stfi e thfoug ). Section 8. Chapter 20.55 of the Edmonds Community Development Code, entitled "Shoreline Permits," is hereby repealed in its entirety. Section 9. Chapter 23.10 of the Edmonds Community Development Code, entitled "Shoreline Master Program," is hereby repealed in its entirety. Section 10. 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 11. 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. ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: IM JEFF TARADAY APPROVED: MAYOR DAVE EARLING Packet Pg. 118 5.8.a FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 119 5.8.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2017, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A NEW SHORELINE MASTER PROGRAM FOR THE CITY OF EDMONDS, REPEALING THE PREVIOUS SHORELINE MASTER PROGRAM, AND MAKING RELATED CHANGES TO THE EDMONDS COMMUNITY DEVELOPMENT CODE. The full text of this Ordinance will be mailed upon request. DATED this day of , 2017. 4840-7251-8158,v. 1 R CITY CLERK, SCOTT PASSEY Packet Pg. 120 5.8.b Title 24 - Edmonds Shoreline Master Program PartI. Introduction.............................................................................................................................................3 24.10.000 Purpose and Intent.............................................................................................................................3 24.10.010 Authority...........................................................................................................................................4 24.10.020 Applicability.....................................................................................................................................4 24.10.030 Relationship to Other Plans or Regulations......................................................................................4 24.10.040 Liberal Construction.........................................................................................................................5 24.10.050 Administrative Procedures................................................................................................................5 24.10.060 Document Organization....................................................................................................................6 Part II. Master Program Elements: Goals & Policies for the Edmonds Shoreline Master Program.............6 24.20.000 Introduction....................................................................................................................................... 6 24.20.010 Economic Development Element......................................................................................................7 24.20.020 Public Access Element......................................................................................................................8 24.20.030 Recreational Element......................................................................................................................10 24.20.040 Circulation Element........................................................................................................................11 24.20.050 Shoreline Use Element....................................................................................................................12 24.20.060 Conservation Element.....................................................................................................................16 24.20.070 Historic, Cultural, Scientific and Educational Element...................................................................17 24.20.080 Flood Damage Prevention Element................................................................................................18 24.20.090 Views and Aesthetics Element........................................................................................................19 24.20.100 Urban Design Element....................................................................................................................19 24.20.110 Restoration Element........................................................................................................................20 PartIII. Shoreline Environments.........................................................................................................................22 24.30.000 Introduction.....................................................................................................................................22 24.30.010 Adoption Criteria............................................................................................................................22 24.30.020 Shoreline Jurisdiction and Environments Designation Maps..........................................................22 24.30.030 Aquatic Environment......................................................................................................................23 24.30.040 Natural Environment.......................................................................................................................25 24.30.050 Urban Conservancy Environment...................................................................................................27 24.30.060 Shoreline Residential......................................................................................................................28 24.30.070 Urban Mixed Use............................................................................................................................30 24.30.080 Urban Railroad................................................................................................................................32 Part IV General Policies & Regulations............................................................................................................33 24.40.000 Applicability...................................................................................................................................33 Ecology Approved Shoreline Master Program Page 1 of 159 Packet Pg. 121 5.8.b 24.40.010 Archaeological and Historic Resources..........................................................................................33 24.40.020 Critical Areas..................................................................................................................................34 24.40.030 Flood Hazard Reduction.................................................................................................................42 24.40.040 Public Access and Views................................................................................................................43 24.40.050 Shoreline Vegetation Conservation.................................................................................................47 24.40.060 Water Quality, Stormwater, and Nonpoint pollution......................................................................48 24.40.070 Shoreline Development Table: User Guide.................................................................................50 24.40.080 Shoreline Development Table: Shoreline Development Permitted by Area Designation' ......50 24.40.090 Shoreline Bulk and Dimensional Standards...............................................................................53 Part V Specific Modification Policies & Regulations......................................................................................57 24.50.000 Applicability...................................................................................................................................57 24.50.010 General Modification Policies and Regulations..............................................................................57 24.50.020 Shoreline stabilization.....................................................................................................................58 24.50.030 Moorage: Piers, Docks, and Floats..................................................................................................66 24.50.040 Landfill............................................................................................................................................74 24.50.050 Breakwaters, jetties, groins, and weirs............................................................................................77 24.50.060 Dredging and dredge material disposal...........................................................................................80 24.50.070 Shoreline habitat and natural systems restoration and enhancement projects.................................86 Part VI Specific Use Policies & Regulations.....................................................................................................87 24.60.000 Applicability...................................................................................................................................87 24.60.010 Aquaculture.....................................................................................................................................88 24.60.020 Boating Facilities............................................................................................................................94 24.60.030 Commercial Development and Light Industrial............................................................................101 24.60.040 Forest Practices.............................................................................................................................104 24.60.050 In -stream Structures......................................................................................................................105 24.60.060 Recreational Development............................................................................................................105 24.60.070 Residential Development..............................................................................................................109 24.60.080 Transportation and Parking...........................................................................................................112 24.60.090 Utilities..........................................................................................................................................119 PartVII Nonconforming Development.........................................................................................................123 24.70.000 Purpose..........................................................................................................................................123 24.70.010 Nonconforming Uses....................................................................................................................123 24.70.020 Nonconforming development, building and/or structure..............................................................124 24.70.030 Nonconforming Lots............................................................................................................................127 24.70.040 Nonconforming Signs..........................................................................................................................128 24.70.050 Nonconforming local public facilities..................................................................................................129 Ecology Approved Shoreline Master Program Page 2 of 159 Packet Pg. 122 5.8.b Part VIII Administration — Shoreline Permits...............................................................................................129 24.80.000 Purpose..........................................................................................................................................129 24.80.010 Exemptions from Shoreline Substantial Development Permit Process.........................................129 24.80.020 Letter of Exemption......................................................................................................................133 24.80.030 Review Criteria for All Development...........................................................................................134 24.80.040 Substantial Development Permit Criteria......................................................................................134 24.80.050 Conditional Use Permit Criteria....................................................................................................134 24.80.060 Variance Permit Criteria...............................................................................................................135 24.80.070 Minimum Application Requirements............................................................................................136 24.80.080 Notice of Application....................................................................................................................138 24.80.090 Special Procedures for Limited Utility Extensions and Bulkheads...............................................139 24.80.100 Public Hearings.............................................................................................................................139 24.80.1 10 Notice of Decision, Reconsideration, and Appeals.......................................................................140 24.80.120 Initiation of Development.............................................................................................................141 24.80.130 Revisions.......................................................................................................................................141 24.80.140 Time requirements of Shoreline Permits.......................................................................................143 24.80.150 Administrative Authority and Responsibility...............................................................................144 24.80.160 Compliance...................................................................................................................................145 24.80.170 Enforcement..................................................................................................................................146 PartIX Definitions............................................................................................................................................146 24.90.000 General Information......................................................................................................................146 24.90.010 Definitions: A to B.......................................................................................................................146 24.90.020 Definitions: C to F........................................................................................................................148 24.90.030 Definitions: G to 0.......................................................................................................................151 24.90.040 Definitions: P to R........................................................................................................................155 24.90.050 Definitions: S to T........................................................................................................................157 24.90.060 Definitions: U to Z.......................................................................................................................158 PartX Appendices...........................................................................................................................................159 24.100.000 Appendix A - Maps of Shoreline Environments and Jurisdictions...............................................159 24.100.010 Appendix B —Shoreline Master Program Version of Edmonds Critical Area Regulations.............159 Part I. Introduction 24.10.000Purpose and Intent Ecology Approved Shoreline Master Program Page 3 of 159 Packet Pg. 123 5.8.b This master program, in harmony with the Shoreline Management Act of 1971, is based on the philosophy that the shorelines of the state and our city are among the most valuable and fragile resources that we possess. The Shoreline Management Act made clear that there is a great public concern regarding the use, protection, restoration, and preservation of these shorelines, which concern is the premise of this master program. In recognition of private property rights, local public opinion, existing realities, and the necessary coordination between several levels of government, this program represents an approach toward the enhancement of shorelines rather than the restriction of their use. The purposes of this Master Program are: A. To carry out the responsibilities imposed the City of Edmonds by Washington State Shoreline Management Act (RCW 90.58). B. To promote uses and development of the City of Edmonds shoreline consistent with the City of Edmonds Comprehensive Plan while protecting and restoring environmental resources. C. To promote the public health, safety, and general welfare by providing a guide and regulation for future development of the shoreline resources of the City of Edmonds 24.10.O10Authority Authority for enactment and administration of the program is the shoreline Management Act of 1971, chapter 90.58 RCW, as now or hereafter amended 24.10.020Applicability All proposed uses and development occurring within shoreline jurisdiction of the City of Edmonds must conform to the Shoreline Management Act and this Chapter. All uses, even those not meeting the definition of development, are subject to the provisions and development regulations of this chapter, even though a permit may not be required. 24.10.030Relationship to Other Plans or Regulations A. Uses, developments and activities regulated by this Chapter may also be subject to the provisions of the city of Edmonds comprehensive Plan, the Washington State Environmental Policy Act, Edmonds City Code, and various other provisions of local, state, and federal law, as may be amended. Project proponents shall comply with all applicable laws prior to commencing any use, development or activity. B. The shoreline master program has been developed as a both a policy and a regulatory program. As such, the shoreline master program is a part of and was developed to be consistent with the city of Edmonds comprehensive plan and its component elements. Ecology Approved Shoreline Master Program Page 4 of 159 Packet Pg. 124 5.8.b C. The Edmonds Community Development Code establishes specific and detailed regulations for most of the uses, development, and activities regulated in this chapter. The Edmonds Community Development Code and this chapter are intended to operate together to produce coherent and thorough shoreline regulations. Uses, developments and activities must comply with both the Edmonds Community Development Code and the shoreline master program in all cases. If there is a conflict between the two, the shoreline master program shall prevail. 24.10.040Liberal Construction As provided for in RCW 90.58.900, the Shoreline Management Act is exempted from the rule of strict construction; the Act and this Master Program shall, therefore, be liberally construed to give full effect to the purposes, goals, policies, and standards for which the Act and this master Program were enacted. 24.10.050Administrative Procedures The general administrative procedures for this Title 24 (Edmonds Shoreline Master Program) are not part of this program. They are included with the text of Title 24 for consistency and ease of use. The Department of Ecology will be notified of any changes to the administrative chapters listed below. The use of separate local administrative and enforcement procedures is consistent with the 2003 Washington State Shoreline Master Program Guidelines (WAC 173-26-191(2)(a)(iii)(C)), Administrative Provisions. "Local governments may include administrative, enforcement, and permit review procedures in the master program or the procedures may be defined by a local government ordinance separate from the master program. In either case, these procedures shall conform to the Shoreline Management Act, specifically RCW 90.58.140, 90.58.143, 90.58.210 and 90.58.220 and to chapter 173-27 WAC." This allows the city of Edmonds to revise local administrative procedures (fees, application meetings, authority of Administrator, etc.) without another formal state amendment process. ECDC 24.80 must still be consistent and remain consistent with the related provisions in the Shoreline Management Act and sate shoreline rules (WACs). In the event of a conflict, the state RCW or WAC, as amended, will prevail over the local ordinance. The following sections are administrative procedures separate from Title 24: ECDC 24.80.070Minimum Application Requirements ECDC 24.80.080Notice of Application ECDC 24.80.100Public Hearings ECDC 24.80.110Notice of Decision, Reconsiderations, and Appeals ECDC 24.80.130Initiation of Development ECDC 24.80.160Administrative Authority and Responsibility Ecology Approved Shoreline Master Program Page 5 of 159 Packet Pg. 125 5.8.b ECDC 24.80.170Compliance ECDC 24.80.180Enforcement 24.10.060Document Organization This Master Program is divided into the following ten parts, consistent with the material to be included within a master program as established in Chapter 173-26 WAC: A. Part I, ECDC 24.10.000 through 24.10.060, contains basic and general information regarding the shoreline master program. B. Part II, ECDC 24.20.000 through 24.20.110, contains the city's goals and policies with respect to the program elements established in Chapter 173-26 WAC. C. Part III, ECDC 24.30.000 through 24.30.080, contains information regarding the different shoreline environments to be found within the city including goals, policies and regulations specific to each of the shoreline environments. D. Part IV, ECDC 24.40.000 through 24.40.060, contains policies and regulations with respect to general master program provisions identified in Chapter 173-26 WAC. E. Part V, ECDC 24.50.000 through 24.50.070, contains policies and regulations that apply to specific modifications that are regulated under the shoreline master program. F. Part VI, ECDC 24.60.000 through 24.60.090, contains policies and regulations that apply to specific uses that are regulated under the shoreline master program. G. Part VII, ECDC 24.70.000 through 24.70.050, contains policies and regulations that apply to nonconforming development with the shoreline jurisdiction of the City of Edmonds. H. Part VIII, ECDC 24.80.000 through 24.80.180, contains administrative procedures for shoreline permitting Part IX, ECDC 24.90.000 through 24.90.060, contains definitions applicable to the shoreline master program Part X, ECDC 24.100.000 through 24.100.010, contains appendices pertaining to this chapter. Part II. Master Program Elements: Goals & Policies for the Edmonds Shoreline Master Program 24.20.00OIntroduction Ecology Approved Shoreline Master Program Page 6 of 159 Packet Pg. 126 5.8.b This section contains goals and policies that form the foundation of Edmonds' Shoreline Master Program which are implemented through the regulations in ECDC chapters 24.40 through 24.60, and apply to all areas of the City of Edmonds shoreline jurisdiction, regardless of the designated shore environment. The Shoreline Management Act requires cities to adopt goals, or "elements," to guide and support major shoreline management issues. 24.20.010Economic Development Element A. Purpose. The economic development element provides for the location and design of industries, industrial projects of statewide significance, transportation facilities, port facilities, tourist facilities, commerce and other developments that are particularly dependent on their location on or use of the shorelines of the state in accordance with RCW 90.58.100(2)(a). B. Economic Development Goal. It is a goal of the city to encourage port facilities, tourist facilities, mixed use, commercial and light industrial development in specific and limited shoreline areas which enhance the public's access to the shoreline. Water dependent, oriented and water enjoyment development are preferred in shoreline areas. The nature of this economic development should attract, and be open to, the general public and should not unduly interfere with the character of the shoreline area or with nearby shoreline and upland uses. C. Economic Development Policies. Mixed -use commercial and light industrial uses in the shoreline area should be permitted only where compatible with existing or planned shoreline and upland development, or where legal parcels of land can be aggregated to minimize the impacts from the mixed - use commercial or light industrial use. 2. Mixed -use commercial and light industrial uses should be permitted only where infrastructure, particularly the roadway system, is presently adequate or is made adequate to accommodate the demands generated by commercial or light industrial development. 3. New shoreline light industrial and commercial development should be limited to that which is classified as water -dependent, water -related, or water -enjoyment uses and non - water -oriented uses which are not accessory to a water -oriented use should be discouraged and/or prohibited. 4. Permitted mixed -use commercial and light industrial development in shoreline areas should enhance opportunity for the public to take advantage of shoreline amenities. Uses that support or enhance the opportunity for public access and compliment the cultural arts related to the shoreline should be encouraged. This might include uses wherein the public can view and enjoy the aesthetic qualities of the shoreline and vista beyond. Ecology Approved Shoreline Master Program Page 7 of 159 Packet Pg. 127 5.8.b 5. New development or redevelopment should avoid or mitigate additional loss of shoreline ecological functions. 6. Development should be discouraged in any critical area and only allowed where impacts to these areas can be mitigated. 7. In shoreline areas where large tracts of land can be aggregated, some degree of flexibility is appropriate to allow for innovative and planned site design within parameters established by the city. 8. Economic benefits derived from wildlife, marine and fish habitats, public access, recreational scuba diving and tourism should be recognized and retained. 9. Priority should be given to those mixed -use commercial or light industrial uses which are water -dependent. 10. The potential adverse effects of mixed -use commercial and light industrial development on other activities should be minimized through local performance standards. 11. The recreational opportunities along the shoreline should be developed as an economic asset in a manner that will enhance the public enjoyment of the shorelines and in -water - related activities. 12. Commercial activities in shoreline areas should be operated with minimum adverse impact on the quality of the environment of the shoreline and adjacent areas. 24.20.020Public Access Element A. Purpose The public access element provides for public access to publicly owned or privately owned shoreline areas where the public is granted a right of use or access in accordance with RCW 90.58.100(2)(b). B. Public Access Element Goal 1 It is a goal of the city to provide the maximum reasonable opportunity for the public to view and enjoy the amenities of the shoreline area from public viewpoints, while assuring that such access does not contribute to intrusions upon private property, nuisance, personal danger, or over -burdening of fragile natural resources. C. Public Access Policies 1 Ecology Approved Shoreline Master Program Page 8 of 159 Packet Pg. 128 5.8.b The city should use street ends and other publicly owned or controlled land within the shoreline area as a means of providing additional safe public access to shoreline areas. When these types of areas are developed, the city should also provide for some associated limited off-street parking or public transportation connection in order to minimize impacts to surrounding properties. 2. The city should develop signage, public information brochures and publications for distribution which identify all locations for public access to the shorelines, and underwater activities with information about each site location. 3. The city should maintain public shorelines, waterways and tidelands in public ownership for continued public access and use. 4. With principal access to tidelands existing at public beaches to the north and south, the city, where practicable, should acquire and develop safe convenient public access for pedestrian access and water access to and use of public tidelands and beaches. 5. Public pedestrian access for neighborhood use should be encouraged. 6. Public access afforded by shoreline street ends, public utilities and rights -of -way should be preserved, maintained and enhanced. D. Public Access Goal 2 Incorporate public access into new shoreline development and unify individual public access elements into an organized system. E. Public Access Policies 2 Public access will be considered in the review of all private and public developments (including land division) with the exception of one- and two-family dwelling units when necessary to mitigate significant environmental impacts or through provisions designed to exchange access rights for development bonuses. 2. Developments, uses and activities on or near the shoreline should not impair or detract from the public's access to the water. 3. Public access should be provided as close as possible to the water's edge without adversely affecting a sensitive environment and, if feasible, should be designed with provisions for disabled and physically impaired persons. 4. Public access should be designed to provide for public safety and to minimize potential impacts to private property and individual privacy. 5. Assure that public access improvement result in no net loss of shoreline ecological functions. Ecology Approved Shoreline Master Program Page 9 of 159 Packet Pg. 129 5.8.b 6. No public access shall be acquired through a taking without just compensation. 24.20.030Recreational Element A. Purpose The recreation element provide for the preservation and enlargement of recreational opportunities including but not limited to parks, tidelands, beaches, and recreational areas in accordance with RCW 90.58.100(2)(c). B. Recreational Goal It is the goal of the city to provide substantial recreational opportunities for the public in shoreline areas through the preservation and expansion of these opportunities through programs such as acquisition, development and maintenance. C. Recreational Policies The city should continue to acquire and develop park land within shoreline areas. The city should also, where feasible, develop street ends within the shoreline area to provide for public recreation. The nature and extent of recreational opportunities provided within the various lands in the shoreline area owned or controlled by the city depends on the nature of the area involved, the amenities and natural resources to be found in that area, the location of the area and the needs of the community. 2. When mitigation requirements or bonus programs permit, large or intensive private developments within the shoreline area should provide some public recreation amenities, in addition to public pedestrian access along the water's edge. 3. The city should consider both active and passive in -water, shoreline and upland recreational needs in development of recreational areas to meet local and regional needs. 4. The city should acquire, develop, expand and maintain public recreation facilities to meet public demand for recreation use and enjoyment of the water and shoreline. 5. Recreation facilities in the shoreline area should be restricted to those dependent upon a shoreline location, or those benefiting from a shoreline or in -water location that are in the public interest. 6. Public recreation facilities should be designed, developed, and maintained to respect the shoreline environment and minimize the degradation of the shoreline and its natural systems. Ecology Approved Shoreline Master Program Page 10 of 159 Packet Pg. 130 5.8.b 7. Public information and education programs, and attendant enforcement procedures, should be developed and implemented to help ensure that the public is aware of park regulations and private property rights, and to prevent the abuse of the shoreline and its natural ecological system. 8. Recreational boating facilities including waterway trails and trailheads, terminals, moorage, and service facilities should be provided for on publicly owned land. 9. Recreational boating facilities including waterway trails and trailheads, terminals, moorage, and service facilities should be allowed on private property, except in the Natural Environment. 24.20.040Circulation Element A. Purpose The circulation element provides for the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other public utilities and facilities in accordance with RCW 90.58.100(2)(d). B. Circulation Goal It is the goal of the city to provide for the safe and efficient movement of people, goods, and emergency services within the shoreline area while recognizing and enhancing the unique, fragile and scenic character of the shoreline area with minimum disruption to the shoreline environment and minimum conflict between different users. C. Circulation Policies 1. Railroad Avenue, Dayton Street, Main Street, Admiral Way, and Sunset Avenue, which provide access to and through the city's accessible downtown shoreline area, should be designed and regulated to safely accommodate the vehicular, bicycle and pedestrian traffic using these corridors, as well as to facilitate egress and ingress from adjacent properties and to enhance the scenic character and recreational use of this corridor, while recognizing that shoreline uses should have primary access to Railroad Avenue and Admiral Way. 2. Whenever practicable, safe pedestrian and bicycle movement on and off roadways in the shoreline area should be encouraged as a means of personal transportation and recreation. 3. Where new streets are needed to serve uses in the shoreline area, these streets should be the minimum size necessary to provide safe and efficient vehicular, pedestrian and bicycle access, including access for emergency vehicles, to the properties to be served. 4. Public waterborne transportation linked to public and private forms of ground transportation should be encouraged to minimize auto usage, and to eliminate barriers Ecology Approved Shoreline Master Program Page l l of 159 Packet Pg. 131 5.8.b between public waterborne transportation and ground transportation in conformance with the Americans with Disabilities Act. 5. All transportation planning should be coordinated to provide efficient use and transfer between modes while minimizing the adverse environmental impacts of such facilities. 6. Circulation and transportation systems should be located, designed and developed with respect to existing and/or planned rail, highway and ferry facilities. 7. Public transit systems should be linked to the urban waterfront. 8. Pedestrian walkways, trails and bicycle linkages should be provided between the historic downtown and the waterfront, including the train station and ferry terminal. 9. New or expanded non -water oriented transportation facilities should be located outside of shoreline jurisdiction whenever feasible. 24.20.050Shoreline Use Element A. Purpose The shoreline use element considers the proposed general distribution and general location and extent of the use on shorelines and adjacent land areas for housing, business, industry, transportation, agriculture, natural resources, recreation, education, public buildings and grounds, and other categories of public and private uses of the land in accordance with RCW 90.58.100(2)(d). B. Shoreline Use Goals The goals of the city are to: Allow for a diversity of uses within the shoreline area consistent with the dramatically different character of the various shorelines within the city, and to preserve and enhance the natural and aesthetic quality of important shoreline areas while allowing for reasonable development which meet the goals and policies of the Shoreline Management Act. 2. Provide performance and development standards for shoreline uses which achieve compatibility among activities. 3. Reserve shoreline and water areas particularly suited for specific and appropriate uses, especially water -oriented and water -dependent uses, for such uses whether they are existing or potential. Ecology Approved Shoreline Master Program Page 12 of 159 Packet Pg. 132 5.8.b 4. Establish and implement policies and regulations for shoreline use consistent with the Shoreline Management Act of 1971. These policies and regulations should insure that the overall land use patterns in shoreline areas are compatible with existing shoreline environment designations and will be sensitive to and not degrade habitat and ecological systems and other shoreline resources. 5. Ensure that proposed shoreline uses are distributed, located and developed in a manner that will maintain or improve the health, safety and welfare of the public. 6. Ensure that proposed shoreline uses do not minimize the rights of others or infringe upon the rights of private ownership. 7. Encourage restoration of shoreline areas that have been degraded or diminished in ecological value and functions as a result of past activities or catastrophic events. 8. Ensure that planning, zoning and other regulatory and non -regulatory programs governing lands adjacent to shoreline jurisdictions are consistent with SMA policies and regulations and the provisions of this SMP. 9. Encourage increased accessibility to the shoreline for a variety of users and activities. 10. Develop adaptive management strategies to increase capacity to respond to future possible impacts on the Edmonds shoreline from climate change in the Puget Sound region. 11. Ensure that residential development in the shoreline area is compatible with adjacent uses and minimizes impacts to shoreline processes and functions. 12. Ensure future shoreline development will achieve no net loss of ecological functions and values. C. Shoreline Use Policies 1. "Environmentally critical areas" are to be protected and regulated consistent with the city's environmental review and critical areas regulations contained in Chapters 20.15A and 23.40 through 23.90 ECDC, less the exceptions listed in ECDC 24.40.020.C. 2. New uses and developments in shoreline areas that have established desirable development patterns should be designed to be compatible with those areas; provided the existing uses are consistent with the Shoreline Management Act and the City's comprehensive plan and shoreline master program. 3. In shoreline areas without established development patterns and which are not unique or fragile, the city should allow for a wide range of development options consistent with the Edmonds Community Development Code within established limits to protect the public interest. Ecology Approved Shoreline Master Program Page 13 of 159 Packet Pg. 133 5.8.b 4. Over -water structures other than ferry terminal passenger shelters, docks, piers, walkways, breakwaters and other similar structures should be prohibited with the exception of minor appurtenant buildings, buoys, divers resting floats, and art sculpture. 5. Water -dependent uses should have priority over non -water -dependent uses in the shoreline area. Nonetheless, uses such as dry-docks, boat yards, and similar marine enterprises are incompatible with the character of the majority of the shoreline area and should be limited to specific designated areas. 6. Uses in shoreline areas should not degrade water quality and land disturbances (land covered by water and the land area adjacent to the ordinary high water mark) should be the minimum necessary. 7. The pattern and distribution of land and water uses should be controlled and encouraged in order to enhance the shoreline natural systems, protect against their damage, and provide for their public use and enjoyment. 8. Multiple uses of shorelines should be encouraged. Shoreline uses which allow large numbers of people to enjoy the marine environment should be given a higher priority than uses that lead to the usurpation of the limited urban waterfront by any single use activity. 9. Shoreline use should be compatible with its site, in harmony with adjacent uses, and consistent with long-range comprehensive planning for waterfront use. 10. Uses which adversely alter or degrade the defined shoreline "natural systems" should be prohibited. 11. The City of Edmonds shall stay abreast of scientific information regarding climate change and sea level rise and reevaluate the Shoreline Master Program development standards as soon as adequate scientific information is available. 12. The Edmonds Marsh study identified in the City of Edmonds Capital Improvement Plan is an important study for determining the potential impacts of climate change and sea level rise on the City of Edmonds and should be considered a high priority for completion. 13. All use and development should use low impact development (LID) techniques where appropriate and feasible. 14. The rehabilitation of "natural systems" (e.g., the improvement in water quality, removal of beach obstructions, etc.) should be encouraged. 15. Shoreline Use and Development Review. Ecology Approved Shoreline Master Program Page 14 of 159 Packet Pg. 134 5.8.b a. Shoreline use and development should be provided for through a process of review and analysis that gives priority to: i. The protection and enhancement of the shoreline natural system; ii. The provision for shoreline -dependent uses; iii. The provision for shoreline -oriented uses; and iv. The accommodation of necessary uses that are neither shoreline -dependent nor shoreline -oriented. b. The priority system will recognize, but not be limited to, the following systems and uses: i. Protect and enhance natural systems: A. Biological: 1. Critical areas for fish spawning, rearing, feeding, and migration, including beaches, marshland, aquatic vegetation and nearshore subtidal area; 2. Waterfowl and water associate bird nesting, resting, feeding and nursery areas; 3. Shellfish life — supporting areas; 4. Upland mammal breeding, rearing and feeding areas; 5. Upland plant growth areas (greenbelts, etc.); 6. aquatic (non -fish and non -shell fish) marine organisms life supporting areas; and 7. Other. B. Geological: I . Bluff and landslide areas; 2. Beaches and tidelands — shoals and coves; 3. Marshland and slough area; 4. Streams and ravines; 5. Below low water submerged lands — canyons, cliffs, rock reefs, sand or mud flat, etc.; and 6. Other. ii. Provide for shoreline -dependent uses, such as: A. Ferry and passenger terminals; B. Terminal and transfer facilities for marine commerce and industry; C. Marine and fresh water construction, dismantling and repair; D. Marinas — boats; E. Intakes and outfalls; F. Boat launch facilities; G. Shoreline recreation — including parks, bike and walking trails, beaches, etc. H. Water -related recreation — including scuba diving, waterway trail system, fishing and small craft boating; I. Marine and limnological research, interpretation and education; J. Piers and related facilities for the loading and unloading of petroleum products; and K. Other uses of like intensity and dependency. Ecology Approved Shoreline Master Program Page 15 of 159 Packet Pg. 135 5.8.b 24.20.060Conservation Element A. Purpose The shoreline conservation element provides for protection of natural resources, including but not limited to scenic vistas, aesthetics, and vital estuarine areas for fisheries and wildlife protection in accordance with RCW 90.58.100(2)(f). B. Conservation Goal It is the goal of the city to preserve, protect, and enhance unique and fragile areas of flora and fauna and scenic vistas to help assure the continued availability of these resources for future generations and to protect the ecological functions of the shoreline to ensure no net loss of functions. This element is concerned with the preservation of the natural shoreline resources, considering such characteristics as scenic vistas, linear park systems, waterway trail systems, estuarine areas for fish and wildlife protection, critical habitat, beaches and other valuable natural or aesthetic features. Assure preservation of the unique, fragile and scenic shoreline resources by carefully preserving the non-renewable resources and managing for the continued utilization of renewable resources. C. Conservation Policies 1. The City should work to maintain environmentally sensitive and critical areas for present and future generations, such as the Edmonds Marsh, the historically contiguous wetland east of SR-104, the Edmonds Underwater Park and the shoreline sanctuary. 2. Development in shoreline areas should be managed so that any adverse impacts on aquatic and land plants and animals are avoided or mitigated to result in no net loss of ecological function. 3. Where practicable, steps should be taken to enhance the shoreline area as a spawning ground for salmon, forage fish, and other species of fish and aquatic marine life. 4. Irreplaceable shoreline resources should be preserved for their intrinsic value and continued public enjoyment. 5. Beneficial use of shoreline resources should be provided for while respecting the natural shoreline environment. 6. Where practicable, restoration of damaged shoreline features and systems should be encouraged. 7. Limited improvements in public recreation areas should be permitted where such improvements would enhance public access to and public education and understanding of Ecology Approved Shoreline Master Program Page 16 of 159 Packet Pg. 136 5.8.b the value of the shoreline resource (an example of which is the Edmonds Underwater Park). 8. Provide for the preservation of the natural shoreline resources through the protection of existing and the designation of potential public recreational areas. 9. Provide for the preservation of the natural shoreline resources through the continuation and expansion of interpretive and environmental education programs, and public outreach and involvement in stewardship. 10. The city, where practicable, should acquire key shoreline parcels that become available; such parcels are those integral to necessary expansion of existing prime beach areas. 24.20.070Historic, Cultural, Scientific and Educational Element A. Purpose The historic, cultural, scientific and educational element provides for the protection and restoration of buildings, sites, and areas having historic, cultural, scientific, or educational values in accordance with RCW 90.58.100(2)(g). B. Historic, Cultural, Scientific and Educational Goal Identify, protect, preserve and restore important archaeological, historical, art and cultural sites located within the shoreline jurisdiction area for educational and scientific uses and enjoyment of the natural amenities by the general public. C. Historic, Cultural, Scientific and Educational Policies 1. Wherever practicable, shoreline development should recognize the former and current use of much of the city's shoreline area for such uses as boatyards, railroads, ferry landings, logging, and industrial sites, and recognize the earlier uses of the shoreline by Native American cultures. 2. The large, relatively undisturbed area known as the Edmonds Marsh should be preserved for, among other reasons, its educational and scientific value as well as its role in stormwater management. 3. Educational projects and programs including signage should be encouraged that foster a greater appreciation of the importance of shoreline management, maritime activities, environmental conservation, cultural and maritime history. 4. The city should develop signage and informational programs which identify and explain unique scenic and cultural opportunities. Ecology Approved Shoreline Master Program Page 17 of 159 Packet Pg. 137 5.8.b 5. Important archaeological, historical and cultural sites located within the shoreline jurisdiction area should be identified, protected, preserved or restored for educational and scientific uses and enjoyment of the natural amenities by the general public. 6. Historical/cultural sites should be acquired through purchase or gift, so as to insure their protection and preservation. 7. Where practicable, buildings, sites and areas having historic, cultural, educational, or scientific value to the community should be protected and restored. 8. Where practicable, all buildings, sites, and areas which are placed on the State or Federal Historic Register should be preserved, protected and restored. 9. Where practicable, significant archeological features and data should be protected for scientific study and public observation. 24.20.080Flood Damage Prevention Element A. Purpose The flood damage prevention element provides for protection against flood damage and the preservation and restoration of ecosystem wide ecological functions in accordance with RCW 9038.100. B. Flood Damage Prevention Element Goal It is a goal of the city to reduce the likelihood of flood damage by locating development away from flood -prone areas and by protecting and restoring shoreline ecological functions and ecosystem -wide processes. C. Flood Damage Prevention Policies Structural flood control devices should be allowed only after it is demonstrated that nonstructural solutions are not feasible to reduce the hazard. 2. Participate in watershed -wide programs to reduce flood hazards and improve the shoreline ecology. 3. Discourage new development in shoreline areas that are reasonably likely to be harmed by flood conditions, or which would create or intensify flood hazard impacts on other properties. 4. Ensure that flood hazard reduction measures do not result in a net loss of ecological functions in shoreline areas. Ecology Approved Shoreline Master Program Page 18 of 159 Packet Pg. 138 5.8.b 24.20.090 Views and Aesthetics Element A. Purpose The views and aesthetics element provides for preservation and/or protection of public scenic vistas, public views of the water, and other aesthetic qualities of shorelines for enjoyment by the general public. B. Views and Aesthetics Goal It is the goal of the city to assure that the public's ability and opportunity to enjoy shoreline views and aesthetics is protected. C. Views and Aesthetics Policies 1. The scenic and aesthetic qualities of shorelines and public vistas should be preserved through development standards. 2. Public views from the shoreline upland areas should be enhanced and preserved. Enhancement of views should not be construed to mean excessive removal of vegetation which partially impairs views. 3. Public visual access should be maintained, enhanced and preserved on shoreline street ends, public utilities and rights -of -way and within public "view corridors" as designated by the city. 24.20.100Urban Design Element A. Purpose The urban design element provides for the development between the shoreline and adjacent areas in manner that provides linkages that will enhance the beauty and visual identity of Edmonds. B. Urban Design Goal It is a goal of the city to encourage development within the shoreline area that is visually coherent, provides visual and physical linkage to the shoreline, enhances the waterfront, and is consistent with the Streetscape Plan. C. Urban Design Policies. The shoreline area within and south of the north boundary of the Brackett's Landing North Park, to the south city limits (generally the urban mixed -use shoreline environment) is one of the most scenic areas of the city. It also, to a large extent, Ecology Approved Shoreline Master Program Page 19 of 159 Packet Pg. 139 5.8.b establishes the visual identity of Edmonds. As such, both public and private development in these areas should be controlled and regulated to provide an urban environment which preserves or enhances the opportunity for the public to enjoy the scenic quality of the shoreline. 2. Projects should be encouraged to provide "street furniture," public art, related interpretative signage, landscaping and other amenities within or adjacent to the right-of- way of Railroad Avenue and Admiral Way to complement a pedestrian promenade along the shoreline consistent with the streetscape plan. 3. Where possible, the owner of uplands abutting pedestrian waterfront activities should be encouraged to incorporate public art elements, public art and cultural amenities that promote aesthetic considerations consistent with the City of Edmonds Arts Commission goals. 4. New and remodeled developments should provide public view corridors adjacent to either the north or south property line to enhance public visual access to the Puget Sound and to provide for a visual link between the downtown and its waterfront roots. The location of the view corridor should be coordinated with the development of adjacent properties in order to maximize public visual access to the Puget Sound. Properties with significant frontage on the shoreline should consider providing view corridors in multiple locations so as to maximize public visual access to the shoreline. In the application of design standards, the preservation of public views shall be given priority over landscaping and fencing requirements. 5. Projects should minimize the amount of vehicular parking in the Urban Mixed -Use I and II shoreline environments through use of joint use parking agreements (where permitted), and by locating employee parking off -site and outside the Urban Mixed -Use I and II shoreline environments. 6. Projects should be designed to locate vehicular parking away from the shoreline, bulkhead, or areas of pedestrian circulation. 7. Developments should provide conveniently situated bicycle parking on site. 8. Projects should be designed to minimize impacts to existing shoreline ecological functions. 24.20.110Restoration Element A. Purpose The restoration element provides for the timely restoration and enhancement of ecologically impaired areas within available economic resources in a manner that achieves a net gain in Ecology Approved Shoreline Master Program Page 20 of 159 Packet Pg. 140 5.8.b shoreline ecological functions and processes above baseline conditions as of the adoption of the city's shoreline master programs. B. Restoration Goal It is the goal of the city to improve water quality, restore degraded and lost habitat corridors, and improve connectivity of the shoreline environments though voluntary and incentive - based public and private programs and actions consistent with the City of Edmonds Shoreline Master Program Restoration Plan. C. Restoration Policies 1. Protect and/or restore freshwater, nearshore, and estuarine habitat and habitat -forming processes. 2. Protect and restore wetland and restore salt marsh habitat to improve shoreline ecological functions. 3. Remove intertidal fill; restore beach deposits and processes and ecological functions. 4. Remove/replace creosote -treated logs, pilings, and debris. 5. Increase availability of large woody debris and opportunities for recruitment in the nearshore zone. 6. Protect and restore native species of vegetation, fish, and wildlife. 7. Remove or improve fish- and wildlife -passage barriers. 8. Manage and treat stormwater to improve water quality, decrease peak flow events, and increase implementation of low impact development (LID) practices. 9. Protect naturally eroding bluffs and associated ecological functions. 10. Protect and restore wildlife corridors. 11. Ensure that shoreline restoration projects do not degrade critical areas and water quality. 12. Establish incentives that could provide opportunities for new development to restore impaired shoreline ecological functions. 13. Work with the Burlington Northern Santa Fe Railway to encourage nearshore restoration projects on the railroad right-of-way. Ecology Approved Shoreline Master Program Page 21 of 159 Packet Pg. 141 5.8.b Part III.Shoreline Environments 24.30.O001ntroduction Local governments are required, under the Washington State Shoreline Management Act of 1971 through WAC 173-26, to develop and assign a land use categorization system of shoreline areas as a basis for effective Shoreline Master Programs. The intent of designating shoreline environment is to encourage development that will enhance the present or desired character of the shoreline. To accomplish this, segments of shoreline are given an environment designation based on existing development patterns, natural capabilities and limitations, and the aspiration of the local community. 24.30.010 Adoption Criteria Shoreline Designations have been determined after consideration of: A. The ecological functions and processes that characterize the shoreline, together with the degree of human alteration; and B. Existing development patterns together with ECDC Title 16 Zoning designations, the City Comprehensive Plan designations and other officially adopted plans; and C. The goals of the City of Edmonds citizens for their shorelines; and D. Other state policies in the Act and the Shoreline Master Program Guidelines (RCW 90.58.020 and WAC 173-26, respectively). 24.30.020Shoreline Jurisdiction and Environments Designation Maps A. The location and extent of areas under the jurisdiction of the Master Program, and the boundaries of the various shoreline environments affecting the lands and waters of the City are shown in Appendix A of this Master Program. (ECDC 24.100.000) B. The purpose of the official shoreline maps in Appendix A is to identify Shoreline area designations. The map does not necessarily identify or depict the lateral extent of shoreline jurisdiction. Where uncertainty or conflict may occur in the exact location of jurisdictional or shoreline designation boundary line, the shoreline Administrator shall rely up the criteria contained in RCW 90.58.030(2) and chapter 173-22 WAC pertaining to determinations of shorelands, as amended, rather that the incorrect or outdated map. C. In the event that new shoreline areas are discovered (e.g. associated wetlands) that are not mapped and/designated on the official shoreline map, these areas will be designated in the following manner. Ecology Approved Shoreline Master Program Page 22 of 159 Packet Pg. 142 5.8.b If a newly discovered shoreline area is adjacent to a single shoreline area environment, then the newly discovered shoreline area will be assigned the same shoreline designation as the adjacent shoreline area. 2. If a newly discovered shoreline area abuts more than one shoreline area environment, the shoreline area environment that is most restrictive shall be assigned to the newly discovered shoreline area. 24.30.030Aquatic Environment A. Purpose The purpose of the aquatic low -intensity environment (Aquatic I) is to protect, restore, and manage the unique characteristics and resources of the areas waterward of the ordinary high water mark. The purpose of the aquatic high -intensity environment (Aquatic II) is to protect the unique characteristics and resources of the aquatic environment by managing water -dependent use activities to prioritize preservation and restoration of natural resources, navigation, recreation, and commerce, and by assuring compatibility between shoreland and aquatic uses. B. Classification Criteria I . General. These are lands waterward of the ordinary high water mark for both saltwater and freshwater bodies of water, including any submerged or inter -tidal areas. The Aquatic I and II environment designations include the water surface together with the underlying lands and the water column. Information from the shoreline inventory and characterization report was used in conjunction with the comprehensive plan and zoning information to determine the appropriate environment designation. 2. Aquatic I (Low Intensity). These areas are mostly characterized by aquatic ecosystems that have been modified by the Burlington Northern Santa Fe railroad bed fill that covers the intertidal and transitional upland zones along the beach. The beach has been altered by seawalls or large -rock riprap. These shoreline areas generally exhibit low -intensity development and few over -water structures. In freshwater areas, there may be a significant number of docks and piers serving residential areas. 3. Aquatic II (High Intensity). These areas are more intensely developed areas with water - dependent uses. The marine nearshore has been significantly modified by commercial waterfront development, including the Port of Edmonds Marina and the Washington State Ferries pier. Ecology Approved Shoreline Master Program Page 23 of 159 Packet Pg. 143 5.8.b C. Area Designated Aquatic I (Low Intensity): Applicable to all marine aquatic environments waterward of the ordinary high water mark between the southern boundary of the City and the old Union Oil dock, between the northern edge of the Edmonds fishing pier and the southern edge of the Main Street ferry terminal, between the northern edge of the Main Street ferry terminal and the northern boundary of the City, and Lake Ballinger. 2. Aquatic II (High Intensity): Applicable to those marine aquatic environments waterward of the ordinary high water mark between the old Union Oil dock and the northern edge of the Edmonds fishing pier, and between the southern and northern edges of the Main Street ferry terminal. D. Management Policies New over -water structures should be limited and allowed only for water -dependent uses, public access, or ecological restoration. 2. The size of new over -water structures should be limited to the minimum necessary to support a structure's intended use. 3. Uses and activities within the Aquatic I and II environments should be compatible with the adjoining shoreline environments. 4. In order to reduce the impacts of shoreline development and increase effective use of water resources, multiple uses of over -water facilities should be encouraged, provided that use conflicts can be avoided. 5. All developments and uses on navigable waters or their beds should be located and designed to minimize interference with surface navigation and moorage. 6. Uses and activities within Aquatic I shoreline environments should be limited to public access, boat moorage, and necessary utility and transportation facilities. 7. All developments and uses should consider impacts to public views. 8. All developments and uses should allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration. 9. Restoration opportunities associated with project impacts should be encouraged in the aquatic environment. 10. Uses that adversely impact the ecological functions of critical saltwater and freshwater habitats should not be allowed except where necessary to achieve the objectives of RCW 90.58.020, and then only when their impacts are mitigated according to the sequence Ecology Approved Shoreline Master Program Page 24 of 159 Packet Pg. 144 5.8.b described in WAC 173-26-201(2)(e) necessary to achieve no net loss of ecological functions. 11. Dredging and dredge material disposal should be limited to the minimum amount necessary. Dredging operations should minimize impacts to other shoreline uses and functions. 12. Filling should be avoided if practicable and limited to the minimum amount necessary Filling operations should minimize impacts to other shoreline uses and functions. 13. Ensure that piers and docks are compatible with the shoreline area where they are located and are designed and maintained to minimize adverse impacts to the environment. 14. Ensure that marinas are located, designed, constructed, and operated in a manner that will minimize damage to shoreline processes and functions, be compatible with adjacent uses, and protect the aesthetic qualities of the shoreline environment. 15. All developments and uses on navigable waters should be located and designed to minimize interference to navigation. 24.30.040Natural Environment A. Purpose The purpose of the Natural environment designation is to protect those shoreline areas that are relatively free of human influence or that include intact or minimally degraded shoreline functions intolerant of human use. These systems require that only very low -intensity uses be allowed in order to maintain the ecological functions and ecosystem -wide processes. B. Designation Criteria A Natural designation should be considered for shoreline areas if any of the following criteria apply: 1. The shoreline is ecologically intact and therefore currently performing an important, irreplaceable function or ecosystem -wide process that would be damaged by human activity; 2. The shoreline is considered to represent ecosystems and geologic types that are of particular scientific and educational interest; or 3. The shoreline is unable to support new development or uses without significant adverse impacts to ecological functions or risk to human safety; Ecology Approved Shoreline Master Program Page 25 of 159 Packet Pg. 145 5.8.b Such shoreline areas include largely undisturbed portions of shoreline areas such as wetlands, estuaries, unstable bluffs, coastal dunes, spits, and ecologically intact shoreline habitats. Ecologically intact shorelines, as used here, means those shoreline areas that retain the majority of their natural shoreline functions, as evidenced by the shoreline configuration and the presence of native vegetation. Generally, but not necessarily, ecologically intact shorelines are free of shoreline structural modifications, structures, and intensive human uses In forested areas, they generally include native vegetation with diverse plant communities, multiple canopy layers, and the presence of large woody debris available for recruitment to adjacent water bodies. Recognizing that there is a continuum of ecological conditions ranging from near natural conditions to totally degraded and contaminated sites, this term is intended to delineate those shoreline areas that provide valuable functions for the larger aquatic and terrestrial environments which could be lost or significantly reduced by human development. Whether or not a shoreline is ecologically intact is determined on a case -by - case basis. The term "ecologically intact shorelines" applies to all shoreline areas meeting the above criteria ranging from larger reaches that may include multiple properties to small areas located within a single property. C. Area Designated The Natural Designation includes all natural diverse wetland and riparian habitat areas within shoreline management jurisdiction. These include, but are not limited to: The Edmonds Marsh and the historically contiguous wetland to the east of State Route 104. 2. The Shell Creek wetland and lower riparian zone, and the wetlands which are now isolated on the east side of the railroad tracks, which are partially or entirely within 200 feet of the ordinary high water mark of Puget Sound. D. Management Policies 1. Any use that would substantially degrade the ecological functions or natural character of the Natural shoreline area should not be allowed. 2. The following new uses should not be allowed in areas designated Natural: a. Residential b. Commercial uses, c. Industrial uses, d. Non -water -oriented recreation, Ecology Approved Shoreline Master Program Page 26 of 159 Packet Pg. 146 5.8.b e. Roads, utility corridors, and parking areas that can be located outside Natural - designated shorelines. 3. Scientific, historical, cultural, educational research uses, and low -intensity, water - oriented recreational access uses may be allowed, provided that no significant ecological impact on the area will result. 4. New development or significant vegetation removal that would reduce the capability of vegetation to perform normal ecological functions should not be allowed. Subdivision of property in a configuration that would, to achieve its intended purpose, require significant vegetation removal or shoreline modification that adversely impacts ecological functions should not be allowed. 5. Critical areas within shorelines designated as Natural should be protected pursuant to the Edmonds Critical Areas Ordinance, less the exceptions listed in ECDC 24.40.020.C. 6. Restoration opportunities should be encouraged in areas with a Natural designation. 24.30.050 Urban Conservancy Environment A. Purpose The purpose of the Conservancy designation is to protect and restore ecological functions of open space, floodplains, and other sensitive lands where they exist in urban and developed settings, while allowing a variety of compatible uses. B. Designation Criteria The Urban Conservancy environment is applied to shoreline areas within the City where any of the following characteristics apply: 1. They are suitable for water -related or water -enjoyment uses; 2. They are open space, flood plain or other sensitive areas that should not be more intensively developed; 3. They have potential for ecological restoration; 4. The retain important ecological functions, even though partially developed; or 5. They have the potential for development that is compatible with ecological restoration. C. Area Designated Areas generally lying upland of the ordinary high water mark and in between the southern boundary of the City and the south side of the old Union Oil dock, the Willow Creek outlet Ecology Approved Shoreline Master Program Page 27 of 159 Packet Pg. 147 5.8.b of the Edmonds Marsh, between the southern edge of the area known as Brackett's Landing South and the southern edge of the Main Street ferry terminal, and from the northern edge of the Main Street ferry terminal to the northern boundary of the area known as Brackett's Landing North, including the spit, and to the east as far as the Burlington Northern Santa Fe railroad right-of-way. D. Management Policies 1. Uses that preserve the natural character of the area or promote preservation of open space or sensitive lands either directly or over the long term should be the primary allowed uses in Conservancy areas. 2. Uses that result in restoration of ecological functions should be allowed if the use is otherwise compatible with the purpose of the Conservancy designation and the setting. 3. Public access and public recreation objectives should be implemented in Conservancy areas whenever feasible. 4. Water -oriented uses should be given priority over non -water -oriented uses. For shoreline areas adjacent to commercially navigable waters, water -dependent uses should be given highest priority. 5. New development should be designed and located to preclude the need for shoreline armoring, vegetation removal, flood control, and other shoreline modifications. 6. Restoration opportunities should be encouraged in Conservancy areas. 7. Standards should be established for shoreline stabilization measures, vegetation conservation, water quality, and shoreline modifications within Conservancy areas. These standards shall ensure that new development does not result in a net loss of shoreline ecological functions or further degrade other shoreline values. 24.30.060Shoreline Residential A. Purpose The purpose of the shoreline residential environment is to accommodate residential development and appurtenant structures that are consistent with this chapter. An additional purpose is to provide appropriate public access and recreational uses. B. Designation Criteria General. These are areas typified by residential development in areas where topography, transportation systems, and development patterns make it extremely unlikely that more intensive use would be appropriate. Ecology Approved Shoreline Master Program Page 28 of 159 Packet Pg. 148 5.8.b 2. Shoreline Residential I: This designation is appropriate for shoreline areas with larger -lot residential development along the marine shoreline. 3. Shoreline Residential II: This designation is appropriate for shoreline areas with smaller - lot residential development along the marine shoreline. 4. Shoreline Residential III: Designation for single-family residential development adjacent to freshwater (e.g., Lake Ballinger). C. Area Designated 1. General. A shoreline residential environment designation has been assigned to shoreline areas that are predominantly single-family or multifamily residential development or are planned and platted for residential development. There are three levels of shoreline residential environment designations corresponding to the Edmonds zoning and comprehensive plan designations. The areas which are appropriate for this classification are as follows: 2. Shoreline Residential I: The upland area adjacent to the eastern boundary of the Urban Railroad environment designation which is zoned RS-12 and RS-20. 3. Shoreline Residential II: The upland area adjacent to the eastern boundary of the Urban Railroad environment designation which is zoned RS-6. 4. Shoreline Residential III: The upland area adjacent to the shoreline of Lake Ballinger which is zoned RSW-12. D. Management Policies 1. Multi -lot residential and recreational developments should provide public access and joint use for community recreational facilities when consistent with statutory and constitutional limitations on development exactions. 2. Commercial development within the shoreline residential environment should be limited to water -oriented uses. Commercial development does not include lawful home occupations. 3. Structurally engineered shoreline modifications and stabilization should be prohibited except in cases of emergency as defined. 4. Steep slopes shall be protected per the requirements of ECDC 23.80, the building code, and this SMP. 5. Any new development or redevelopment should utilize low impact development techniques where feasible and appropriate. Ecology Approved Shoreline Master Program Page 29 of 159 Packet Pg. 149 5.8.b 6. Standards for density or minimum frontage width, setbacks, lot coverage limitations, buffers, shoreline stabilization, vegetation conservation, critical area protection, and water quality shall be set to assure no net loss of shoreline ecological functions, taking into account the environmental limitations and sensitivity of the shoreline area, the level of infrastructure and services available, and other comprehensive planning considerations. 7. Access, utilities, and public services should be available and adequate to serve existing needs and/or planned future development. 24.30.070Urban Mixed Use A. Purpose The purpose of the urban mixed -use environment is to provide for high -intensity, water - oriented commercial, transportation, and industrial uses while protecting existing ecological functions and restoring ecological functions in areas that have been previously degraded. B. Designation Criteria General. These areas have been intensely developed with a mix of commercial uses, port facilities, multimodal transit facilities, railroad facilities, and limited light industrial uses. Two very distinct areas make up the three Urban Mixed -Use environments. The Edmonds waterfront area west of the railroad tracks which has the ability to provide direct access to the navigable waters of the Puget Sound and the near waterfront area east of the railroad tracks with no direct access to Puget Sound. A policy of the Shoreline Management Act is to plan for and foster all reasonable and appropriate uses and the shoreline master program rules generally prohibit nonwater-oriented development unless navigability is severely limited. Given these two distinct areas, the Urban Mixed -Use environments west of the railroad tracks is appropriate for water -oriented development, while the area east of the railroad tracks may be appropriate for nonwater-oriented development given its separation from Puget Sound. The environmental differences between the Urban Mixed -Use environments are further emphasized by the City of Edmonds Comprehensive Plan designation and zoning applied to these areas. West of the railroad tracks the comprehensive plan designation and zoning encourage water -oriented type development and uses, while east of the railroad tracks the comprehensive plan designation and zoning encourage mixed -use type development, including mixed commercial -residential development. 2. Urban Mixed -Use I: This designation is appropriate to water -related and water - enjoyment commercial and recreational uses. Ecology Approved Shoreline Master Program Page 30 of 159 Packet Pg. 150 5.8.b 3. Urban Mixed -Use II: This designation is assigned to areas that are suitable and planned for high -intensity, water -dependent uses related to commerce, transportation, and recreation. 4. Urban Mixed -Use III: The designation is appropriate for those areas that have been intensely developed and that have no direct access to navigable waters. This designation is assigned to areas that are suitable and planned for mixed -use development including high -intensity, commerce, transportation, recreation and residential development. 5. Urban Mixed -Use IV: The Urban Mixed -Use IV designation is appropriate for those areas borderingthe Edmonds Marsh. The marsh was identified as a shoreline of the state late in the planning process with properties within 200-feet of the salt influenced portions of the marsh now under shoreline jurisdiction (where they had not previously been so designated). The south side of the marsh has been identified as the future site of the Edmonds Crossing Ferry Terminal which underwent significant environment review with a Final Environmental Impact Statement issued in 2004. On the north side of the Marsh is the Harbor Square commercial development owned by the Port of Edmonds. The Edmonds Marsh is also being studied for potential restoration projects including the daylighting of the Willow Creek outlet as well as the marshes role in the flooding problem at the Dayton Street/State Route 104 intersection and the role the marsh and play in a solution to the flooding problem. C. Area Designated 1. Urban Mixed -Use I: The upland area above ordinary high water north of the northern border of the Edmonds fishing pier to the southern edge of the area known as Brackett's Landing South. This area would include the waterfront commercial area. 2. Urban Mixed -Use II: The upland area above ordinary high water between the old Union Oil dock and the northern border of the Edmonds fishing pier and between the southern and northern edges of the Main Street ferry terminal. This area would include the Edmonds Marina and associated facilities, as well as the Main Street ferry terminal. 3. Urban Mixed -Use III: The six parcels near the existing ferry terminal bounded by the railroad right-of-way to the west, Main Street, Sunset Avenue North, Bell Street. 4. Urban Mixed -Use IV: The upland areas beyond the tidally influenced portions of Edmonds Marsh including portions of Harbor Square on the north side of the marsh and portions of the former UNOCAL oil storage facility on the south side of the marsh. D. Management Policies Ecology Approved Shoreline Master Program Page 31 of 159 Packet Pg. 151 5.8.b 1. In regulating uses in the Urban Mixed -Use environments, first priority should be given to water dependent uses. Second priority should be given to water -related and water - enjoyment uses. Non -water oriented uses may be allowed as part of mixed use developments. Non -water oriented uses may also be allowed in limited situations where they do not conflict with or limit opportunities for water oriented uses or on sites where there is no direct access to the shoreline. 2. Full utilization of existing urban areas should be achieved before further expansion of intensive development is allowed. 3. Reasonable long-range projections of regional economic need should guide the amount of shoreline designated Urban Mixed -Use However, consideration should be given to the potential for displacement of non -water -oriented uses with water -oriented uses when analyzing full utilization of urban waterfronts and before considering expansion of such areas. 4. Where feasible, visual and physical public access should be provided. 5. Aesthetic objectives should be implemented by means such as sign control regulations, appropriate development siting, screening and architectural standards, and maintenance of natural vegetative buffers. 6. Any new development or redevelopment should utilize low impact development techniques where feasible and appropriate. 7. Any new development shall include environmental cleanup, restoration of shoreline or other development techniques where feasible and appropriate to assure no net loss of shoreline ecological functions, and shall comply with any relevant state and federal law. 24.30.080Urban Railroad A. Purpose The purpose of the Urban Railroad environment designation is to identify the 100-foot right- of-way for the Burlington Northern Santa Fe railroad along the Edmonds shoreline. This designation will provide for high -intensity transportation uses while protecting ecological functions. B. Designation Criteria This area has been historically developed and used as a dedicated railroad right-of-way and contains limited improvements which are designed to aid in the transportation of goods and passengers by rail. This shoreline environment area generally contains very few areas of undisturbed natural shoreline. Ecology Approved Shoreline Master Program Page 32 of 159 Packet Pg. 152 5.8.b With the exceptions of Lund's Creek estuary, Edmonds Underwater Park, Brackett's landing and part of Marina Beach Park, the entire Edmonds shoreline (more than 90 percent) is armored by the BNSF railroad bed and bulkheads. Most of the BNSF rail bed along the Edmonds shoreline consists of an armored berm with two sets of parallel tracks on top, comprising a top width of at least 24 feet or more and a wider base width. The waterward side of the berm is typically armored with large rock or granite blocks, placed vertically or on a 2:1 slope. C. Area Designated The area is defined as that area within the Burlington Northern Santa Fe Railway right-of- way as established on the date of the adoption of this master program, from the northern right-of-way line of Main Street to the northern city limits, and from the southern city limits north approximately 300 feet. D. Management Policies 1. Restoration opportunities associated with project impacts should be encouraged in areas designated Urban Railroad. 2. Aesthetic objectives should be implemented by means such as sign control regulations, appropriate development siting, screening and architectural standards, and maintenance of natural vegetative buffers. Part IVGeneral Policies & Regulations 24.40.00OApplicability The provisions of this chapter shall be applied either generally to all shoreline areas or to shoreline areas that meet the specified criteria of the provision without regard to environment designation. 24.40.O10Archaeological and Historic Resources A. Applicability. The following provision apply to archaeological and historic resources whose presence are either recorded at the State Historic Preservation Office and/or by the City of Edmonds or such resources that are uncovered during development activities. Archaeological sites located both in and outside shoreline jurisdiction are subject to chapter 27.44 RCW (Indian graves and records) and chapter 27.53 RCW (Archaeological sites and records) and development or uses that may impact such sites shall comply with chapter 25-48 WAC as well as the provisions of this section. B. Regulations: Ecology Approved Shoreline Master Program Page 33 of 159 Packet Pg. 153 5.8.b 1. Where practicable, consistent with constitutional and statutory limitations, public or private developments shall be prevented from destroying or destructively altering potential or recognizable sites having historic, cultural, scientific, or educational value as identified by appropriate authorities. 2. The city may require that a site be redesigned or that development be postponed for a definite or indefinite period if this is reasonably necessary to protect a historic site or items of historic, archeological or cultural significance 3. Upon receipt of application for a shoreline permit or request for a statement of exemption for development on properties with 500 feet of a site known to contain an historic, cultural or archaeological resource(s), the City shall require a cultural resource site assessment; provided that, this requirement may be waived if the Administrator determines that the proposed development activities do not include any ground disturbing activities and will not impact a known historic cultural or archaeological site. The site assessment shall be conducted by a professional archaeologist or historic preservation professional, as applicable, to determine the presence of significant historic or archaeological resources. The fee for the services of the professional archaeologist or historic preservation professional shall be paid by the landowner or responsible party. 4. Whenever historic, cultural or archaeological sites or artifacts are discovered in the process of development on shorelines, work on that portion of the development site shall be stopped immediately, the site secured and the find reported as soon as a possible to the Administrator. Upon notification of such find, the property owner shall notify the Washington State Department of Archaeology and Historic Preservation and appropriate Native American Tribes. In such cases, the developer shall allow site inspection and evaluation by a professional archaeologist and tribal representative to ensure that all possible valuable archaeological data are properly salvaged. Work should not resume until approval is obtained from the Shoreline Administrator. 24.40.020Critical Areas A. Applicability. Critical areas include the following areas and ecosystems: wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas. B. The City of Edmonds Critical Area Ordinance, as codified in Chapters 23.40 through 23.90 ECDC (dated May 3, 2016, Or. 4026), are herein adopted as a part of this Program, except for the specific subsections list below in ECDC 24.40.020.D. All references to the City of Edmonds Critical Area Ordinance in this Program are for this specific version. As a result of this incorporation of the Edmonds Critical Area Ordinance, the provisions of Chapters 23.40 through 23.90 ECDC, less the exceptions listed in ECDC 24.40.020.D, shall apply to any use, alteration or development within shoreline jurisdiction whether or not a shoreline permit or written statement of exemption is required. In addition to the critical area regulations in Chapters 23.40 through 23.90 ECDC (Appendix B) of this Master Program), the regulations identified in this section also apply to critical areas within shoreline Ecology Approved Shoreline Master Program Page 34 of 159 Packet Pg. 154 5.8.b jurisdiction. Where there are conflicts between the City of Edmonds Critical Area Ordinance and this Shoreline Master Program, provisions of the Shoreline Master Program shall prevail. C. Exceptions. The specific provisions of the Critical Area Ordinance listed below shall not apply to development within shoreline jurisdiction. 1. General Provisions: a. ECDC 23.40.130.D: Monitoring Program b. ECDC 23.40.210: Variance 2. Wetlands: a. ECDC 23.50.010.B: Wetland Ratings b. ECDC 23.50.040.F.1: Standard Buffer Widths c. ECDC 23.50.040.F.2: Required Measures to Minimize Impacts to Wetlands d. ECDC 23.50.040.K: Small, Hydrologically Isolated Wetlands 3. Geologically Hazardous Areas: a. ECDC 23.80.040.B.1 & .2: Allowed activities in geologically hazardous areas D. Development limitations. 1. All uses, modifications and activities on sites containing marine shorelines, environmentally sensitive areas and/or critical areas must comply with all applicable local, state, and federal laws pertaining to development in these areas unless in conflict with the provisions of this Master Program. 2. The site must be specifically designed so that hazards from or impact on the environmentally sensitive area and/or critical areas will be mitigated. 3. Mitigation sequencing. In order to comply with ECDC 24.40.020.E.2 above, a shoreline permit applicant or project proponent shall demonstrate all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not have significant adverse impacts. Mitigation shall occur in the following prioritized order: a. Avoiding the impact altogether by not taking a certain action or parts of an action. Ecology Approved Shoreline Master Program Page 35 of 159 Packet Pg. 155 5.8.b b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps, such as project redesign, relocation, or timing to avoid or reduce impacts. c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project. d. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action. e. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments. 4. Monitoring Program. Mitigation plans shall include a program for monitoring construction and for assessing a completed project. A protocol shall be included outlining the schedule for site monitoring (for example, monitoring shall occur in years 1, 2, 3, 5, 7, and 10 after site construction), and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than ten years. 5. Long-term Protection of Mitigation Sites. The City shall require documentation that a mitigation site has been permanently preserved from future development or alteration that would be inconsistent with the functions of the mitigation. The documentation may include, but is not limited to, a conservation easement, deed restriction or other agreement between the applicant and the owner of a mitigation site. Such documentation shall be recorded with the Snohomish County auditor. E. Wetlands. Wetlands are those areas, designated in accordance with WAC 173-22-035 that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. 1. Wetlands shall be rated according to the Washington Department of Ecology wetland rating system, as set forth in the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication #14-06-029, or as revised and approved by Ecology), which contains the definitions and methods for determining whether the criteria below are met: Ecology Approved Shoreline Master Program Page 36 of 159 Packet Pg. 156 5.8.b a. Category I. Category I wetlands are: (1) relatively undisturbed estuarine wetlands larger than 1 acre; (2) wetlands of high conservation value that are identified by scientists of the Washington Natural Heritage Program/DNR; (3) bogs; (4) mature and old -growth forested wetlands larger than 1 acre; (5) wetlands in coastal lagoons; (6) interdunal wetlands that score 8 or 9 habitat points and are larger than I acre; and (7) wetlands that perform many functions well (scoring 23 points or more). These wetlands: (1) represent unique or rare wetland types; (2) are more sensitive to disturbance than most wetlands; (3) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or (4) provide a high level of functions. b. Category II. Category II wetlands are: (1) estuarine wetlands smaller than 1 acre, or disturbed estuarine wetlands larger than 1 acre; (2) interdunal wetlands larger than 1 acre or those found in a mosaic of wetlands; or (3) wetlands with a moderately high level of functions (scoring between 20 and 22 points). Category III. Category III wetlands are: (1) wetlands with a moderate level of functions (scoring between 16 and 19 points); (2) can often be adequately replaced with a well -planned mitigation project; and (3) interdunal wetlands between 0.1 and 1 acre. Wetlands scoring between 16 and 19 points generally have been disturbed in some ways and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands. d. Category IV. Category IV wetlands have the lowest levels of functions (scoring fewer than 16 points) and are often heavily disturbed. These are wetlands that we should be able to replace, or in some cases to improve. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions, and should be protected to some degree. e. Illegal modifications. Wetland rating categories shall not change due to illegal modifications made by the applicant or with the applicant's knowledge. 2. Development in designated wetlands within shoreline jurisdiction shall be regulated in accordance with the following: a. Buffer Requirements. The following buffer widths have been established in accordance with the best available science. They are based on the category of wetland and the habitat score as determined by a qualified wetland professional using the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication #14-06-029, or as revised and approved by Ecology). The adjacent land use intensity is assumed to be high. i. For wetlands that score 5 points or more for habitat function, the buffers in 24.40.020.F.2.b can be used if both of the following criteria are met: a. A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland and any other Priority Habitats as defined by the Washington State Department of Fish and Wildlife. Ecology Approved Shoreline Master Program Page 37 of 159 Packet Pg. 157 5.8.b The corridor must be protected for the entire distance between the wetland and the Priority Habitat by some type of legal protection such as a conservation easement. Presence or absence of a nearby habitat must be confirmed by a qualified biologist. If no option for providing a corridor is available, 24.40.020.F.2.b may be used with the required measures in 24.40.020.F.2.c alone.2 b. The measures in 24.40.020.F.2.c are implemented, where applicable, to minimize the impacts of the adjacent land uses. ii. For wetlands that score 3-4 habitat points, only the measures in 24.40.020.F.2.c are required for the use of 24.40.020.F.2.b iii. If an applicant chooses not to apply the mitigation measures in 24.40.020.F.2.c, or is unable to provide a protected corridor where available, then 24.40.020.F.2.d must be used. iv. The buffer widths in 24.40.020.F.2.b and 24.40.020.F.2.d assume that the buffer is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should either be planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided. b. Wetland Buffer Requirements if the measures in 24.40.020.F.2.c are Implemented and Corridor Provided. Buffer width (in feet) based on habitat score Wetland Category 3-4 5 6-7 8-9 Category I: 75 105 165 225 Based on total score Category I: Bogs and wetlands of 190 225 High Conservation Value Category I: 150 165 225 Coastal Lagoons Category I: 225 Interdunal Category I: 75 105 165 225 Forested Ecology Approved Shoreline Master Program Page 38 of 159 Packet Pg. 158 5.8.b Category I: 150 Estuarine (buffer width not based on habitat score) Category II: 75 105 165 225 Based on score Category II: Interdunal wetlands 110 165 225 Category II: 110 Estuarine (buffer width not based on habitat score) Category III (all) 60 105 165 225 Category IV (all) 40 a. c. Required measures to minimize impacts to wetlands. Measures are required, if applicable to a specific proposal. Disturbance Required measures to Minimize Impacts Lights • Direct lights away from wetland Noise • Locate activity that generates noise away from wetland • If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source • For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10' heavily vegetated buffer strip immediately adjacent to the out wetland buffer Toxic runoff • Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered • Establish covenants limiting use of pesticides within 150 feet of wetland • Apply integrated pest management Ecology Approved Shoreline Master Program Page 39 of 159 Packet Pg. 159 5.8.b Stormwater runoff • Retrofit stormwater detention and treatment for roads and existing adjacent development • Prevent channelized flow from lawns that directly enters the buffer • Use Low Impact Development techniques (per PSAT publication on LID techniques) Change in water regime • Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns Pets and human disturbance • Use privacy fencing OR plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion • Place wetland and its buffer in a separate tract or protect with a conservation easement Dust • Use best management practices to control dust d. Wetland Buffer Requirements if the measures in 24.40.020.F.2.c are NOT Implemented or Corridor NOT Provided. Buffer width (in feet) based on habitat score Wetland Category 3-4 5 6-7 8-9 Category I: 100 140 220 300 Based on total score Category I: Bogs and wetlands of High Conservation 250 300 Value Category I: 200 220 300 Coastal Lagoons Category I: 300 Interdunal Category I: 100 140 220 300 Forested Category I: 200 Estuarine (buffer width not based on habitat scores) Category II: 100 140 220 300 Based on score Category II: 150 220 300 Interdunal wetlands Ecology Approved Shoreline Master Program Page 40 of 159 Packet Pg. 160 5.8.b Category II: Estuarine 150 (buffer width not based on habitat scores) Category III (all) 80 140 220 300 Category IV (all) 50 Additions to structures existing within wetlands and/or wetland buffers may be permitted pursuant to ECDC 23.50.040.I. Additions to structures within wetlands will also require state and federal approval. F. Geologically hazardous areas. Development in designated geologically hazardous areas shall be regulated in accordance with the following: New development or the creation of lots should not be allowed that would cause foreseeable risk from geological conditions to people or improvements during the life of the development. 2. New development should not be allowed that would require structural shoreline stabilization over the normal, useful life of the development. Exception may be made for instances where stabilization is necessary to protect allowed uses where no alternative locations are available and no net loss of ecological functions will result. The stabilization measures shall conform to ECDC 24.50.020, Shoreline stabilization. 3. Where no alternatives, including relocation or reconstruction of existing structures, are found to be feasible, and less expensive than the proposed stabilization measure, stabilization structures or measures to protect existing primary residential structures may be all in conformance with ECDC 24.50.020 requirements and then only if no net loss of ecological functions will result. G. Critical Saltwater Habitats. 1. Development shall not intrude into or over critical saltwater habitats except when all of the conditions below are met: a. The public's need for such an action or structure is clearly demonstrated and the proposal is consistent with protection of the public trust, as embodied in RCW 90.58.020; b. Avoidance of impacts to critical saltwater habitats by an alternative alignment or location is not feasible or would result in unreasonable and disproportionate cost to accomplish the same general purpose. The project, including any required mitigation, will result in no net loss of ecological functions associated with critical saltwater habitat. Ecology Approved Shoreline Master Program Page 41 of 159 Packet Pg. 161 5.8.b d. The project is consistent with the state's interest in resource protection and species recovery. 2. Private, non-commercial docks for individual residential or community use may be allowed provided that: a. Avoidance of impacts to critical saltwater habitats by an alternative alignment or location is not feasible; b. The project, including any required mitigation, will result in not net loss of ecological functions associated with critical saltwater habitat. 3. Where inventory of critical saltwater habitat has not been completed, all over water and near -shore developments in marine and estuarine waters shall be required to conduct an a habitat assessment of the site and adjacent beach sections to assess the presence of critical saltwater habitats and functions. H. Critical Freshwater Habitats. 1. Existing hydrological connections into and between water bodies, such as streams and wetlands, shall be maintained. Obstructed channels shall be reestablished as a condition of nonwater-dependent uses, where feasible. Additional authority. In addition to any other authority the city may have, the city is hereby authorized to condition or deny a proposed use, modification or activity or to require site redesign because of hazards associated with the use, modification or activity on or near an environmentally sensitive and/or critical area, and/or the effect of the proposal on the environmentally sensitive area and/or critical area. 24.40.030 Flood Hazard Reduction A. Applicability. The following provisions apply to actions taken to reduce flood damage or hazard and to uses, development, and shoreline modification that may increase flood hazards B. Regulations. 1. Development and redevelopment shall be located and designed to prevent the need for structural flood hazard reduction measures. 2. Nonstructural flood reduction measures shall be given preference over structural measures. 3. Flood control works shall be permitted when it is demonstrated by engineering and scientific evaluations that: a. They are necessary to protect health/safety and or existing development; b. Non-structural flood hazard reduction measures are infeasible; and Ecology Approved Shoreline Master Program Page 42 of 159 Packet Pg. 162 5.8.b The flood control work will not result in a net loss of ecological function in the shoreline area. 4. New structural flood control works shall be placed landward of associated wetlands, and designated habitat conservation areas, except for works that improve ecological functions, such as wetland restoration. 5. Development within the shoreline environment shall meet the standards and provisions for protection of frequently flooded areas as provided to areas of special flood hazard in the current edition of the International Residential Code and International Building Code, as adopted in ECDC Title 19. 24.40.040Public Access and Views A. Applicability. Public access includes the ability of the general public to reach, touch, and enjoy the water's edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations. The public access provisions below apply to all shorelines within the City of Edmonds. B. Regulations 1. Except as provided in subsections 2 through 4 of this section, shoreline substantial developments or conditional uses shall provide public access where any of the following conditions are present: a. Where the use or modification will create increased demand for public access to the shoreline, the development shall provide public access to mitigate this impact. b. Where the use or modification will interfere with an existing public access way, the development shall provide public access to mitigate this impact. c. Where a use which is not a priority shoreline use under the Shoreline Management Act will locate on a shoreline of the state, the use or modification shall provide public access to mitigate this impact. d. Within the Edmonds shoreline jurisdiction, where a use or modification will interfere with a public use of lands or waters subject to the public trust doctrine, the development shall provide public access to mitigate this impact. e. New multifamily residential development. f. Where there is a subdivision of land into more than four parcels. 2. An applicant need not provide public access where one or more the following conditions apply: a Ecology Approved Shoreline Master Program Page 43 of 159 Packet Pg. 163 5.8.b a. Unavoidable health or safety hazards to the public exist which cannot be prevent by any practical means; b. Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions; c. The cost of providing the access, easement or an alternative amenity is unreasonably disproportionate to the total long-term cost of the proposed development; d. Unacceptable environmental harm will result from the public access which cannot be mitigated; e. Significant undue and unavoidable conflict between any access provisions and the proposed use/modification and adjacent uses would occur and cannot be mitigated; or, 6. Statutory or constitutional requirements would prohibit the mandatory dedication of access without just compensation or compliance with statutory criteria. 3. In order to meet any of the conditions in subsection 2.a through 2.e of this section, the applicant must first demonstrate and the city determine in its finds that all reasonable alternatives have been exhausted, including but not limited to: a. Regulating access by such means as maintaining a gate and/or limiting hours of use; b. Designing separation of uses and activities (e.g., fences, terracing, use of one-way glazings, hedges, landscaping, etc.); and c. Developing provisions for access at a site geographically separated from the proposal such as street end, vista or trail system. 4. Exceptions. The following uses, developments, modifications and activities are exempt from providing public pedestrian access under this section: a. The construction, repair, remodeling and use of one detached single-family dwelling unit, as well as the construction, remodeling, repair, and use of bulkheads, docks and other uses, modification and activities incidental to the use of the subject property as a detached single-family residence. b. All shoreline uses, modifications and activities in conservancy environments, or environmentally sensitive areas where the city determines that access would create distinct and unavoidable hazards to human safety or be contrary to city policies regarding the protection of unique and fragile environments. 5. Shoreline development by public entities, such as local governments, port districts, state agencies, and public utility districts, should provide public access measures as part of each Ecology Approved Shoreline Master Program Page 44 of 159 Packet Pg. 164 5.8.b development project, unless such access is shown to be incompatible due to reasons of safety, security, or impact to the shoreline. 6. Public Use Facilities. a. In addition to the public pedestrian areas required by subsection 1 of this section, the applicant may propose and/or the city may require that benches, picnic tables, a public access pier or boardwalk, or other public use facilities be constructed on the subject property. b. If public use facilities are required or proposed, the city will determine the size, location and other regulations (design considerations) on a case -by -case basis. 7. Timing. The public pedestrian access required by this section must be completed and available at the time of occupancy or completion of work; provided, however, that the city may on a case -by -case basis defer the physical availability of public access in the following cases: a. If shoreline development without public pedestrian access exists on both sides of the subject property and the city determines that the size, location and topography or the subject property does not warrant making public waterfront access available until additional adjacent waterfront access can be obtained. b. If pre-existing legal or nonconforming improvements on the subject property physically preclude the provisions of public waterfront access within a reasonable period of time. 8. Easements recorded. In each case where public pedestrian access is required, whether it is physically available at the end of development or deferred until a later date, all owners of the subject property must record a public pedestrian easement, in a form approved by the city attorney, establishing the right of the public to access, use and traverse that portion of the subject property. 9. Signs. The city shall require the posting of signs, obtained from the city at the city's cost, designating public pedestrian access. The planning manager or his/her designee is authorized to establish reasonable rules and regulations governing the public's use of public pedestrian access and use areas under this chapter. Where appropriate, these rules and regulations shall be included within the document recorded under subsection 8 of this section. 10. Shoreline uses, modifications and activities shall be designed and operated to avoid blocking, reducing or adversely interfering with the public's existing physical and visual access to the water and shorelines. 11. View Protection Regulations. Ecology Approved Shoreline Master Program Page 45 of 159 Packet Pg. 165 5.8.b a. Within the Urban Mixed Use I, Urban Mixed Use II and adjacent Aquatic I and Aquatic II shoreline designations no building or other major structure may be located within the following required view corridors: i. Landward of the ordinary high water mark, a view corridor must be maintained across 30 percent of the average parcel width. The view corridor must be in one continuous piece. Within the view corridor, structures, parking areas, and landscaping will be allowed; provided, that they do not obscure the view from adjacent public right-of- way to and beyond the Puget Sound. This view corridor must be adjacent to either the north or south property line, whichever will result in the widest view corridor given development on adjacent properties. If the subject property has shoreline frontage in excess of 1,000 feet, the city may require a maximum of one-third of the required view corridor to be placed in a location between the north and south property lines, in a location which will provide for the greatest unobstructed view of the Puget Sound. ii. Waterward of the ordinary high water, view corridors which are required pursuant to this section must be maintained starting at a width equal to the adjacent upland view corridor and expanding in a conical fashion 30 degrees from the prolongation of the view corridor water of the ordinary high water mark. b. Within the Urban Mixed Use IV designation i. Uses and activities must be designed and operated to avoid blocking or adversely interfering with visual access from public areas to the water and shorelines. 12. Public access provided by shoreline street ends, public utilities and rights -of -way shall not be diminished (RCW 35.79.035 and 36.87.130). 13. Public access sites shall be connected directly to the nearest public street and shall include provisions for disabled and physically impaired persons, where feasible. 14. Public access easements and permit conditions shall be recorded on the deed of title and/or on the face of a plat or short plat as a condition running contemporaneous with the authorized land use, at a minimum. Said recording with the county auditor's office shall occur at the time of permit approval (RCW 58.17.110). 15. The minimum width of public access easements shall be 25 feet, unless the administrator determines that undue hardship would result. In such cases, easement width may be reduced only to the minimum extent necessary, as determined by the administrator, to relieve the hardship. Provided the larger easement is not needed for emergency access. 16. Future actions by the applicant successors in interest or other parties shall not diminish the usefulness or value of the public access provided. Ecology Approved Shoreline Master Program Page 46 of 159 Packet Pg. 166 5.8.b 17. Visual access shall be maintained, enhanced and preserved on shoreline street ends, public utilities and rights -of -way and within public view corridors as designated by the city. 24.40.050Shoreline Vegetation Conservation A. Applicability. Vegetation conservation includes activities to protect and restore vegetation along or near marine and freshwater shorelines that contribute to the ecological functions of shoreline areas. Vegetation conservation provisions include the prevention or restriction of plant clearing and earth grading, vegetation restoration, and the control of invasive weeds and nonnative species. 2. Unless otherwise stated, vegetation conservation does not include those activities covered under the Washington State Forest Practices Act, except for conversion to other uses and those other forest practice activities over which local governments have authority. Vegetation conservation provisions apply even to those shoreline uses and developments that are exempt from the requirement to obtain permit. 3. Where new developments and/or uses are proposed, native shoreline vegetation should be conserved to maintain shoreline ecological functions and/or processes and mitigate the direct, indirect and/or cumulative impacts of shoreline development, where feasible. Important functions of shoreline vegetation include, but are not limited to: a. Providing shade necessary to maintain water temperatures required by salmonids, forage fish, and other aquatic biota. b. Providing organic inputs critical for aquatic life. c. Providing food in the form of various insects and other benthic macroinvertebrates. d. Stabilizing banks, minimizing erosion, and reducing the occurrence of landslides. Reducing fine sediment input into the aquatic environment through stormwater best management practices. f. Filtering and vegetative uptake of nutrients and pollutants from ground water and surface runoff. g. Providing a source of large woody debris into the aquatic system. h. Regulation of microclimate in the stream -riparian and intertidal corridors. Providing habitat for wildlife, including connectivity for travel and migration corridors. Ecology Approved Shoreline Master Program Page 47 of 159 Packet Pg. 167 5.8.b B. Regulations. 1. Alteration of native shoreline vegetation shall only be allowed as set forth below: a. Landscaping or maintenance associated with an existing legal use or new permitted shoreline use or development. The use of native plant species shall be encouraged. b. Removal of noxious weeds as listed by the state in WAC 16-750, provided such activity shall be conducted in a manner consistent with best management practices and native vegetation is promptly reestablish in the disturbed area. c. Modification of vegetation in association with a legal, nonconforming use provided that said modification is conducted in a manner consistent with this Master Program and results in no net loss to ecological functions or critical fish and wildlife conservation areas. d. Restoration activities conducted in accordance with an approved plan designed to improve ecological functions and values. 2. The removal or disturbance of existing vegetation and the alteration of topography shall be limited to the minimum necessary to accommodate approved shoreline development. 3. Exposed soils shall be immediately developed or revegetated to prevent erosion. 4. Revegetation must be planted such that complete coverage of exposed soils is attained within one growing season. 5. In all cases where clearing is followed by revegetation, native plants shall be preferred 24.40.060Water Quality, Stormwater, and Nonpoint pollution A. Applicability. The following provisions applies to all development and uses within shoreline jurisdiction that may affect water quality. B. Regulations. An erosion and sedimentation control plan shall be submitted with a permit application for activities that involve the removal of vegetation, stockpiling of earth or other materials, or any activity that could result in shoreline erosion or siltation. Said program shall conform to the City of Edmonds' stormwater code requirements, Engineering Design Standards and shall at a minimum, utilize Best management Practices (BMPs) to prevent shoreline erosion and siltation. Ecology Approved Shoreline Master Program Page 48 of 159 Packet Pg. 168 5.8.b 2. The bulk storage of oil, fuel, chemicals, or hazardous materials, on either a temporary or permanent basis, shall not occur in shoreline without adequate secondary containment and an emergency spill response plan in place. 3. All development approved under this Shoreline Master Program shall be designed and maintained consistent with the City's Stormwater Comprehensive Plan, all codes related to stormwater, and Engineering Design Standards. 4. New development is encouraged to employ Low Impact Development principles and practices such as setbacks, retaining land cover, and reducing impervious areas, and use special caution to avoid infiltration of stormwater in shoreline areas along marine bluffs. Ecology Approved Shoreline Master Program Page 49 of 159 Packet Pg. 169 5.8.b 24.40.070Shoreline Development Table: User Guide SDP Listed shoreline development permitted as a Shoreline Substantial Development Permit and subject to the policies and regulations of this Master Program. Pursuant to WAC 173-27-040 and ECDC 24.80.010, certain shoreline uses and modifications may be exempt from the requirements of the substantial development permit process. These exemptions shall be construed narrowly and only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemption from the substantial development permit process. Developments meeting the exemption from the requirements of the substantial development permit process are still subject to the policies and regulations of this Master Program. SCUP Listed shoreline development may be permitted as Shoreline Conditional Use Permit subject to the policies and regulations of this Master Program. Shoreline developments requiring Shoreline Conditional Use Permits are not subject to the exemptions in WAC 173-27-040 or ECDC 24.80.010. X Listed shoreline development is prohibited. * Prohibited shoreline development is subject to specific exceptions. See Shoreline Area Regulations section for the listed shoreline development. + Permitted shoreline development is subject to specific limitations on where and/or when development may be permitted. See Shoreline Area Regulations for the listed shoreline development. 24.40.080 Shoreline Development Table: Shoreline Development Permitted by Area Designation Shoreline Development Shoreline Area Designation Urban Railroad Urban Mixed Use I Urban Mixed Use II Urban Mixed Use III Urban Mixed Use IV Shoreline Residential I Shoreline Residential II Shoreline Residential III Aquatic I Aquatic II Conservancy Natural A uaculture X SCUP SCUP X SCUP X X X SCUP SCUP SCUP SCUP Artwork SDP SDP SDP SDP SDP3 SDP SDP SDP X*Z X*Z SDP SDP Boating Facilities Launch Rams X SDP SDP X X X X X X X X X Marinas X SDP SDP X X X X X X X X X Covered Over -water structures X X X X X X X X X X X X Ecology Approved Shoreline Master Program Page 50 of 159 LO M r N Packet Pg. 170 5.8.b Shoreline Shoreline Area Designation Development Urban Urban Urban Urban Urban Mixed Shoreline Shoreline Shoreline Aquatic I Aquatic II Conservancy Natural Railroad Mixed Mixed Use Mixed Use IV Residential I Residential II Residential III Use I II Use III Commercial and Light Industrial Water -oriented X SDP SDP SDP SDP3 X X X X" X" X X Nr- X SDP+ SDP+ SDP± SDP3 X X X X" X" X X oriented ented Dredging SCUP SCUP SCUP X* X" X" X" SCUP SCUP SCUP SCUP X* Landfill SCUP SDP SDP SDP SDP3 SDP SDP SDP SCUP SCUP SCUP SCUP+ Moorage: Piers, Docks, and Floats Commercial X SDP SDP X X X X X X SDP X X Private, Public, X SDP SDP X X SDP SDP SDP SDP SDP SDP X' and Shared Aircraft X X` X X' X X X XR X' X' X X' Recreation X SDP SDP SDP SDP3 SDP SDP SDP SDP SDP SDP SDP Residential Detached Residential X X X SDP X SDP SDP SDP X X X X (Single-family) Attached or stacked Residential X X X SDP X X X X X X X X (Multi -family) Shoreline Stabilization Groins SDP SDP SDP X X X X X SCUP SCUP SCUP X Breakwaters SDP SDP SDP X X X X X SCUP SCUP SCUP X and jetties Bulkheads and similar SDP SDP SDP X SCUP X X SDP X' X' SCUP X' structures Bioengineering SDP SDP SDP X SDP3 X X SDP SDP+ SDP+ SDP X Gabions X X X X X X X X X X X X Ecology Approved Shoreline Master Program Page 51 of 159 LO M r E L a� O a a� c� d c O s W c O E W V C V W N O H Q Packet Pg. 171 5.8.b Shoreline Area Designation Shoreline Development Urban Urban Urban Urban Urban Mixed Shoreline Shoreline Shoreline Aquatic I Aquatic II Conservancy Natural Railroad Mixed Mixed Use Mixed Use IV Residential I Residential 11 Residential III Use I II Use III Signs SDP SDP SDP SDP SDP3 SDP SDP SDP SDP SDP SDP SDP Transportation Railroads SDP SDP SDP X X X X X X* X* X X Ferry Terminals SCUP SDP SDP SDP SDP3 X X X SCUP SCUP X X Parking — supporting associated SDP SDP SDP SDP SDP3 X X X X X SCUP+ X water - de endentuse Parking — not supporting an associated SDP SCUP+ SCUP+ SDP SDP3 X X X X X SCUP+ X water- dependentuse Other SCUP SDP SDP SDP SDP3 SDP SDP SDP SDP SDP SCUP+ SCUP+ Utilities SDP SDP SDP SDP SDP3 SDP SDP SDP SDP SDP SDP SCUP ': In the event that there is a conflict between the development(s) identified in this Table 24.40.080 and the policies and/or regulations with the text of this Master Program, the policies and regulations within the text shall apply. 2: Artwork associate with a permitted use in the Aquatic I or Aquatic II designation may by permitted; otherwise it is a prohibited use. 3: Where an alternate buffer width is proposed as provided in Footnote 18 of section 24.40.090, then a Shoreline Conditional Use (SCUP) is required. Ecology Approved Shoreline Master Program Page 52 of 159 LO M r N Packet Pg. 172 5.8.b 24.40.090 Shoreline Bulk and Dimensional Standards LO; The following table establishes shoreline -specific development standards in the different shoreline environment designations. Setbacks represent minimum distances and may be N larger if a critical area is present consistent with ECDC 24.40.020 and Title 23 ECDC. Shoreline Shoreline Area Designation Development Urban Urban Urban Urban Urban Mixed Shoreline Shoreline Shoreline Aquatic I Aquatic II Conservancy Natural Railroad Mixed Use Mixed Use Mixed Use Use IV Residential I Residential II Residential III I II III A uaculture —Over Water Structures Shore Setback' (waterward N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A ordinary high) Maximum Height above deck of 3ft 3ft 3ft 3ft 3ft N/A N/A N/A 3ft 3 ft. N/A 3ft overwater structure Commercial and Light Industrial Development Water Dependent Commercial Use Shore Setback N/A 0' 0' 0' 0' N/A N/A N/A N/A N/A N/A N/A Side Setback15 N/A 012 0'2 Varies 0' N/A N/A N/A N/A N/A N/A N/A Maxht N/A 30' 30' 25' 35' N/A N/A N/A N/A N/A N/A N/A 6m Heig Maximum N/A None None None None N/A N/A N/A N/A N/A N/A N/A Coverage All Other Commercial and Li ht Industrial Development Shore Setback N/A 15' 15' 50' N/A N/A N/A N/A N/A N/A N/A N/A Building N/A N/A N/A N/A 15' N/A N/A N/A N/A N/A N/A N/A Setback Buffer N/A N/A N/A N/A 110,18,19 N/A N/A N/A N/A N/A N/A N/A Side Setback (commercial/ N/A 0'/1512,3 09/15' 2,3 Varies 0' N/A N/A N/A N/A N/A N/A N/A residential)15 Maximum Height16 N/A 30' 30' 25' 35' N/A N/A N/A N/A N/A N/A N/A Maximum N/A None None None Varies N/A N/A N/A N/A N/A N/A N/A Coverage Ecology Approved Shoreline Master Program Page 53 of 159 Packet Pg. 173 5.8.b Shoreline Shoreline Area Designation Development Urban Urban Urban Urban Urban Mixed Shoreline Shoreline Shoreline Aquatic I Aquatic II Conservancy Natural Railroad Mixed Use Mixed Use Mixed Use Use IV Residential I Residential II Residential III I II III Recreation Shore Setback N/A 15' 15' 15' N/A N/A N/A 35' N/A N/A 50' N/A14 Building N/A N/A N/A N/A 15' N/A N/A N/A N/A N/A N/A N/A Setback Buffer N/A N/A N/A N/A 11018,19 N/A N/A N/A N/A N/A N/A N/A Maximum N/A 30' 30' 25' 35' 25' 25' 25' 1514 1514 25' 25' Height" Maximum N/A None None None None 35% 35% 35% N/A N/A 10% or 4,000 N/A Coverage square feet 20% or Maximum N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10,000 N/A impervious square feet Residential Development Shore Setback N/A N/A N/A 50'17 N/A N/A N/A 35' N/A N/A N/A N/A Building N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Setback Buffer N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Bluff Setback N/A N/A N/A N/A N/A 50' N/A N/A N/A N/A N/A N/A Maximum Height16 N/A N/A N/A 25' 35' 25' 25' 25' N/A N/A N/A N/A Minimum Lot N/A N/A N/A N/A N/A Varies1l 6,000 sq. ft. 12,000 sq. ft. N/A N/A N/A N/A Area (Sq. Ft.) Maximum N/A N/A N/A N/A N/A Varies12 7.3 3.7 N/A N/A N/A N/A Density6 Maximum N/A N/A N/A N/A N/A 35% 35% 35% N/A N/A N/A N/A Coverage Transportation and Parkin Parkin Uncovered Parking Shore Setback 60' 607 60'7 50'17 N/A N/A N/A N/A N/A N/A 60' N/A Building N/A N/A N/A N/A 15' N/A N/A N/A N/A N/A N/A N/A Setback Buffer N/A N/A N/A N/A 110,18,19 N/A N/A N/A N/A N/A N/A N/A Structured Parking Ecology Approved Shoreline Master Program Page 54 of 159 LO M r E L 0 L a a� c� d c L 0 s w c 0 w V C V w N m H Q Packet Pg. 174 5.8.b Shore Setback N/A N/A N/A 50'17 N/A N/A N/A N/A N/A N/A N/A N/A Building N/A N/A N/A N/A 15' N/A N/A N/A N/A N/A N/A N/A Setback Buffer N/A N/A N/A N/A 110,18,19 N/A N/A N/A N/A N/A N/A N/A Maxht6m N/A N/A N/A 25' 35' N/A N/A N/A N/A N/A N/A N/A Heig Ferry Terminals 30' 30' 30' 30' 30' N/A N/A N/A 35' 35' N/A N/A He ghtum Railroads Maximum 25'9 30" 30'9 N/A N/A N/A N/A N/A N/A N/A N/A N/A Height Property line 5 S' S' N/A N/A N/A N/A N/A N/A N/A N/A N/A setbacks Shoreline Shoreline Area Designation Development Urban Urban Urban Urban Urban Mixed Shoreline Shoreline Shoreline Aquatic I Aquatic II Conservancy Natural railroad Mixed Use Mixed Use Mixed Use Use IV Residential I Residential II Residential III I II III All Other Development Shore Setback N/A 15' 15' 50'17 N/A N/A 35' N/A N/A 50' N/A14 Building N/A N/A N/A N/A 15' N/A N/A N/A N/A N/A N/A N/A Setback Buffer N/A N/A N/A N/A 110'18,19 N/A N/A N/A N/A N/A N/A N/A Maximum 25' 30' 30' 25' 35' 25' 25' 25' 25' 35'/15' 10 25' 25' Height16 Minimum Lot N/A None None None None Varies" 6,000 sq. ft. 12,000 sq. ft. N/A N/A N/A N/A Area (Sq. Ft.) Maximum N/A N/A N/A N/A N/A Varies12 7.3 3.7 N/A N/A N/A N/A Density Maximum None None None None Varies20 35% 35% 35% N/A N/A 10% 10% Coverage 1 :Aquaculture pens shall be no closer to the shoreline than the identified distance. 2 :See ECDC 24.40.040.13.11 for view corridor requirements. 3 : No side setback is required from adjacent commercial property. A minimum 15-foot setback is required from lot line adjacent to shoreline residential environments. The area must be fully landscaped and include a minimum six-foot high fence or hedge. 4 :Above ordinary high water mark. 5 : Thirty-five feet total of both sides, 10 feet minimum on either side. 6 : Density means "dwelling units per acre" determined by dividing the total lot area by the density allowed by the underlying zoning; the number of lots or units permitted shall be rounded down to the nearest whole number. Ecology Approved Shoreline Master Program Page 55 of 159 LO M r Packet Pg. 175 5.8.b 7 Jn the Urban Mixed Use I and H environment, the 60-foot setback for parking may be reduced by a maximum of 20 feet. See ECDC 24.60.080.D.2.c. and 24.60.080.D.3.c 8 :Subject to exceptions, see ECDC 24.60.070.C.10. 9 :Subject to exceptions, see ECDC 24.60.080.D.l.b.xiii.1 through ECDC 24.60.080.D.l.b.xiii.4. 10 .Accessory structures for the sale of gas, oil and live bait, shall not exceed 15 feet above the height of the dock or pier. 11 :Varies between 12,000 and 20,000 square feet per site depending on the underlying zoning. 12 : Varies between 3.7 and 2.2 dwelling units per acre depending on the underlying zoning. Density means "dwelling units per acre" determined by dividing the total lot area by the density allowed by the underlying zoning; the number of lots or units permitted shall be rounded down to the nearest whole number. 14 : Three areas within the City of Edmonds have the natural environment designation: Edmonds Marsh, Shell Creek Wetland, and Perrinville Creek Wetland. All three areas are separated from the Puget Sound by the railroad right-of-way. 15 : Side setback determined by the underlying zoning. No required side setback in the BD2, CG, or MP2 zones. Five foot side setback in the OR zone, 16 : The maximum height limit shall be determined by the underlying comprehensive planning document and zoning designation. Height limits greater than 35 feet shall be supported by view analysis and structures designed to minimize impacts on public views. 17 : Fences within the shore setback of the Urban Mixed Use 1114V zone that create separate areas for public and private uses should not be allowed. 18 : The Urban Mixed -Use IV environment has a default I I0-foot buffer that starts at the outer edge of the Edmonds Marsh where the presence and action of waters are common and usual or at the wetland/upland edge. An alternate buffer width may be established at the project stage through a shoreline conditional use permit if a site -specific scientific study determines that the default buffer is not necessary to protect and maintain the baseline functions of this wetland/tideland habitat and its other associated ecological functions from being adversely impacted by the proposed project. The site -specific scientific study must be peer reviewed by an independent scientific consulting firm having relevant wetland/wildlife expertise before consideration of a master plan or shoreline conditional use permit may proceed to a hearing. The site -specific scientific study must analyze the impacts of the proposed project upon at least these three broad ecological functions of wetlands and marshes: 1) Biogeochemical functions, which are related to trapping and transforming chemicals and include functions that improve water quality in the watershed; 2) Hydrologic functions, which are related to maintaining the water regime in a watershed including functions such as reducing flooding; and 3) Food web and habitat functions. Any decision to approve an alternate buffer must be consistent with the legal standards of the Shoreline Management Act and State guidelines and would only apply to the portion of the Urban Mixed Use IV environment that is the subject of the application. In other words, the buffer on the north side of the Marsh might ultimately differ from the buffer on the south side of the Marsh if different buffers are necessary to mitigate the respective impacts of those two development areas. Regardless of the buffer width, upon development of the project, the approved buffer area shall be vegetated, used, and maintained as necessary to protect existing ecological functions and mitigate project impacts as contemplated by the site -specific scientific study that supported the approved width of the buffer. The approved buffers in the Urban Mixed Use IV environment may not be further reduced or exempt from the normal buffer use limitations through ECDC 24.40.020 (F)(2)(e) [Additions to structures] or any of the provisions in Appendix B, including but not limited to, sections 23.50.040 (G)(1) to (4) [Wetland Buffer Modifications], 23.50.040 (1) [Additions to structures], and 23.40.220 (C)(4) [Interrupted wetland buffer], PROVIDED that ECDC 23.40.215 maybe applied to implement a restoration project within the Urban Mixed Use IV notwithstanding the language in this footnote. 20: Varies between 75% and no maximum coverage requirement per site depending on the underlying zoning. Ecology Approved Shoreline Master Program Page 56 of ] 59 Q Packet Pg. 176 5.8.b Part VSpecific Modification Policies & Regulations. 24.50.000Applicability. Shoreline modification activities are structures or actions that permanently change the physical configuration or quality of the shoreline, particularly at the point where land and water meet. Shoreline modifications include but are not limited to structures such as bulkheads and piers and actions such as clearing, grading and removing vegetation. Generally, shoreline modifications are undertaken to prepare for a shoreline use, to support and upland use, or to provide shoreline stabilization or defense from erosion. 24.50.010 General Modification Policies and Regulations A. General Modification Policies. 1. Locate and design all new development in a manner that prevents or minimizes the need for shoreline modifications. 2. Ensure that shoreline modification, where permitted, are as compatible as possible with natural shoreline processes and character. 3. Regulate shoreline modifications to assure that modifications individually and cumulatively do not result in a net loss of ecological functions. Mitigation may be required to meet the no net loss standard. 4. Give preference to those types of shoreline modifications that have a less impact on ecological functions and require mitigation of identified impacts resulting from shoreline modifications. 5. Incorporate all feasible measures to protect ecological shoreline functions and ecosystem - wide processes in the placement and design of shoreline modifications. To avoid and reduce ecological impacts, the mitigation sequence in ECDC 24.40.020.E.3 shall be utilized. B. General Shoreline Modification Regulations 1. Shoreline modification activities that do not support a permitted shoreline use are considered "speculative" and are prohibited by this Master Program, unless it can be demonstrated to the satisfaction of the Shoreline Administrator that such activities are in the public interest and necessary and for the maintenance of shoreline environmental resource values. Ecology Approved Shoreline Master Program Page 57 of 159 Packet Pg. 177 5.8.b 2. Structural shoreline modification measures shall be permitted only if nonstructural measures are unable to achieve the same purpose. Nonstructural measures considered shall include alternative site designs, increased setbacks, relocation, and bioengineering. 3. Shoreline modification activities, with the exception of restoration or enhancement efforts, are prohibited in wetlands, and undeveloped spits, hooks, bars, barrier beaches, or similar accretion terminals or accretion shore forms. 4. Proponents of shoreline modification projects shall obtain all applicable federal and state permits and shall meet all permit requirements. 5. Best Available Science. All reports prepared in support of a shoreline modification shall use scientifically valid methods and studies in the analysis of shoreline environment and field reconnaissance and reference the source of science used. 24.50.020Shoreline stabilization A. Applicability. Shoreline stabilization includes actions taken to address erosion impacts to property and dwellings, businesses, or structures cause by natural processes, such as current, flood, tides, wind, or wave action. These actions include structural and nonstructural methods. Nonstructural methods include building setbacks, relocation of the structure to be protected, ground water management, planning and regulatory measures to avoid the need for structural stabilization. Structural methods can be "hard" or "soft". "Hard" structural stabilization measures structural stabilization measures refer to those with solid, hard surfaces, such as concrete bulkheads. These are static structures traditionally constructed of rock, concrete, wood, metal, or other materials that deflect, rather than absorb, wave energy. "Soft" structural measures rely on softer materials, such as vegetation, drift logs, and gravel. They are intended to absorb wave energy, mimicking the function of a natural beach. The following methods of shoreline stabilization are organized from "soft" to "hard": "Soft" • Vegetation enhancement; • Upland drainage control; • Biotechnical measures; • Beach enhancement; • Anchor tree; and • Gravel placement; "Hard" • Rock revetments; • Gabions; Ecology Approved Shoreline Master Program Page 58 of 159 Packet Pg. 178 5.8.b • Groins; • Retaining walls and bluff walls; • Bulkheads; and • Seawalls. The following policies and regulations apply to all actions and developments that modify the shoreline for the purposes of preventing shore erosion. B. Shoreline Stabilization Policies 1. Discourage new development requiring structural shoreline defense works. 2. Relocating existing structures out of harm's way is preferable to construction of structural defense works. 3. Allow structural stabilization methods only: a. After it is demonstrated that nonstructural solutions would not be able to reduce the potential damage sufficiently, and b. Where it has been demonstrated to be necessary to support or protect a new use consistent with this Master program, a legally established, inhabited structure or ongoing shoreline use that is in danger of loss or substantial damage or when necessary for reconfiguration of the shoreline for hazardous substance remediation or restoration of ecological functions. Structural stabilization will not be permitted for the indirect purpose of creating land by filling. 4. Encourage "soft" stabilization and protection works over "hard" structural means. Furthermore, designs that do not interrupt net drift or migration of anadromous fish are preferred (for example, open poling construction is preferable to sold walls, and floating breakwaters are preferable to solid landfills.) 5. Consider the effect that proposed shore defense works have on ecosystem -wide processes (e.g. sand movement) and functions (e.g. habitat). Make provisions to avoid and minimize impacts where feasible. Mitigation must be provided to achieve no net loss. 6. Give special attention to the effect these structures will have on aesthetic qualities of the shoreline, public access, and use of the water. C. Shoreline Stabilization Regulations For the purposes of this section, standards on shoreline stabilization, "replacement" means the construction of a new structure to perform a shoreline stabilization function of an existing structure which can no longer adequately service its purpose. Addition to or Ecology Approved Shoreline Master Program Page 59 of 159 Packet Pg. 179 5.8.b increases in size of existing shoreline stabilization measures shall be considered new structures. 2. Structural stabilization methods shall be permitted when necessary for reconfiguration of the shoreline for mitigation or enhancement purposes. 3. New development that would require shoreline stabilization which causes significant negative impacts to adjacent or down -current properties and shoreline areas should not be allowed. 4. New development on steep slopes or bluffs shall be set back sufficiently to ensure that shoreline stabilization is unlikely to be necessary during the normal, useful life of the structure, as demonstrated by a geotechnical analysis. 5. New structural stabilization measures shall not be allowed except when necessity is demonstrated in the following manner: a. To protect existing primary structures: i. New or enlarged structural shoreline stabilization measures for an existing primary structure, including residences, should not be allowed unless there is conclusive evidence, documented by a geotechnical analysis, that the structure is in danger from shoreline erosion caused by tidal action, currents, or waves. Normal sloughing, erosion of steep bluffs, or shoreline erosion itself, without a scientific or geotechnical analysis, is not demonstration of need. The geotechnical analysis should evaluate on -site drainage issues and address drainage problems away from the shoreline edge before considering structural shoreline stabilization. ii. The erosion control structure will not result in a net loss of shoreline ecological functions. b. In support of new nonwater-dependent development, including single-family residences, when all of the conditions below apply: i. The erosion is not being cause by upland conditions, such as the loss of vegetation and drainage. ii. Nonstructural measures, such as placing the development further from the shoreline, planting vegetation, or installing on -site drainage improvements, are not feasible or not sufficient. iii. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. The damage must be caused by natural processes, such as tidal action, currents, and waves. iv. The erosion control structure will not result in a net loss of shoreline ecological functions. Ecology Approved Shoreline Master Program Page 60 of 159 Packet Pg. 180 5.8.b c. In support of water -dependent development when all of the conditions below apply: i. The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage. ii. Nonstructural measures, planting vegetation, or installing on -site drainage improvements, are not feasible or not sufficient. iii. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. iv. The erosion control structure will not result in a net loss of shoreline ecological functions. d. To protect projects for the restoration of ecological functions or hazardous substance remediation projects pursuant to chapter 70.105D RCW when all of the conditions below apply: i. Nonstructural measures, planting vegetation, or installing on -site drainage improvements, are not feasible or not sufficient. ii. The erosion control structure will not result in a net loss of shoreline ecological functions. 6. Geotechnical reports pursuant to this section that address the need to prevent potential damage to a primary structure shall address the necessity for shoreline stabilization by estimating time frames and rates of erosion and report on the urgency associated with the specific situation. As a general matter, hard armoring solutions should not be authorized except when a report confirms that there is a significant possibility that such a structure will be damaged within three years as a result of shoreline erosion in the absence of such hard armoring measures, or where waiting until the need is that immediate, would foreclose the opportunity to use measures that avoid impacts on ecological functions. Thus, where the geotechnical report confirms a need to prevent potential damage to a primary structure, but the need is not as immediate as the three years, that report may still be used to justify more immediate authorization to protect against erosion using soft measures. D. Shoreline Stabilization Siting and Design Regulations. 1. When any structural shoreline stabilization measures are demonstrated to be necessary, pursuant to above provisions. a. Limit the size of stabilization measures to the minimum necessary. Use measures designed to assure no net loss of shoreline ecological functions. Soft approaches shall Ecology Approved Shoreline Master Program Page 61 of 159 Packet Pg. 181 5.8.b be used unless demonstrated not to be sufficient to protect primary structures, dwellings, and businesses. b. Ensure that publicly financed or subsidized shoreline erosion control measures do not restrict appropriate public access to the shoreline except where such access is determined to be infeasible because of incompatible uses, safety, security, or harm to ecological functions. Where feasible, incorporate ecological restoration and public access improvements into the project. c. Mitigate new erosion control measures, including replacement structures, on feeder bluffs or other actions that affect beach sediment -producing areas to avoid and, if that is not possible, to minimize adverse impacts to sediment conveyance systems. 2. Bulkheads and other shoreline protective structures may not be constructed within a marsh, bog, or swamp or between a marsh, bog or swamp and the primary body of water (Puget Sound or Lake Ballinger). 3. Bulkheads and other shoreline protective structures may not be placed waterward of the ordinary height water mark, unless: a. It is to stabilize a fill approved under ECDC 24.50.040; or b. There has been severe and unusual erosion within one year immediately preceding the application for the bulkhead or other similar protective structure. In this event, the city may allow the placement of the bulkhead or other similar protective structure to recover the dry land area lost by this erosion. 4. Bulkheads and other shoreline protect structures shall be located landward of the ordinary high water mark and generally parallel to the natural shoreline unless geotechnical evaluation demonstrates the necessity for alternative design. In addition: a. Where no other bulkheads are adjacent, the construction of a bulkhead shall be as close to the eroding bank as possible and in no case shall it be more than six (6) feet from the toe of the bank. b. A bulkhead for a permitted landfill shall be located at the toe of the fill. c. Where permitted, a bulkhead must tie in flush with existing bulkheads on adjoining properties, except where the adjoining bulkheads extend waterward of the ordinary high water mark. 5. An existing bulkhead or other shoreline stabilization structure may be replaced with a similar structure if there is a demonstrated need to protect principal uses or structures from erosion caused by currents, tidal action, or waves. Ecology Approved Shoreline Master Program Page 62 of 159 Packet Pg. 182 5.8.b a. The replacement structure should be designed, located, sized, and constructed to assure no net loss of ecological functions. b. Replacement walls or bulkheads shall not encroach waterward of the ordinary high- water mark or existing structure unless the residential structure to which it is appurtenant was occupied prior to January 1, 1992, and there are overriding safety or environmental concerns. In such cases, the replacement structure may abut the existing shoreline stabilization structure. c. Where a net loss of ecological functions associated with critical saltwater habitats would occur by leaving the existing structure, remove it as part of the replacement measure. d. Soft shoreline stabilization measures that provide restoration of shoreline ecological functions may be permitted waterward of the ordinary high-water mark. e. For purposes of this section standards on shoreline stabilization measures, "replacement" means the construction of a new structure to perform a shoreline stabilization function of an existing structure which can no longer adequately serve its purpose. Additions to or increases in size of existing shoreline stabilization measures shall be considered new structures. 6. Materials used in bulkhead construction shall meet the following standards: a. Bulkheads shall utilize stable, non-erodable materials such as concrete, wood, and rock that are consistent with the preservation and protection of the ecological habitat. b. Shore materials shall not be used for fill behind bulkheads, except clean dredge spoil from a permitted off -site dredge and fill operation. c. The extent and nature of any backfill proposed landward of a bulkhead or other shoreline protective structure shall comply with adopted City standards. 7. If hard stabilization methods are employed the following design criteria shall be meet: a. The size and quantity of the material shall be limited to that the minimum necessary to withstand the estimated energy intensity of the hydraulic system; b. Filter cloth must be used to aid drainage and help prevent settling; The toe reinforcement or protection must be adequate to prevent a collapse of the system wave action; and d. Fish habitat components shall be considered in the design subject to Hydraulic Project Approval by the Washington Department of Fish and Wildlife. Ecology Approved Shoreline Master Program Page 63 of 159 Packet Pg. 183 5.8.b 8. When hard stabilization measures are required at a public access site, provision for safe pedestrian access to the water shall be incorporated into bulkhead design. 9. Stairs or other permitted structures may be built into a hard stabilization structure but shall not extend waterward of it. E. Geotechnical Reports. Geotechnical reports required pursuant to this section shall address the need for shoreline stabilization and shall include the following. 1. A scaled site plan showing: a. The location of existing and proposed shore stabilization, structures, fill, and vegetation, with dimensions indicated distances to the ordinary high water mark. b. Existing site topography with two foot contours. 2. A description of the processes affecting the site, and surrounding areas that influence or could be influenced by the site, including areas in which lake or marine geomorphic processes affect the site, including, but not limited to: a. Soil erosion, deposition, or accretion; b. Evidence of past or potential erosion due to tidal action and/or waves; c. Littoral drift; and d. An estimate of shoreline erosion rates. 3. A description and analysis of the urgency and risk associated with the specific site characteristics. F. Shoreline Stabilization — Shoreline Area Regulations 1. Urban Railroad a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Gabions are prohibited. 2. Urban Mixed Use I a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. Ecology Approved Shoreline Master Program Page 64 of 159 Packet Pg. 184 5.8.b b. Gabions are prohibited.' c� a 3. Urban Mixed Use II E L a. Bulkheads, revetments, and bioengineering approaches are permitted subject to c policies and regulations of this Program. aL L b. Gabions are prohibited. d 4. Urban Mixed Use III E L O a. Bulkheads, revetments, and bioengineering approaches are permitted subject to v) policies and regulations of this Program. M T N b. Gabions are prohibited. r 5. Urban Mixed Use IV a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Gabions are prohibited. 6. Shoreline Residential I a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Gabions are prohibited. 7. Shoreline Residential II a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Gabions are prohibited. 8. Shoreline Residential III a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Gabions are prohibited. 9. Aquatic I Ecology Approved Shoreline Master Program Page 65 of 159 Packet Pg. 185 5.8.b a. Bioengineering approaches are permitted on tidelands and shorelands when necessary to restore an eroding accretion shoreform or to retard erosion elsewhere subject to policies and regulations of this program. b. Bulkheads or revetments are prohibited except for an approved water -dependent development subject to policies and regulations of this Program. c. Gabions are prohibited. 10. Aquatic II a. Bioengineering approaches are permitted on tidelands and shorelands when necessary to restore an eroding accretion shoreform or to retard erosion elsewhere subject to policies and regulations of this program. b. Bulkheads or revetments are prohibited except for an approved water -dependent development subject to policies and regulations of this Program. c. Gabions are prohibited. 11. Conservancy a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program b. Gabions are prohibited. 12. Natural: Shoreline stabilization is prohibited; except that, bioengineering approaches may be permitted as a conditional use when necessary to restore and eroding accretion shoreform or to retard erosion elsewhere. 24.50.030 Moorage: Piers, Docks, and Floats A. Applicability Docks are fixed structures floating upon water bodies. Piers are fixed, pile -supported structures. Floats are floating structures that are moored, anchored, or otherwise secured in the water that are not connected to the shoreline. Docks, piers, and floats that serve four or fewer boats regularly moored are reviewed a recreational facilities. Proposals for five or more boats are considered marinas and are regulated under ECDC 24.60.020, Boating Facilities. Ecology Approved Shoreline Master Program Page 66 of 159 Packet Pg. 186 5.8.b B. Moorage: Piers, Docks, and Floats Policies 1. A dock associated with a single family residence is considered a water -dependent use provided that it is designed and intended as a facility for access to watercraft and otherwise complies with the provisions of this section. 2. New pier or dock construction, excluding docks accessory to single-family residences, should be permitted only when the applicant has demonstrated that a specific need exists to support the intended water -dependent use. 3. Shared pier and dock facilities are preferred over single -user moorage where feasible. New subdivisions of more than two (2) lots should provide joint shared moorage. 4. Piers and docks, including those accessory to single-family residences, shall be designed and constructed to avoid or to minimize and mitigate the impacts to ecological functions, critical areas resources such as eelgrass beds and fish habitats and processes such as currents and littoral drift. C. Moorage: Piers, Docks, and Floats Regulations 1. The following piers, docks, and floating developments are prohibited in the shoreline jurisdiction: a. Aircraft moorage is prohibited, except that aircraft maybe temporarily moored (not to exceed 36 hours) in the event of severe weather conditions. b. Covered moorage. 2. Size of Piers and Docks. Piers and docks may not be larger than is necessary to provide safe and reasonable moorage for the boats which can reasonably be expected to be moored. The city will specifically review the size and configuration or each proposed pier or dock to ensure that: a. The pier or dock does not extend waterward beyond the point necessary to provide reasonable draft for the boats to be moored and shall not extend beyond the outer harbor line; and b. The pier or dock is not larger than is necessary to moor the specified number of boats; and c. The pier or dock will not interfere with the public use and enjoyment of the water or create a hazard to navigation; and d. The pier or dock will not adversely affect nearby uses; and Ecology Approved Shoreline Master Program Page 67 of 159 Packet Pg. 187 5.8.b e. The pier or dock will not have a significant long-term adverse effect on aquatic habitats. 3. In order to minimize impacts on nearshore areas and avoid reduction in ambient light level: a. The width of piers, docks and floats shall be the minimum necessary and shall not exceed 4 feet in width, except where specific information on use patterns justifies a greater width. Marine floats shall not exceed 8 feet in width not more than 40 feet in length and freshwater floats shall not exceed 6 feet in width and 20 feet in length unless authorized by a variance. Exceptionally large vessels or vessels that require a relatively deep draft may be required to use a buoy, other alternative mooring scheme, or to moor in a marina. Materials that will allow light to pass through the deck may be required where width exceeds 4 feet. b. Dock surfaces designed to allow maximum light penetration shall be used on walkways or gangplanks in nearshore areas. c. Piers, docks and floats shall be located along a north/south orientation to the maximum extent feasible. d. The surface of new piers, docks and floats shall provide at least 50% functional grating. 4. Waterward of the ordinary high water mark, pier and dock height may not exceed a height of five feet above water level, except that pilings may extend a reasonable amount above dock height to provide for tidal conditions. 5. Prohibited substances. No part of a pier, dock or other components that may come in contact with the water may be treated with or consist, in whole or in part, of creosote, oil based paints, toxic chemicals, or other substances that would be harmful to the aquatic environment, unless specifically permitted and authorized by appropriate state and federal regulatory agencies. 6. If the pier, dock or float will extend waterward of the inner harbor line, the applicant must obtain a lease from the Department of Natural Resources prior to proposing this use. 7. No structure regulated under this section, other than moorage structures and sheds associated with gas and oil sales for boats, may be waterward of the ordinary high water mark. D. Moorage: Piers, Docks, and Floats - Shoreline Area Regulations 1. Urban Railroad: Moorage structures are prohibited. 2. Urban Mixed Use I: Ecology Approved Shoreline Master Program Page 68 of 159 Packet Pg. 188 5.8.b a. Private, shared, public and commercial moorage structures are permitted subject to the policies and regulations of this Master Program. b. Aircraft moorage is prohibited, except that aircraft may be temporarily moored (not to exceed 36 hours) in the event of severe weather conditions. Moorage structures and facilities located may not be located waterward of public parks, public beaches, or public facilities, nor may they be located so as to obstruct waterward view from these public uses. d. Permitted Accessory Uses: i. Boat and motor sales ii. Boat repair and service, including dry docks, boat yards and similar activities iii. Boat motor/engine repair and service; provided, that commercial boat motor/engine repair involving complete engine overhaul or rebuilding shall take place within a building or be screened from public view. iv. Pumping facilities to remove effluent from boat holding tanks v. Dry land boat storage; provided, however, that stacked storage shall not be permitted to exceed the maximum permitted height in the Urban Mixed Use I shoreline environment. vi. Meeting and special event rooms. vii. Gas and oil sales for boats, if; A. All storage tanks are underground and located upland of the ordinary high water mark; and B. The use has facilities to contain and clean up gas and oil spills. C. Gas and oil sales may be conducted with an Overwater shed that is not more than 150 square feet in area and 15 feet in height as measured from the top of the deck. viii. Waste oil storage tanks not to exceed 500 gallons may be located above ground. Hazardous waste may be stored temporarily above ground in not more than nine 55-gallon drums. Such drums shall have secondary containment. Waste oil and hazardous storage tanks for the temporary storage of wastes and hazardous substances which exceed these standards, shall be placed underground. No tank Ecology Approved Shoreline Master Program Page 69 of 159 Packet Pg. 189 5.8.b of any kind intended for the permanent storage of waste or hazardous substances shall be permitted. 3. Urban Mixed Use II a. Private, shared, public and commercial moorage structures are permitted subject to the policies and regulations of this Master Program. b. Aircraft moorage, except that aircraft may be temporarily moored (not to exceed 36 hours) in the event of severe weather conditions. Moorage structures and facilities located may not be located waterward of public parks, public beaches, or public facilities, nor may they be located so as to obstruct waterward view from these public uses. d. Permitted Accessory Uses: i. Boat and motor sales ii. Boat repair and service, including dry docks, boat yards and similar activities iii. Boat motor/engine repair and service; provided, that commercial boat motor/engine repair involving complete engine overhaul or rebuilding shall take place within a building or be screened from public view. iv. Pumping facilities to remove effluent from boat holding tanks v. Dry land boat storage; provided, however, that stacked storage shall not be permitted to exceed the maximum permitted height in the Urban Mixed Use I shoreline environment. vi. Meeting and special event rooms. vii. Gas and oil sales for boats, if; A. All storage tanks are underground and located upland of the ordinary high water mark; and B. The use has facilities to contain and clean up gas and oil spills. C. Gas and oil sales may be conducted with an Overwater shed that is not more than 150 square feet in area and 15 feet in height as measured from the top of the deck. viii. Waste oil storage tanks not to exceed 500 gallons may be located above ground. Hazardous waste may be stored temporarily above ground in not more than nine Ecology Approved Shoreline Master Program Page 70 of 159 Packet Pg. 190 5.8.b 55-gallon drums. Such drums shall have secondary containment. Waste oil and hazardous storage tanks for the temporary storage of wastes and hazardous substances which exceed these standards, shall be placed underground. No tank of any kind intended for permanent storage of waste or hazardous substances shall be permitted. 4. Urban Mixed Use III: Moorage structures are prohibited. 5. Urban Mixed Use IV: Moorage structures are prohibited. 6. Shoreline Residential I: Moorage structures are prohibited. 7. Shoreline Residential II: Moorage structures are prohibited. 8. Shoreline Residential III a. Moorage structures and facilities may only be permitted and used accessory to detached dwelling units on waterfront lots. Use of the moorage structure and facilities is limited to the residents and guests of the waterfront lots to which the moorage is accessory. Moorage space may not be leased, rented, sold, or otherwise made available to other than the residents and guests of the waterfront lots to which the moorage is accessory. b. Accessory uses are not permitted in conjunction with moorage structure. c. Residential Moorage Structure Development Standards: i. Height. The height of a residential dock or pier shall not exceed five feet above the ordinary high water mark. The height of attendant pilings shall not exceed five feet above the ordinary high water mark or that height necessary to provide for temporary emergency protection of floating docks as determined in accord with generally accepted engineering practices. ii. Length. The length of any residential dock or pier shall not exceed the lesser of 35 feet or the average length of existing docks or piers within 300 feet of the subject dock or pier. iii. Width. The width of any residential dock or pier shall not exceed 25 percent of the lot width when measured parallel to the shoreline. A joint use dock located at the property line with another lot which shares the joint use dock may not exceed 25% the total of both lots. iv. Setbacks. All residential docks or piers shall observe a minimum 10-foot side yard setback from a property line or a storm drainage outfall. Joint use docks or piers may be located on the side property line; provided, that the abutting waterfront property owners shall file a joint use maintenance agreement with the Ecology Approved Shoreline Master Program Page 71 of 159 Packet Pg. 191 5.8.b Snohomish County auditor in conjunction with, and as a condition of, the issuance of a building permit. Joint use docks or piers shall observe all other regulations of this subsection. If such joint maintenance agreement is terminated, the dock or pier shall be brought into compliance with the bulk and set back provisions of this Master Program. v. Number. No lot shall have more than one dock or pier or portion thereof located on the lot. vi. Size. No residential dock or pier shall exceed 400 square feet. vii. Floats. Offshore recreational floats are prohibited. viii. Covered Buildings. No covered building shall be allowed on any residential dock or pier. 9. Aquatic I a. Private, shared, and public moorage structures are permitted subject to the policies and regulations of this Master Program. b. If the subject property provides moorage for not more than two boats, the following setbacks apply: i. No moorage structure on private property may be within 25 feet of a public park ii. No moorage structure may be within 25 feet of another moorage structure not on the subject property. iii. The side property line setback is 10 feet for moorage structures, provided that joint or shared moorage facilities may be located within the setback from the lot with whom the facility is shared. c. If the subject property provides moorage for more than two boats, the following setbacks apply: i. No moorage structure on private property maybe within 100 feet of a public park. ii. No moorage structure may be within 25 feet of another moorage structure not on the subject property. iii. The side property line setback is 10 feet. 10. Aquatic II Ecology Approved Shoreline Master Program Page 72 of 159 Packet Pg. 192 5.8.b a. Private, shared, public and commercial moorage structures are permitted subject to the policies and regulations of this Master Program. b. No moorage structure on private property may be within 100 feet of a public park. No moorage structure may be within 25 feet of another moorage structure not on the subject property. d. The side property line setback is 10 feet. 11. Conservancy a. Moorage structures and facilities may only be permitted and used accessory to detached dwelling units on waterfront lots. Use of the moorage structure and facilities is limited to the residents and guests of the waterfront lots to which the moorage is accessory. Moorage space may not be leased, rented, sold, or otherwise made available to other than the residents and guests of the waterfront lots to which the moorage is accessory. b. Moorage structures and facilities may not provide moorage for more than two boats; provided, however, that waterfront lots are encourage to develop joint or shared moorage facilities. If this occurs, the joint or shared moorage facility may contain up to two moorages for each waterfront lot participating in the joint or shared moorage facility. c. Accessory uses are not permitted in conjunction with moorage structure. d. If the subject property provides moorage for not more than two boats, the following setbacks apply: i. No moorage structure on private property may be within 25 feet of a public park. ii. No moorage structure may be within 25 feet of another moorage structure not on the subject property. iii. The side property line setback is 10 feet. e. If the subject property provides moorage for more than two boats, the following setbacks apply: i. No moorage structure on private property may be within 100 feet of a public park. ii. No moorage structure may be with 25 feet of another moorage structure not on the subject property. Ecology Approved Shoreline Master Program Page 73 of 159 Packet Pg. 193 5.8.b iii. The side property line setback is 10 feet for moorage structures, provided that joint or shared moorage facilities may be located within the setback from the lot with whom the facility is shared. 12. Natural. Moorage structures are prohibited. 24.50.040Landfill A. Applicability. 1. Landfill is the creation of or addition to the surface of the land by the filling, placement or depositing of sand, soil, or gravel, or other material on land covered by water, or in a wetland, march, bog, swamp, or similar water detention area. Landfill is normally done for and, in this Master Program, must be associated with a specific purpose or use such as the development of a commercial site, construction of roadways or a jetty. 2. When backfill of bulkhead involves over one cubic yard per lineal foot, such bulkheads shall be evaluated under both this section and ECDC 24.50.020, Shoreline stabilization. B. Fill Policies Landfill should only be permitted to the minimum extent necessary to accommodate an approved shoreline use or development and with assurance of no net loss of shoreline ecological functions and processes. Enhancement and voluntary restoration of landforms and habitat are encouraged. 2. Allow landfills waterward of the ordinary high water mark, in those limited circumstances where permitted, only when necessary to facilitate water -dependent uses or ecological restoration projects that are consistent with this program and the City of Edmonds Comprehensive Plans. Where feasible, public access to the shoreline and the water should be incorporated into the design. C. Landfill Regulations 1. Landfill water ward of the ordinary high water mark may be permitted as a conditional use in limited instances for the following purposes only, with due consideration given to specific site conditions, and only in conjunction with approved shoreline use and development activities that are consistent with this program: a. Water -dependent use permitted under this Master Program. b. To create public use or public recreation areas. c. Cleanup and disposal of contaminated sediments as part of an interagency environmental clean-up plan. Ecology Approved Shoreline Master Program Page 74 of 159 Packet Pg. 194 5.8.b d. Disposal of dredged material considered suitable under, and conducted in accordance with the dredged material management program of the Department of Natural Resources. Expansion or alteration of transportation facilities of statewide significance currently located on the shoreline and then only upon a demonstration that alternatives to fill are not feasible. f. Mitigation action, environmental restoration, beach nourishment or enhancement projects. 2. Landfills shall be permitted only where it is demonstrated that: a. The project has been located, designed, and constructed in a manner that minimizes impacts to ecological processes and functions and where impacts cannot be avoided, mitigation is provided to achieve no net loss. b. The fill will not result in erosion of the shoreline or undermine stability of neighboring properties. The fill is the minimum necessary to reasonably accomplish the purpose for the fill under subsection C.1 of this section. d. Where existing public access will be reduced, equivalent public access has been provided on or off site as part of the project. e. Fill material consists only of soil, sand, rock, or gravel. The fill material must not contain organic or inorganic materials that would be detrimental to water quality or existing habitats. f. Placement of landfill will be timed so as to minimize damage to water quality and aquatic life. 3. The applicant must stabilize exposed fill areas with vegetation. 4. Landfills, beach nourishment and excavation shall be designed to blend physically and visually with existing topography whenever possible, so as not to interfere with long term appropriate use including lawful access and enjoyment of scenery. 5. A temporary erosion and sediment control (TESC) plan shall be provided for all proposed landfill and excavation activities. 6. The fill shall be designed and supervised by a civil engineer or similarly qualified professional. The professional shall certify that the fill meets the following requirements: Ecology Approved Shoreline Master Program Page 75 of 159 Packet Pg. 195 5.8.b a. The fill is designed and executed to minimize adverse impacts on neighboring properties and the environment, and is fully integrated into an otherwise approved facility. b. The fill is designed and executed to provide permanent structural integrity for the fill and surrounding areas. D. Applications for landfill projects shall include the following information: 1. Proposed use of the landfill area. 2. Analysis of the physical, chemical, and biological characteristics of the fill material demonstrating that the fill is of such quality that significant water quality, ecological impacts, and public health problems would not occur from its placement. 3. Fill must meet all state standards. Assessment of water quality impacts shall be included as an attachment. 4. Source of the landfill material. 5. Location of the landfill relating to natural or existing drainage patterns. 6. Location of the perimeter of the landfill relating to the ordinary high water mark and critical areas. The applicant should consult with the Department of Ecology in determining the location of the ordinary high water mark. For development proposals at or water ward of the ordinary high water mark, an OHWM field determination by a qualified professional shall be provided with the application. The field determination shall be consistent with guidance development by the Department of Ecology and is subject to verification by the city of Edmonds and the Department of Ecology. 7. Perimeter erosion control or stabilization means, and schedule for implementation. 8. Type of surfacing and run-off control and treatment devices. E. Shoreline Area Regulations 1. Urban Railroad: Landfill may be allowed as a conditional use subject to the policies and regulations of this Program. 2. Urban Mixed Use I: Landfill is permitted subject to the policies and regulations of this program. 3. Urban Mixed Use II: Landfill is permitted subject to the policies and regulations of this program. Ecology Approved Shoreline Master Program Page 76 of 159 Packet Pg. 196 5.8.b 4. Urban Mixed Use III: Landfill is permitted subject to the policies and regulations of this program. 5. Urban Mixed Use IV: Landfill is permitted subject to the policies and regulations of this program. 6. Shoreline Residential L• Landfill is permitted subject to the policies and regulations of this program. 7. Shoreline Residential II: Landfill is permitted subject to the policies and regulations of this program. 8. Shoreline Residential III: Landfill is permitted subject to the policies and regulations of this program. 9. Aquatic I: Landfill may be allowed as a conditional use subject to the policies and regulations of this Program. 10. Aquatic II: Landfill may be allowed as a conditional use subject to the policies and regulations of this Program. 11. Conservancy: Landfill may be allowed as a conditional use subject to the policies and regulations of this Program. 12. Natural: Landfill may be allowed as a conditional use when necessary to protect or restore shoreline ecological functions subject to policies and regulations of this program 24.50.050Breakwaters, jetties, groins, and weirs A. Applicability: A breakwater is a protective structure usually built offshore to protect harbor areas, moorage, navigation or beaches from wave action. A jetty, groin or weir is a structure usually built singly or in pairs perpendicular to the shore to prevent shoaling or accretion of sediment drift. Projects the requiring fill must also meet the requirements of ECDC 24.50.040, Landfill. B. Breakwaters, Jetties, Groins, and Weirs Policies 1. Breakwaters, jetties, groins, and weirs located waterward of the ordinary high water mark shall be allowed only where necessary to support water -dependent uses, public access, shoreline stabilization, or other specific public purpose. 2. Open pile or floating breakwater designs are preferred. Ecology Approved Shoreline Master Program Page 77 of 159 Packet Pg. 197 5.8.b 3. Solid rock or fill -based weirs, groins and jetties should not be constructed unless it can be demonstrated that they are part of a larger system that will reduce the need for overall shoreline modification and that they are intended to prevent damage to existing structures. They should not be proposed to protect new structures. C. Breakwaters, Jetties, Groins, and Weirs Regulations 1. Breakwaters, Jetties, Groins and Weirs may be allowed provided that: a. Jetties and breakwaters are permitted where they are an integral component of a professionally designed harbor, marina, or port. Where permitted, floating portable or submerged breakwater structures, or small discontinuous structures are preferred where physical conditions make such alternatives with less impact feasible. b. Groins are permitted as a component of a professionally designed community or public beach management program that encompasses an entire drift sector or reach for which alternatives are infeasible. Or where installed to protect or restore shoreline ecological functions. c. The breakwater is essential to the safe operation of a moorage facility. d. The city determines that the location, size, design and accessory components of the moorage facility to be protected by the breakwater provide a public benefit and are within the public interest. e. The breakwater, jetty, groin, or weir is designed to protect critical areas and where impacts are unavoidable, mitigation will be provided to ensure no net loss of ecological functions and processes. 2. Public Access: a. Where appropriate projects shall be required to maintain, replace or enhance existing public access opportunities by incorporating physical or visual access areas and/or facilities into the design of the project. b. Publicly financed or subsidized projects shall not restrict appropriate public access to the shoreline and shall provide new public access except where such access is determined to be infeasible because of incompatible uses, safety, security, or harm to shoreline ecological functions. 3. All breakwaters, jetties, groins, or weirs must be designed and constructed under the supervision of a civil engineer or similarly qualified professional. As part of the application, the engineer or other professional designing the project must certify that: a. The project is designed to meet the requirements of this Program and accomplish the purpose of the project using the best available science. Ecology Approved Shoreline Master Program Page 78 of 159 Packet Pg. 198 5.8.b b. The project is designed to be the minimum necessary to accommodate the proposed purpose. c. The project is designed to have the minimum feasible adverse impacts upon the environment, nearby waterfront properties, and navigation. d. Any unavoidable impacts have been mitigated to ensure no net loss of ecological functions and processes. D. Breakwaters, Jetties, Groins, and Weirs — Shoreline Area Regulations. 1. Urban Railroad: Breakwaters, jetties, groins, and weirs are permitted subject to the policies and regulations of this Program. 2. Urban Mixed Use I: Breakwaters, jetties, groins, and weirs are permitted subject to the policies and regulations of this Program. 3. Urban Mixed Use II: Breakwaters, jetties, groins, and weirs are permitted subject to the policies and regulations of this Program. 4. Urban Mixed Use III: Breakwaters, jetties, groins, and weirs are prohibited. 5. Urban Mixed Use IV: Breakwaters, jetties, groins, and weirs are permitted subject to the policies and regulations of this Program. 6. Shoreline Residential I: Breakwaters, jetties, groins, and weirs are prohibited. 7. Shoreline Residential II: Breakwaters, jetties, groins, and weirs are prohibited. 8. Shoreline Residential III: a. Bulkheads are permitted subject to the policies and regulations of this Program. b. Jetties, groins, and weirs are prohibited. 9. Aquatic I: Breakwaters, jetties, groins, and weirs may be permitted as a conditional use subject to the policies and regulations of this Program. 10. Aquatic II: Breakwaters, jetties, groins, and weirs may be permitted as a conditional use subject to the policies and regulations of this Program. 11. Conservancy: a. Breakwaters and jetties maybe permitted as a conditional use if accessory to a water - dependent use and littoral sediment transport is not significantly disrupted. Ecology Approved Shoreline Master Program Page 79 of 159 Packet Pg. 199 5.8.b b. Groins may be permitted as a conditional use when necessary to protect or restore shoreline ecological functions subject to policies and regulations of this program. 12. Natural: Breakwaters, jetties, groins, and weirs may be permitted as a conditional use when necessary to protect or restore shoreline ecological functions subject to policies and regulations of this program. 24.50.060Dredging and dredge material disposal A. Applicability. Dredging is the removal or displacement of earth such as gravel, sand, mud, or silt from lands covered by water. Lands covered by water include tidelands, marinas, and wetlands. Dredging is normally done for, and in this Master Program must be associated with, a specific purpose or use such as maintaining navigation channels, developing/expanding marinas, constructing bridge footings, laying submarine cable and in some cases aquaculture (See Aquaculture Section ECDC 24.60.010). Dredging to restore preexisting contours within a designated and authorized navigation channel, marina or basin is considered normal maintenance and is exempt from the requirement for a substantial development permit. Dredging is only maintenance where there is a designated and authorized facility such as a marina, federal navigation channel or berth authorized by permit. If an operation expands an existing the channel or basin, a permit is required even if the marina or similar project has been operation for years. Dredge spoil is the material removed by dredging. Dredge spoil disposal is the depositing of dredge materials on land or into water bodies for the purpose of either creating new or additional lands or for disposing of the dredge material (See also, Landfill Section, ECDC 24.50.040). B. Dredging and dredge material policies 1. Site and design new development to avoid or, if that is not possible, to minimize the need for new and maintenance dredging. 2. Dredging waterward of the ordinary high water mark for the primary purpose of obtaining fill material shall not be allowed, except when the material is necessary for the restoration of ecological functions. 3. Dredging should be permitted for water -dependent uses of economic importance to the region and/or essential public facilities only when necessary and when alternatives are infeasible or less consistent with this Program. Ecology Approved Shoreline Master Program Page 80 of 159 Packet Pg. 200 5.8.b 4. Plan and conduct dredge and dredge disposal operations in a manner that avoids or minimizes interference with navigation and significant ecological impacts. Impacts which cannot be avoided should be mitigated in a manner that assures no net loss of shoreline ecological functions. S. Minor dredging for fill materials as part of ecological restoration or enhancement, beach nourishment, public access or public recreation should be permitted if consistent with this Program. C. Dredging and dredge material regulations 1. Dredging shall only be permitted for the following activities: a. Development of approved wet moorages, harbors, ports and water -dependent industries of economic importance to the region only when there are no feasible alternatives. b. Maintenance dredging for the purpose of restoring a lawfully established development. c. Establishing, expanding, relocating or reconfiguring navigation channels where necessary to assure safe and efficient accommodation of existing navigational uses. Maintenance dredging of established navigation channels and basins shall be restricted to maintaining previously dredge and/or existing authorized location, depth, and width. d. To remove silt or sediment deposited because of severe and unusual erosion or resulting from the existence of a bulkhead on nearby property. e. To provide sufficient draft for boat moorage. f. Restoration or enhancement of shoreline ecological functions and processes benefiting water quality and/or fish and wildlife habitat. g. Dredging waterward of the ordinary high water mark for the primary purpose of obtaining fill material shall not be allowed, except when the material is necessary for the restoration of ecological functions. When allowed, the site where the fill is to be placed must be located waterward of the ordinary high water mark. The project must be either associated with a MRCA or CERCLA habitat restoration project or, if approved through a shoreline conditional use permit, any other significant habitat enhancement project. 2. The existing physical alignment and ecological function and processes shall be maintained, except to improve hydraulic function, water quality, fish or wildlife habitat, or fish passage. Ecology Approved Shoreline Master Program Page 81 of 159 Packet Pg. 201 5.8.b 3. New development shall be sited and designed avoid or, if that is not possible, to minimize the need for new and/or maintenance dredging. 4. Dredge Spoils. a. Dredge spoil disposal in open waters may be approved only in accordance with the Puget Sound Dredged Disposal Analysis (PSDDA) evaluation procedures for managing in -water disposal of dredge material; when approved by applicable agencies, which may include the U.S. Army Corps of Engineers pursuant to section 109Rivers and harbors ActO and Section 404 (Clean Water Act) permits, and Washington State Department of fish and Wildlife hydraulic Project approval (HPA); and when found to meet the following conditions. i. Land disposal is infeasible, less consistent with this Program, or prohibited by law. ii. Nearshore disposal as part of a program to restore or enhance shoreline ecological functions and processes is not feasible. iii. Offshore habitat will be protected, restored, or enhanced. iv. Adverse effects on water quality or biologic resources from contaminated materials will be mitigated. v. Shifting and dispersal of spoil will be minimal. vi. Water quality will not be adversely affected. b. Dredging spoils may be used as fill or landscape material for a development in the shoreline areas that is otherwise approved by the city under this Program (ECDC 24.50.040). The city may permit dredging spoils to be temporarily deposited in the shoreline area for transfer and removal to an approved disposal site. The dredging spoils may not be stored in the shoreline area longer than is reasonably necessary and must be stored in a manner that will protect the environment and neighboring properties from undesirable effect and adverse impacts. d. Dredge spoil disposal is prohibited on marine shorelines between the line of extreme low tide and the ordinary high water mark, and on Lake Ballinger shorelines or beds; except that, dredge spoil may be used in approved projects for the restoration or enhancement of shoreline ecological functions and processes, such as beach nourishment. e. The City may impose reasonable limitation on dredge disposal operating periods and hours and may require provision for buffer strips at land disposal sites. Ecology Approved Shoreline Master Program Page 82 of 159 Packet Pg. 202 5.8.b 5. Proposals for dredging and dredge spoil disposal, when permitted, shall: a. Be kept to the minimum necessary to accommodate the proposed use. b. Include all feasible mitigating measures to protect habitats and to minimize adverse impacts such as turbidity, release of nutrients, heavy metals, sulfides, organic materials, or toxic substances, depletion of oxygen, disruption of food chains, loss of benthic productivity, and disturbance of fish runs and important localized biological communities. Be scheduled so as to not materially interfere with the migratory movements of anadromous fish. d. Utilize techniques that cause minimum dispersal and broadcast of bottom material. e. Not interfere with geohydraulic processes. f. Be found, through analysis by qualified professional, to be nonpolluting or shall have no significant negative pollution impact. g. Meet all requirements of applicable regulatory agencies. h. Not result in erosion of the shoreline or undermine the stability of neighboring properties. D. Dredging and Dredge Material Application. Applications for shoreline dredging and dredge spoil disposal shall provide, at a minimum, the following information: 1. A description of the purpose of the proposed dredging and an analysis of compliance with the policies and regulations of this Program. 2. A detailed description of the existing physical character, shoreline geomorphology and biological resources provided by the area proposed to be dredged, including: a. A site plan map outlining the perimeter of the proposed dredge area. The map must also include the existing bathymetry depths based on Mean Lower Low Water (MLLW) and have data points at a minimum of 2-foot depth increments. b. A habitat survey must be conducted and WDFW must be contacted to ensure the survey is conducted according to the most recent WDFW eelgrass/macroalgae survey guidelines. Information on stability of bedlands adjacent to proposed dredging and spoils disposal areas. Ecology Approved Shoreline Master Program Page 83 of 159 Packet Pg. 203 5.8.b 3. A detailed description of the physical, chemical and biological characteristics of the dredge spoils to be removed, including: a. Physical analysis of material to be dredged: material composition and amount, grain size, organic materials present, source of material, etc. b. Chemical analysis of material to be dredged: volatile solids, chemical oxygen demand (COD), grease and oil content, mercury, lead and zinc content, etc. c. Biological analysis of material to be dredged. 4. A description of the method of materials removal, including facilities for settlement and movement. a. Dredging procedure: length of time it will take to complete dredging, method of dredging and amount of materials removed. b. Frequency and quantity of project maintenance dredging. 5. Detailed plans for dredge spoil disposal, including specific land disposal sites and relevant information on the disposal site, including but not limited to: a. Spoils disposal area: i. Physical characteristics including location, topography, existing drainage patterns, surface and ground water; ii. Size and capacity of disposal site; iii. Means of transportation to the disposal site; iv. Proposed dewatering and stabilization of spoils; v. Methods of controlling erosion and sedimentation; and vi. Future use of the site and conformance with land use policies and regulations. b. Total initial spoils volume. c. Plan for disposal of maintenance spoils. 6. Hydraulic modeling studies sufficient to identify existing geo-hydraulic patterns and probable effects of dredging. E. Dredging and dredge material disposal — Shoreline Area Regulations Ecology Approved Shoreline Master Program Page 84 of 159 Packet Pg. 204 5.8.b 1. Urban Railroad: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. 2. Urban Mixed Use I: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. 3. Urban Mixed Use II: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. 4. Urban Mixed Use III: Dredging is prohibited except that dredging is permitted as an essential element of an approved shore restoration or enhancement plan, subject to the policies and regulations of this Program. 5. Urban Mixed Use IV: Dredging is prohibited except that dredging is permitted as an essential element of an approved shore restoration or enhancement plan, subject to the policies and regulations of this Program. 6. Shoreline Residential I: Dredging is prohibited except that dredging is permitted as an essential element of an approved shore restoration or enhancement plan, subject to the policies and regulations of this Program. 7. Shoreline Residential II: Dredging is prohibited except that dredging is permitted as an essential element of an approved shore restoration or enhancement plan, subject to the policies and regulations of this Program. 8. Shoreline Residential III: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. 9. Aquatic I: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. Maintenance dredging pursuant to ECDC 24.50.060.C. Lb and .c is permitted subject to the policies and regulations of this Program without a conditional use permit provided the original constructed bottom contours have been established and documented in a prior shoreline permit authorization. 10. Aquatic II: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. Maintenance dredging pursuant to ECDC 24.50.060.C. Lb and .c is permitted subject to the policies and regulations of this Program without a conditional use permit provided the original constructed bottom contours have been established and documented in a prior shoreline permit authorization. 11. Conservancy: Dredging may be permitted as a conditional use subject to the policies and regulations of this Program. 12. Natural: Dredging is prohibited except that dredging is permitted as an essential element of an approved shore restoration or enhancement plan, subject to the policies and regulations of this Program. Ecology Approved Shoreline Master Program Page 85 of 159 Packet Pg. 205 5.8.b 24.50.070 Shoreline habitat and natural systems restoration and enhancement projects A. Applicability. Shoreline habitat and natural systems enhancement projects include those activities proposed and conducted specifically for the purpose of establishing, restoring, or enhancing habitat for priority species in shorelines. B. Shoreline Habitat and Natural Systems Restoration and Enhancement Projects Policies 1. This program recognizes the importance of the restoration of shoreline ecological functions and processes and encourages cooperative restoration efforts and programs between local, state and federal agencies, tribes, non-profit organizations, and landowners to address shorelines with impaired ecological functions and/or processes. 2. Restoration and enhancement actions should restore shoreline ecological functions and processes as well as shoreline features and should be targeted towards meeting the needs of sensitive and/or locally important plant, fish and wildlife species. 3. Priority should be given to restoration and enhancement actions that: a. Create dynamic and sustainable ecosystems. b. Improve water quality. Restore native vegetation and natural hydrologic functions of degraded and former wetlands. d. Restore nearshore ecosystems processes, such as sediment transport and delivery and tidal currents that create and sustain habitat. e. Restore freshwater, nearshore, and estuarine habitat and habitat -forming processes. f. Mitigate erosive and associated impacts caused by stormwater runoff. g. Protect and restore wildlife corridors. h. Protect and restore native species of vegetation, fish, and wildlife. C. Shoreline Habitat and Natural Systems Restoration and Enhancement Projects Regulations. Restoration shall be carried out in accordance with the approved shoreline restoration plan and in accordance with the policies and regulation of this Program. D. Shoreline Habitat and Natural Systems Restoration and Enhancement Projects — Shoreline Area Regulations Ecology Approved Shoreline Master Program Page 86 of 159 Packet Pg. 206 5.8.b 1. Urban Railroad: Restoration activities are permitted subject to policies and regulations of this Program. 2. Urban Mixed Use 1;• Restoration activities are permitted subject to policies and regulations of this Program. 3. Urban Mixed Use II: Restoration activities are permitted subject to policies and regulations of this Program. 4. Urban Mixed Use III: Restoration activities are permitted subject to policies and regulations of this Program. 5. Urban Mixed Use IV: Restoration activities are permitted subject to policies and regulations of this Program. 6. Shoreline Residential I: Restoration activities are permitted subject to policies and regulations of this Program. 7. Shoreline Residential II: Restoration activities are permitted subject to policies and regulations of this Program. 8. Shoreline Residential III: Restoration activities are permitted subject to policies and regulations of this Program. 9. Aquatic I: Restoration activities are permitted subject to policies and regulations of this Program. 10. Aquatic II: Restoration activities are permitted subject to policies and regulations of this Program. 11. Conservancy: Restoration activities are permitted subject to policies and regulations of this Program. 12. Natural: Restoration activities are permitted subject to policies and regulations of this Program. Part VISpecific Use Policies & Regulations 24.60.000 Applicability Shoreline use and development shall be classified by the Administrator and regulated under one or more of the following applicable sections of this Chapter. Unless otherwise stated, all use and Ecology Approved Shoreline Master Program Page 87 of 159 Packet Pg. 207 5.8.b development shall also comply with all of the General Policy and Regulations in Part IV of this Program and all of the Specific Modification Policies and Regulations in Part V of this Program 24.60.010Aquaculture A. Applicability Aquaculture is the farming or culture of food fish, shellfish, or other aquatic plants or animals any may require development such as fish hatcheries, rearing pens and structures, and shellfish rafts, as well as use of natural spawning and rearing areas. Aquaculture does not include the harvest of free-swimming fish or the harvest of shellfish not artificially planted or maintained. B. Aquaculture Policies Aquaculture is a water -dependent use and, when consistent with control of pollution and avoidance of adverse impacts to the environment and preservation of habitat for resident native species, is a preferred use of the shoreline. 2. Potential locations for aquaculture activities are relatively restricted because of specific requirements related to water quality, temperature, oxygen content, currents, adjacent land use, wind protection, commercial navigation, and salinity. The technology associated with some forms of aquaculture is still experimental and in formative states. Therefore, some latitude should be given when implementing the regulations of this section, provided that potential impacts on existing uses and shoreline ecological functions and processes should be given due consideration. 3. Preference should be given to those forms of aquaculture that involve lesser environmental and visual impacts and lesser impacts to native plant and animal species. In general, projects that require no structures, submerged structures or intertidal structures are preferred over those that involve substantial floating structures. Projects the involve little or no substrate modification are preferred over those that involve substantial modification. Projects that involve little or no supplemental food sources, pesticides, herbicides or antibiotic application are preferred over those that involve such practices. 4. Aquaculture activities should be designed, located and operated in a manner that supports long term beneficial use of the shoreline and protects and maintains shoreline ecological functions and processes. 5. Aquaculture should not be permitted where it would resulting a net loss of shoreline ecological functions; adversely affect the quality or extent of habitat of native species including eelgrass, kelp, and other macroalgae; adversely impact other habitat conservation areas; or interfere with navigation or other water -dependent uses. Ecology Approved Shoreline Master Program Page 88 of 159 Packet Pg. 208 5.8.b 6. Aquaculture facilities should be designed and located so as not to spread disease to native aquatic life, establish new nonnative species which cause significant ecological impacts, or significantly impact the aesthetic qualities of the shoreline. 7. The City should actively seek substantive comment on any shoreline permit application for aquaculture form all appropriate Federal, State, and local agencies; affected tribes; and the general public regarding potential adverse impacts. Comments of nearby residents or property owners directly affected by a proposal should be considered and evaluated, especially in regard to use compatibility and aesthetics. C. Aquaculture Regulations 1. Aquaculture that involves little or no substrate modification shall be given preference over those that involve substantial modification. The application/proponent shall demonstrate that the degree of proposed substrate modification is the minimum necessary for feasible aquaculture operations at the site. 2. The installation of submerged structures, intertidal structures, and floating structures shall be allowed only when the applicant/proponent demonstrates that no alternative method of operation is feasible. 3. Aquaculture proposals that involve substantial substrate modification or sedimentation through dredging, trenching, digging, mechanical harvesting, or other similar mechanisms, shall not be permitted in areas where the proposal would adversely impact existing kelp beds or other macroalgae, eelgrass beds or habitat conservation areas. 4. Aquaculture activities, which would have a significant adverse impact on natural dynamic shoreline processes or which would result in a net loss of shoreline ecological functions, shall be prohibited. 5. Aquaculture practices shall be designed to minimize use of artificial substances and shall use chemical compounds that are least persistent and have the least impact on plants and animals. 6. If uncertainty exists regarding potential impacts of a proposed aquaculture activity, and for all experimental aquaculture activities, baseline and periodic operational monitoring by a City -approved consultant (unless otherwise provided for) may be required, at the applicant's/proponent's expense, and shall continue until adequate information is available to determine the success of the project and/or the magnitude of any probable significant adverse environmental impacts. Permits for such activities shall include specific performance measures and provisions for adjustment or termination of the project at any time if monitoring indicates significant, adverse environmental impacts that cannot be adequately mitigated. 7. New aquatic species that have not previously been cultivated in Washington State shall not be introduced into City of Edmonds waters without prior written approval of the Ecology Approved Shoreline Master Program Page 89 of 159 Packet Pg. 209 5.8.b Director of the Washington State Department of Fish and Wildlife and the Director of the Washington Department of Health. 8. For aquaculture projects using over -water structures, storage of necessary tools and apparatus waterward of the ordinary high water mark shall be limited to containers of not more than 3 feet in height, as measured from the surface of the raft or dock. 9. No processing of any aquaculture product, except for the sorting or culling of the cultured organism and the washing or removal of surface materials or organisms after harvest, shall occur in or over the water unless specifically approved by permit. All other processing and processing facilities shall be located on land and shall be subject to the policies and regulations of this Master Program. 10. Aquaculture wastes shall be disposed of in a manner that will ensure strict compliance with all applicable governmental waste disposal standards, including but not limited to the Federal Clean Water Act, Section 401, and the Washington State Water Pollution Control Act (RCW 90.480. No garbage, wastes or debris shall be allowed to accumulate at the site of any aquaculture operation. 11. Predator control shall not involve the killing or harassment of birds or mammals. Approved controls include, but are not limited to, double netting for seals, overhead netting for birds, and 3-foot high fencing or netting for otters. The use of other non- lethal, non -abusive predator control measures shall be contingent upon receipt of written approval form the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service, as required. 12. All floating and submerged aquaculture structures and facilities in navigable waters shall be marked in accordance with U.S. Coast Guard requirements. D. Aquaculture Application Requirements 1. Applications for aquaculture use or development shall include in their applications all information necessary to conduct a thorough evaluation of the proposed aquaculture activity, including but not limited to the following: a. A site plan map including: i. The perimeter of the proposed aquaculture operations area. ii. Existing bathymetry depths based on Mean Lower Low Water (MLLW datum). iii. Adjacent upland use, vegetation, presence of structures, docks, bulkheads and other modifications. If there are shore stabilization structures, provide the beach elevation at the toe of the structure and the top of the structure (MLLW datum). Ecology Approved Shoreline Master Program Page 90 of 159 Packet Pg. 210 5.8.b iv. Areas where specific substrate modification will take place or structures will be constructed or installed. a v. Access provisions for barges or track equipment. E L vi. Location of storage or processing structures or facilities. c L a. b. A baseline description of existing conditions, including best available information on;; N i. Water quality. c as ii. Tidal variations. Lo U) iii. Prevailing storm wind conditions. M T N iv. Current flows. v. Flushing rates. vi. Littoral drift. vii. Areas of differing substrate composition. viii. Areas of aquatic, intertidal, and upland vegetation complexes. ix. Existing shoreline or water uses and structures. x. Aquatic and benthic organisms. xi. A vegetation habitat survey must be conducted. The WDFW must be contacted prior to the survey to ensure it is conducted according to the most current WDFW eelgrass/macroalgae survey guidelines. xii. Further baseline studies including surveys and sampling may be required depending upon the adequacy of available information, existing conditions, and the nature of the proposal. c. A detailed description of the project proposal including: i. Species to be reared. ii. Substrate modification or vegetation removal. iii. Planting, harvest and processing location, method and timing, including work proposal and construction techniques proposed, type of work, frequency, and duration. Ecology Approved Shoreline Master Program Page 91 of 159 Packet Pg. 211 5.8.b d. Anticipated use of any feed, pesticides, herbicides, antibiotics, vaccines, growth stimulants, antifouling agents, or other chemicals, and an assessment of predicted impacts. No such materials shall be used until approval is obtained from all appropriate State and Federal agencies, including but not limited to the U.S. Food and Drug Administration, and the Washington State Departments of Ecology, Fish and Wildlife, and Agriculture, as required, and proof thereof is submitted to the City. Compounds with the least persistence shall be used. Number of employees/workers necessary for the project, including average and peak employment. f. Methods of waste disposal and predator control. g. Methods to address pollutant loading, including biological oxygen demand (BOD). h. Assessment of potential impacts on shoreline ecological functions and processes addressing the baseline conditions identified, including but not limited to indirect cumulative effects. i. For floating culture facilities or other structures, the City may require a visual impact analysis. Depending on the size and complexity of the proposal, such analysis may be prepared by the applicant/proponent, without professional assistance, provided that it includes an adequate assessment of impacts. j. Information demonstrating that the site has natural potential for the type(s) of aquaculture proposed, due to necessary substrate or other conditions, as well as water quality suitable for the type(s) of aquaculture proposed. k. Information demonstrating that the proposed aquaculture activities will not result in a net loss of shoreline ecological functions or processes or adversely affect habitat conservation areas. Information demonstrating that the proposed aquaculture activities will not substantially and materially conflict with areas devoted to established uses of the aquatic environment. Such uses include but are not limited to navigation, moorage, sport or commercial fishing, log rafting, underwater utilities, and scientific research. Existing public opportunities for gather wild stock aquatic resources on public lands shall be address in any application for aquaculture on public tidelands or bedlands. Compensation for loss of public access to public aquatic resources may be required. 2. Application for aquaculture activities must demonstrate that the proposed activity will be compatible with surrounding existing and planned uses. Ecology Approved Shoreline Master Program Page 92 of 159 Packet Pg. 212 5.8.b a. Aquaculture activates shall comply with all applicable noise, air, and water quality standards. All projects shall be designed, operated and maintained to minimize odor and noise. b. Aquaculture activities shall be restricted to reasonable hours and/or days of operation when necessary to minimize substantial, adverse impact from noise, light, and/or glare on nearby residents, other sensitive uses or critical habitat. c. Aquaculture facilities shall not introduce incompatible visual elements or substantially degrade the aesthetic qualities of the shoreline. Aquaculture structures and equipment, except navigation aids, shall be designed, operated and maintained to blend into their surroundings through the use of appropriate colors and materials. E. Aquaculture — Shoreline Area Regulations 1. Urban Railroad: Aquaculture is prohibited. 2. Urban Mixed Use I: Aquaculture may be permitted as a conditional use subject to policies and regulations of this Program. 3. Urban Mixed Use Il;• Aquaculture may be permitted as a conditional use subject to policies and regulations of this Program. 4. Urban Mixed Use III: Aquaculture is prohibited. 5. Urban Mixed Use IV: Aquaculture may be permitted as a conditional use subject to policies and regulations of this Program. 6. Shoreline Residential 1;• Aquaculture is prohibited. 7. Shoreline Residential Il;• Aquaculture is prohibited. 8. Shoreline Residential III: Aquaculture is prohibited. 9. Aquatic I: Aquaculture may be permitted as a conditional use subject to policies and regulations of this Program. 10. Aquatic II: Aquaculture may be permitted as a conditional use subject to policies and regulations of this Program. 11. Conservancy: Aquaculture may be permitted as a conditional use subject to policies and regulations of this Program. 12. Natural: Aquaculture activities that do not require structures, facilities, or mechanized harvest practices, and that will not result in the alteration of natural systems or features may be permitted as a conditional use subject to policies and regulations of this Program. Ecology Approved Shoreline Master Program Page 93 of 159 Packet Pg. 213 5.8.b 24.60.020 Boating Facilities A. Applicability The section applies to facilities that provide launching, storage, supplies, moorage, and other services for five or more pleasure and/or commercial watercraft. Commercial development, not accessory to the operation of a marina, shall comply with ECDC 24.60.030, Commercial Development. For the purposes of this section, boating facilities excludes docks serving four or fewer single family residences which are subject to the policies and regulations of ECDC 24.50.030, Piers, Docks and Floats. B. Boating Facilities Policies 1. Boating facilities, including marinas and launch ramps, are water -dependent uses and should be given priority for shoreline location. Boating facilities should contribute to public access and enjoyment of waters of the state. 2. Boating facilities should provide physical and visual public shoreline access and provide for multiple use, including water -related use, to the extent compatible with shoreline ecological functions and processes and adjacent shoreline use. 3. Accessory uses to boating facilities should be limited to water -oriented uses, or uses that provide physical or visual shoreline access for substantial number of the general public. 4. Boating facilities shall be located, designed, constructed and operated in a manner that will minimize damage to shoreline processes and functions. When impacts cannot be avoided, impacts must be mitigated to assure no net loss of ecological function necessary to sustain shoreline resources. 5. Boating facilities should be located, designed and operated so that other appropriate water -dependent uses are not adversely affected. 6. Location and design of boating facilities should not unduly obstruct navigable waters and should avoid adverse effects to recreation opportunities such as fishing, pleasure boating, commercial aquaculture, swimming, beach walking, picnicking and shoreline viewing. 7. Boating facilities should be located, designed, constructed and maintained to avoid adverse proximity impacts such as noise, light and glare; aesthetic impacts to adjacent land uses; impacts to public visual access to the shoreline. C. Boating Facilities Regulations 1. The following moorage structures are prohibited in the shoreline jurisdiction: Ecology Approved Shoreline Master Program Page 94 of 159 Packet Pg. 214 5.8.b a. Aircraft moorage, except that aircraft may be temporarily moored (not to exceed 36 hours) in the event of severe weather conditions. b. Covered moorage. 2. Marinas or launch ramps shall not be permitted within the following marine shoreline habitats because of their scarcity, biological productivity and sensitivity unless no alternative location is feasible, the project would not result in a net loss of shoreline ecological functions, and the proposal is otherwise consistent with this Program. a. Marshes, estuaries and other wetlands; b. Tidal pools and rock shores; c. Kelp beds, eelgrass beds, spawning and holding areas for forage fish(such as herring, surf smelt and sand lance); d. Subsistence, commercial and recreational shellfish beds; and e. Other critical saltwater habitats 3. Boating facilities and accessory uses shall be designed so that lawfully existing or planned public shoreline access and/or navigation rights are not unnecessarily blocked, obstructed or made dangerous. 4. The boating facility shall be designed to avoid the need for maintenance dredging. 5. Boat Storage: a. Marinas shall provide dry upland boat storage with a launch mechanism to protect shoreline ecological functions and processes, efficient use shoreline space and minimize consumption of public water surface area unless: i. No suitable upland locations exist for such facilities; or ii. It can be demonstrated that wet moorage would result in fewer impacts to ecological functions and processes; or iii. It can be demonstrated that wet moorage would enhance public use of the shoreline. b. Dry moorage and other storage areas should be located away from the shoreline and be landscaped with native vegetation to provide a visual and noise buffer for adjoining uses. 6. Waste Disposal. Ecology Approved Shoreline Master Program Page 95 of 159 Packet Pg. 215 5.8.b a. Marinas shall provide pump out, holding, and/or treatment facilities for sewage contained on boats or vessels. b. Discharge of solid waste of sewage into a water body is prohibited. Marinas and boat launch ramps shall provide adequate restroom and sewage disposal facilities in compliance with applicable health regulations. c. Garbage or litter receptacles shall be provided and maintained by the operator at several locations convenient to users. d. Marina operators shall post all BMP's pertaining to handling, disposal and reporting of waste, sewage, fuel, oil or toxic materials where all users may easily read them. 7. Oil Product Handling, Spills, and Wastes. Fail safe facilities and procedures for receiving, storing, dispensing, and disposing of oil or hazardous projects, as well as a spill response plan for oil and other products, shall be required of new marinas and expansion or substantial alteration of existing marinas. Compliance with Federal or State law may fulfill this requirement. Handling of fuels, chemicals or other toxic materials must be in compliance with all applicable Federal and State water quality laws as well as health, safety and engineering requirements. Spill prevention and response, including report requirements, follow applicable Federal and State requirements. 8. Public Access. Marinas and boat launches shall provide public access for as many water - dependent recreational uses as possible, commensurate with the scale of the proposal. Features for such access could include but are not limited to docks and piers, pedestrian bridges to offshore structures, fishing platforms, artificial pocket beaches, and underwater diving and viewing platforms. 9. Prohibited substances. No part of a boating facility that may come in contact with the water may be treated with or consist of creosote, oil based paints, toxic chemicals, or other substances that would be harmful to the aquatic environment, unless specifically permitted and authorized by appropriate State and Federal regulatory agencies. 10. If the boating facility will extend waterward of the inner harbor line or extended mooring on waters of the state is proposed, the applicant must obtain a lease from the Department of Natural Resources prior to proposing this use. 11. No structure regulated under this section, other than moorage structures, boat gear storage lockers, and sheds associated with gas and oil sales for boats, may be waterward of the ordinary high water mark. D. Boating Facilities — Shoreline Area Regulations 1. Urban Railroad: Boating facilities are prohibited. Ecology Approved Shoreline Master Program Page 96 of 159 Packet Pg. 216 5.8.b 2. Urban Mixed Use I a. Boating facilities are permitted subject to the policies and regulations of this Master Program. b. Permitted Accessory Uses: i. Boat and motor sales ii. Boat repair and service, including dry docks, boat yards and similar activities iii. Boat motor/engine repair and service; provided, that commercial boat motor/engine repair involving complete engine overhaul or rebuilding shall take place within a building or be screened from public view. iv. Pumping facilities to remove effluent from boat holding tanks v. Dry land boat storage; provided, however, that stacked storage shall not be permitted to exceed the maximum permitted height in the Urban Mixed Use I shoreline environment. vi. Meeting and special event rooms. vii. Gas and oil sales for boats, if; A. All storage tanks are underground and located upland of the ordinary high water mark; and B. The use has facilities to contain and clean up gas and oil spills. C. Gas and oil sales may be conducted with an Overwater shed that is not more than 150 square feet in area and 15 feet in height as measured from the top of the deck. viii. Boat launch ramps that meet the following requirements: A. The ramp is paved with concrete. B. There is sufficient room on the subject property for maneuvering and parking so that traffic impact on the adjacent public right-of-way will not be significant. C. Access to the ramp is not directly from the adjacent public right-of-way. D. The design of the site is specifically approved by the city. Ecology Approved Shoreline Master Program Page 97 of 159 Packet Pg. 217 5.8.b ix. Waste oil storage tanks not to exceed 500 gallons may be located above ground. Hazardous waste may be stored temporarily above ground in not more than nine 55-gallon drums. Such drums shall have secondary containment. Waste oil and hazardous storage tanks for the temporary storage of waste or hazardous substances which exceed these standards must be place underground. No tank of any kind intended for the permanent storage of waste or hazardous substances shall be permitted 3. Urban Mixed Use I1 a. Boating facilities are permitted subject to the policies and regulations of this Master Program. b. Moorage structures and boating facilities may not be located waterward of public parks, public beaches, or public facilities, nor may they be located so as to obstruct waterward view from these public uses. c. Permitted Accessory Uses: i. Boat and motor sales ii. Boat repair and service, including dry docks, boat yards and similar activities iii. Boat motor/engine repair and service; provided, that commercial boat motor/engine repair involving complete engine overhaul or rebuilding shall take place within a building or be screened from public view. iv. Pumping facilities to remove effluent from boat holding tanks v. Meeting and special event rooms. vi. Gas and oil sales for boats, if; 1. All storage tanks are underground and located upland of the ordinary high water mark; and 2. The use has facilities to contain and clean up gas and oil spills. 3. Gas and oil sales may be conducted with an Overwater shed that is not more than 150 square feet in area and 15 feet in height as measured from the top of the deck. vii. Boat launch ramps that meet the following requirements: 1. The ramp is paved with concrete. Ecology Approved Shoreline Master Program Page 98 of 159 Packet Pg. 218 5.8.b 2. There is sufficient room on the subject property for maneuvering and parking so that traffic impact on the adjacent public right-of-way will not be significant. 3. Access to the ramp is not directly from the adjacent public right-of-way. 4. The design of the site is specifically approved by the city. viii. Waste oil storage tanks not to exceed 500 gallons may be located above ground. Hazardous waste may be stored temporarily above ground in not more than nine 55-gallon drums. Such drums shall have secondary containment. Waste oil and hazardous storage tanks for the temporary storage of waste or hazardous substances which exceed these standards must be placed underground. No tank of any kind intended for the permanent storage of waste or hazardous substances shall be permitted. 4. Urban Mixed Use III: Boating facilities are prohibited. 5. Urban Mixed Use IV: Boating facilities are prohibited. 6. Shoreline Residential L Boating facilities are prohibited. 7. Shoreline Residential II. Boating facilities are prohibited. 8. Shoreline Residential III a. Boating facilities are permitted subject to the policies and regulations of this Master Program. b. Accessory uses are not permitted in conjunction with moorage structure. Moorage structures and boating facilities may only be developed and used accessory to detached dwelling units on waterfront lots. Use of the moorage structure and facilities is limited to the residents and guests of the waterfront lots to which the moorage is accessory. Moorage space may not be leased, rented, sold, or otherwise made available to other than the residents and guests of the waterfront lots to which the moorage is accessory. 9. Aquatic I a. Boating facilities are permitted subject to the policies and regulations of this Master Program. b. If the subject property provides moorage for not more than two boats, the following setbacks apply: Ecology Approved Shoreline Master Program Page 99 of 159 Packet Pg. 219 5.8.b i. No moorage structure on private property may be within 25 feet of a public park. ii. No moorage structure may be within 25 feet of another moorage structure not on the subject property. iii. The side property line setback is 10 feet, provided however that joint use moorage facilities may be located within the setback with the lot which shares the facility. c. If the subject property provides moorage for more than two boats, the following setbacks apply: i. No moorage structure on private property may be within 100 feet of a public park ii. No moorage structure may be within 25 feet of another moorage structure not on the subject property. iii. The side property line setback is 10 feet, provided however that joint use moorage facilities may be located within the setback with the lot which shares the facility. d. Boat gear storage lockers shall not exceed 18 square feet in area and three feet in height as measured from the top of the deck. Only one storage locker is permitted per boat slip. 10. Aquatic II a. Boating facilities are permitted subject to the policies and regulations of this Master Program. b. No moorage structure on private property maybe within 100 feet of a public park. No moorage structure may be within 25 feet of another moorage structure not on the subject property. d. The side property line setback is 10 feet, provided however that joint use moorage facilities may be located within the setback with the lot which shares the facility. e. Boat gear storage lockers shall not exceed 18 square feet in area and three feet in height as measured from the top of the deck. Only one storage locker is permitted per boat slip. This provision does not apply to under covered moorage structures. 11. Conservancy a. Boating facilities are permitted subject to the policies and regulations of this Master Program. b. Accessory uses are not permitted in conjunction with boating facilities. Ecology Approved Shoreline Master Program Page 100 of 159 Packet Pg. 220 5.8.b Moorage structures and boating facilities may only be developed and used accessory to detached dwelling units on waterfront lots. Use of the moorage structure and facilities is limited to the residents and guests of the waterfront lots to which the moorage is accessory. Moorage space may not be leased, rented, sold, or otherwise made available to other than the residents and guests of the waterfront lots to which the moorage is accessory. d. Moorage structures and boating facilities may not provide moorage for more than two boats; provided, however, that waterfront lots are encourage to develop joint or shared moorage facilities. If this occurs, the joint or shared moorage facility may contain up to two moorages for each waterfront lot participating in the joint or shared moorage facility. e. If the subject property provides moorage for not more than two boats, the following setbacks apply: i. No moorage structure on private property may be within 25 feet of a public park. ii. No moorage structure may be within 25 feet of another moorage structure not on the subject property. iii. The side property line setback is 10 feet, provided however that joint use moorage facilities may be located within the setback with the lot which shares the facility. f. If the subject property provides moorage for more than two boats, the following setbacks apply: i. No moorage structure on private property maybe within 100 feet of a public park. ii. No moorage structure may be with 25 feet of another moorage structure not on the subject property. iii. The side property line setback is 10 feet, provided however that joint use moorage facilities may be located within the setback with the lot which shares the facility. 12. Natural. Boating facilities are prohibited. 24.60.030 Commercial Development and Light Industrial A. Applicability Commercial development means those uses and facilities that are involved in wholesale or retail trade or business activities. Examples include but are not limited to restaurants, hotels, shops, offices, and recreation facilities. Industry applies to those businesses or uses involved in the production, processing, manufacturing, or fabrication of goods. Warehousing and Ecology Approved Shoreline Master Program Page 101 of 159 Packet Pg. 221 5.8.b storage of materials or products is considered part of the industrial process. This is a broad category that mostly applies to the downtown Commercial Waterfront (CW) where development must also comply with ECDC 16.55. Uses and activities associate with commercial development that are identified as separate use activities in this Master Program, such as Boating Facilities, Piers and Docks, Utilities, etc. are subject to the regulations established for those uses in addition to the standards for commercial development. The design, layout and operation of certain commercial uses directly affects their classification with regard to whether or not they qualify as water related or water enjoyment uses. B. Commercial Development and Light Industrial Policies In securing shoreline locations for commercial and light industrial use, preference should be given first to water -dependent commercial uses, then to water -related, water - enjoyment commercial uses. 2. Restoration of impaired shoreline ecological functions and processes should be encouraged as part of commercial and light industrial development. 3. Commercial and light industrial development should ensure visual compatibility with adjacent noncommercial properties. 4. Commercial and light industrial uses located in the shoreline should provide public access in accordance with constitutional or other legal limitations unless such improvements are demonstrated to be infeasible or present hazards to life and property. 5. Commercial and light industrial development should be encouraged to locate where environmental cleanup and restoration of the shoreline area can be incorporated. C. Commercial Development and Light Industrial Regulations 1. Commercial and light industrial uses are allowed subject to the policies and regulations of ECDC 24.40.020 and the specific criteria below: a. Water -dependent commercial and light industrial uses shall be given preference over water -related and water -enjoyment commercial uses. Prior to approval of water dependent uses, the Administrator shall review a proposal for design, layout and operation of the use and shall make specific findings that the use qualifies as a water - dependent use. b. Water -related commercial and light industrial uses may not be approved if the use displaces existing water -dependent uses. Prior to approval of water -related commercial uses, the Administrator shall review a proposal for design, layout and operation of the use and shall make specific findings that the use qualifies as a water - related use. Ecology Approved Shoreline Master Program Page 102 of 159 Packet Pg. 222 5.8.b c. Water -enjoyment commercial uses may not be approved if they displace existing water -dependent or water -related uses. Prior to approval of water -enjoyment uses, the Administrator shall review a proposal for design, layout and operation of the use and shall make specific findings that the use qualifies as a water -enjoyment use. d. Nonwater-oriented commercial and light industrial uses may be permitted where located on a site physically separated from the shoreline by another property in separate ownership or a public right-of-way such that access for water -oriented use is precluded. All other nonwater-oriented uses are prohibited in the shoreline unless the use provides significant public benefit with respect to the objectives of this Master Program and the Shoreline Management Act and is: i. Part of a mixed use project that includes a water -oriented use; or ii. Proposed on a site where navigability is severely limited. 2. Over -water construction of commercial and light industrial uses is prohibited except as follows: a. Only those portions of water -dependent commercial and light industrial uses that require over -water facilities shall be permitted to locate waterward of the ordinary high-water mark. b. Nonwater-dependent commercial and light industrial uses shall not be allowed over water except in limited instances where they are appurtenant to and necessary in support of water -dependent uses. D. Commercial Development and Light Industrial— Shoreline Area Regulations 1. Urban Railroad: Commercial and light industrial use and development is prohibited. 2. Urban Mixed Use I: a. Water -oriented commercial and light industrial use and development is permitted subject to the policies and regulations of this Master Program. Nonwater-oriented commercial use and development may be permitted subject to the criteria for such uses in ECDC 24.60.030.C.1.d. b. A minimum of 15-foot setback is required from lot lines adjacent to shoreline residential environments. This area must be fully landscaped and include a minimum six-foot high fence or hedge. 3. Urban Mixed Use II: Ecology Approved Shoreline Master Program Page 103 of 159 Packet Pg. 223 5.8.b a. Water -oriented commercial and light industrial use and development is permitted subject to the policies and regulations of this Master Program. Nonwater-oriented commercial use and development may be permitted subject to the criteria for such uses in ECDC 24.60.030.C.1.d. b. A minimum of 15-foot setback is required from lot lines adjacent to shoreline residential environments. This area must be fully landscaped and include a minimum six-foot high fence or hedge. 4. Urban Mixed Use III: Commercial use is permitted subject to the policies and regulations of this Master Program. Nonwater-oriented commercial use and development shall be permitted. 5. Urban Mixed Use IV: Commercial and light industrial use is permitted subject to the policies and regulations of this Master Program. Nonwater-oriented commercial use and development shall be permitted. 6. Shoreline Residential I: Commercial and light industrial use and development is prohibited. 7. Shoreline Residential II: Commercial and light industrial use and development is prohibited. 8. Shoreline Residential III: Commercial and light industrial use and development is prohibited. 9. Aquatic I: Commercial and light industrial use and development is prohibited, except that water -dependent uses and appurtenant structures may be permitted subject to the use and development regulations of the abutting upland shoreline area designation. 10. Aquatic II: Commercial and light industrial use and development is prohibited, except that water -dependent uses and appurtenant structures may be permitted subject to the use and development regulations of the abutting upland shoreline area designation. 11. Conservancy: Commercial and light industrial use and development is prohibited. 12. Natural: Commercial and light industrial use and development is prohibited. 24.60.040 Forest Practices A. For the purposes of this Master Program, preparatory work associated with the conversion of land to non -forestry uses and/or developments shall not be considered forest practices and shall be reviewed in accordance with the provisions for the proposed non -forestry use, the general provisions of this Master Program, including vegetation conservation, and shall be limited to the minimum necessary. Ecology Approved Shoreline Master Program Page 104 of 159 Packet Pg. 224 5.8.b B. All forest practices undertaken on shorelines shall comply with the applicable policies and provisions of the Forest Practices Act, Chapter 76.09 RCW as amended, and any regulations adopted pursuant thereto (WAC 222), as administered by the Department of Natural Resources and local provisions contained in Title 20 ECDC. 24.60.050In-stream Structures A. Applicability. "In -Stream structure" means a structure place by humans within a stream or river waterward of the ordinary high water mark that either causes or has the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. B. In -stream Structure Policies 1. In -stream structures should provide for the protection and preservation of ecosystem - wide processes, ecological functions, and cultural resources, including, but not limited to, fish and fish passage, wildlife and water resources, shoreline critical areas, hydrogeological processes, and natural scenic vistas. C. In -stream Structure Regulations. 1. The location and planning of in -stream structures shall give due consideration to the full range of public interests, watershed functions and processes, and environmental concerns. 2. In -stream structures shall be constructed and maintained in a manner that does not degrade the quality of affected waters. 3. In -stream structures shall allow for normal ground water movement and surface runoff. 4. In -stream structures shall preserve valuable recreation resources and aesthetics values 24.60.060Recreational Development A. Applicability Recreational development provides opportunities for play, sports, relaxation, amusement, or contemplation. It includes facilities for passive recreational activities, such as hiking, photography, viewing, and fishing. It also includes facilities for active or more intensive uses such as parks, campgrounds, and golf courses. This section applies to both publicly and privately owned shoreline facilities intended for use by the public or a private club, group, association, or individual. Commercial recreational development must be consistent with the provisions of this section and the provisions of ECDC 24.60.030 for commercial uses. This Master Program gives priority to recreational development that is primarily related to access to, enjoyment and use of the water and shorelines of the state. Ecology Approved Shoreline Master Program Page 105 of 159 Packet Pg. 225 5.8.b B. Recreational Development Policies 1. Encourage the coordination of local, state, and federal recreation planning so as to mutually address recreational needs. Shoreline recreational development should be consistent with all adopted park, recreation, and open space plans. 2. Encourage the linkage of shoreline parks, recreation areas, and public access points in a linear system, such as hiking paths, bicycle paths, and scenic drives. 3. Locate and design recreational developments in a manner that preserves, enhances, or creates scenic views and vistas. 4. Locate and design recreational facilities to minimize adverse impacts including those related to stormwater runoff, water quality, visual qualities, public access, and vegetation and habitat maintenance. 5. Encourage physical and visual access to shorelines and surface waters. 6. Locate golf courses outside of the shoreline area. 7. Prohibit use of recreational off -road vehicles within the shoreline area, except by public agencies for maintenance operations and emergency services. C. Recreational Development Regulations Where significant adverse impacts are adequately mitigated resulting in no net loss of ecological processes or functions, recreational development is a priority use for shoreline location, subject to the following: 1. The following recreational uses and developments are prohibited: a. Golf courses; b. Use of recreational off -road vehicles is prohibited within the shoreline, except by public agencies for maintenance operations and emergency services; c. Campgrounds; and d. Overnight recreational spaces or sites located within the shoreline. 2. Recreational facilities shall make adequate provisions for: a. Vehicular and pedestrian access, both on -site and off -site; Ecology Approved Shoreline Master Program Page 106 of 159 Packet Pg. 226 5.8.b b. Vehicular traffic, both inside and outside the facility; c. Vehicular parking; d. Water supply, sewage disposal, and garbage collection; e. The prevention of overflows and trespasses onto adjacent properties; f. Screening, buffer strips, fences, and signs to prevent park overflow and to protect the value and enjoyment of adjacent or nearby private or public properties; g. Security; and h. Maintenance. 3. Valuable shoreline resources and fragile or unique areas, such as wetlands and accretion shore forms, shall be used only for non -intensive recreation activities. 4. Encourage recreational facilities to provide signage and enforce regulations that prohibit tree cutting and limit the taking of marine life, driftwood, and the like. 5. Signs associated with recreational facilities shall be kept to a minimum in number and size and shall be erected as informational or directional aids only. 6. Stairways and landings shall be located upland of existing bulkheads, banks, and the ordinary high water mark unless integral to a water -dependent use or Overwater structure permitted by this Master Program. D. Recreational Development — Shoreline Area Regulations 1. Urban Railroad: Recreational development prohibited. 2. Urban Mixed Use I: Water -oriented recreational use and development is permitted subject to the policies and regulations of this Master Program. 3. Urban Mixed Use II: Water -oriented recreational use and development is permitted subject to the policies and regulations of this Master Program. 4. Urban Mixed Use III: Water -oriented recreational use and development is permitted subject to the policies and regulations of this Master Program. 5. Urban Mixed Use IV: Water -oriented recreational use and development is permitted subject to the policies and regulations of this Master Program. 6. Shoreline Residential I: Water -oriented recreational use and development is permitted subject to the policies and regulations of this Master Program. Ecology Approved Shoreline Master Program Page 107 of 159 Packet Pg. 227 5.8.b 7. Shoreline Residential II: Water -oriented recreational use and development is permitted subject to the policies and regulations of this Master Program. 8. Shoreline Residential III: Water -oriented recreational use and development is permitted subject to the policies and regulations of this Master Program. 9. Aquatic I: Water -oriented recreational use and development is permitted, subject to the use and development regulations of the abutting upland shoreline area designation; provided that, underwater parks may be permitted as a conditional use. 10. Aquatic II: Water -oriented recreational use and development is permitted, subject to the use and development regulations of the abutting upland shoreline area designation; provided that, underwater parks may be permitted as a conditional use. 11. Conservancy: Low intensity water -oriented recreational use and development is permitted subject to the policies and regulations of the Master Program and the following criteria: a. Structures will not result in more than ten percent (10%) building coverage or 4,000 square feet, whichever is greater and total impervious surface will not exceed twenty percent (20%), or 10,000 square feet, whichever is greater. b. Alteration of topography shall be limited to the minimum necessary to accommodate allowed development. Use of areas or facilities will not result in use patterns that lead to degradation of shoreline ecological functions and processes. 12. Natural: Low intensity water -oriented recreational use and development consisting of primitive trails may be permitted as a conditional use subject to the policies and regulations of this Master Program and the following criteria: a. Essential minor structures such as trails, boardwalks, piers, stairs, small picnic areas, viewpoints, restrooms, interpretive facilities, or development that will not result in a net loss of shoreline ecological functions and processes are permitted, subject to the policies and regulations of this Master Program. b. Any necessary landscaping shall use native or similar self -maintaining vegetation. Recreational development requiring extensive structures or substantial alterations to topography or native vegetation is prohibited. Ecology Approved Shoreline Master Program Page 108 of 159 Packet Pg. 228 5.8.b 24.60.070Residential Development A. Applicability Residential development refers to one of more buildings, structures, lots, parcels, or portions of parcels that are used or intended to be used to provide a dwelling for human beings. Residential development includes single-family residences, duplexes, other detached dwellings, multifamily residences, apartments, townhouses, mobile home parks, group housing, condominiums, subdivisions, planned unit developments, and short subdivisions. Residential development also includes accessory uses and structures such as garages, sheds, tennis courts, swimming pools, driveways, parking areas, fences, cabanas, saunas, and guest cottages, when allowed by the underlying zoning. Single-family residential development is identified as a priority use the shoreline area when developed in a manner consistent with control of pollution and prevention of damage to the natural environment. A Substantial Development Permit is not required for construction of a single-family residence by an owner, lessee, or contract purchaser for his own use of the use of his family. However, such construction and all normal appurtenant structures must otherwise conform to this Master Program. In addition, when applicable, all residential development is subject to the variance and conditional use requirements of this Master Program. Uses and facilities associate with residential development, which are identified as separate use activities or modifications in this Master Program, such as clearing, grading and landfill are subject to the regulations established for those uses in this Master Program. B. Residential Development Policies 1. Discourage residential structures or accessory structures in areas waterward of the ordinary high water mark, within nearshore management areas, or within wetlands, habitat conservation areas, flood hazard areas or their respective buffers. 2. Allowable density of new residential development should comply with applicable comprehensive plan goals and policies, zoning restrictions, and shoreline area designation standards. The density of development should be appropriate to the local natural and cultural features. 3. Structures or development for uses accessory to residential use should preserve shoreline open space, be visually and physically compatible with adjacent shoreline features, be reasonable in size and purpose, and result in no net loss of shoreline ecological functions and processes. 4. New residential development should be planned and built in accordance with the policies and regulations in ECDC 24.50.020 and to minimize the need for shoreline stabilization and flood hazard reduction measures. Ecology Approved Shoreline Master Program Page 109 of 159 Packet Pg. 229 5.8.b 5. Measures to conserve native vegetation along shorelines should be required for all residential development. Vegetation conservation may include avoidance or minimization of clearing or grading, restoration of areas of native vegetation, and/or control of invasive species. 6. Consider additional design features for new Planned Residential Developments, subdivisions and short subdivisions that: a. Cluster dwelling units in order to preserve natural features, minimize physical impacts, and provide for public access to the shoreline. b. Maintain usable waterfront areas for the common use of all property owners with the development. 7. Encourage joint use of shoreline facilities, including access stairs. C. Residential Development Regulations Clearing and grading associated with a single-family residence may be exempted from the shoreline substantial development permit requirement, provided the following conditions are met: a. The clearing and grading activity is confined to the construction site; and b. Grading does not exceed 250 cubic yards. 2. New over -water residences, including floating homes, are prohibited. 3. Residential development shall be: a. Located and designed to avoid the need for structural shore defense and flood protection works in the foreseeable future. b. Designed to minimize potential conflicts with the use of adjacent public lands and areas of public access. This may include providing a physical separation to reinforce the distinction between public and private space, achieved by providing adequate space, through screening with landscape planting or fences, or other means. 4. Subdivisions: a. Shall comply with local plans, codes, and ordinances. b. Shall be designed to exemplify the definition and policy of the applicable shoreline designation as well as the environmental and physical capabilities of the subject site. Ecology Approved Shoreline Master Program Page 110 of 159 Packet Pg. 230 5.8.b c. Shall be designed, configured and developed in a manner that assures no net loss of ecological functions results from the plat or subdivision at full build -out of all lots. d. Shall be prohibited if flood control or shoreline protection measures are necessary to create a residential lot or site area. Shall provide a community recreation and/or open space area for the benefit of all residents or property owners in the development; provided that such provisions shall not apply to lot line adjustments or lot consolidation. f. Public access for the subdivision of a property into 4 or more lots shall be considered in accordance with ECDC 24.40.040 Public Access and Views. g. May be required to cluster residential units and structures to avoid wetlands, habitat conservation areas or landslide hazards that are located on the development site. h. Shall be designed to minimize potential conflicts with the use of adjacent public lands and areas of public access. This may include providing a physical separation to reinforce the distinction between public and private space, achieved by providing adequate space, through screening with landscape planting or fences, or other means. Shall comply with the applicable policies and performance standards of this Master Program, with regard to roads, utilities, and other improvements. 5. New multifamily residential development should provide community and/or public access in accordance with ECDC 24.40.040 Public Access and Views. D. Residential Development — Shoreline Area Regulations 1. Urban Railroad: Residential development is prohibited. 2. Urban Mixed Use I: Residential development is prohibited. 3. Urban Mixed Use II: Residential development is prohibited. 4. Urban Mixed Use III: Single family and multifamily residential development is permitted subject to the policies and regulations of this Master Program. 5. Urban Mixed Use IV: Residential development is prohibited. 6. Shoreline Residential I: Single family residential development is permitted subject to the policies and regulations of this Master Program. 7. Shoreline Residential II: Single family residential development is permitted subject to the policies and regulations of this Master Program. Ecology Approved Shoreline Master Program Page 1 1 1 of 159 Packet Pg. 231 5.8.b 8. Shoreline Residential III: Single family residential development is permitted subject to the policies and regulations of this Master Program. 9. Aquatic I: Residential development is prohibited. 10. Aquatic II: Residential development is prohibited. 11. Conservancy: Residential development is prohibited. 12. Natural: Residential development is prohibited. 24.60.080Transportation and Parking A. Applicability Transportation facilities are those structures and developments that aid in land and water surface movement of people, goods, and services. They include roads and highways, bridges and causeways, bikeways, trails, railroad facilities, ferry terminals, float plane terminals, airports, heliports, and other related facilities. B. Transportation and Parking Policies 1. New or expanded public transportation facility route selection and development should be coordinated with related local and state government land use and circulation planning. 2. Transportation system plans and transportation projects within shorelines should provide safe travel ways for non -motorized traffic such as pedestrians and bicyclists. Space for such uses should be required along roads on shorelines, where appropriate, and should be considered when rights -of -way are being vacated. 3. Transportation system route planning, acquisition, and design within the shoreline should provide, where possible, for compatible uses such as utility lines, pedestrian shore access or view points, or recreational trails. 4. Avoid unnecessary duplication or roads by making use of existing roads where practicable. 5. Public transportation routes, particularly arterial highways and railways, should be located, designed, and maintained to permit safe enjoyment of adjacent shore areas and properties by other appropriate uses such as recreation or residences. Vegetative screening or other buffering should be considered. 6. Parking is not a preferred use in shorelines and should only be allowed to support authorized uses where no feasible alternatives exist. C. Transportation and Parking Regulations Ecology Approved Shoreline Master Program Page 112 of 159 Packet Pg. 232 5.8.b Transportation and parking facilities shall be planned, located, and designed so that routes will have the least possible adverse effect on unique or fragile shoreline features, will not result in a net loss of shoreline ecological functions or adversely impact existing or planned water -dependent uses. 2. Roads shall be located to avoid critical areas. Landfills for transportation facility development are prohibited in water bodies, wetlands, and on accretion beaches, except when all structural and upland alternatives have been proven infeasible and the transportation facilities are necessary to support uses consistent with this program. Such landfill may be permit as a Conditional Use Permit and must comply with the provisions of ECDC 24.50.040. Where impacts cannot be avoided, impacts must be mitigated to assure no net loss of ecological function necessary to sustain shoreline resources. 3. Culverts, bridges and similar devices shall be designed to pass water, sediment, and debris loads anticipated under appropriate hydraulic analysis. 4. All roads and drainage systems shall be maintained to prevent erosion and/or water quality degradation. 5. Road routes shall make provisions for pedestrian, bicycle, and other non -motorized modes of travel whenever feasible. 6. Parking facilities are not a water -dependent use and shall only be permitted within the shoreline to support an authorized use where it can be demonstrated that there are no feasible alternative locations away from the shoreline. 7. All uses must provide sufficient off-street parking spaces in order to accommodate the reasonably anticipated number of vehicles that will be coming to the subject property. Specific parking standards for uses are identified in the ECDC 17.50, as now or hereafter mended. 8. Parking layouts must be designed efficiently to use the minimum amount of space necessary to provide the required parking and safe and reasonable access. Parking should not be located between the building(s) on the subject property and the shoreline. Exterior parking areas, other than for detached dwelling units, must be attractively landscaped with vegetation that will not obstruct view of the shoreline from adjacent public areas or adjacent public rights -of -way. 9. Transportation facilities shall be constructed of materials that will preclude or minimize adverse affects on water quality or aquatic plants and animals over the long term. Elements within or over water shall be constructed of materials approved by applicable state agencies for use in water for both submerged portions and other components to avoid discharge of pollutants from splash, rain or runoff. No part of a transportation facility that may come in contact with the water may be treated with or consist, in whole or in part, of creosote, oil based paints, toxic chemicals or other substances that would be Ecology Approved Shoreline Master Program Page 113 of 159 Packet Pg. 233 5.8.b harmful to the aquatic environment, unless specifically permitted and authorized by appropriate state and federal regulatory agencies. 10. Maintenance activity including vegetation control and erosion control shall be carried out consistent with this Master Program. Necessary minor resurfacing of existing roadways and replacement of culverts that improve shoreline ecological functions may be exempt from substantial development permit requirements as provided by ECDC 24.80.010. 11. Ferry Terminals: a. The maximum permitted height of structures waterward of the ordinary high water mark shall not exceed 35 above the OHWM, except as provided below: i. Structures related to the loading of pedestrian passengers shall be permitted to exceed the maximum permitted height limit when necessary to perform the intended function. ii. Buildings and structures which house pedestrian passengers, employees and equipment storage shall be permitted to be 20 feet above the height of the ferry loading dock. iii. View analysis shall be conducted for ferry structures exceeding 35 feet above the OHWM and structures designed to minimize impacts on view corridors. b. The maximum permitted height of structures landward of the ordinary high water mark shall not exceed 30 feet above the average grade level except that bridge and overpasses may exceed the maximum height limit when necessary to perform their intended function. 12. Railroads: a. Overwater Structures are prohibited. b. Accessory buildings shall be located on the landward side of the railroad tracks and a minimum of five feet from the property line. c. The size and configuration of structures shall conform to this program unless federal safety standards require a different size or configuration. D. Transportation and Parking — Shoreline Area Regulations 1. Urban Railroad a. The principal use permitted in this shoreline area is the use of the subject property by the railroad for its tracks (i.e., single main track, double main tracks and team tracks), yards and buildings. Ecology Approved Shoreline Master Program Page l l4 of 159 Packet Pg. 234 5.8.b b. The following accessory uses structures and facilities are permitted subject to the policies and regulations of this Master Program: i. Subgrade and road bed; ii. Railroad track/road crossing signals; iii. Slide fences; iv. Railroad signals; v. Bridges (i.e. pedestrian overpass bridges, vehicular overpass bridges and pipeline overpass bridges); vi. Railroad signage (i.e., speed, track, whistle, etc.); vii. Drainage facilities, including culverts; viii. Railroad crossings; ix. Buildings for housing of maintenance people not to exceed 600 square feet in area; x. Storage of items for maintaining the area; xi. Railway loading platforms; xii. Underpasses; and xiii. Pedestrian safety fencing provided it does not exceed six feet in height above grade and is not constructed of solid sight -obscuring material. If the proposed fence is to exceed either six feet in height, or is constructed of solid sight obscuring material, then a shoreline conditional use permit is required. xiv. The Maximum permitted height of structures is 25 feet above grade level, except as specified below: 1. Accessory buildings shall not exceed 15 feet in height above average grade level. 2. Bridges and overpasses may exceed the maximum height limit when necessary to perform their intended function. 3. Slide fences shall not exceed fix feet in height. Ecology Approved Shoreline Master Program Page 115 of 159 Packet Pg. 235 5.8.b 4. Signal devices and signage shall be determined on a case -by -case basis according to the goals and policies of this Shoreline Master Program and the Shoreline Management Act and when required by federal law or regulation. c. Ferry terminals may be permitted as a conditional use subject to the policies and regulations of this Master Program. 2. Urban Mixed Use I: a. Railroads are permitted subject to the policies and regulations of this Master Program consistent with ECDC 24.60.070.D.1, except that the maximum permitted height of structures is 30 feet, subjects to the same exception listed in ECDC 24.60.070.D. Lb.xiii. I through ECDC 24.60.070.D. I .b.xiii.4. b. Transportation facilities (including ferry terminals and railroads) are permitted subject to the policies and regulations of this Master Program. Parking areas not serving a specific approved water dependent use may be permitted as a conditional use, provided there is no feasible location outside of the shoreline. Parking facilities. In the Urban Mixed Use I environment, the 60-foot setback for parking established in ECDC 24.40.090 may be reduced by a maximum of 20 feet if a public walkway or publicly accessible open space is provided waterward of the bulkhead. The parking setback may be reduced by one foot for every one foot of public walkway or publicly accessible open space that is provided waterward of the OHWM, to a maximum of 20 feet. The minimum setback for parking facilities shall be no less than 40 feet from the bulkhead. 3. Urban Mixed Use II: a. Railroads are permitted subject to the policies and regulations of this Master Program consistent with ECDC 24.60.070.D.1, except that the maximum permitted height of structures is 30 feet, subjects to the same exception listed in ECDC 24.60.070.D. Lb.xiii. I through ECDC 24.60.070.D. I .b.xiii.4. b. Transportation facilities (including ferry terminals and railroads) are permitted subject to the policies and regulations of this Master Program. Parking areas not serving specific approved water dependent uses may be permitted as a conditional use, provided there is no feasible location outside of the shoreline. Parking facilities. In the Urban Mixed Use II environment, the 60-foot setback for parking established in ECDC 24.40.090 may be reduced by a maximum of 20 feet if a public walkway or publicly accessible open space is provided waterward of the bulkhead. The parking setback may be reduced by one foot for every one foot of public walkway or publicly accessible open space that is provided waterward of the OHWM, to a maximum of 20 feet. The minimum setback for parking facilities shall be no less than 40 feet from the bulkhead. Ecology Approved Shoreline Master Program Page H 6 of 159 Packet Pg. 236 5.8.b m c� 4. Urban Mixed Use III: a a. Unless permitted as an essential public facility, the following transportation facilities 2 are prohibited in this shoreline area designation: c L a. i. Railroads.; N b. Transportation facilities not specifically prohibited above are permitted subject to the policies and regulations of this Master Program. L O 5. Urban Mixed Use IV: v) LO a. Unless permitted as an essential public facility, the following transportation facilities N are prohibited in this shoreline area designation: i. Railroads. b. Transportation facilities not specifically prohibited above are permitted subject to the policies and regulations of this Master Program. 6. Shoreline Residential I a. Unless permitted as an essential public facility, the following transportation facilities are prohibited in this shoreline area designation: i. Railroads; ii. Ferry Terminals; and iii. Parking. b. Transportation facilities not specifically prohibited above are permitted subject to the policies and regulations of this Master Program. 7. Shoreline Residential II a. The following transportation facilities are prohibited in this shoreline area designation: i. Railroads; ii. Ferry Terminals; and Ecology Approved Shoreline Master Program Page 117 of 159 Packet Pg. 237 5.8.b iii. Parking. b. Transportation facilities not specifically prohibited above are permitted subject to the policies and regulations of this Master Program. 8. Shoreline Residential III a. The following transportation facilities are prohibited in this shoreline area designation: i. Railroads; ii. Ferry Terminals; and iii. Parking. b. Transportation facilities not specifically prohibited above are permitted subject to the policies and regulations of this Master Program. 9. Aquatic I a. The following transportation facilities are prohibited in this shoreline area designation: i. Parking. b. Transportation facilities not specifically prohibited above are permitted subject to the policies and regulations of this Master Program. c. Ferry terminals may be permitted as a conditional use subject to the policies and regulations of this Master Program. d. Transportation facilities of statewide significance currently located on the shoreline may be expanded or altered as a conditional use upon demonstration that alternatives to expanding in or alteration of the Aquatic I environment are not feasible. 10. Aquatic II a. The following transportation facilities are prohibited in this shoreline area designation: i. Parking. Ecology Approved Shoreline Master Program Page l l 8 of 159 Packet Pg. 238 5.8.b b. Transportation facilities not specifically prohibited above are permitted subject to the policies and regulations of this Master Program. c. Ferry terminals may be permitted as a conditional use subject to the policies and regulations of this Master Program. d. Transportation facilities of statewide significance currently located on the shoreline may be expanded or altered as a conditional use upon demonstration that alternatives to expanding in or alteration of the Aquatic Il environment are not feasible. 11. Conservancy a. The following transportation facilities are prohibited in this shoreline area designation: i. Railroads; and ii. Ferry terminals. b. Transportation facilities not specifically prohibited above may be permitted as a conditional use subject to the policies and regulations of this Master Program, provided there is no feasible location outside of the shoreline. c. Parking facilities may be permitted as a conditional use subject to the policies and regulations of this Master Program. 12. Natural a. The following transportation facilities are prohibited in this shoreline area designation: i. Railroads; ii. Ferry terminals; and iii. Parking. b. Transportation facilities not specifically prohibited above are may be permitted as a conditional use subject to the policies and regulations of this Master Program, provided there is no feasible location outside of the shoreline. 24.60.090Utilities A. Applicability Ecology Approved Shoreline Master Program Page 119 of 159 Packet Pg. 239 5.8.b Utilities are services and facilities that produce, convey, store, or process power, gas, sewage, communications, oil, waste, and the like. On -site utility features serving a primary use, such as a water, sewer or gas line to a residence, are "accessory utilities" and shall be considered a part of the primary use. B. Utilities Policies 1. Solid waste disposal activities and facilities are prohibited in shoreline areas. 2. New public or private utilities should be located inland from the land/water interface, preferably out of the shoreline jurisdiction, unless this location is reasonably necessary for the efficient operation of the utility facility or service. 3. Utilities should be located and designed to avoid negative impacts to public recreation and public access areas and significant natural, historic, archaeological or cultural resources. 4. Utilities should be located such that shoreline defense works will not be required for the life of the project. 5. All utility development should be consistent with and coordinated with all local government and state planning, including comprehensive plans and single purpose plans to meet the needs of future populations in areas planned to accommodate growth. Site planning and rights -of -way for utility development should provide for compatible multiple uses such as shore access, trails, and recreation or other appropriate use whenever possible; utility right-of-way acquisition should also be coordinated with transportation and recreation planning. 6. Utilities should be located in existing rights -of -way and corridors whenever feasible. 7. Utilities serving new development should be located underground, wherever feasible. 8. Development of pipelines and cables on aquatic lands and tidelands, particularly those running roughly parallel to the shoreline and development of facilities that may require periodic maintenance which would disrupt shoreline ecological functions should be discourage except where no other feasible alternative exists. When permitted, provisions shall assure that the facilities do not result in a net loss of shoreline ecological functions or significant impacts to other shoreline resources and values. 9. Utilities should be designed and development to preserve scenic views and aesthetic qualities of the shoreline area. C. Utilities Regulations 1. Prohibited Pipelines. Except for gas or oil pipelines, city -approved sanitary sewer, stormwater outfall lines, or other conveyance systems for on -site drainage collection Ecology Approved Shoreline Master Program Page 120 of 159 Packet Pg. 240 5.8.b systems for approved boat wash -down to special on -site treatment facilities otherwise permitted in this section, no pipeline for the transmission of any substance that would be hazardous to the aquatic environment may be constructed within the shoreline area. 2. Except where infeasible, all utility lines, pipes, conduits, meters, vaults and similar infrastructures and appurtenances must be placed underground consistent with the standards of the serving utility. 3. Utilities may not be located waterward of the ordinary high water mark unless no practicable alternative exists and this location is essential to the operation of the utility 4. Utilities shall be located adjacent to or within existing utility or circulation easements or rights -of -way whenever feasible. Joint use of rights -of -way and corridors is encouraged. 5. Utility production and processing facilities, such as power plants and sewage treatment plants, or parts of those facilities, that are not water -dependent shall be located outside of shoreline jurisdiction unless alternative locations are demonstrated to be infeasible and it is demonstrated that the facilities do not result in a net loss of shoreline ecological functions and processes or significant adverse impact to other shoreline resources and values such as parks and recreation facilities, public access and aesthetic resources. 6. Outfall pipelines and diffusers are water -dependent, but should be located only where there will be no net loss in shoreline ecological functions and processes or adverse impacts upon shoreline resources and values. 7. Facilities for processing, storage and disposal of solid waste are not normally water - dependent. Components that are not water -dependent shall not be permitted in shoreline jurisdiction. 8. Temporary storage of solid waste in suitable receptacles is permitted as an accessory use to a primary permitted use, or for litter control. 9. When feasible, utility development shall include public access to the shoreline, trail systems, and other forms of recreation, providing such uses will not unduly interfere with utility operations, endanger the public health, safety, and welfare, or create a significant and disproportionate liability for the owner. 10. Utility developments shall be located and designed so as to avoid, to the extent practicable, the need for any structural or artificial shoreline modification works for the life of the project. D. Utilities Application Requirements Applications for new or expanded shall be accompanied by adequate documentation that the proposal meets the policies and regulations of this Master Program, including but not limited to: Ecology Approved Shoreline Master Program Page 121 of 159 Packet Pg. 241 5.8.b 1. Description of the proposed facilities; 2. Reasons why the utility facility requires a shoreline location; 3. Alternative locations considered and reasons for their elimination; 4. Location of other utility facilities in the vicinity of the proposed project and any plans to include the other types of utilities in the project; 5. Plans for reclamation of areas disturbed both during construction and following decommissioning and/or completion of the useful life of the utility; 6. Plans for control or erosion and turbidity during construction and operation; and 7. Identification of any possibility for locating the proposed facility at another existing utility facility sire or within an existing utility right-of-way. E. Utilities — Shoreline Area Regulations 1. Urban Railroad: Utility development is permitted subject to the policies and regulations of this Master Program. 2. Urban Mixed Use I: Utility development is permitted subject to the policies and regulations of this Master Program. 3. Urban Mixed Use II: Utility development is permitted subject to the policies and regulations of this Master Program. 4. Urban Mixed Use III: Utility development is permitted subject to the policies and regulations of this Master Program. 5. Urban Mixed Use IV: Utility development is permitted subject to the policies and regulations of this Master Program. 6. Shoreline Residential I: Utility development is permitted subject to the policies and regulations of this Master Program. 7. Shoreline Residential II: Utility development is permitted subject to the policies and regulations of this Master Program. 8. Shoreline Residential III: Utility development is permitted subject to the policies and regulations of this Master Program. 9. Aquatic I: Utility development is permitted subject to the policies and regulations of this Master Program. Ecology Approved Shoreline Master Program Page 122 of 159 Packet Pg. 242 5.8.b 10. Aquatic II: Utility development is permitted subject to the policies and regulations of this Master Program. 11. Conservancy: Utility development is permitted subject to the policies and regulations of this Master Program. 12. Natural: Utility development may be permitted as a conditional use subject to the policies and regulations of this Master Program. Part VII Nonconforming Development 24.70.00OPurpose The purpose of this section is to allow certain nonconforming uses, buildings, signs and lots within shoreline jurisdiction to continue while limiting the continuation of certain aspects of nonconformity. Other nonconforming uses, buildings, signs and lots, which are declared to be nuisances, are required to be eliminated. 24.70.010 Nonconforming Uses A. Nonconforming uses are shoreline uses which were lawfully established prior to the effective date of the Shoreline Management Act or this Master Program, or amendments thereto, but which do not conform to present regulations or standards of this Master Program or policies of the act. B. A use which is listed as a conditional use but which existed prior to adoption of this Master Program or any relevant amendment and for which a conditional use permit has not been obtained shall be considered a nonconforming use. A use which is listed as a conditional use but which existed prior to the applicability of this Master Program to the site and for which a conditional use permit has not been obtained shall be considered a nonconforming use. C. A nonconforming use may continue, unless required to be abated by subsection (D) of this section, but it may not be expanded in any way, including additional lot areas, floor area, height, number of employees, equipment, or hours of operation, except as otherwise provided in ECDC 24.70.050. D. Lapse of Time. 1. If a nonconforming use is discontinued for 6 consecutive months or for 12 months during any two-year period, any subsequent use shall be conforming. It shall not be necessary to show that the owner of the property intends to abandon such nonconforming use in order for the nonconforming rights to expire. Uses such as agricultural or aquiculture, which Ecology Approved Shoreline Master Program Page 123 of 159 Packet Pg. 243 5.8.b vary seasonally, shall be deemed abandoned if the seasonal use is not utilized during one full season consistent with the traditional use. 2. If a nonconforming uses ceases because its building is damaged in excess of 75 percent of its replacement cost, the use may be reestablished if, but only if, an application for a building permit which vests as provided in ECDC 19.00.015, et seq., is filed within six months of the date such damage occurred. After the application has been filed, only one 180-day extension may be granted. 3. The right of reestablishment of use described in subsection D.2 of this section shall not apply if: a. The building or structure was damaged or destroyed due to the unlawful act of the owner or the owner's agent; or b. The building is damaged or destroyed due to the ongoing neglect or gross negligence of the owner or the owner's agent. In the event that subsection D.3.a or .b of this section apply, the nonconforming use shall be abated if damage exceeds 25 percent of replacement cost. "Replacement cost" shall be determined as proved in ECDC 24.70.020. E. A nonconforming use shall not be changed to another nonconforming use, regardless of the conforming or nonconforming status of the building or structure in which it is housed. 24.70.020Nonconforming development, building and/or structure A. Nonconforming development means a shoreline development which was lawfully constructed or established prior to the effective date of the Shoreline Management Act or this Master Program, or amendments thereto, but which does not conform to present regulations or standards of the program. B. A nonconforming building is one which once met bulk zoning standards and the site development standards applicable to its construction, but which no longer conforms to such standards due to the enactment or amendment of the zoning ordinance of the city of Edmonds or the application of such ordinance in the case of a structure annexed to the city. Subject to the other provisions of this section, an accessory building that is not an accessory dwelling unit shall be presumptively nonconforming if photographic or other substantial evidence conclusively demonstrates that the accessory building existed on or before January 1, 1981. In the case of a property that was annexed after January 1, 1981, then the date shall be that of the effective date of the annexation of the city of Edmonds. Such presumption may be overcome only by clear and convincing evidence. Ecology Approved Shoreline Master Program Page 124 of 159 Packet Pg. 244 5.8.b C. A structure for which a variance has been issued shall be considered a legal nonconforming structure and the requirements of this section shall apply as they apply to preexisting nonconformities. D. A nonconforming development, building and/or structure which is moved any distance must be brought into conformance with this Master Program. E. Nonconforming development, building and/or structure may be maintained and continued, unless required to be abated elsewhere in this chapter or section; provided, that it is not enlarged, intensified, increased, or altered in any way which increases its nonconformity except as expressly provided in subsection F though L of this section. F. Historic Buildings and Structures. Nothing in this section shall prevent the full restoration by reconstruction of a building or structure which is either listed on the National Register of Historic Places, the Washington State Register of Historic Places, the Washington State Cultural Resource Inventory, or the Edmonds Register of Historic Places, or is listed in a council -approved historical survey meeting the standards of the State Department of Archaeology and Historic Preservation. "Restoration" means reconstruction of the historic building or structure with as nearly the same visual design appearance and materials as is consistent with full compliance with the State Building Code and consistent with the requirements of Chapter 20.45 ECDC, Edmonds Register of Historic Places. The reconstruction of all such historic buildings and structures shall comply with the life safety provisions of the State Building Code. G. If a nonconforming development, building and/or structure is destroyed or damaged to an extent not exceeding 75 percent replacement cost at the time of destruction, it may be restored to its former size, shape and lot location as existing immediately prior to the time the structure was damaged, so long as restoration is either: 1. Completed within one year of the date of damage; or 2. Completed within one year of the date of issuance of all required permits, so long as applications for such permits are vested within six months of the date of damage and are pursued in a timely manner. H. Determination of replacement costs and the level of destruction shall be made by the building official and shall be appealable as Type II staff decision under the provisions of Chapter 20.06 ECDC. I. The right of restoration described in subsection E of this section shall not apply if: 1. The development, building and/or structure was damaged or destroyed due to the unlawful act of the owner or the owner's agent; or 2. The development, building and/r structure is damaged or destroyed due to the ongoing neglect or gross negligence of the owner or the owner's agents. Ecology Approved Shoreline Master Program Page 125 of 159 Packet Pg. 245 5.8.b Residential Buildings in Commercial Zones. Existing nonconforming buildings in commercial zones in use solely for residential purposes, or structures attendant to such residential use, may be remodeled or reconstructed without regard to the limitations of subsections D, E and G of this section, if, but only if, the following conditions are met: The remodel or reconstruction takes place within the footprint of the original building or structure. "Footprint" shall mean an area equal to the smallest rectangular area in a plane parallel to the ground in which the existing building could be placed, exclusive of uncovered decks, steps, porches, and similar features; and provided, that the new footprint of the building or structure shall not be expanded by more than 10 percent and is found by the city staff to be substantially similar to the original style and construction after complying with current codes. 2. All provisions of the State Building and Electrical Codes can be complied with entirely on the site. No nonconforming residential building may be remodeled or reconstructed if, by so doing, the full use under state law or city ordinance of a conforming neighboring lot or building would be limited by such remodel or reconstruction. 3. These provisions shall apply only to the primary residential use on site and shall not apply to nonconforming accessory buildings or structures. 4. A nonconforming residential single-family building may be rebuilt within the defined building envelope if it is rebuilt with materials and design which are substantially similar to the original style and structure after complying with current codes. "Substantial compliance" shall be determined by the city as a Type II staff decision, except that any appeal of the staff decision shall be to the ADB rather than the hearing examiner. The decision of the ADB shall be final and appealable only as provided in ECDC 20.07.006. K. Subject to the other provisions of this section, an accessory building that is not an accessory dwelling unit shall be presumptively nonconforming if photographic or other substantial evidence conclusively demonstrates that the accessory building existed on or before January 1, 1981. In the case of a property that was annexed after January 1, 1981, then the date shall be that of the effective date of the annexation to the city of Edmonds. Such presumption may be overcome only by clear and convincing evidence. L. BD5 Zone. The BD5 zone was created in part to encourage the adoption and reuse of existing residential structures for live/work and commercial use as set forth in ECDC 16.43.030.B.5. In the BD5 zone, conforming and nonconforming buildings may be converted to commercial or other uses permitted by ECDC 16.43.020 and this Master Program without being required to come into compliance with the ground floor elevation requirements of ECDC 16.43.030.B. Ecology Approved Shoreline Master Program Page 126 of 159 Packet Pg. 246 5.8.b 24.70.030 Nonconforming Lots A. A nonconforming lot is one which met applicable zoning ordinance standards as to size, width, depth and other dimensional regulations at the date on which it was created but which, due to the passage of a zoning ordinance, the amendment thereof or the annexation of property to the city, no longer conforms to the current provisions of the zoning ordinance. A lot which was not legally created in accordance with the laws of the local governmental entity in which it was located at the date of the creation is an illegal lot and will not be recognized for development. B. Continuation. A nonconforming lot may be developed for any use allowed by the zoning district in which it is located, so long as such development conforms to other requirements of this Master Program, the Shoreline Management Act, and all other applicable site use and development standards are met or a variance from such site use or development standards has been obtained. In order to be developed a nonconforming lot must meet minimum lot size standards established by the provisions of this code, subject to the provisions of subsection D of this section. C. Combination. If, since the date on which it became nonconforming due to its failure to meet minimum lot size or width criteria, an undeveloped nonconforming lot has been in the same ownership as a contiguous lot or lots, the nonconforming lot is to be and shall be deemed to have been combined with such contiguous lot or lots to the extent necessary to create a conforming lot and thereafter may only be used in accordance with the provisions of this Master Program, the Shoreline Management Act, and the Edmonds Community Development Code, except as specifically provided in subsection D of this section. D. Exception for Single -Family Dwelling Units. An applicant may build on single-family residence consisting of no more than one dwelling unit on a lot or parcel regardless of the size of the lot or parcel if, but only if, one of the following exceptions applies: In a Shoreline Residential environment, such nonconforming lot may be sold or otherwise developed as any other nonconforming lot pursuant to the following conditions and standards: a. The lot area of the nonconforming lot is not less than the minimum lot areas specified in the table below for the zoning district in which the subject property is located; and b. Community facilities, public utilities and roads required to serve the nonconforming lot are available concurrently with the proposed development; and c. Existing housing stock will not be destroyed in order to create anew buildable lot. Lot Area Table % Needed for Lot Size Needed Zone Legal Lot for legal lot (1) RS-20 60% 12,000 Ecology Approved Shoreline Master Program Page 127 of 159 Packet Pg. 247 5.8.b (2) RS-12 70% 8,400 (3) RS-10 75% 7,500 (4) RS-8 80% 6,400 (5) RS-6 90% 5,400 2. An applicant applies for necessary permits to construct the unit within five years of the date the lot or parcel was annexed into the city and the lot or parcel was lawfully created under provisions of Snohomish County subdivision and zoning laws as well as the laws of the state of Washington; or 3. An applicant may remodel or rebuild on residence on a nonconforming lot without regard to the 75 percent destruction requirement of ECDC 24.70.020.G if a fully completed building permit application is vested within six months of the destruction of the residence and all other development requirements of this Master Program, the Shoreline Management Act, and the Edmonds Community Development Code are complied with; or 4. The lot lines defining the lot or parcel were recorded in the Snohomish county recorder's office prior to December 31, 1972, and the lot or parcel has not at any time been simultaneously owned by the owner of a contiguous lot or parcel which fronts on the same access right-of-way subsequent to December 31, 1972, and the lot or parcel has access to an access right-of-way which meets the minimum requirements established by the Edmonds Community Development Code. 24.70.040 Nonconforming Signs Nonconforming signs are injurious to health, safety and welfare and destructive of the aesthetic and environmental living conditions which this Master Program and zoning ordinances are intended to preserve and enhance. Nonconforming signs shall be brought in to compliance with the provisions of Chapter 20.60 ECDC under the following terms and conditions: A. No nonconforming sign shall be expanded, extended, rebuilt, reconstructed or altered in any way, except as provided below. The following acts are specifically permitted and shall not in and of themselves require conformance with the provisions of this Master Program of Chapter 20.60 ECDC 1. Normal maintenance of the sign; 2. A change in the name of the business designated on the sign; or 3. Any action necessary to preserve the public safety in the event of damage to the sign brought about by an accident an act of God. B. Any nonconforming sign shall be brought into immediate compliance with the code in the event that it is expanded in violation of subsection A of this section. Ecology Approved Shoreline Master Program Page 128 of 159 Packet Pg. 248 5.8.b C. None of the forgoing provisions relating to permitted maintenance, name change or preservation of the sing under subsection A of this section shall be construed so as to permit the continuation or preservation of any nonconforming off -premises sign. 24.70.050 Nonconforming local public facilities Existing legal nonconforming local public facility uses, buildings, and/or signs, owned and/or operated by local, state, or federal governmental entities, public service corporations, or common carriers (including agencies, districts, governmental corporations, public utilities, or similar entities) may be expanded, enlarged, altered, or modified, subject to the policies and provisions of this Master Program and review under Chapter 20.16 ECDC, Essential Public Facilities. Part VIII Administration — Shoreline Permits 24.80.00OPurpose This chapter establishes the permit review procedure for shoreline permits, in accordance with the Shorelines Management Act, Chapter 90.58 RCW and Chapter 173-27 WAC. All proposed uses and development occurring within shoreline jurisdiction must conform to Chapter 90.58 RCW, the Shoreline Management Act, and this Master Program, regardless of whether a shoreline permit, statement of exemption, shoreline variance, or shoreline conditional use permit is required. 24.80.010 Exemptions from Shoreline Substantial Development Permit Process A. Application and interpretation Exemptions shall be construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemption from the substantial development permit process. 2. An exemption from the substantial development permit process is not an exemption from compliance with the Shoreline Management Act or the City of Edmonds' Shoreline Master Program, or from any other regulatory requirements. To be authorized, all uses and developments must be consistent with the policies and provisions of this Master Program and the Shoreline Management Act. 3. When a development or use is proposed that does not comply with the bulk, dimensional and performance standards of the master program, such development or use can only be authorized by approval of a variance. 4. A development or use that is listed as a conditional use pursuant to this Master Program or is an unlisted use, must obtain a conditional use permit even though the development or use does not require a substantial development permit. Ecology Approved Shoreline Master Program Page 129 of 159 Packet Pg. 249 5.8.b 5. The burden of proof that a development or use is exempt from the permit process is on the applicant. 6. If any part of a proposed development is not eligible for exemption, then a substantial development permit is required for the entire proposed development project. 7. The City of Edmonds may attach conditions to the approval of exempted developments and/or uses as necessary to assure consistency of the project with the Shoreline Management Act and this Master Program. B. Exemptions Listed. The following developments shall not require substantial development permits: Any development of which the total cost or fair market value, whichever is higher, does not exceed five thousand seven hundred eighteen dollars ($5718), if such development does not materially interfere with the normal public use of the water or shorelines of the state. The dollar threshold established in this subsection must be adjusted for inflation every five years consistent with WAC 173-27-040(2)(a). For purposes of determining whether or not a permit is required, the total cost or fair market value shall be based on the value of development that is occurring on shorelines of the state as defined in RCW 90.58.030(2)(c). The total cost or fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials. 2. Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. "Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. "Normal repair" means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment. 3. Construction of the normal protective bulkhead common to single-family residences. A "normal protective" bulkhead includes those structural and nonstructural developments installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting an existing single-family residence and appurtenant structures from loss or damage by erosion. A normal protective bulkhead is not exempt if constructed for the purpose of creating dry land. When a vertical or near vertical wall is being constructed or reconstructed, not more than one cubic yard of fill per one foot of wall may be used as backfill. When an existing bulkhead is being repaired by construction of a vertical wall Ecology Approved Shoreline Master Program Page 130 of 159 Packet Pg. 250 5.8.b fronting the existing wall, it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings. When a bulkhead has deteriorated such that an ordinary high water mark has been established by the presence and action of water landward of the bulkhead then the replacement bulkhead must be located at or near the actual ordinary high water mark. Beach nourishment and bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the above requirements and when the project has been approved by the department of fish and wildlife. 4. Emergency construction necessary to protect property from damage by the elements. An "emergency" is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with this chapter. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the administrator to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed or any permit which would have been required, absent an emergency, pursuant to chapter 90.58 RCW, these regulations, or the local master program, obtained. All emergency construction shall be consistent with the policies of chapter 90.58 RCW and the local master program. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency. 5. Construction or modification of navigational aids such as channel markers and anchor buoys. 6. Construction on shorelands by an owner, lessee or contract purchaser of a single-family residence for their own use or for the use of their family, which residence does not exceed a height of twenty-five feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to chapter 90.58 RCW. "Single-family residence" means a detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance as defined in 24.90.010.F. Construction authorized under this exemption shall be located landward of the ordinary high water mark. 7. Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single- family and multiple -family residences. A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. This exception applies if either: a. In salt waters (Puget Sound), the fair market value of the dock does not exceed two thousand five hundred dollars; or Ecology Approved Shoreline Master Program Page 131 of 159 Packet Pg. 251 5.8.b b. In fresh waters (Lake Ballinger) the fair market value of the dock does not exceed ten thousand dollars, but if subsequent construction having a fair market value exceeding two thousand five hundred dollars occurs within five years of completion of the prior construction, the subsequent construction shall be considered a substantial development for the purpose of this chapter. 8. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water from the irrigation of lands. 9. The marking of property lines or corners on state-owned lands, when such marking does not significantly interfere with normal public use of the surface of the water. 10. Operation and maintenance of any system of dikes, ditches, drains, or other similar drainage or utility facilities existing on September 8, 1975, which were created, developed or utilized primarily as a part of an agricultural drainage or diking system. 11. Any project with a certification from the governor pursuant to chapter 80.50 RCW. 12. Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, if: a. The activity does not interfere with the normal public use of the surface waters; b. The activity will have no significant adverse impact on the environment including but not limited to fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values; The activity does not involve the installation of any structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity; d. A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to preexisting conditions; and e. The activity is not subject to the permit requirements of RCW 90.58.550. 13. The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the department of agriculture or the department of ecology jointly with other state agencies under chapter 43.21C RCW. Ecology Approved Shoreline Master Program Page 132 of 159 Packet Pg. 252 5.8.b 14. Watershed restoration projects as defined in WAC 173-27-040(2)(o). The administrator shall review the projects for consistency with the shoreline master program in an expeditious manner and shall issue its decision along with any conditions within forty- five days of receiving all materials necessary to review the request for exemption from the applicant. No fee may be charged for accepting and processing requests for exemption for watershed restoration projects as used in this section. 15. A public or private project that is designed to improve fish or wildlife habitat or fish passage, when all of the following apply: a. The project has been approved in writing by the department of fish and wildlife; ; b. The project has received hydraulic project approval by the department of fish and wildlife pursuant to chapter 77.55 RCW; and; c. The City has determined that the project is substantially consistent with the local shoreline master program. The City shall make such determination that in a timely manner and provide it by letter to the project proponent. . 24.80.020Letter of Exemption A. The Administrator is hereby authorized to grant or deny requests for letters of exemption from the shoreline substantial development permit requirement for uses and developments with shorelines that are specifically listed in ECDC 24.80.010.B. The letter of exemption shall indicate the specific exemption of this Program that is being applied to the development, and shall provide a summary of the Administrator's analysis of the consistency of the project with this Master Program and the Shoreline Management Act. As appropriate, such letters of exemption may contain conditions and/or mitigating measures of approval to achieve consistency and compliance with the provisions of this Master Program and the Shoreline Management Act. A denial of an exemption shall be in writing and shall identify the reason(s) for the denial. The Administrator's actions on the issuance of a letter of exemption or a denial are subject to appeal pursuant to ECDC 24.80.110.C. B. A letter of exemption shall be prepared addressed to the applicant/proponent and the Washington State Department of Ecology, pursuant to the requirement of WAC 173-27-050 when the project is subject to one or more of the following Federal permitting requirements: 1. A U.S. Army Corps of Engineers section 10 permit under the Rivers and Harbors Act of 1899; (The provisions of section 10 of the Rivers and Harbors Act generally apply to any project occurring on or over navigable waters. Specific applicability information should be obtained from the Corps of Engineers.); or 2. A section 404 permit under the Federal Water Pollution Control Act of 1972. (The provisions of section 404 of the Federal Water Pollution Control Act generally apply to any project which may involve discharge of dredge or fill material to any water or Ecology Approved Shoreline Master Program Page 133 of 159 Packet Pg. 253 5.8.b wetland area. Specific applicability information should be obtained from the Corps of Engineers.) C. Apart from the activities listed in ECDC 24.80.020.13, no letter of exemption shall be required for other uses or developments exempt pursuant to ECDC 24.80.010 unless the Administrator has cause to believe a substantial question exists as to qualification of the specific use or development for the exemption, an applicant requests a letter of exemption, or the Administrator determines there is a likelihood of adverse impacts to shoreline ecological functions. 24.80.030Review Criteria for All Development No authorization to undertake use or development on shorelines of the state shall be granted unless upon review the use or development is determined to be consistent with the policy and provisions of the Shoreline Management Act and the City of Edmonds Shoreline Master Program. 24.80.040Substantial Development Permit Criteria A. A substantial development permit shall be required for all proposed use and development of shorelines unless the proposal is specifically exempt pursuant to ECDC 24.80.010. B. In order for a substantial development permit to be approved, the decision maker must find that the proposal is consistent with the following criteria: All regulations of the City of Edmonds Shoreline Master Program appropriate to the shoreline designation and the type of use or development proposed shall be met, except those bulk and dimensional standards that have been modified by an approval of a shoreline variance under ECDC 24.80.060. 2. All policies of the City of Edmonds Shoreline Master Program appropriate to the shoreline designation and the type of use or development proposed shall be considered and substantial compliance demonstrated. 24.80.050Conditional Use Permit Criteria A. The purpose of a conditional use permit is to provide greater flexibility in the administering of use regulations of this Master Program in a manner consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special conditions may be attached to the permit by the City or the Department of Ecology to prevent undesirable effects of the proposed use and/or to assure consistency of the project with the Shoreline Management Act and this Master Program. Ecology Approved Shoreline Master Program Page 134 of 159 Packet Pg. 254 5.8.b B. Uses specifically classified or set forth in the Master Program as conditional uses may be authorized provided that the applicant demonstrates all of the following: 1. That the proposed use is consistent with the policies of RCW 90.58.020 and the master program; 2. That the proposed use will not interfere with the normal public use of public shorelines; 3. That the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program; 4. That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and 5. That the public interest suffers no substantial detrimental effect. C. Uses which are not specifically identified as an allowed use or uses which are specifically prohibited by this Master Program may not be authorized pursuant to either subsection B of this section. D. In the granting of all conditional use permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if conditional use permits were granted for other developments in the area where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment. 24.80.060Variance Permit Criteria A. The purpose of a variance permit is strictly limited to granting relief from specific bulk, dimensional or performance standards set forth in this Master Program where there are extraordinary circumstances relating to the physical character or configuration of property such that the strict implementation of this Master Program will impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020. Variances from the use regulations of this Master Program are prohibited. B. Variances will be granted in circumstances where the denial of the permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant must demonstrate that extraordinary circumstances exist and that the public interest shall suffer no substantial detrimental effect. C. Variance permits for development and/or uses that will be located landward of the ordinary high water mark (OHWM) may be authorized provided the applicant can demonstrate all of the following: Ecology Approved Shoreline Master Program Page 135 of 159 Packet Pg. 255 5.8.b 1. That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes, or significantly interferes with lawful, reasonable use of the property; 2. That the hardship described in 1 of this subsection is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of this Master Program, and not, for example, from deed restrictions or the applicant's own actions or those of a predecessor in title; 3. That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program and will not cause adverse impacts to the shoreline environment; 4. That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area; 5. That the variance requested is the minimum necessary to afford relief; and 6. That the public interest will suffer no substantial detrimental effect. D. Variance permits for development and/or uses that will be located waterward of the ordinary high water mark (OHWM) may be authorized provided the applicant can demonstrate all of the following: 1. That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes all reasonable use of the property; 2. That the proposal is consistent with the criteria established under subsection ECDC 24.80.060.C.I through 6 of this section; and 3. That the public rights of navigation and use of the shorelines will not be adversely affected. E. In the granting of all variance permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example if variances were granted to other developments and/or uses in the area where similar circumstances exist the total of the variances shall also remain consistent with the policies of RCW 90.58.020 and shall not cause substantial adverse effects to the shoreline environment. 24.80.070Minimum Application Requirements A complete application for substantial development, conditional use, or variance permit shall contain as a minimum, the following information: Ecology Approved Shoreline Master Program Page 136 of 159 Packet Pg. 256 5.8.b A. The name, address and phone number of the applicant. The applicant should be the owner of the property or the primary proponent of the project and not the representative of the owner or primary proponent. B. The name, address and phone number of the applicant's representative if other than the applicant. C. The name, address and phone number of the property owner, if other than the applicant. D. Location of the property. This shall, at a minimum, include the property address and identification of the section, township and range to the nearest quarter, quarter section or latitude and longitude to the nearest minute. All applications for projects located in open water areas away from land shall provide a longitude and latitude location. E. Identification of the name of the shoreline (water body) that the site of the proposal is associated with. This should be the water body from which jurisdiction of the act over the project is derived. F. A general description of the proposed project that includes the proposed use or uses and the activities necessary to accomplish the project. G. A general description of the property as it now exists including its physical characteristics and improvements and structures. H. A general description of the vicinity of the proposed project including identification of the adjacent uses, structures and improvements, intensity of development and physical characteristics. I. A site development plan consisting of maps and elevation drawings, drawn to an appropriate scale to depict clearly all required information, photographs and text which shall include: 1. The boundary of the parcel(s) of land upon which the development is proposed. 2. The ordinary high water mark of all water bodies located adjacent to or within the boundary of the project. This may be an approximate location provided, that for any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high water mark the mark shall be located precisely and the biological and hydrological basis for the location as indicated on the plans shall be included in the development plan. Where the ordinary high water mark is neither adjacent to or within the boundary of the project, the plan shall indicate the distance and direction to the nearest ordinary high water mark of a shoreline. The precise location of the ordinary high water mark shall be field verified by the City of Edmonds and/or the Department of Ecology. 3. Existing and proposed land contours. The contours shall be at intervals sufficient to accurately determine the existing character of the property and the extent of proposed Ecology Approved Shoreline Master Program Page 137 of 159 Packet Pg. 257 5.8.b change to the land that is necessary for the development. Areas within the boundary that will not be altered by the development may be indicated as such and contours approximated for that area. 4. Existing critical areas as together with any supporting information consistent with the reporting requirements of ECDC 23.40.090. 5. A general indication of the character of vegetation found on the site. 6. The dimensions and locations of all existing and proposed structures and improvements including but not limited to; buildings, paved or graveled areas, roads, utilities, septic tanks and drainfields, material stockpiles or surcharge, and stormwater management facilities. 7. Where applicable, a landscaping plan for the project. 8. Where applicable, plans for development of areas on or off the site as mitigation for impacts associated with the proposed project shall be included and contain information consistent with the requirements of this section. 9. Quantity, source and composition of any fill material that is placed on the site whether temporary or permanent. 10. Quantity, composition and destination of any excavated or dredged material. 11. A vicinity map showing the relationship of the property and proposed development or use to roads, utilities, existing developments and uses on adjacent properties. 12. Where applicable, a depiction of the impacts to views from existing residential uses and public areas. 13. On all variance applications the plans shall clearly indicate where development could occur without approval of a variance, the physical features and circumstances on the property that provide a basis for the request, and the location of adjacent structures and uses. 24.80.080Notice of Application A. Upon receipt of a fully completed shoreline substantial development permit, shoreline conditional use permit, or shoreline variance application, the City shall issue a Notice of Application in the manner set forth in ECDC 20.90.010.E. B. The public comment period for a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance shall be thirty (30) days following the date of notice of application. Public comments may be submitted at any time prior to the closing of Ecology Approved Shoreline Master Program Page 138 of 159 Packet Pg. 258 5.8.b the record of an open record predecision hearing or, if no open record public hearing is required, prior to the decision on the project permit. C. If an open record predecision hearing, as define in RCW 36.7013.020, is required for the requested project permits, the notice of application shall be provided at least fifteen (15) days prior to the open record hearing. The public hearing shall not be closed to the receipt of written comments prior to thirty (30) days following the date of the notice. 24.80.090 Special Procedures for Limited Utility Extensions and Bulkheads A. An application for a substantial development permit for a limited utility extension or for the construction of a bulkhead or other measures to protect a single-family residence and its appurtenant structures from shoreline erosion shall be subject to all of the requirements of this chapter except that the following time periods and procedures shall be used: The public comment period shall be twenty days. The notice provided shall state the manner in which the public may obtain a copy of the local government decision on the application no later than two days following its issuance; 2. The local government shall issue its decision to grant or deny the permit within twenty- one days of the last day of the comment period specified in subsection (2)(a) of this section; and 3. If there is an appeal of the decision to grant or deny the permit to the local government legislative authority, the appeal shall be finally determined by the legislative authority within thirty days. B. For purposes of this section, a limited utility extension means the extension of a utility service that: 1. Is categorically exempt under chapter 43.21C RCW for one or more of the following: Natural gas, electricity, telephone, water, or sewer; 2. Will serve an existing use in compliance with this chapter; and 3. Will not extend more than two thousand five hundred linear feet within the shorelines of the state. 24.80.100 Public Hearings A. The Administrator shall determine whether an application requires a public hearing pursuant to the criteria below no later than fifteen (15) days after the minimum public comment period provided by ECDC 24.80.080.13. An open record public hearing shall be required for all of the following: Ecology Approved Shoreline Master Program Page 139 of 159 Packet Pg. 259 5.8.b One or more interested persons has submitted to the administrator, with 15 days of the final publication notice of the application, a written request for such a hearing together with a statement of the reasons for the request; or 2. The proposal is determined to have a significant adverse impact on the environment and an Environmental Impact Statement is required in accordance with the State Environmental Policy Act; or 3. The proposal requires a variance and/or conditional use approval pursuant to this Master Program; or 4. The use or development requires an open record public hearing for other City of Edmonds approvals or permits. 24.80.110Notice of Decision, Reconsideration, and Appeals A. Notice of Decision 1. Within five days of a decision for action on a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance, the Administrator shall mail or hand deliver a copy of the final decision to the following: a. The applicant/proponent; b. Any person(s) who have filed a written request for a copy of the decision; c. All persons who submitted substantive written comments on the application.; and d. The Department of Ecology. 2. The notice of decision to ECDC 24.80.110.A. La through c shall include findings and conclusions, and a statement of the SEPA threshold determination and the procedures for an appeal (if any) of the permit decision or recommendation. 3. Decisions filed with the Department of Ecology shall contain the following information: 1. A copy of the complete application; 2. Findings and conclusions that establish the basis for the decision including but not limited to identification of shoreline environment designation(s), applicable Master Program policies and regulations and the consistency of the project with appropriate review criteria for the type of permit(s). 3. The final decision of reached by the City of Edmonds on the proposal; Ecology Approved Shoreline Master Program Page 140 of 159 Packet Pg. 260 5.8.b 4. A completed permit data sheet in the form provided in WAC 173-27-990 or hereafter amended. 5. Where applicable, the City of Edmonds shall also file the applicable documents required by SEPA, or in lieu thereof, a statement summarizing the actions and dates of such actions taken under RCW 43.21 C. B. Reconsideration. The applicant/proponent or any party of record may request reconsideration of any final action by the decision maker within (10) days of the decision. Grounds for reconsideration must be based upon the content of the written decision. The decision maker is not required to provide a written response or modify his/her original decision. He/she may initiate such action as he/she deems appropriate. The procedure of reconsideration shall not pre-empt or extend the appeal period for a permit or affect the date of filing with the Department of Ecology, unless the applicant/proponent requests the abeyance of said permit appeal period in writing with ten (10) days of a final action. C. Appeals 1. Local appeals of decision by the Shoreline Administrator or the Hearing Examiner shall be pursuant to the procedure and timelines of ECDC 20.01, ECDC 20.06, and ECDC 20.07.. 2. Appeals of a final decision of the City of Edmonds or the Department of Ecology shall be filed within 21 days of the date of filing of the final permit and shall be heard by the Shorelines Hearings Board pursuant to the procedures and timelines of RCW 90.58.180. 24.80.120Initiation of Development A. Development pursuant to a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance shall not begin and shall not be authorized unit twenty-one (2 1) days after the "date of filing" or until all review proceeding before the Shoreline Hearings Board have terminated. B. Date of filing: 1. "Date of filing" of a substantial development permit is the date of actual receipt of the decision by the Department of Ecology. 2. The "date of filing" for a shoreline conditional use permit or a shoreline variance shall mean the date the permit decision rendered by the Department of Ecology is transmitted by the Department to the City of Edmonds and the applicant/proponent. 24.80.130 Revisions A. A revision is required when an applicant proposes substantive changes to the design, terms, or conditions of an approved permit. Changes are "substantive' if they materially alter the Ecology Approved Shoreline Master Program Page 141 of 159 Packet Pg. 261 5.8.b project in a manner that relates to its conformance to the terms and conditions of the permit, this Master Program, or the Shoreline Management Act. Changes, which the Administrator determines are not substantive, do not require approval of a revision. B. When a permit revision is required, the applicant shall submit detailed plans and text describing the proposed changes. If the Administrator determines that the revisions proposed are within the scope and intent of the original permit, the Administrator may approve the revision as a Type II decision. C. "Within the scope and intent of the original permit" means all of the following: 1. No additional over water construction is involved except that pier, dock, or float construction may be increased by five hundred square feet (500) or ten percent (10%) from the provisions of the original permit, whichever is less; 2. Ground area coverage and height maybe increased a maximum often percent (10%) from the provisions of the original permit; 3. The revised permit does not authorize development to exceed height, lot coverage, setback, or any other requirements of the applicable master program except as authorized under a variance granted as the original permit or a part thereof; 4. Additional or revised landscaping is consistent with any conditions attached to the original permit and with the applicable master program; 5. The use authorized pursuant to the original permit is not changed; and 6. No adverse environmental impact will be caused by the project revision. D. If the sum of the proposed revision and any previously approved revisions do not meet the criteria in ECDC 24.80.130.C, an application for a new Shoreline Permit must be submitted. E. If the revision involves a Shoreline Conditional Use Permit or Shoreline Variance, which was conditioned by the Department of Ecology, the revision also must be reviewed and approved by the Department of Ecology. Under the requirements of WAC 173-27-110(6), the Department of Ecology shall render and transmit to the City of Edmonds and the applicant its final decision with fifteen (15) days of the date of the department's receipt of the submittal from the City of Edmonds. The City of Edmonds shall notify parties of record of the department's final decision. F. Revision approvals, including the revised site plans, a detailed description of the authorized changes, and the final ruling on consistency with this section shall be filed with the Department of Ecology. In addition, the City of Edmonds shall notify parties of record of the revision. Ecology Approved Shoreline Master Program Page 142 of 159 Packet Pg. 262 5.8.b G. Revisions to shoreline permits may be authorized after the original authorization has expired. Revisions made after the expiration of the original permit shall be limited to changes that are consistent with this Master Program and that would not require a permit under this Master Program. If the proposed change is a substantial development as defined by this Master Program, then a new permit is required. The provisions of this paragraph shall not be used to extend the time requirements or to authorize substantial development beyond the time limits or scope of the original permit. H. Appeals on revisions shall be in accordance with RCW 90.58.180 and shall be filed within twenty-one days from the date of receipt of the City of Edmonds' action by the Department of Ecology or, when appropriate under subsection E of this section, the date the Department of Ecology's final decision is transmitted to local government and the applicant. Appeals shall be based only upon contentions of noncompliance with the provisions of subsection C of this section. Construction undertaken pursuant to that portion of a revised permit not authorized under the original permit is at the applicant's own risk until the expiration of the appeals deadline. If an appeal is successful in proving that a revision is not within the scope and intent of the original permit, the decision shall have no bearing on the original permit. 24.80.140 Time requirements of Shoreline Permits A. The following time requirements shall apply to all substantial development permits and to any development authorized pursuant to a shoreline conditional use permit or shoreline variance: Construction activities shall be commenced or, where no construction activities are involved, the use or activity shall be commenced within two (2) years of the effective date of a substantial development permit. However, the City of Edmonds may authorize a single extension for a period not to exceed one (1) year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record on the substantial development permit and to the Department of Ecology 2. Authorization to conduct development activities shall terminate five (5) years after the effective date of a substantial development permit. However, the City of Edmonds may authorize a single extension for a period not to exceed one (1) year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record and to the Department of Ecology. 3. The effective date of a substantial development permit shall be the date of filing as provided in ECDC 24.80.120.13. The permit time periods in subsections 1 and 2 of this section do not include the time during which a use or activity was not actually pursued due to the pendency of administrative appeals or legal actions or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed, including all reasonably related administrative or legal actions on any such permits or approvals. Ecology Approved Shoreline Master Program Page 143 of 159 Packet Pg. 263 5.8.b 4. Authorization to conduct development activities pursuant to a shoreline permit issued by the City of Edmonds shall expire five (5) years after the date of issuance provided the activity was not pursued due to the pendency of administrative appeals or legal action. However, the City of Edmonds may authorize a single extension for a period not to exceed one (1) year based on reasonable factors. B. Notwithstanding the time limits established in ECDC 24.80.140.A.1 and .2, upon finding of good cause based on the requirements and circumstances of the proposed project and consistent with the policies and provisions of this Master Program and the Shoreline Management Act, the Administrator or Hearing Examiner as appropriate may set different time limits for a particular substantial development permit as part of the action to approve the permit. The Hearing Examiner may also set different time limits on specific conditional use permits or variances with the approval of the Department of Ecology. The different time limits may be longer or shorter than those established in ECDC 24.8 0.140.A. I and .2 but shall be appropriate to the shoreline development or used under review. "Good cause based on the requirements and circumstances of the proposed project" shall mean that the time limits established for the project are reasonably related to the time actually necessary to perform the development on the ground and complete the project that is being permitted, and/or are necessary for the protection of shoreline resources. C. The Administrator or Hearing Examiner as appropriate shall notify the Department of Ecology in writing of any change to the effective date of a permit with an explanation of the basis for approval of the change. Any change to the time limits of a permit other than those authorized ECDC 24.80.150.A and .B shall require a new permit application. 24.80.150 Administrative Authority and Responsibility A. Shoreline Administrator The Shoreline Administrator shall be the planning manager or his/her designee and is vested with the following authority and responsibility to: 1. Have overall administrative responsibility for this Master Program; 2. Determine if a public hearing should be held on a shoreline permit application by the Hearing Examiner pursuant to ECDC 24.80.100; 3. Grant or deny written Permit Exemptions from shoreline Substantial Development Permit requirements of this Master Program; 4. Authorize, approve or deny shoreline Substantial Development Permits, except for those for which a public hearing is required pursuant to ECDC 24.80.100; 5. Make written recommendation to the Hearing Examiner or City Council as appropriate and insofar as possible, in order to assure that all relevant information, testimony, and Ecology Approved Shoreline Master Program Page 144 of 159 Packet Pg. 264 5.8.b questions regarding a specific matter are made available during their respective reviews of such matter. 6. Review and evaluate the records of project review actions (permits and exemptions) in shoreline areas and report on the cumulative effects of authorized development of shoreline conditions at a minimum every seven years when this Master Program is updated. The administrator shall coordinate such review with the Washington State Department of Ecology, Washington State Department of Fish and Wildlife, and other interested parties. 7. Advise interested citizens and project proponents of the goals, policies, regulations and procedures of this Master Program; and 8. Make administrative decisions and interpretations of the policies and regulations of this Master Programs and the Shoreline Management Act. B. Hearing Examiner The Hearing Examiner is vested with the following authority: 1. To grant or deny shoreline Substantial Development Permits requiring public hearings pursuant to ECDC 24.80.100; 2. To grant or deny shoreline Conditional Use Permits under this Master Program; 3. To grant or deny variances form this Master Program; and 4. To decide on appeals of administrative decisions issued by the Administrator of this Master Program in accord with procedures set forth in Title 20 of this code. C. City Council 1. The Edmonds City Council is vested with the authority to approve any revisions or amendments to this Master Program in accordance with the applicable requirements of the Shoreline Management Act and the Washington Administrative Code. 2. To become effective any amendment to this Master Program must be reviewed and adopted by the Department of Ecology pursuant to RCW 90.58.190 and Chapter 173-26 WAC. 24.80.160Compliance Failure to comply with the conditions of approval associated with a shoreline permit shall cause the permit to immediately become void and any continuation of the use activity shall be Ecology Approved Shoreline Master Program Page 145 of 159 Packet Pg. 265 5.8.b considered a violation of this Master Program and a public nuisance subject to enforcement proceedings. 24.80.17OEnforcement Procedures for investigation and notice of violation, compliance, and the imposition of penalties for the violation of any requirements of this Master Program shall be consistent with provisions in ECDC 20.110.040, Part II 173-27 WAC, RCW 90.58.210, and RCW 90.58.220. Part IXDefinitions 24.90.000General Information A. For the purpose of this Master Program, certain terms and their derivations shall be construed as specified in this section. Some terms used in this Master Program may have a different definition and application under other City of Edmonds regulations. Words in the singular include the plural, the plural the singular. The words "shall", "will" and "must" are mandatory; the word "may" is permissive. "Should" means that the particular action is required unless there is a demonstrated, compelling reason, based on policy of the Shoreline Management Act and this Master Program, against taking the action. Additional definitions applicable to this master Program and adopted by reference herein, are found in RCW 90.58 and Chapters 173-26 and 173-27 WAC. The following definitions apply throughout this Program, unless otherwise indicated. B. If a definition is not included here, the city shall rely on definitions found in applicable citations in the Revised Code of Washington (RCW), Washington Administrative Code (WAC), the Edmonds Community Development Code (ECDC), and finally a standard dictionary, in that order. In case of conflict with the ECDC, the definition within the RCW, WAC, and/or this Master Program shall prevail. 24.90.01ODefinitions: A to B A. "Abandoned" means knowing relinquishment of right or claim to the subject property or structure on that property. B. "Accessory" means a use, activity, structure or part of a structure which is demonstrably subordinate and incidental to the main activity or structure on the subject property. C. "Accessory building" means one which is subordinate to the main building, and is incidental to the use of the main building on the same lot. Ecology Approved Shoreline Master Program Page 146 of 159 Packet Pg. 266 5.8.b D. "Alteration(s)" means a change or rearrangement of the structural parts of existing facilities or an enlargement by extending the sides or increasing the height or depth or the moving from one location to another. E. "Applicant" means a person who applies for any permit or approval to do anything governed by this code and who is either the owner of the subject property, the authorized agent of the owner, or the city. F. "Appurtenance" means a structure or development which is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark and also of the perimeter of any marsh, bog, or swamp. See also "Normal appurtenances." G. "Aquaculture" means the farming or culture of food fish, shellfish, or other aquatic plants or animals any may require development such as fish hatcheries, rearing pens and structures, and shellfish rafts, as well as use of natural spawning and rearing areas. Aquaculture does not include the harvest of free-swimming fish or the harvest of shellfish not artificially planted or maintained. H. "Aquaculture practices" means any activity directly pertaining to growing, handling, or harvesting or aquaculture produce, including, but not limited to, propagation, stocking, feeding, disease treatment, waste disposal, water use, development of habitat and structures. Excluded from this definition are related commercial or industrial uses such as wholesale and retail sales, or final processing and freezing. "Average grade level" means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure: In the case of structures to be built over water, average grade level shall be the elevation of the ordinary high water mark. Calculation of the average grade level shall be made by averaging the ground elevations at the midpoint of all exterior walls of the proposed building or structure. J. "Average parcel depth" means the average of the distances from the ordinary high water mark to the street providing direct access to the subject property as measured along the side property lines or the extension of those lines where the water frontage of the subject property ends, the center of the ordinary high water mark of the subject property and the quarter points of the ordinary high water mark of the subject property. K. "Average parcel width" means the average of the distances between side property lines as measured along the ordinary high water mark and the front property line. L. `Backfill" means material placed into an excavated area, pit, trench or behind a constructed retaining wall, rockery or foundation. M. "Boat launch or ramp" means graded slopes, slabs, pads, planks, or rails used for launching boats by means of a trailer, hand, or mechanical device. Ecology Approved Shoreline Master Program Page 147 of 159 Packet Pg. 267 5.8.b N. "Buoy" means a floating object anchored to the bottom of a water body. O. "Breakwater" means an offshore structure generally aligned parallel to shore, sometimes shore -connected, that provides protection from waves. P. "Buffer" means the area adjacent to a critical area and/or shoreline that is required for the continued maintenance, function, and/or structural stability of the critical area and/or shoreline. Buffer widths vary depending on the relative quality and sensitivity of the area being protected. Unlike zoning or shore setbacks, buffer areas are intended to be left undisturbed, or may need to be enhanced to support natural processes, functions and values Q. "Building" means any structure having a roof, excluding all forms of vehicles even though immobilized. R. "Building setback" means the distance all buildings, uses and other structures shall be set back from the outer or upland edge of the approved buffer. The following may be allowed in the building setback area: A. Landscaping; B. Building overhangs, if such overhangs do not extend more than 30 inches into the setback area. S. `Bulkhead" means a retaining wall whose primary purpose is to hold or prevent the backfill from sliding while providing protection against light -to -moderate wave action. 24.90.020Definitions: C to F A. "City" means the City of Edmonds, a municipal corporation. B. "Commercial use" means an activity with goods, merchandise, or services offered for sale or rent. C. "Comprehensive plan" means the comprehensive Plan of the City of Edmonds and all elements thereof as amended or, if repealed, its successor document, listing the goals and policies regarding land use within the city. D. "Contour line" means a line on a map or on the earth representing a specific elevation above sea level or an elevation relative to a specific datum point. E. "Coverage" means the total ground coverage of all buildings or structures on a site measured from the outside of external walls or supporting members or from a point two and one-half feet in from the outside edge of a cantilevered roof, whichever covers the greatest area. Ecology Approved Shoreline Master Program Page 148 of 159 Packet Pg. 268 5.8.b F. "Critical areas" include the following areas and ecosystems: (a) wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas designated through the Edmonds Critical Area Ordinance. G. "Cross-section (drawing)" means a visual representation of a vertical cut through a structure or any other three-dimensional form. H. "Dedication" means the deliberate granting of an interest in land by an owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public use or purpose to which the property has been devoted. I. "Development" means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; grading; filling; removal of any sand, gravel, or minerals; bulk heading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the act at any stage of water level. J. "Development permit" means any permit or approval under this code or the ECDC that must be issued before initiating a use or development activity. K. "Dock" means a structure designed to protrude overwater or float upon the water, and which is attached to the shoreline and is used for moorage or other water -related activity such as swimming or diving. L. "Dredging" means removal of earth and other materials from the bottom of a body of water or from a wetland. M. "Dredging spoils" means the earth and other materials removed from the floor of a body of water or wetland by the dredging process. N. "Drift cell," "drift sector," or "littoral cell" means a particular reach of marine shore in which littoral drift may occur without significant interruption and which contains any natural sources of such drift and also accretion shore forms created by such drift. O. "Dry land" means the area of the subject property landward of the ordinary high water mark. P. "Dwelling unit" means a building providing complete housekeeping facilities for one family Dwelling unit does not include recreational vehicles or mobile homes. Q. "Dwelling unit, attached" means a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or uses above or below it, excluding lawfully permitted accessory dwelling units. Ecology Approved Shoreline Master Program Page 149 of 159 Packet Pg. 269 5.8.b R. "Dwelling unit, detached" means a dwelling unit that is not attached or physically connected to any other dwelling unit or other use. S. "Dwelling unit, stacked" means a dwelling unit that has one or more horizontal walls in common with or adjacent to one or more other dwelling units or other uses and may have one or more vertical walls in common with or adjacent to one or more other dwelling units or other uses, excluding lawfully permitted accessory dwelling units. T. `ECDC" means the "Edmonds Community Development Code." U. "Easement" means land which has specific air, surface or subsurface rights conveyed for use by an entity other than the owner of the subject property or to benefit some property other than the subject property. V. "Ecological functions" or "shoreline functions" means the work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. See WAC 173-26-200 (2)(c). W. "Edmonds Community Development Code (ECDC)" means Ordinance 2182 as amended or, if repealed, its successor document. X. "Enhancement" means alteration of an existing resource to improve or increase its characteristics and processes without degrading other existing functions. Enhancements are to be distinguished from resource creation or restoration projects. Y. `Environmentally sensitive areas" means an area designated and mapped by a city under WAC 197-11-908, as now or hereafter amended. Certain categorical exemptions do not apply within environmentally sensitive areas (WAC 197-11-305 and 197-11-908, as now or hereafter amended). Z. "Erosion and deposition" means the removal of soils and the placement of these removed soils elsewhere by natural forces such as wind or water. AA.`Excavate(tion)" means the mechanical removal of soils and/or underlying strata. BB."Feasible" means, for the purpose of this chapter, that an action, such as a development project, mitigation, or preservation requirement, meets all of the following conditions: 1. The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or test have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; 2. The action provides a reasonable likelihood of achieving its intended purpose; and Ecology Approved Shoreline Master Program Page 150 of 159 Packet Pg. 270 5.8.b 3. The action does not physically preclude achieve the project's primary intended legal use. In cases where this Master Program requires certain actions unless they are infeasible, the burden of proving infeasibility is on the applicant. In determining an action's infeasibility, the City of Edmonds may weigh the action's relative public costs and public benefits, considered in the short- and long-term time frames. CC."Ferry terminal" means a combination of waterward and upland improvements providing the interface between public/private waterborne transportation and public/private ground transportation. DD."Fill" means the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material (excluding solid waste) to an area waterward of the OHWM, in wetlands, or on shoreland in a manner that raises the elevation or creates dry land. EE."Fill material" means dirt, structural rock or gravel, broken concrete and similar structural substances customarily used to raise the level of the ground, but excluding topsoil, bark, ornamental rocks or gravel placed on the surface of the ground. FF. "Float, recreational" means an offshore platform/buoy used for water -dependent activities such as, but not limited to, swimming and diving. 24.90.030Definitions: G to O A. "Gabions" means structures composed of masses of rocks, rubble or masonry held tightly together, usually by wire mesh, so as to form blocks or walls; sometimes used on heavy erosion areas to retard wave action or as foundations for breakwaters or jetties. B. "Geotechnical report" or "geotechnical analysis" means a scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site -specific and cumulative geological and hydrological impacts of the proposed development; including the potential adverse impacts to adjacent and down -current properties. Geotechnical reports shall conform to accepted technical standards an must be prepared by qualified professional engineers or geologists who have professional expertise in both regional and local shoreline geology and processes. C. "Government facility" means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land. Ecology Approved Shoreline Master Program Page 151 of 159 Packet Pg. 271 5.8.b D. "Grading" means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land. E. "Haines Wharf' means Lots 7 through I I in the plat of Meadowdale Tidelands. F. "Hotel" means any building containing five or more separately occupied rooms that are rented out for sleeping purposes. A central kitchen and dining room and interior accessory shops and services catering to the general public can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care. G. "Improvement" means any structure or manmade feature. H. "Inner harbor line" means the line designated as such by the State Harbor Line Commission pursuant to Article XV, Washington State Constitution. I. "Land surface modification" means the clearing or removal of trees, shrubs, ground cover and other vegetation, and all grading, excavation and filling of materials. The removal of overhanging vegetation and fire hazards as specified in ECDC 18.45.030(E) shall not be deemed to be land surface modifications. J. "Landscaping" means the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation. K. "Landward" means upland from the ordinary high water mark. L. "Lot" means a single tract of land legally created as a separate building site with frontage on a street or access easement. For purposes of this code the area of the lot used to calculate lot area shall be the area of the lot which is upland of the OHWM and adjoining lots under common ownership which were created without subdivision or short subdivision approval from applicable city or county governments. This lot area shall be considered as one lot and subject to the regulations contained herein. The terms of this section shall apply regardless of whether the individual adjoining lots meet current zoning requirements. M. "Low Impact Development (LID)" means a stormwater and land use management strategy that strives to mimic pre -disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on -site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. N. "LID Principles" means land use management strategies that emphasize conservation, use of on -site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff. O. "Low impact development best management practices" means distributed stormwater management practices, integrated into a project design, that emphasize pre -disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID Ecology Approved Shoreline Master Program Page 152 of 159 Packet Pg. 272 5.8.b BMPs include, but are not limited to, bioretention/rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, vegetated roofs, minimum excavation foundations, and water re -use. P. "Marine launcher" means a mechanical device that can hoist vessels off trailers and transport them into the water and often is associated with dry land moorage facilities. Q. "Master plan" means a complete development plan for the subject property showing placement, dimensions and uses of all structures as well as streets and other areas used for vehicular circulation. R. "Mean sea level" means the level of Puget Sound at zero tide as established by the U.S. Army Corps of Engineers. S. "Minor appurtenant building" means minor buildings associated with overwater structures including but not limited to the following: storage buildings less than 150 square feet in area, ferry terminal passenger shelter, covered moorage, etc. T. "Mixed -use developments" are shoreline developments which combine more than one separate but related activity into a coordinated package. Activities usually include one or more water -dependent uses with non -water -dependent uses. Drive-in businesses are not permitted. U. "Modification" means an action undertaken in support of or in preparation for a shoreline use that modifies the physical configuration or qualities of the shoreline area. V. "Moorage" means a place to tie up or to anchor a waterborne craft. W. "Mooring buoy" means a floating object anchored to the bottom of a water body that provides tie up capabilities for waterborne craft. X. "Moorage facility" means a pier, dock, dolphin, buoy or other structure providing docking or moorage space for waterborne craft. Y. "Motel" means a building containing units which are used as individual sleeping units having their own private toilet facilities and sometimes their own kitchen facilities, designed primarily for the accommodation of transient automobile travelers. Accommodations for trailers are not included. This term includes tourist court, motor lodge, auto court, cabin court, motor hotel, motor inn and similar names. Z. "Multimodal terminal (facility)" means a terminal (facility) designed for the co -location of transportation loading and unloading by multiple forms of transportation including land, water or rail. AA."Nonconformance" means any use, structure, lot, condition, activity, or any other feature or element of private property or the use or utilization of private property that does not conform Ecology Approved Shoreline Master Program Page 153 of 159 Packet Pg. 273 5.8.b to any of the provisions of this code or that was not approved by the city through the appropriate decision -making process required under this code and/or was established prior to the original Edmonds shoreline master program. BB."Normal appurtenances" normal appurtenances include a garage; deck; driveway; utilities; fences; installation of a septic tank and drainfield and grading which does not exceed two hundred fifty cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark. Local circumstances may dictate additional interpretations of normal appurtenances which shall be set forth and regulated within the applicable master program. CC."Office (use)" means a place of employment in a building or separately defined space within a building providing services other than production, distribution or sale or repair of goods or commodities. The following is a nonexclusive list of office uses: accounting, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or goods are available on the premises; real estate, insurance, travel agent, brokerage or other similar services. The following uses are specifically excluded from the definition of office: medical, dental, or other health care; veterinary; banks, loan companies and similar financial institutions. DD."Off-street parking" means motor vehicle parking facilities within the lot area of a private lot or public lot established for that purpose. EE."Official newspaper of the city" means the publication designated by ordinance or resolution to contain official newspaper publications for the city government. FF. "Official notification boards of the city" means the bulletin boards in the public areas of the city of Edmonds Community Services Building, the Edmonds Main Post Office Branch, and the Edmonds Public Library. GG."OHWM" means ordinary high water mark (see ECDC 24.90.030.II). HH."Open space" means land not covered by buildings, roadways, parking areas or other surfaces through which water cannot percolate into the underlying soils. II. "Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition existing on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by the City of Edmonds or the Department of Ecology; PROVIDED, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water. Ecology Approved Shoreline Master Program Page 154 of 159 Packet Pg. 274 5.8.b JJ. "Oriented" means facing or directed toward. KK."Outer harbor line" means the line designated as such by the State Harbor Line Commission pursuant to Article XV, Washington State 24.90.040Definitions: P to R A. "Parking area" means any area designed and/or used for parking of vehicles. B. "Parking space" means an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use. C. "Pedestrian orientation" pertains to facilities which encourage pedestrian movement and are designed and oriented toward use by pedestrians. D. "Pier" means a fixed structure which abuts the shoreline and is used for moorage or other water -related activities such as fishing, swimming and diving. E. "Planning division" means the planning division of the community services department of the City of Edmonds. F. "Planning manager" means the manager of the planning division of the City of Edmonds or the acting manager of that division. G. "Planning official" means the manager of the planning division or his/her designee. H. "Port" means a special purpose unit of local government created for the purpose of managing port -related lands, facilities and activities. For the purposes of this document, "port" refers to the port of Edmonds and its facilities and operation. "Property line" means those lines enclosing a lot, its developable area and those lines defining a recorded vehicular access easement. The following are categories of property lines: 1. "Front property line" is any property line that is adjacent to a street or easement more than 20 feet in width, except that the Burlington Northern right-of-way shall not be considered a front property line. 2. "Rear property line" is any property line that is farthest from and essentially parallel to a front property line except on a lot which contains two or more front property lines. 3. "Side property line" is any property line other than a front property line or a rear property line. Ecology Approved Shoreline Master Program Page 155 of 159 Packet Pg. 275 5.8.b J. "Public access" is the physical ability of the general public to reach and touch the water's edge and/or the ability to have a view of the water and the shoreline from upland locations. There are a variety of types of public access including picnic areas, pathways and trails (including disabled), floats and docks, promenades, viewing towers, bridges, boat launches, street ends, ingress and egress, parking and other similar facilities or locations. K. "Public access pier or boardwalk" means an elevated structure or floating structure which is constructed waterward of the ordinary high water mark and intended for public use. L. "Public park" means an area provided by a unit of government to meet the active or passive recreational needs of people in the water and on the upland shoreline. M. "Public right-of-way" means land dedicated to the movement of vehicles and pedestrians and providing for primary access to adjacent parcels and or public waterborne transportation. Secondarily, the land provides space for utility lines and appurtenances and other publicly owned devices. N. "Public use area" means a portion of private property that is dedicated to public use and which contains one or more of the following elements: benches, tables, lawns, gardens, piers, exercise or play equipment or similar improvements or features. These elements are to provide the public with recreational opportunities in addition to the right to traverse or stand in this area. O. "Public utility" means a private business organization such as a public service corporation, including physical plant facilities, performing some public service and subject to special governmental regulations, or a governmental agency performing similar public services, the services by either of which are paid for directly by the recipients thereof. Such services shall include but are not limited to: water supply, waste water treatment, stormwater treatment, electric power, telephone, cablevision, gas, and transportation for persons and freight. P. "Railroad right-of-way" means the land occupied by a railroad for its tracks, yard, buildings, and related structures. Q. "Restaurant" means a building where food is sold to the public for on -premises consumption or to go. It may include alcoholic beverage service only pursuant to a Class "C," "D," or "H" state liquor license. R. "Restore," restoration" or "ecological restoration" means the reestablishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, revegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre -European settlement conditions. S. "Retail establishment" means a commercial enterprise which provides goods or services directly to the consumer and whose goods are available for immediate purchase and removal Ecology Approved Shoreline Master Program Page 156 of 159 Packet Pg. 276 5.8.b from the premises by the purchaser or whose services are traditionally not permitted within an office use. 24.90.050Definitions: S to T A. "Shore setback" means the minimum distance between a structure or use and the shoreline ordinary high water mark. B. "Shoreline areas" and "shoreline jurisdiction" means all "shorelines of the state" and "shorelands" as defined in RCW 90.58.030. C. "Shoreline conditional use" means a use or development which is specifically listed by this master program as a conditional use within a particular shoreline environment or a use which is not addressed by this master program within any shoreline environment. D. "Shoreline Management Act (SMA)" means Chapter 90.58 RCW as now or hereafter amended. E. "Shoreline master program (SMP)" means the ordinance of the City of Edmonds adopted under authority of Chapter 90.58 RCW. F. "Shoreline modifications" means those actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other actions, such as clearing, grading, or application of chemicals. G. "Shoreline variance" means a procedure to grant relief from the specific bulk, dimensional or performance standards set forth in this master program, and not a means to allow a use not otherwise permitted within a shoreline environment. H. "Silt or sediment" means the soil particles mobilized and deposited by the processes of erosion and deposition. I. "Street" means the public or private right-of-way or access easement which provides vehicular access to more than three lots. J. "Structure" means anything which is built or constructed; an edifice or building of any kind, or any piece of work artificially built-up or composed of parts joined together in some definite manner. Not included are fences less than six feet in height, retaining wall, rockeries, and similar improvements of a minor character less than three feet in height. K. "Structural alterations" means any change in a supporting member of a building or structure. L. "Subject property" means the entire lot, series of lots or parcels on which a development or use is or will locate and that is otherwise subject to the provisions of this code. For the Ecology Approved Shoreline Master Program Page 157 of 159 Packet Pg. 277 5.8.b purposes of this chapter, land leased from the Department of Natural Resources, which is contiguous to the applicant's property, shall also be considered the "subject property." 24.90.060Definitions: U to Z A. "Use, development and/or activity" means "development" as that term is defined in Chapter 90.58 RCW. "Use" also means the nature of the activities taking place on private property or within structures thereon. B. "Vehicle holding area" means any area designated by the city or state for holding vehicles prior to loading onto a ferry. C. "Water -dependent use" means a use or a portion of a use which is dependent on the water by reason of the intrinsic nature of its operations and cannot exist in any other location. Examples of water -dependent uses may include ferry and passenger terminals, marinas and sewer outfalls. D. "Water -enjoyment use" means a recreational use, or other use facilitating public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through the location, design and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water -enjoyment use, the use must be open to the general public and the shoreline -oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Primary water -enjoyment uses may include, but are not limited to, parks, piers, scuba diving facilities and other improvements facilitating public access to shorelines of the state; and general water -enjoyment uses may include but are not limited to, restaurants, museums, aquariums, scientific/ecological reserves, resorts and mixed -use commercial; provided, that such uses conform to the above water -enjoyment specifications and the provisions of the master program. E. "Water -oriented use" refers to any combination of water -dependent, water -related, and/or water -enjoyment uses and serves as an all -encompassing definition for priority under the SMA. "Non -water -oriented" serves to describe those uses which have little or no relationship to the shoreline and are not considered priority uses under the SMA. Examples include professional offices, automobile sales or repair shops, mini -storage facilities, multifamily residential development, department stores and gas stations. F. "Water -related use" means a use or a portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because: Of a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or Ecology Approved Shoreline Master Program Page 158 of 159 Packet Pg. 278 5.8.b 2. The use provides a necessary service supportive of the water -dependent commercial activities and that the proximity of the use to its customers makes its services less expensive and/or more convenient. G. "Waterward" means toward the body of water on the waterside of the ordinary high water mark. H. "Wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. Part XAppendices 24.100.000Appendix A - Maps of Shoreline Environments and Jurisdictions 24.100.010 Appendix B — Shoreline Master Program Version of Edmonds Critical Area Regulations Ecology Approved Shoreline Master Program Page 159 of 159 Packet Pg. 279 5.8.d Edmonds Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS Page 1/65 Appendix B — Critical Area Regulations Applicable to Shoreline Jurisdiction The Edmonds Shoreline Master Program adopts this version of the City's critical area ordinance for inclusion into the Shoreline Master Program except for certain sections which are specifically excepted pursuant to ECDC 24.40.020.C. Those provisions that have been excepted by the Shoreline Master Program are shown in this appendix with a str-ikethfott . Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS Sections: Part I. Purpose and General Provisions 23.40.000 Purpose. 23.40.005 Definitions pertaining to critical areas. 23.40.010 Authority. 23.40.020 Relationship to other regulations. 23.40.030 Severability. 23.40.040 Jurisdiction — Critical areas. 23.40.050 Protection of critical areas. 23.40.055 City council reports. Part II. Critical Areas Review Process 23.40.060 General requirements. 23.40.070 Critical areas preapplication consultation. 23.40.080 Notice of initial determination. 23.40.090 Critical areas report — Requirements. 23.40.100 Critical areas report — Modifications to requirements. 23.40.110 Mitigation requirements. 23.40.120 Mitigation sequencing. 23.40.130 Mitigation plan requirements. 23.40.140 Innovative mitigation. 23.40.150 Critical areas decision. 23.40.160 Review criteria. 23.40.170 Favorable critical areas decision. 23.40.180 Unfavorable critical areas decision. 23.40.190 Completion of the critical areas review. 23.40.195 Contingent review procedure for certain types of development. 23.40.200 Appeals. 23.40.210 Variances. 23.40.215 Critical area restoration projects. Part III. Allowed Activities, Exemptions and Noncompliance Penalties 23.40.220 Allowed activities. 23.40.230 Exemptions. 23.40.240 Unauthorized critical area alterations and enforcement. Part IV. General Critical Areas Protective Measures 23.40.250 Critical areas markers and signs. 23.40.270 Critical areas tracts and easements. d L 0 s Ln Cl) The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 284 5.8.d Edmonds Page 2/65 Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS 23.40.280 Building setbacks. 23.40.290 Bonds to ensure mitigation, maintenance, and monitoring. 23.40.300 Critical area inspections. Part V. Incorporation of Best Available Science `p 23.40.310 Best available science. s Cn Part I. Purpose and General Provisions Ln M 23.40.000 Purpose. v A. The purpose of this title is to designate and classify ecologically sensitive and hazardous areas and to protect these areas and their functions and values, while also allowing for reasonable use of private property. o :r B. This title is to implement the goals, policies, guidelines, and requirements of the comprehensive plan and the Washington State Growth Management Act. C. The city of Edmonds finds that critical areas provide a variety of valuable and beneficial biological and physical functions that benefit Edmonds and its residents, and/or may pose a threat to human safety or to public and private property. The beneficial functions and values provided by critical areas include, but are not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation of flood waters, ground water recharge and discharge, erosion control, wave attenuation, protection from hazards, historical, archaeological, and aesthetic value protection, and recreation. These beneficial functions are not listed in order of priority. D. Goals. By limiting development and alteration of critical areas, this title seeks to: 1. Protect members of the public and public resources and facilities from injury, loss of life, or property damage due to landslides and steep slope failures, erosion, seismic events, or flooding; 2. Maintain healthy, functioning ecosystems through the protection of unique, fragile, and valuable elements of the environment, including ground and surface waters, wetlands, and fish and wildlife and their habitats, and to conserve the biodiversity of plant and animal species; 3. Direct activities not dependent on critical areas resources to less ecologically sensitive sites and mitigate unavoidable impacts to critical areas by regulating alterations in and adjacent to critical areas; and 4. Prevent cumulative adverse environmental impacts to water quality, wetlands, and fish and wildlife habitat, and the overall net loss of wetlands, frequently flooded areas, and fish and wildlife habitat conservation areas. E. The regulations of this title are intended to protect critical areas in accordance with the Growth Management Act and through the application of the best available science, as determined according to WAC 365-195-900 through 365-195-925 and RCW 36.70A.172, and in consultation with state and federal agencies and other qualified professionals. F. This title is to be administered with flexibility and attention to site -specific characteristics. It is not the intent of this title to make a parcel of property unusable by denying its owner reasonable economic use of the property nor to prevent the provision of public facilities and services necessary to support existing development. G. The city of Edmonds' enactment or enforcement of this title shall not be construed to benefit any individual person or group of persons other than the general public. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.40.005 Definitions pertaining to critical areas. For the purposes of this chapter and the chapters on the five specific critical area types (Chapters 23.50, 23.60, 23.70, 23.80 and 23.90 ECDC) the following definitions shall apply: "Adjacent" means those activities located on site immediately adjoining a critical area; or distance equal to or less than 225 feet of a development proposal or subject parcel. The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 285 5.8.d Edmonds Page 3/65 Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS "Alteration" means any human -induced action which changes the existing condition of a critical area or its buffer. U) Alterations include, but are not limited to: grading; filling; dredging; draining; channelizing; cutting, pruning, limbing or topping, clearing, relocating or removing vegetation; applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants; paving, construction, application of gravel; modifying for surface water management purposes; or any other human activity that changes the existing landforms, vegetation, hydrology, 0 wildlife or wildlife habitat value of critical areas. an Best Available Science. See ECDC 23.40.310. cL i N "Best management practices" means a system of practices and management measures that: 0 1. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, and toxics; 2. Control the movement of sediment and erosion caused by land alteration activities; 3. Minimize adverse impacts to surface and ground water quality, flow, and circulation patterns; and 4. Minimize adverse impacts to the chemical, physical, and biological characteristics of critical areas. L 0 "Buffer" means the designated area immediately next to and a part of a steep slope or landslide hazard area and which z co 0 protects slope stability, attenuation of surface water flows and landslide hazards reasonably necessary to minimize risks to persons or property; or a designated area immediately next to and part of a stream or wetland that is an integral M part of the stream or wetland ecosystem. M "Chapter" means those sections of this title sharing the same third and fourth digits. Q Q- a "City" means the city of Edmonds. N 0 City Council or Council. See ECDC 21.15.030. M "Class" or "wetland class" means descriptive categories of wetland vegetation communities within the wetlands a� taxonomic classification system of the U.S. Fish and Wildlife Service (Cowardin, et al., 1979). m "Clearing" means the act of cutting and/or removing vegetation. This definition shall include grubbing vegetation and L a the use or application of herbicide. 'L "Compensation project" means an action(s) specifically designed to replace project -induced critical area or buffer V losses. Compensation project design elements may include, but are not limited to: land acquisition procedures and m x detailed plans including functional value assessments, detailed landscaping designs, construction drawings, and =a monitoring and contingency plans. a a "Compensatory mitigation" means replacing project -induced losses or impacts to a critical area, and includes, but is a not limited to, the following: a � to 1. "Creation" means actions performed to intentionally establish a wetland at a site where it did not formerly V exist. a.1 2. "Reestablishment' means actions performed to restore processes and functions to an area that was formerly a critical area, where the former critical area was lost by past alterations and activities. 3. "Rehabilitation" means improving or repairing processes and functions to an area that is an existing critical area that is highly degraded because one or more environmental processes supporting the critical area have been disrupted. 4. "Enhancement' means actions performed to improve the condition of existing degraded wetlands so that the functions they provide are of a higher quality. 5. "Preservation" means actions taken to ensure the permanent protection of existing high -quality wetlands. The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 286 5.8.d Edmonds Page 4/65 Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS "Creation" means a compensation project performed to intentionally establish a wetland or stream at a site where one did not formerly exist. "Critical areas" for the city of Edmonds means wetlands, critical aquifer recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat conservation areas as defined in Chapters 23.50, 23.60, 23.70, 23.80 and 23.90 ECDC, respectively. "Development proposal" means any activity relating to the use and/or development of land requiring a permit or approval from the city, including, but not limited to: commercial or residential building permit; binding site plan; conditional use permit; franchise; right-of-way permit; grading and clearing permit; mixed use approval; planned residential development; shoreline conditional use permit; shoreline substantial development permit; shoreline variance; short subdivision; special use permit; subdivision; flood hazard permit; unclassified use permit; utility and other use permit; variance; rezone; or any required permit or approval not expressly exempted by this title. "Director" means the city of Edmonds development services director or his/her designee. "Division" means the planning division of the city of Edmonds development services department. "Enhancement" means an action taken to improve the condition and function of a critical area. In the case of wetland or stream, the term includes a compensation project performed to improve the conditions of an existing degraded wetland or stream to increase its functional value. "Erosion" means the process in which soil particles are mobilized and transported by natural agents such as wind, rain, frost action, or stream flow. Erosion Hazard Areas. See ECDC 23.80.020(A). Fish and Wildlife Habitat Conservation Areas. See Chapter 23.90 ECDC. "Floodplain" means the total area subject to inundation by a "l00-year flood." "100-year flood" means a flood having a one percent chance of being equaled or exceeded in any given year. "Footprint of existing development" or "footprint of development' means the area of a site that contains legally established: buildings; roads, driveways, parking lots, storage areas, walkways or other areas paved with concrete, asphalt or compacted gravel; outdoor swimming pools; patios. Frequently Flooded Areas. See Chapter 23.70 ECDC. "Functions" means the roles served by critical areas including, but not limited to: water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance and attenuation; ground water recharge and discharge; erosion control; wave attenuation; aesthetic value protection; and recreation. These roles are not listed in order of priority. Geologically Hazardous Areas. See Chapter 23.80 ECDC. "Geologist" means a person licensed as a geologist, engineering geologist, or hydrologist in the state of Washington. For geologically hazardous areas, an applicant may choose a geologist or engineering geologist licensed in the state of Washington to assess the potential hazard. "Geotechnical engineer" means a practicing geotechnical/civil engineer licensed as a professional civil engineer in the state of Washington who has at least five years of professional employment as a geotechnical engineer in responsible charge including experience with landslide evaluation. "Grading" means any one or a combination of excavating, filling, or disturbance of that portion of the soil profile which contains decaying organic matter. "Habitats of local importance" means areas that include a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 287 5.8.d Edmonds Page 5/65 Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS over the long term. These might include areas of high relative density or species richness, breeding habitat, winter U) range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alterations such as cliffs, talus, and wetlands. In urban areas like the city of Edmonds, habitats of local importance include biodiversity areas and corridors, which are characterized by a framework of ecological components which provides the physical conditions necessary for ecosystems and species populations to survive in a human -dominated 0 landscape. an "In -lieu fee program" means a program which sells compensatory mitigation credits to permittees whose obligation to c� i provide compensatory mitigation is then transferred to the in -lieu program sponsor, a governmental or nonprofit v natural resource management entity. 0 Landslide Hazard Areas. See ECDC 23.80.020(B). "Mitigation" means the use of any or all of the following actions, which are listed in descending order of preference: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; c 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using `o appropriate technology or by taking affirmative steps such as project redesign, relocation, or timing to avoid or co reduce impacts; 0 3. Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat d conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions U or the conditions existing at the time of the initiation of the project; a a 4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other w methods; 0 5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action; 6. Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and 7. Monitoring the hazard or other required mitigation and taking remedial action when necessary. "Native vegetation" means vegetation comprised of plant species which are indigenous to the Puget Sound region and which reasonably could have been expected to naturally occur on the site. "Native vegetation" does not include noxious weeds as defined by the state of Washington or federal agencies. "Normal maintenance of vegetation" means removal of shrubs/nonwoody vegetation and trees (less than four -inch diameter at breast height) that occurs at least every other year. Maintenance also may include tree topping that has been previously approved by the city in the past five years. "Noxious weeds" means any plant that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to those plants on the state noxious weed list contained in Chapter 16-750 WAC. "Planning staff' means those employed in the planning division of the city of Edmonds development services department. "Qualified critical areas consultant" or "qualified professional" means a person who has the qualifications specified below to conduct critical areas studies pursuant to this title, and to make recommendations for critical areas mitigation. For geologically hazardous areas, the qualified critical areas consultant shall be a geologist or engineering geologist licensed in the state of Washington to assess the potential hazard. If development is to take place within a geologically hazardous area, the qualified critical areas consultant developing mitigation plans and design shall be a professional engineer licensed in the state of Washington and familiar with landslide and slope stability mitigation. For wetlands and streams, the qualified critical areas consultant shall be a specialist in botany, fisheries, wetland biology, and/or hydrology with a minimum of five years' field experience with wetlands and/or streams in the Pacific Northwest. The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 288 5.8.d Edmonds Page 6/65 Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS Requirements defining a qualified critical areas consultant or qualified professional are contained within the chapter U) on each critical area type. m c "Reasonable economic use(s)" means the minimum use to which a property owner is entitled under applicable state and federal constitutional provisions in order to avoid a taking and/or violation of substantive due process. `p s Cn "Redeveloped land(s)" means those lands on which existing structures are demolished in their entirety to allow for new development. The director shall maintain discretion to determine if the demolition of a majority of existing c' structures or portions thereof constitute the redevelopment of a property or subject parcel. 041 "Restoration" means the actions necessary to return a stream, wetland or other critical area to a state in which its o stability, functions and values approach its unaltered state as closely as possible. For wetlands, restoration as compensatory mitigation may include reestablishment or rehabilitation. Seismic Hazard Areas. See ECDC 23.80.020(C). "Species of local importance" means those species that are of local concern due to their population status, their sensitivity to habitat manipulation, or that are game (hunted) species. (See ECDC 23.90.010(A)(4).) "Storm Water Management Manual" means the storm water manual specified in Chapter 18.30 ECDC. "Streams" means any area where surface waters produce a defined channel or bed which demonstrates clear evidence, such as the sorting of sediments, of the passage of water. The channel or bed need not contain water year-round. This definition is not meant to include irrigation ditches, canals, storm or surface water runoff devices (drainage ditches) or other entirely artificial watercourses unless they are used by salmonids or used to convey streams naturally occurring prior to construction of such watercourse. Streams are further classified into Categories S, F, Np and Ns and fishbearing or nonfishbearing 1, 2 and 3. (See ECDC 23.90.010(A)(1).) "Title" means all chapters of the city of Edmonds Development Code beginning with the digits 23. "Undeveloped land(s)" means land(s) on which manmade structures or land modifications (clearing, grading, etc.) do not exist. The director retains discretion to identify undeveloped land(s) in those instances where historical modifications and structures may have existed on a property or subject parcel in the past. "Wetland functions" means those natural processes performed by wetlands, such as facilitating food chain production; providing habitat for nesting, rearing and resting sites for aquatic, terrestrial or avian species; maintaining the availability and quality of water; acting as recharge and/or discharge areas for ground water aquifers; and moderating surface water and storm water flows. "Wetland mitigation bank" means a site where wetlands are restored, created, enhanced, or in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to similar resources. "Wetlands" means those areas that are inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street or highway. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands if permitted by the city (WAC 365-190-030(22)). Wetlands are further classified into Categories 1, 2, 3 and 4. (See ECDC 23.50.010(B).) [Ord. 4026 § 1 (Att. A), 2016; Ord. 3952 § 1, 2013; Ord. 3931 § 2, 2013; Ord. 3527 § 2, 2004. Formerly 23.40.320]. 23.40.010 Authority. A. As provided herein, the Edmonds development services director or his/her designee (hereafter referred to as "the director") is given the authority to interpret and apply, and the responsibility to enforce, this title to accomplish the stated purpose. The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 289 5.8.d Edmonds Page 7/65 Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS B. The director may withhold, condition, or deny development permits or activity approvals to ensure that the proposed action is consistent with this title. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. m c 23.40.020 Relationship to other regulations. A. These critical areas regulations shall apply as an overlay and in addition to zoning, site development, storm water `0 management, building and other regulations adopted by the city of Edmonds. Cn B. Any individual critical area adjoined or overlain by another type of critical area shall have the buffer and meet the c' requirements that provide the most protection to the critical areas involved. When any provision of this title or any v existing land use regulation conflicts with this title, that which provides more protection to the critical area shall apply. 0 C. These critical areas regulations shall be coordinated with review conducted under the State Environmental Policy 2 Act (SEPA), as necessary and locally adopted. D. Compliance with the provisions of this title does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, shoreline substantial development permits, Hydraulic Permit Act (HPA) permits, Section 106 of the National Historic Preservation Act, U.S. Army Corps of Engineers Section 404 permits, and National Pollution Discharge Elimination System permits). The applicant is responsible for complying with these requirements, apart from the process established in this title. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.40.030 Severability. If any clause, sentence, paragraph, section, or part of this title or the application thereof to any person or circumstances shall be judged by any court of competent jurisdiction to be invalid, such order or judgment shall be confined in its operation to the controversy in which it was rendered. The decision shall not affect or invalidate the remainder of any part thereof and to this end the provisions of each clause, sentence, paragraph, section, or part of this law are hereby declared to be severable. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.40.040 Jurisdiction — Critical areas. A. The director shall regulate all uses, activities, and developments within, adjacent to, or likely to affect one or more critical areas, consistent with the best available science and the provisions herein. B. Critical areas regulated by this title include: 1. Wetlands as designated in Chapter 23.50 ECDC, Wetlands; 2. Critical aquifer recharge areas as designated in Chapter 23.60 ECDC, Critical Aquifer Recharge Areas; 3. Frequently flooded areas as designated in Chapter 23.70 ECDC, Frequently Flooded Areas; 4. Geologically hazardous areas as designated in Chapter 23.80 ECDC, Geologically Hazardous Areas; and 5. Fish and wildlife habitat conservation areas as designated in Chapter 23.90 ECDC, Fish and Wildlife Habitat Conservation Areas. C. All areas within the city of Edmonds meeting the definition of one or more critical areas, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this title. D. Areas Adjacent to Critical Areas Subject to Regulation. Areas adjacent to critical areas shall be considered to be within the jurisdiction of these requirements and regulations to support the intent of this title and ensure protection of the functions and values of critical areas. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.40.050 Protection of critical areas. Any action taken pursuant to this title shall result in equivalent or greater functions and values of the critical areas associated with the proposed action, as determined by the best available science. All actions and developments shall be designed and constructed in accordance with ECDC 23.40.120, Mitigation sequencing, to avoid, minimize, and restore all adverse impacts. Applicants must first demonstrate an inability to avoid or reduce impacts before the use of actions The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 290 5.8.d Edmonds Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS Page 8/65 to mitigate potential impacts will be allowed. No activity or use shall be allowed that results in a net loss of the functions or values of critical areas. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.40.055 City council reports. The director will provide a report to the city council during the first and third quarter each year, summarizing critical area decisions that have been made since the previous report. The report will include information such as the number and type of critical area decisions that have been made, including information on buffers and enhancements approved for each applicable decision, a description of each approved restoration project, and other information specifically requested by the council following the previous report. [Ord. 4026 § 1 (Att. A), 2016]. Part II. Critical Areas Review Process 23.40.060 General requirements. A. As part of this review, the director shall: 1. Verify the information submitted by the applicant; 2. Evaluate the project area and vicinity for critical areas; 3. Determine whether the proposed project is likely to impact the functions or values of critical areas; and 4. Determine if the proposed project adequately assesses all impacts, avoids impacts, and/or mitigates impacts to the critical area associated with the project. B. If the proposed project is within, adjacent to, or is likely to impact a critical area, the director shall: 1. Require a critical areas report from the applicant that has been prepared by a qualified professional; 2. Review and evaluate the critical areas report; 3. Determine whether the development proposal conforms to the purposes and performance standards of this title, including the criteria in ECDC 23.40.160, Review criteria; 4. Assess the potential impacts to the critical area and determine if they can be avoided or minimized; and 5. Determine if any mitigation proposed by the applicant is sufficient to protect the functions and values of the critical area and public health, safety, and welfare concerns consistent with the goals, purposes, objectives, and requirements of this title. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.40.070 Critical areas preapplication consultation. Any person preparing to submit an application for development or use of land that may be regulated by the provisions of this title may request a preapplication meeting with the director prior to submitting an application for development or other approval. At this meeting, the director shall discuss the requirements of this title; provide critical areas maps, scientific information, and other source materials; outline the review process; and work with the activity proponent to identify any potential concerns that might arise during the review process, in addition to discussing other permit procedures and requirements. All applicants, regardless of participation in a preapplication meeting, are held fully responsible for knowledge and disclosure of critical areas on, adjacent to, or associated with a subject parcel and full compliance with the specific provisions and goals, purposes, objectives, and requirements of this title. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.40.080 Notice of initial determination. A. If the director determines that no critical areas report is necessary, the director shall state this in the notice of application issued for the proposal. B. If the director determines that there are critical areas on the site that the proposed project is unlikely to impact and the project meets the requirements for and has been granted a waiver from the requirement to complete a critical areas report, this shall be stated in the notice of application for the proposal. A waiver may be granted if the director determines that all of the following requirements will be met: The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 291 5.8.d Edmonds Page 9/65 Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS 1. There will be no alteration of the critical area or buffer; 2. The development proposal will not affect the critical area in a manner contrary to the purpose, intent, and requirements of this title. L C. If the director determines that critical areas may be affected by the proposal and a critical areas report is required, O s Cn public notice of the application shall include a description of the critical area that might be affected and state that a critical areas report(s) is required. M D. Critical areas determinations shall be considered valid for five years from the date in which the determination was F4 v made; after such date the city shall require a new determination, or at minimum documentation of a new assessment o verifying the accuracy of the previous determination. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.40.090 Critical areas report — Requirements. A. Preparation by Qualified Professional. The applicant shall submit a critical areas report prepared by a qualified professional as defined herein. For wetlands, frequently flooded areas and fish and wildlife habitat conservation areas, an applicant may choose one of the qualified technical consultants on the city's approved list to prepare critical areas reports per the requirements of this title or may apply to utilize an alternative consultant. Critical areas studies and reports developed by an alternative consultant may be subject to independent review pursuant to subsection (B) of this section. All costs associated with the critical areas study shall be borne by the applicant. B. Independent Review of Critical Areas Reports. Critical areas studies and reports on geologically hazardous areas and those developed by an applicant representative or consultant not as part of a three -party contract may, at the discretion of the director, be subject to independent review. This independent review shall be performed by a qualified technical consultant selected by the city with all costs borne by the applicant. The purpose of such independent review is to provide the city with objective technical assistance in evaluating the accuracy of submitted reports and/or the effects on critical areas which may be caused by a development proposal and to facilitate the decision -making process. The director may also have technical assistance provided by appropriate resource agency staff if such assistance is available in a timely manner. C. Best Available Science. The critical areas report shall use scientifically valid methods and studies in the analysis of critical areas data and field reconnaissance and reference the source of science used. The critical areas report shall evaluate the proposal and all probable impacts to critical areas in accordance with the provisions of this title. D. Minimum Report Contents. At a minimum, the report shall contain the following: 1. The name and contact information of the applicant, a description of the proposal, and identification of the permit requested; 2. A copy of the site plan for the development proposal including: a. A map to scale depicting critical areas, buffers, the development proposal, and any areas to be cleared; and b. A description of the proposed storm water management plan for the development and consideration of impacts to drainage alterations; c. The site plan shall identify the location of all native and nonnative vegetation of six inches dbh or larger; 3. The dates, names, and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site; 4. Identification and characterization of all critical areas, wetlands, water bodies, shorelines, and buffers adjacent to the proposed project area; 5. A description of reasonable efforts made to apply mitigation sequencing pursuant to ECDC 23.40.120, Mitigation sequencing, to avoid, minimize, and mitigate impacts to critical areas; 6. Report requirements specific to each critical area type as indicated in the corresponding chapters of this title; The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 292 5.8.d Edmonds Page 10/65 Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS 7. A statement specifying the accuracy of the report and all assumptions made and relied upon; 8. A description of the methodologies used to conduct the critical areas study, including references; and 9. Plans for adequate mitigation, as needed to offset any critical areas impacts, in accordance with the mitigation 0 plan requirements in ECDC 23.40.130. s Cn E. Unless otherwise provided, a critical areas report may incorporate, be supplemented by or composed, in whole or in M part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the N development proposal site, as approved by the director. At the discretion of the director, reports previously compiled ., or submitted as part of a proposal for development may be used as a critical areas report to the extent that the 0 requirements of this section and the report requirements for each specific critical area type are met. F. Critical areas reports shall be considered valid for five years; after such date the city shall determine whether a revision or additional assessment is necessary. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.40.100 Critical areas report — Modifications to requirements. d c A. Limitations to Study Area. The director may limit the required geographic area of the critical areas report as `o appropriate if. co 1. The applicant, with assistance from the city of Edmonds, cannot obtain permission to access properties 0 adjacent to the project area; or 2. The proposed activity will affect only a limited part of the subject site. Q 0. B. Modifications to Required Contents. The applicant may consult with the director prior to or during preparation of w the critical areas report to obtain approval of modifications to the required contents of the report where, in the c judgment of a qualified professional, more or less information is required to adequately address the potential critical area impacts and required mitigation. a� m C. Additional Information Requirements. The director may require additional information to be included in the critical areas report when determined to be necessary to the review of the proposed activity in accordance with this title. cc m Additional information that may be required includes, but is not limited to: Q 1. Historical data including original and subsequent mapping, aerial photographs, data compilations and 2 summaries, and available reports and records relating to the site or past operations at the site; m 2. Grading and drainage plans; and 5 3. Information specific to the type, location, and nature of the critical area. [Ord. 4026 § 1 (Att. A), 2016; Ord. a 3527 § 2, 2004]. a 23.40.110 Mitigation requirements. A. The applicant shall avoid all impacts that degrade the functions and values of critical areas. Unless otherwise provided in this title, if alteration to the critical area is unavoidable, all adverse impacts to or from critical areas and buffers resulting from a development proposal or alteration shall be mitigated using the best available science in accordance with an approved critical areas report and SEPA documents, so as to result in no net loss of critical area functions and values. B. Mitigation shall be sufficient to maintain or compensate for the functions and values of the impacted critical area and to prevent risk from a hazard posed by a critical area. C. Mitigation shall not be implemented until after the director has provided approval of a critical areas report that includes a mitigation plan. Mitigation shall be implemented in accordance with the provisions of the approved critical areas report. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 293 5.8.d Edmonds Page 11/65 Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS 23.40.120 Mitigation sequencing. A. Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas. B. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in `0 the following sequential order of preference: Cn 1. Avoiding the impact altogether by not taking a certain action or parts of an action; M 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using F4 v appropriate technology or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or 0 reduce impacts; 3. Rectifying the impact to wetlands, frequently flooded areas, and fish and wildlife habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project; c 4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineering or other `o methods; co 5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the 0 life of the action; 43 6. Compensating for the impact to wetlands, frequently flooded areas, and fish and wildlife habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and/or 7. Monitoring the hazard or other required mitigation and taking remedial action when necessary. C. Mitigation for individual actions may include a combination of the above measures. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.40.130 Mitigation plan requirements. When mitigation is required, the applicant shall submit for approval by the director a mitigation plan as part of the critical areas report. The mitigation plan shall include: A. Environmental Goals and Objectives. The mitigation plan shall include a written report identifying environmental goals and objectives of the compensation proposed and including: 1. A description of the anticipated impacts to the critical areas and the mitigating actions proposed and the purposes of the compensation measures, including the site selection criteria; identification of compensation goals; identification of resource functions; and dates for beginning and completion of site compensation construction activities. The goals and objectives shall be related to the functions and values of the impacted critical area; 2. A review of the best available science supporting the proposed mitigation; 3. An analysis of the likelihood of success of the compensation project; and 4. Specific mitigation plan and report requirements for each critical area type as indicated in this title. B. Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained and whether or not the requirements of this title have been met. C. Detailed Construction Plans. The mitigation plan shall include written specifications and descriptions of the mitigation proposed, such as: 1. The proposed construction sequence, timing, and duration; The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 294 5.8.d Edmonds Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS 2. Areas of proposed impacts on critical areas or buffers; 3. Grading and excavation details; 4. Erosion and sediment control features; 5. A planting plan specifying plant species, quantities, locations, size, spacing, and density; and 6. Measures to protect and maintain plants until established. Page 12/65 These written specifications shall be accompanied by detailed site diagrams, scaled cross -sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. E. Contingency Plan. The mitigation plan shall include identification of potential courses of action and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met. F. Financial Guarantees. The mitigation plan shall include financial guarantees, as necessary, to ensure that the mitigation plan is fully implemented. Financial guarantees ensuring fulfillment of the compensation project, monitoring program, and any contingency measures shall be posted in accordance with ECDC 23.40.290, Bonds to ensure mitigation, maintenance, and monitoring. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.40.140 Innovative mitigation. A. The city of Edmonds may encourage, facilitate, and approve innovative mitigation projects that are based on the best available science. Advance mitigation, in -lieu fee programs, or mitigation banking are examples of alternative mitigation approaches allowed under the provisions of this section if it is demonstrated that all of the following circumstances exist: 1. There are no reasonable opportunities on site or within the same subdrainage basin, or opportunities on site or within the subdrainage basin do not have a high likelihood of success based on a determination of the capacity of the site to compensate for the impacts. Considerations should include: anticipated replacement ratios for wetland mitigation, buffer conditions and proposed widths, available water to maintain anticipated hydrogeomorphic classes of wetlands when restored, proposed flood storage capacity, and potential to mitigate fish and wildlife impacts (such as connectivity); 2. The off -site mitigation has a greater likelihood of providing equal or improved critical areas functions than the altered critical area, and there is a clear potential for success of the proposed mitigation at the identified mitigation site; 3. Off -site locations shall be in the same basin and within the city unless: a. Established watershed goals for water quality, flood storage or conveyance, habitat, or other wetland functions have been established by the city and strongly justify location of mitigation at another site; or b. Credits from an approved (state -certified) wetland mitigation bank are used as compensation, and the use of credits is consistent with the terms of the approved bank instrument; c. Fees are paid to an approved in -lieu fee program to compensate for the impacts. The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 295 Edmonds Page 13/65 Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS B. Development proposals impacting critical areas and/or associated buffers may contribute payment towards an identified city of Edmonds mitigation project with approval from the director; provided, that the mitigation approach meets all state and federal permit requirements, where required. Such mitigation actions shall be consistent with subsections (A)(1) and (A)(2) of this section, and with all other applicable provisions of Chapters 23.50 and 23.90 ECDC. C. Conducting mitigation as part of a cooperative process provides for retention or an increase in the beneficial functions and values of critical areas within the Edmonds jurisdiction. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.40.150 Critical areas decision. The city of Edmonds development services director shall make a decision as to whether the proposed activity and mitigation, if any, is consistent with the provisions of this title. The decision shall be based on the criteria of ECDC 23.40.160, Review criteria, and shall affect and be incorporated within the larger project decision. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.40.160 Review criteria. A. Any alteration to a critical area, unless otherwise provided for in this title, shall be reviewed and approved, approved with conditions, or denied based on the proposal's ability to comply with all of the following criteria: 1. The proposal minimizes the impact on critical areas in accordance with ECDC 23.40.120, Mitigation sequencing; 2. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; 3. The proposal is consistent with the general purposes of this title and the public interest; 4. Any alterations permitted to the critical area are mitigated in accordance with ECDC 23.40.110, Mitigation requirements; 5. The proposal protects the critical area functions and values consistent with the best available science and results in no net loss of critical area functions and values; and 6. The proposal is consistent with other applicable regulations and standards. B. The director may condition the proposed activity as necessary to mitigate impacts to critical areas and to conform to the standards required by this title. Except as provided for by this title, any project that cannot adequately mitigate its impacts to critical areas in the sequencing order of preferences in ECDC 23.40.120 shall be denied. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.40.170 Favorable critical areas decision. If the director determines that the proposed activity meets or is exempt from the criteria in ECDC 23.40.160, Review criteria, and complies with the applicable provisions of this title, the development services director shall prepare a written notice of decision for the applicant and identify any required conditions of approval as part of the larger project decision. The notice of decision and conditions of approval shall be included in the project file and be considered in the next phase of the city's review of the proposed activity in accordance with any other applicable codes or regulations. Any conditions of approval included in a notice of decision shall be attached to the underlying permit or approval. Any subsequent changes to the conditions of approval shall void the previous decision pending re -review of the proposal and conditions of approval previously set by the director. A favorable decision should not be construed as endorsement or approval of any underlying permit or approval. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 296 Edmonds Page 14/65 Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS 23.40.180 Unfavorable critical areas decision. y c� If the director determines that a proposed activity is not exempt or does not adequately mitigate its impacts on critical areas and/or does not comply with the criteria in ECDC 23.40.160, Review criteria, and the provisions of this title, the director shall prepare a written decision for the applicant that includes findings of noncompliance. L No proposed activity or permit shall be approved or issued if it is determined that the proposed activity does not 0 Cn adequately mitigate its impacts on the critical areas and/or does not comply with the provisions of this title. Ln Following notice of decision that the proposed activity does not meet the review criteria and/or does not comply with v the applicable provisions of this title, the applicant may request consideration of a revised critical area report. If the revision is found to be substantial and relevant to the critical area review, the director may reopen the critical area o review and make a new decision based on the revised report. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.40.190 Completion of the critical areas review. The director's decision regarding critical areas pursuant to this title shall be final concurrent with the final project decision to approve, condition, or deny the development proposal or other activity involved. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.40.195 Contingent review procedure for certain types of development. A. Scope. The procedures set forth in this section shall apply to the following types of critical area restoration projects as allowed by ECDC 23.40.215: 1. Restoration projects involving anadromous fish streams; 2. Restoration projects involving Category I or Category II wetlands; 3. Restoration projects involving Category I or Category II estuarine wetlands. B. Notice of Application. Development activity within the scope of subsection (A) of this section shall be processed as a Type II application, unless the process is altered according to subsection (D) of this section. In addition to the notice provided pursuant to ECDC Title 20, notice of application for all such development shall also be sent to the city council by email. C. Contingent Review Process. Development activity within the scope of subsection (A) of this section shall be escalated to a Type III -A process when: 1. The city receives a request from any person for a public hearing within 14 days of the date of the notice of application; and 2. The public hearing request is accompanied by a hearing fee in the amount of 50 percent of the difference between the Type II and Type III -A application fee. D. Effect of Contingent Review. When the contingent review process is triggered pursuant to subsection (C) of this section, the project applicant shall pay the other 50 percent of the difference between the Type II and Type III -A application fee, on top of the previously paid Type II application fee. The applicant shall pay this fee within 30 days of notice from the city that the fee is due. If the applicant fails to pay the additional fee within the required 30-day period, the application for the project shall be deemed withdrawn. The city shall not schedule the public hearing until the additional fee has been paid. For these public hearings, the cost of the hearing examiner shall be borne by the city. E. Notice of Decision. Whether development activity within the scope of subsection (A) of this section is processed as a Type II application or escalated to a Type III -A application, notice of decision shall be sent by email to the city council in addition to any other notice that may be required by ECDC Title 20. [Ord. 4026 § 1 (Att. A), 2016]. 23.40.200 Appeals. Any decision to approve, condition, or deny a development proposal or other activity based on the requirements of this title may be appealed according to, and as part of, the appeal procedure, if any, for the permit or approval involved. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3736 § 71, 2009; Ord. 3527 § 2, 2004]. The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 297 5.8.d Edmonds Page 15/65 Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS 23.40.210 V-aFianees. U) A. Varia-nees ffafn the standards of this title may be au4hafized tl�feugh the pfeeess of hearing examiner aeeefdanee with the pfeeedufes set fef4h in Chapter- 20.85 ECDC only if an appliean4 demonstrates that one or more of the following tn.e ,. ndit:ens exist: m L O 1. The application of this title would prohibit a development proposal by a public agency or public util Cn public agency n.7 utility exception may be granted as a variance if: . . Ln M a. There is no other practical alter -native to the proposed developmen4 with less impact on the critical , N C b. The applieatien of this title weuld uflfeasenably rest+iet the ability to pfavide utility setwiees to the public—, O :r U development proposal site; M f � d. The proposal attempts to protect and mitigate impacts to the critical area fuuetions and values consist N O with the lest available seieftee;an,l L O e. The proposal ; consistent with other applicable regulations and s•1nn,ln,•,]n vI O 2. The application of this title would deny all reasonable economic use (see the definition of "reasonable - economic use(s)" in ECDC 23.40.005) of the subject property. A reasonable use exception may be auffierized as .Q a. The application of this title would deny all reasonable economic use of a property or subject parcel; b. No other reasonable economic use of the property censisten4 with the underlying zoning and the city a to C O eemprehensiye plan has lens impact on the critical area; • }, cc e. The proposed impaet te the efitieal area is the minimum necessary to allow for- reasonable economic use of the O f O O L . The inability of the applicant to derive reasonable economic use of the property is not the result of actionsby the applicant after- the effective da4e ef the efdina-mee codified in this title of its pfedeeesser-; (� health,e. The proposal does fiat pose an uffeasenable Offem to the public , or- welfafe on or- eff the L development proposal site; M f W 25 science; an f The proposal minimizes net loss of critical area functions and values consistent with the best available- '0 Q rt The proposal is consistent with other applicable regulations and stnn.lnr.ls Q d B. Specific Variance Criteria. A variance may be gran4ed if the applican4 demonstrates that the requested action U) nF r-MS to all of the following specific er:ter:e. � U 1. Special conditions and eifellMstanees exist tha4 afe peculiar- to the !a-nd, the lot, or something inherent in the c O land, and that n of applicable to other lands ;n the same district; E " f � U 2. The special conditions and eir-etunstanees de fiet result ffem the actions ef the a-p-plieant-, ji this title, and the variance requested is the minimum necessary to provide the appliean4 with such rigW, r Q m c c 4. Granfing th asted will not confer on the applicant any special privilege that is denied by this title to ether lends st.•.,et„res of buildings under n fnil"r circumstances; m E z c� Q The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 298 5.8.d Edmonds Page 16/65 Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS welfare or injtwiotts to the property or improvements in the vicinity of the subject property; and 5. The gr-a-pAiag ef the varianee is consistent with the genefal pt"ese and ifAef4 ef this title, and NN411 net AiAher- 6. The decision to grant the variance is based upon the best available scienee and gives speeial consideration to L 0 s Cn Ln Heafing Examiner- Review. The eity he shall, as a T25Te H! A deeision (see Chapter- 20.01 ECDC), M N ker-ia pfavided in subseetions (A) and (B) of this seetia*. :r t� N and to easufe with this t L f granted thfough hearing exa r- ....., ............ ...... . .....t.v v..vv..............1 11.1..... r...........,.... ..— r.......I.— v .. ......,.va1----.— 0 L completed, or both. Failure to begin or complete such action within the established time limit shall void t 0 .riancebegLm, , unless the applicant files an application for an ex4ension of time before the expiration. An application for co tension of time shall be Feviewed by the difeeter- as a Type 11 deeision (see Chapter- . 0 d M U a 23.40.215 Critical area restoration projects. A. When a critical area restoration project is proposed that is not required as mitigation for a development proposal, 0 the director or hearing examiner (as applicable) may grant relief from standard critical area buffer requirements if the o restoration project involves: m 1. The daylighting of a stream or tidal channel; or M m L 2. Expansion of a wetland that would cause a landward expansion of the wetland buffer. a B. The restoration project proposal will include a proposed buffer width for the project that is developed from an assessment by a qualified critical area consultant on the buffer width necessary to ensure that the restoration project is successful and the ecological functions of the areas adjacent to the stream or wetland will be enhanced. m x C. The director or hearing examiner (as applicable) will consider the proposed buffer width along with hydrologic, geologic, and other habitat data for the site to determine if the project warrants a buffer width that deviates from the a standard critical area buffer widths. °- D. If the director or hearing examiner (as applicable) determines that a reduced buffer width is appropriate for the proposed restoration project, the director may approve the reduced buffer width for the proposed restoration site. [Ord. 4026 § 1 (Att. A), 2016]. Part III. Allowed Activities, Exemptions and Noncompliance Penalties 23.40.220 Allowed activities. A. Critical Area Report. Activities allowed under this title shall have been reviewed and permitted or approved by the city of Edmonds or other agency with jurisdiction, but do not require submittal of a critical area report, unless such submittal was required previously for the underlying permit. The director may apply conditions to the underlying permit or approval to ensure that the allowed activity is consistent with the provisions of this title to protect critical areas. B. Required Use of Best Management Practices. All allowed activities shall be conducted using the best management practices that result in the least amount of impact to the critical areas. Best management practices shall be used for tree and vegetation protection, construction management, erosion and sedimentation control, water quality protection, and The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 299 5.8.d Edmonds Page 17/65 Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS regulation of chemical applications. The city may observe or require independent inspection of the use of best management practices to ensure that the activity does not result in degradation to the critical area. Any incidental damage to, or alteration of, a critical area shall be restored, rehabilitated, or replaced at the responsible party's expense. L C. Allowed Activities. The following activities are allowed: 0 Cn 1. Permit Requests Subsequent to Previous Critical Areas Review. Development permits and approvals that M involve both discretionary land use approvals (such as subdivisions, rezones, or conditional use permits) and v construction approvals (such as building permits) if all of the following conditions have been met: r_ 0 a. The provisions of this title have been previously addressed as part of another approval; b. There have been no material changes in the potential impact to the critical area or buffer since the prior review; c. The permit or approval has not expired or, if no expiration date, no more than five years have elapsed since the issuance of that permit or approval; d. There is no new information available that is applicable to any critical area review of the site or particular critical area; and e. Compliance with any standards or conditions placed upon the prior permit or approval has been achieved or secured; 2. Modification to Structures Existing Outside of Critical Areas and/or Buffers. Structural modification of, addition to, or replacement of a legally constructed structure existing outside of a critical area or its buffer that does not further alter or increase the impact to the critical area or buffer and there is no increased risk to life or property as a result of the proposed modification or replacement; 3. Modifications to Existing Structures within Critical Areas and/or Buffers. Modification to a legally constructed structure existing within a critical area or buffer shall be allowed when the modification: a. Does not increase the footprint of the structure; and b. Does not increase the impact to the critical area or buffer; and c. Does not increase risk to life or property as a result of the proposed modification or replacement. Additions to legally constructed structures existing within a critical area or buffer that do increase the existing footprint of development shall be subject to and permitted in accordance with the development standards of the associated critical area type (see ECDC 23.50.040 and 23.90.040). This provision shall be interpreted to supplement the provisions of the Edmonds Community Development Code relating to nonconforming structures in order to permit the full reconstruction of a legal nonconforming building within its footprint; 4. Development Proposals within Interrupted Stream or Wetland Buffers. Adjacent areas that may be physically separated from a stream or wetland due to existing, legally established structures or paved areas may be exempted from the prescribed buffer widths if proven scientifically to be functionally isolated from the stream or wetland. The director will require the applicant to provide a site assessment and functional analysis documentation report by a qualified critical area consultant that demonstrates the interrupted buffer area is functionally isolated. The director shall consider the hydrologic, geologic, and/or biological habitat connection potential and the extent and permanence of the physical separation; 5. Activities within the Improved Right -of -Way. Replacement, modification, installation, or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances, when such facilities are located within the improved portion of the public right-of-way or a city -authorized private roadway, except those activities that alter a wetland or watercourse, such as culverts or bridges, or result in the transport of sediment or increased storm water; The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 300 5.8.d Edmonds Page 18/65 Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS 6. Minor Utility Projects. Utility projects that have minor or short -duration impacts to critical areas, as determined by the director in accordance with the criteria below, and which do not significantly impact the function or values of a critical area(s); provided, that such projects are constructed with best management practices and additional restoration measures are provided. Minor activities shall not result in the transport of d sediment or increased storm water. Such allowed minor utility projects shall meet the following criteria: 0 Cn a. There is no practical alternative to the proposed activity with less impact on critical areas; Ln M b. The activity involves the placement of utility pole(s), street sign(s), anchor(s), or vault(s) or other small v component(s) of a utility facility; and r_ 0 c. The activity involves disturbance of an area less than 75 square feet; 7. Public and Private Pedestrian Trails. New public and private pedestrian trails subject to the following: a. The trail surface shall be limited to pervious surfaces and meet all other requirements, including water quality standards set forth in the current editions of the International Residential Code and International Building Code, as adopted in ECDC Title 19; b. Critical area and/or buffer widths shall be increased, where possible, equal to the width of the trail corridor, including disturbed areas; c. Trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report; and d. Trails located only in the outer 25 percent of critical areas buffers, and located to avoid removal of significant trees. Where existing legally established development has reduced the width of the critical areas buffer, trails may be placed in the outer 25 percent of the remaining critical area buffer. The trail shall be no more than five feet in width and for pedestrian use only. Raised boardwalks utilizing nontreated pilings may be acceptable. Allowances for trails within the inner 75 percent of critical areas buffers are provided within applicable sections of Chapters 23.50 through 23.90 ECDC; 8. Select Vegetation Removal Activities. The following vegetation removal activities: a. The removal of the following vegetation with hand labor and hand-held equipment when the area of work is under 1,500 square feet in area as calculated cumulatively over three years: i. Invasive and noxious weeds; ii. English ivy (Hedera helix); iii. Himalayan blackberry (Rubus discolor, R. procerus); iv. Evergreen blackberry (Rubus laciniatus); v. Scot's broom (Cytisus scoparius); and vi. Hedge and field bindweed (Convolvulus sepium and C. arvensis); Removal of these invasive and noxious plant species shall be restricted to hand removal unless permits or approval from the appropriate regulatory agencies have been obtained for approved biological or chemical treatments or other removal techniques. All removed plant material shall be taken away from the site and appropriately disposed of. Plants that appear on the Washington State Noxious Weed Control Board list of noxious weeds must be handled and disposed of according to a noxious weed control plan appropriate to that species; The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 301 5.8.d Edmonds Page 19/65 Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS b. The removal of trees from critical areas and buffers that are hazardous, posing a threat to public safety, or U) posing an imminent risk of damage to private property; provided, that: m c i. The applicant submits a report from an ISA- or ASCA-certified arborist or registered landscape architect that documents the hazard and provides a replanting schedule for the replacement trees; `p s Cn ii. Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified professional. Where pruning or crown thinning is not sufficient to address the hazard, trees should be c' removed or converted to wildlife snags; v iii. All vegetation cut (tree stems, branches, etc.) shall be left within the critical area or buffer unless o removal is warranted due to the potential for disease or pest transmittal to other healthy vegetation or U unless removal is warranted to improve slope stability; iv. The land owner shall replace any trees that are removed with new trees at a ratio of two replacement trees for each tree removed (2:1) within one year in accordance with an approved restoration plan. Replacement trees may be planted at a different, nearby location if it can be determined that planting in the same location would create a new hazard or potentially damage the critical area. Replacement trees shall be species that are native and indigenous to the site and a minimum of one to two inches in diameter at breast height (dbh) for deciduous trees and a minimum of six feet in height for evergreen trees as measured from the top of the root ball; v. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife biologist shall be consulted to determine timing and methods of removal that will minimize impacts; and vi. Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or private property, or of serious environmental degradation may be removed or pruned by the land owner prior to receiving written approval from the city; provided, that within 14 days following such action, the land owner shall submit a restoration plan that demonstrates compliance with the provisions of this title; c. Measures to control a fire or halt the spread of disease or damaging insects consistent with the State Forest Practices Act, Chapter 76.09 RCW; provided, that the removed vegetation shall be replaced in kind or with similar native species within one year in accordance with an approved restoration plan; d. Chemical Applications. The application of herbicides, pesticides, organic or mineral -derived fertilizers, or other hazardous substances, if necessary, as approved by the city; provided, that their use shall be restricted in accordance with State Department of Fish and Wildlife Management Recommendations and the regulations of the State Department of Agriculture, the U.S. Environmental Protection Agency, and Department of Ecology; and e. Unless otherwise provided, or as a necessary part of an approved alteration, removal of any vegetation or woody debris from a fish and wildlife habitat conservation area or wetland shall be prohibited; 9. Minor Site Investigative Work. Work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads or significant amounts of excavation. In every case, impacts to the critical area shall be minimized and disturbed areas shall be immediately restored; and 10. Navigational Aids and Boundary Markers. Construction or modification of navigational aids and boundary markers. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.40.230 Exemptions. A. Exemption Request and Review Process. The proponent of the activity may submit a written request for exemption to the director that describes the activity and states the exemption listed in this section that applies. The director shall review the exemption request to verify that it complies with this title and approve or deny the exemption. If the exemption is approved, it shall be placed on file with the city of Edmonds. If the exemption is denied, the proponent may continue in the review process and shall be subject to the requirements of this title. The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 302 5.8.d Edmonds Page 20/65 Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS B. Exempt Activities and Impacts to Critical Areas. All exempted activities shall use reasonable methods to avoid potential impacts to critical areas. To be exempt from this title does not give permission to degrade a critical area or ignore risk from natural hazards. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the responsible parry's expense. L C. Exempt Activities. The following developments, activities, and associated uses shall be exempt from the provisions 0 Cn of this title; provided, that they are otherwise consistent with the provisions of other local, state, and federal laws and requirements: cL i N 1. Emergencies. Those activities necessary to prevent an immediate threat to public health, safety, or welfare, or that pose an immediate risk of damage to private property and that require remedial or preventative action in a o time frame too short to allow for compliance with the requirements of this title. Emergency actions that create an impact to a critical area or its buffer shall use reasonable methods to address the emergency; in addition, they must have the least possible impact to the critical area or its buffer. The person or agency undertaking such action shall notify the director within one working day following commencement of the emergency activity. Within 30 days, the director shall determine if the action taken was within the scope of the emergency actions allowed in this subsection. If the director determines that the action taken, or any part of the action taken, was beyond the scope of an allowed emergency action, then enforcement provisions of ECDC 23.40.240, Unauthorized critical area alterations and enforcement, shall apply. After the emergency, the person or agency undertaking the action shall fully fund and conduct necessary restoration and/or mitigation for any impacts to the critical area and buffers resulting from the emergency action in accordance with an approved critical areas report and mitigation plan. The person or agency undertaking the action shall apply for review, and the alteration, critical area report, and mitigation plan shall be reviewed by the director in accordance with the review procedures contained herein. Restoration and/or mitigation activities must be initiated within one year of the date of the emergency and completed in a timely manner; 2. Operation, Maintenance, or Repair. Operation, maintenance, or repair of existing structures, infrastructure improvements, utilities, public or private roads, dikes, levees, or drainage systems that do not require construction permits, if the activity does not further alter or increase the impact to, or encroach further within, the critical area or buffer and there is no increased risk to life or property as a result of the proposed operation, maintenance, or repair. Operation and maintenance also includes normal maintenance of vegetation performed in accordance with best management practices; provided, that such management actions are part of regular and ongoing maintenance, do not expand further into the critical area, are not the result of an expansion of the structure or utility, and do not directly impact an endangered or threatened species; and 3. Passive Outdoor Activities. Recreation, education, and scientific research activities that do not degrade the critical area, including fishing, hiking, and bird watching. Trails must be constructed pursuant to ECDC 23.40.220(C)(7), Public and Private Pedestrian Trails. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.40.240 Unauthorized critical area alterations and enforcement. A. When a critical area or its buffer has been altered in violation of this title or the provisions of Chapter 7.200 ECC, all ongoing development work shall stop and the critical area shall be restored. The director shall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation, or replacement measures at the owner's or other responsible party's expense to compensate for violation of the provisions of this title. The director may also require an applicant or property owner to take immediate action to ensure site stabilization and/or erosion control as needed. B. Requirement for Restoration Plan. All development work shall remain stopped until a restoration plan is prepared and approved by the director. Such a plan shall be prepared by a qualified professional using the best available science and shall describe how the actions proposed meet the minimum requirements described in subsection (C) of this section. The director shall, at the violator's expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for revision and resubmittal. C. Minimum Performance Standards for Restoration. The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 303 5.8.d Edmonds Page 21/65 Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS 1. For alterations to frequently flooded areas, wetlands, and fish and wildlife habitat conservation areas, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater functional and habitat values can be obtained, these standards may be modified: L a. The historic structural and functional values shall be restored, including water quality and habitat 0 Cn functions; Ln M b. The historic soil types and configuration shall be replicated; v c. The critical area and buffers shall be replanted with native vegetation that replicates the vegetation 0 historically found on the site in species types, sizes, and densities. The historic functions and values should be replicated at the location of the alteration; and •L d. Information demonstrating compliance with the requirements in ECDC 23.40.130, Mitigation plan requirements, shall be submitted to the city planning division. 2. For alterations to flood and geological hazards, the following minimum performance standards shall be met for `o the restoration of a critical area; provided, that if the violator can demonstrate that greater safety can be obtained, co these standards may be modified: 0 a. The hazard shall be reduced to a level equal to, or less than, the predevelopment hazard; d M b. Any risk of personal injury resulting from the alteration shall be eliminated or minimized; and Q a c. The hazard area and buffers shall be replanted with native vegetation sufficient to minimize the hazard. w c 0 D. Site Investigations. The director is authorized to make site inspections and take such actions as are necessary to enforce this title. The director shall present proper credentials and make a reasonable effort to contact any property 3 owner before entering onto private property. E. Penalties. Any person, party, firm, corporation, or other legal entity convicted of violating any of the provisions of this title shall be guilty of a misdemeanor and subject to penalties not to exceed a square footage cost of $3.00 per square foot of impacted critical area and critical area buffer and/or a per tree penalty consistent with ECDC 18.45.070(B) and (Q. Any development carried out contrary to the provisions of this title shall constitute a public nuisance and may be enjoined as provided by the statutes of the state of Washington. The city of Edmonds may levy civil penalties against any person, party, firm, corporation, or other legal entity for violation of any of the provisions of this title. The civil penalty shall be assessed as prescribed in ECDC 18.45.070 and 18.45.075. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3828 § 2, 2010; Ord. 3527 § 2, 2004]. Part IV. General Critical Areas Protective Measures 23.40.250 Critical areas markers and signs. A. The boundary at the outer edge of a critical area, critical area buffer or critical area tract may, at the discretion of the director, be required to be delineated with wood fencing. B. The boundary at the outer edge of the critical area or buffer may be identified with temporary signs prior to any site alteration. Such temporary signs may be replaced with permanent signs prior to occupancy or use of the site. C. These provisions may be modified by the director as necessary to ensure protection of sensitive features or wildlife needs. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.40.270 Critical areas tracts and easements. A. At the discretion of the director, critical areas tracts and/or easements may be required in development proposals for developments that include critical areas. These critical areas tracts and/or easements shall delineate and protect those contiguous critical areas and buffers greater than 5,000 square feet including: 1. Landslide hazard areas and buffers; The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 304 Edmonds Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS 2. Wetlands and buffers; 3. Fish and wildlife habitat conservation areas; and 4. Other lands to be protected from alterations as conditioned by project approval. Page 22/65 B. Notice on Title. The owner of any property with field -verified presence of critical areas and/or critical areas buffers, except critical aquifer recharge areas, for which a permit application is submitted shall, as a condition of permit issuance, record a notice of the existence of such critical area and/or critical area buffer against the property with the Snohomish County auditor's office. The notice shall be approved by the director and the city attorney for compliance with this provision. The titleholder will have the right to challenge this notice and to have it released if the critical area designation no longer applies; however, the titleholder shall be responsible for completing a critical areas report, subject to approval by the director, before the notice on title can be released. C. Critical areas tracts or easements shall be designated on the face of the plat or recorded drawing in a format approved by the director. The designation shall include the following restrictions: 1. An assurance that native vegetation will be preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering, and protecting plants, fish, and animal habitat; and 2. The right of the director to enforce the terms of the restriction. D. The director may require that critical areas tracts be dedicated to the city, to be held in an undivided interest by each owner of a building lot within the development with the ownership interest passing with the ownership of the lot, or held by an incorporated homeowner's association or other legal entity (such as a land trust), which ensures the ownership, maintenance, and protection of the tract and contains a process to assess costs associated therewith. E. The use of herbicides within critical areas tracts or easements is prohibited except use of aquatic approved herbicides where recommended by the Noxious Weed Control Board and where otherwise consistent with the provisions of this title. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.40.280 Building setbacks. Except for geologically hazardous areas where setbacks are determined by a geotechnical report, buildings and other structures shall be set back a distance of 15 feet from the edges of all critical area buffers or from the edges of all critical areas, if no buffers are required. In addition to other allowances provided by this title, the following may be allowed in the building setback area: A. Landscaping; B. Uncovered decks; C. Building overhangs, if such overhangs do not extend more than 30 inches into the setback area; and D. Impervious ground surfaces, such as driveways and patios; provided, that such improvements may be subject to water quality regulations as adopted in the current editions of the International Residential Code and International Building Code, as adopted in ECDC Title 19. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.40.290 Bonds to ensure mitigation, maintenance, and monitoring. A. When mitigation required pursuant to a development proposal is not completed prior to final permit approval, such as final plat approval or final building inspection, the applicant shall be required to post a performance bond or other security in a form and amount deemed acceptable by the director. If the development proposal is subject to mitigation, the applicant shall post a mitigation bond or other security in a form and amount deemed acceptable by the city to ensure mitigation is fully functional. B. The bond shall be in the amount of 120 percent of the estimated cost of the uncompleted actions or the estimated cost of restoring the functions and values of the critical area that are at risk, whichever is greater. The amount of the The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 305 Edmonds Page 23/65 Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS performance bond shall include a reasonable allocation for inflation based on the length of anticipated delay and the W provisions of subsection (D) of this section. m c C. The bond shall be in the form of a surety bond, performance bond, and/or maintenance bond from an acceptable W financial institution, with terms and conditions acceptable to the city of Edmonds' attorney. `0 s Cn D. Bonds or other security authorized by this section shall remain in effect until the director determines, in writing, that the standards bonded for have been met. Bonds or other security shall be held by the city for a minimum of five c' years to ensure that the required mitigation has been fully implemented and demonstrated to function, and may be held v for longer periods when necessary to achieve these goals. 0 0 E. Depletion, failure, or collection of bond funds shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, monitoring, or restoration. L F. Public development proposals shall be relieved from having to comply with the bonding requirements of this section if public funds have previously been committed for mitigation, maintenance, monitoring, or restoration. c G. Any failure to satisfy critical area requirements established by law or condition including, but not limited to, the `o failure to provide a monitoring report within 30 days after it is due or comply with other provisions of an approved co mitigation plan shall constitute a default, and the city may demand payment of any financial guarantees or require 0 other action authorized under this title or any other law. d H. Any funds recovered pursuant to this section shall be used to complete the required mitigation. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. a 23.40.300 Critical area inspections. Reasonable access to the site shall be provided to the city, state, and/or federal agency review staff for the purpose of inspections during any proposal review, restoration, emergency action, or monitoring period. Failure to provide access shall constitute grounds for issuance of a stop work order. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Part V. Incorporation of Best Available Science 23.40.310 Best available science. A. Protect Functions and Values of Critical Areas with Special Consideration to Anadromous Fish. Critical areas reports and decisions to alter critical areas shall rely on the best available science to protect the functions and values of critical areas and must give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish, such as salmon and bull trout, and their habitat, where applicable. B. Best Available Science to Be Consistent with Criteria. The best available science is that scientific information applicable to the critical area prepared by local, state, or federal natural resource agencies, a qualified scientific professional, or a team of qualified scientific professionals that is consistent with criteria established in WAC 365-195-900 through 365-195-925 and RCW 36.70A.172. C. Characteristics of a Valid Scientific Process. In the context of critical areas protection, a valid scientific process is one that produces reliable information useful in understanding the consequences of a local government's regulatory decisions, and in developing critical areas policies and development regulations that will be effective in protecting the functions and values of critical areas. To determine whether information received during the permit review process is reliable scientific information, the director shall determine whether the source of the information displays the characteristics of a valid scientific process. Such characteristics are as follows: 1. Peer Review. The information has been critically reviewed by other persons who are qualified scientific experts in that scientific discipline. The proponents of the information have addressed the criticism of the peer reviewers. Publication in a refereed scientific journal usually indicates that the information has been appropriately peer -reviewed; 2. Methods. The methods used to obtain the information are clearly stated and reproducible. The methods are standardized in the pertinent scientific discipline or, if not, the methods have been appropriately peer -reviewed to ensure their reliability and validity; The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 306 Edmonds Page 24/65 Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS 3. Logical Conclusions and Reasonable Inferences. The conclusions presented are based on reasonable assumptions supported by other studies and consistent with the general theory underlying the assumptions. The conclusions are logically and reasonably derived from the assumptions and supported by the data presented. Any gaps in information and inconsistencies with other pertinent scientific information are adequately explained; L 0 4. Quantitative Analysis. The data have been analyzed using appropriate statistical or quantitative methods; Cn 5. Context. The information is placed in proper context. The assumptions, analytical techniques, data, and c' conclusions are appropriately framed with respect to the prevailing body of pertinent scientific knowledge; and 04 6. References. The assumptions, analytical techniques, and conclusions are well referenced with citations to 0 relevant, credible literature and other pertinent existing information. U D. Nonscientific Information. Nonscientific information, such as anecdotal observations, nonexpert opinion, and hearsay, may supplement scientific information, but it is not an adequate substitute for valid and available scientific information. d E. Absence of Valid Scientific Information. Where there is an absence of valid scientific information or incomplete scientific information relating to a critical area leading to uncertainty about the risk to critical area function of permitting an alteration of or impact to the critical area, the director shall: 1. Take a "precautionary or a no -risk approach" that strictly limits development and land use activities until the uncertainty is sufficiently resolved; and 2. Require application of an effective adaptive management program that relies on scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical area. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. An adaptive management program shall: a. Address funding for the research component of the adaptive management program; b. Change course based on the results and interpretation of new information that resolves uncertainties; and c. Commit to the appropriate time frame and scale necessary to reliably evaluate regulatory and nonregulatory actions affecting protection of critical areas and anadromous fisheries. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 307 5.8.d Edmonds Chapter 23.50 WETLANDS Chapter 23.50 WETLANDS Sections: Part I. Designation, Rating and Mapping 23.50.000 Wetlands compliance requirements flowchart. 23.50.010 Designation, rating and mapping — Wetlands. Part II. Allowed Activities — Wetlands 23.50.020 Allowed activities — Wetlands. Part III. Additional Report Requirements — Wetlands 23.50.030 Special study and report requirements — Wetlands. Part IV. Development Standards — Wetlands 23.50.040 Development standards — Wetlands. 23.50.050 Mitigation requirements — Wetlands. 23.50.060 Performance standards — Subdivisions. Part V. City of Edmonds Wetland Field Data Form 23.50.070 Wetland field data form. Part I. Designation, Rating and Mapping 23.50.000 Wetlands compliance requirements flowchart. See Figure 23.50.000 at the end of this chapter. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Page 25/65 23.50.010 Designation, rating and mapping — Wetlands. A. Designating Wetlands. Wetlands are those areas, designated in accordance with the approved federal delineation manual and applicable regional supplements as set forth in WAC 173-22-035, that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. All areas within the city of Edmonds meeting the wetland designation criteria, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this title. r. 0 MM PUN In.__ . - -oill- - . 1—NI- - - ategery 1 Wetlands. Category 1 wetlands are those that represent a unique or rare wedand type; are more sensitive to disturbanee than most wetlands; are relatively undisturbed impossible to human lifetime; high level and contain ecological attfibutes th function. The following type are replace within a or provide a wetlands are Category 1: of i. Relatively undisturbed estuarine wetlands larger than one acre; ii. Wetlands of high conservation value that are identified by scientists of the Washington Natural iii. Bogs; Wetlands with mature and old growth forests larger than one acre; The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 308 Edmonds Chapter 23.50 WETLANDS Page 26/65 L d • > 10 vi. Wetlands that perform fitnetions at high levels as indicated by a seore of 23 points or more base 0 f, eti s � L O b. Categofy 11 Wetlands. Ga4e ofy 11 wetlands afe these thm are diffietilt, though not impossible, te r-eplaee-, s Cn and provide high levels of some funetions. The following t�Tes of wetlands are Categofy4k. Ln M • ,wetlands >ii. Wedands with a fnede+:ately high level of ftwetions as indieeAed by a seerme of 20 to 22 points based on 0 N C fimeti +r C. Date of Wetland Rating. Wetland rating categories shall be applied as the wetland exists on the date of adoption of the rating system by the local government, as the wetland naturally changes thereafter, or as the wetland changes in accordance with permitted activities. Wetland rating categories shall not change due to illegal modifications. D. Mapping. The approximate location and extent of wetlands are shown on the city of Edmonds critical areas inventory. In addition, the National Wetlands Inventory and Soil Maps produced by the U.S. Department of Agriculture, National Resources Conservation Service may be useful in helping to identify potential wetland areas. The inventory and cited resources are to be used as a guide for the city of Edmonds, project applicants, and/or property owners, and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation. E. Delineation. The exact location of a wetland's boundary shall be determined through the performance of a field investigation by a qualified professional wetland scientist applying the approved federal wetland delineation manual and applicable regional supplements. Wetland delineations are valid for five years; after such date the city shall determine whether a revision or additional assessment is necessary. F. Lake Ballinger. Lake Ballinger is designated on the U.S. National Wetlands Inventory as a lacustrine (lake) environment and should not be delineated as a wetland in its entirety. Lake fringe wetlands existing along the periphery of Lake Ballinger shall be identified according to specific criteria provided in this section. Consistent with guidance for delineating lake fringe wetlands provided in these resources, the existence of jurisdictional wetlands along Lake Ballinger shorelines shall be largely based upon the presence of persistent emergent vegetation in shoreline areas less than 6.6 feet in depth. Provisions for protection of Lake Ballinger shorelines not meeting criteria for jurisdictional wetlands are provided in the city of Edmonds shoreline master program. G. Edmonds Marsh. The city has a 23-acre Edmonds marsh wetland which in addition to a wildlife habitat and natural resource sanctuary is also classified by the state as a priority habitat. H. Other Significant Wetland. 1. Good Hope Pond. 2. Mouth of Shell Creek. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 309 5.8.d Edmonds Page 27/65 Chapter 23.50 WETLANDS L d Part 11. Allowed Activities — Wetlands c� 23.50.020 Allowed activities — Wetlands. c The activities listed below are allowed in wetlands in addition to those activities listed in, and consistent with, the provisions established in ECDC 23.40.220, and do not require submission of a critical areas report, except where such `0 activities result in a loss to the functions and values of a wetland or wetland buffer. These activities include: s Cn A. Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife that does not entail c' changing the structure or functions of the existing wetland. v B. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the 0 harvesting does not require tilling of soil, planting of crops, chemical applications, or alteration of the wetland by U changing existing topography, water conditions, or water sources. w �L C. Drilling for utilities under a wetland; provided, that the drilling does not interrupt the ground water connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the ground water connection to the wetland or percolation of surface water down through the soil column could be disturbed. `0 z co D. Enhancement of a wetland through the removal of nonnative invasive species. Weeding shall be restricted to hand 0 removal and weed material shall be removed from the site. Bare areas that remain after weed removal shall be revegetated with native shrubs and trees at natural densities. Some hand seeding may also be done over the bare areas with native herbs. Noxious weeds listed on the Washington State Noxious Weed Control Board list must be handled and disposed of according to a noxious weed control plan appropriate to that species. 0- a a E. Permitted alteration to a legally constructed structure existing within a wetland or wetland buffer that does not increase the footprint of development or impervious surfacing or increase the impact to a wetland or wetland buffer. 0 [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. o Part III. Additional Report Requirements — Wetlands 23.50.030 Special study and report requirements — Wetlands. A. Additional Requirements for Wetlands. In addition to the general critical areas report requirements of ECDC 23.40.090, critical areas reports for wetlands must meet the requirements of this section. Critical areas reports for two or more types of critical areas must meet the report requirements for each relevant type of critical area. B. Critical areas report requirements for wetlands may be met in "stages" or through multiple reports. The typical sequence of potentially required reports that may in part or in combination fulfill the requirements of this section include: 1. Wetland reconnaissance report documenting the existence and general location of wetlands in the vicinity of a project area; 2. Wetland delineation report documenting the extent and boundary of a jurisdictional wetland per RCW 36.70A.175; and 3. Wetland mitigation report documenting potential wetland impacts and mitigation measures designed to retain or increase the functions and values of a wetland in accordance with ECDC 23.50.050 and the general provisions of this title. C. A wetland critical areas report may include one or more of the above three report types, depending on the information required by the director and the extent of potential wetland impacts. The Edmonds development services director maintains the authority and discretion to determine which report(s) alone or combined are sufficient to meet the requirements outlined below and to waive report requirements based upon site conditions and the potential for project impacts. D. Preparation by a Qualified Professional. A critical area report for wetlands shall be prepared by a qualified professional who is a certified professional wetland scientist or a noncertified professional wetland scientist with a The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 310 Edmonds Page 28/65 Chapter 23.50 WETLANDS L d minimum of five years of experience in the field of wetland science and with experience preparing wetland reports. Pursuant to ECDC 23.40.090(A), applicants may choose one of the qualified technical consultants on the city's approved list in preparing critical areas reports for wetlands, or may utilize an alternative consultant. Critical areas studies and reports developed by an alternative consultant shall be subject to independent review pursuant to ECDC d 23.40.090(B). 0 Cn E. Area Addressed in Critical Area Report. The following areas shall be addressed in a critical area report for wetlands: cL i N 1. The project area of the proposed activity; v c 0 2. All wetlands and recommended buffers within 200 feet of the project area; and 3. All shoreline areas, water features, floodplains, and other critical areas, and related buffers within 200 feet of the project area. The location and extent of wetlands and other critical areas existing outside of the project area or subject parcel boundary may be shown in approximation as practical and necessary to provide an assessment of potential project effects. L 0 F. Wetland Analysis. In addition to the minimum required contents of ECDC 23.40.090, Critical areas report — z co Requirements, a critical areas report for wetlands shall contain an analysis of the wetlands, including the following 0 site- and proposal -related information at a minimum: 1. A written assessment and accompanying maps of the wetlands and buffers within 200 feet of the project area, including the following information at a minimum: a a a. Wetland delineation and required buffers; c 0 b. Existing wetland acreage; c. Wetland category; d. Vegetative, faunal, and hydrologic characteristics; cc L a e. Soil and substrate conditions; @ f. Topographic elevations, at two -foot contours; and g. A discussion of the water sources supplying the wetland and documentation of hydrologic regime (locations of inlet and outlet features, water depths throughout the wetland, and evidence of recharge or discharge, evidence of water depths throughout the year: drift lines, algal layers, moss lines, and sediment deposits). The location, extent and analyses of wetlands not contiguous with the subject parcel existing outside of the immediate project area may be described in approximation as practical and necessary to provide an assessment of potential project effects and hydrologic/ecological connectivity to on -site wetlands and other critical areas. 2. A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve existing wetlands and restore any wetlands that were degraded prior to the current proposed land use activity. 3. A habitat and native vegetation conservation strategy that addresses methods to protect and enhance on -site habitat and wetland functions. 4. Functional evaluation for the wetland and adjacent buffer using a local or state agency staff -recognized method and including the reference of the method and all data sheets. 5. Proposed mitigation, if needed, including a written assessment and accompanying maps of the mitigation area, including the following information at a minimum: The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 311 Edmonds Chapter 23.50 WETLANDS Page 29/65 L d a. Existing and proposed wetland acreage; b. Vegetative and faunal conditions; c. Surface and subsurface hydrologic conditions including an analysis of existing and future hydrologic 0 regime and proposed hydrologic regime for enhanced, created, or restored mitigation areas; s Cn d. Relationship to the watershed and existing waterbodies; M e. Soil and substrate conditions, topographic elevations; T_ N c 0 f. Existing and proposed adjacent site conditions; g. Required wetland buffers; and L h. Property ownership. 6. A scale map of the development proposal site and adjacent area. A discussion of ongoing management practices that will protect wetlands after the project site has been developed, including proposed monitoring and maintenance programs. 7. A bond estimate for the installation (including site preparation, plant materials and installation, fertilizers, mulch, and stakes) and the proposed monitoring and maintenance work for the required number of years. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Part IV. Development Standards — Wetlands 23.50.040 Development standards — Wetlands. A. Activities may only be permitted in a wetland buffer if the applicant can show that the proposed activity will not degrade the functions and functional performance of the wetland and other critical areas. B. Activities and uses shall be prohibited in wetlands and wetland buffers, except as provided for in this title. C. Category I Wetlands. Activities and uses shall be prohibited from Category I wetlands, except as provided for in the public agency and utility exception, reasonable use exception, and variance sections of this title. D. Category II Wetlands. With respect to activities proposed in Category II wetlands, the following standards shall apply: 1. Water -dependent activities may be allowed where there are no practicable alternatives that would have a less adverse impact on the wetland, its buffers and other critical areas. 2. Where non -water -dependent activities are proposed, it shall be presumed that alternative locations are available, and activities and uses shall be prohibited, unless the applicant demonstrates that: a. The basic project purpose cannot be accomplished as proposed and successfully avoid, or result in less adverse impact on, a wetland on another site or sites in the general region; and b. All alternative designs of the project as proposed, such as a reduction in the size, scope, configuration, or density of the project, would not avoid or result in less of an adverse impact on a wetland or its buffer. E. Category III and IV Wetlands. Activities and uses that result in unavoidable and necessary impacts may be permitted in Category III and IV wetlands and associated buffers in accordance with an approved critical areas report and mitigation plan. F. Wetland Buffers. The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 312 5.8.d Edmonds Chapter 23.50 WETLANDS Page 30/65 e. The standard bii�r widths presume the existence of a relatively intact native vegetation community i buff-er zone adequate to protect the wetland fimetions and values at the time of the proposed activity. 1 buff-er is composed of nennative vegetation, 1 , or bare ground, then, at the discretion of the director-, buffer- enhaneement plan te maintain the sta-adai7d width or- widen the standard wi dth to enswe that adequa4e functions of the buff-er are provided. Minimum Buffer Width habitat points) Buffer Width Ruffer- MUth habitat points) Buffer Width habitat points) Categetyt 7" i n a165 i-25€t valueBegs and wetlands of high Ca4egery4: Forested 7" i 05 165 225 €! fir: Pstllarino , caw 158 rt 158 €t 150 Categery M 7" 105 165 225 €! Category M f 6 -€E 105 rt Category IV 'r14 49-€E 49 ft 49-€t 4" 2. Required Measures to Minimize impacts to Wetlands. The standard wetland buffer widths in subsection (F)(1)(d) of this section assumes implemen4ation of the following measures, where appheable to a speeifie U Q The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 313 5.8.d Edmonds Chapter 23.50 WETLANDS Dust E6nnostit4ns DestRre .. Frid..«.. R e ..FF site l ..hats by replanting Page 31/65 3. Increased Wetland Buffer Widths. The director shall require increased buffer widths in accordance with the recommendations of an experienced, qualified professional wetland scientist and the best available science on a case -by -case basis when a larger buffer is necessary to protect wetland functions and values based on site -specific characteristics. This determination shall be based on one or more of the following criteria: a. A larger buffer is needed to protect other critical areas; b. The buffer or adjacent uplands has a slope greater than 15 percent or is susceptible to erosion and standard erosion control measures will not prevent adverse impacts to the wetland; or c. The buffer area has minimal vegetative cover. In lieu of increasing the buffer width where existing buffer vegetation is inadequate to protect the wetland functions and values, development and implementation of a wetland buffer enhancement plan in accordance with this subsection (F)(3) may substitute. d. The wetland and/or buffer is occupied by a federally listed threatened or endangered species, a bald eagle nest, a great blue heron rookery, or a species of local importance; and it is determined by the director that an increased buffer width is necessary to protect the species. 4. Measurement of Wetland Buffers. All buffers shall be measured from the wetland boundary as surveyed in the field. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland. 5. Buffer Consistency. All mitigation sites shall have buffers consistent with the buffer requirements of this chapter. 6. Buffer Maintenance. Except as otherwise specified or allowed in accordance with this title, wetland buffers shall be retained in an undisturbed or enhanced condition. Removal of invasive nonnative weeds is required for the duration of the mitigation bond. G. Wetland Buffer Modifications and Uses. 1. Where wetland or buffer alterations are permitted by the city of Edmonds, the applicant shall mitigate impacts to achieve no net loss of wetland acreage and functions consistent with ECDC 23.50.050 and other applicable provisions of this title. 2. At the discretion of the director, standard wetland buffers may be averaged or reduced when consistent with all criteria in this subsection (G). Wetland buffer averaging with enhancement shall be preferred over wetland buffer reduction with enhancement. Wetland buffer reduction shall only be approved by the director when buffer averaging cannot be accomplished on site. 3. Wetland Buffer Width Averaging with Buffer Enhancement. The director may allow modification of a standard wetland buffer width in accordance with an approved critical areas report and the best available science on a case -by -case basis by averaging buffer widths. Any allowance for averaging buffer widths shall only be granted concomitant to the development and implementation of a wetland buffer enhancement plan for areas of buffer degradation. Only those portions of a wetland buffer existing within the project area or subject parcel shall be considered the total standard buffer for buffer averaging. Averaging of buffer widths may only be allowed where a qualified professional wetland scientist demonstrates that: The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 314 Edmonds Chapter 23.50 WETLANDS Page 32/65 L d a. The buffer averaging and enhancement plan provides evidence that wetland functions and values will be: i. Increased or retained through plan implementation for those wetlands where existing buffer vegetation is generally intact; or L O ii. Increased through plan implementation for those wetlands where existing buffer vegetation is M Cn inadequate to protect the functions and values of the wetland; Ln M b. The wetland contains variations in sensitivity due to existing physical characteristics or the character of N the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in places r- and would not be adversely impacted by a narrower buffer in other places; o :r c. The total area contained in the buffer area, or the total buffer area existing on a subject parcel for wetlands w extending off site, after averaging is no less than that which would be contained within a standard buffer; and d. The buffer width at any single location is not reduced by more than 25 percent to less than 50 percent of the standard buffer width. 4. Buffer Width Reductions through Buffer Enhancement. At the discretion of the director, and only when buffer averaging cannot be accomplished on site, wetland buffer width reductions (or approval of standard buffer widths for wetlands where existing buffer conditions require increased buffer widths) may be granted concomitant to the development and implementation of a wetland buffer enhancement plan for Category III and IV wetlands only. Approval of a wetland buffer enhancement plan shall, at the discretion of the director, allow for wetland buffer width reductions by no more than 25 percent of the standard width; provided, that: a. The plan provides evidence that wetland functions and values will be: i. Increased or retained through plan implementation for those wetlands where existing buffer vegetation is generally intact; or ii. Increased through plan implementation for those wetlands where existing buffer vegetation is inadequate to protect the functions and values of the wetland; b. The plan documents existing native plant densities and provides for increases in buffer native plant densities to no less than three feet on center for shrubs and eight feet on center for trees; c. The plan requires monitoring and maintenance to ensure success in accordance with ECDC 23.40.130(D); and d. The plan specifically documents methodology and provides performance standards including but not limited to: i. Percent vegetative cover; ii. Percent invasive species cover; iii. Species richness; and iv. Amount of large woody debris. 5. Buffer Uses. The following uses may be permitted within a wetland buffer in accordance with the review procedures of this title; provided, they are not prohibited by any other applicable law and they are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland: a. All activities allowed by ECDC 23.50.020, Allowed activities — Wetlands. The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 315 Edmonds Chapter 23.50 WETLANDS Page 33/65 b. Conservation and Restoration Activities. Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife. c. Passive Recreation. Passive recreation facilities designed and in accordance with an approved critical area report, including: i. Walkways and trails; provided, that those pathways are generally constructed with a surface that does not interfere with substrate permeability, are generally located only in the outer 25 percent of wetland buffers, and are located to avoid removal of significant trees. Where existing legally established development has reduced the width of the wetland buffer, trails may be placed in the outer 25 percent of the remaining wetland buffer. The trail shall be no more than five feet in width and for pedestrian use only. Raised boardwalks utilizing nontreated pilings may be acceptable. The director may allow trails within the inner 25 percent of wetland buffers when required to provide access to wildlife viewing structures, fishing access areas, or connections to other trail facilities; ii. Wildlife viewing structures; and iii. Fishing access areas down to the water's edge that shall be no larger than six feet. d. Storm Water Management Facilities. Storm water management facilities, limited to outfalls, pipes and conveyance systems, storm water dispersion outfalls and bioswales, may be allowed within the outer 25 percent of a standard or modified buffer for Category III or IV wetlands only; provided, that: i. No other location is feasible; and ii. The location and function of such facilities will not degrade the functions or values of the wetland. iii. Storm water management facilities are not allowed in buffers of Category I or II wetlands. iv. Projects shall also comply with all applicable requirements in Chapter 18.30 ECDC, Storm Water Management, including Minimum Requirement No. 8, Wetland Protection. H. Signs and Fencing of Wetlands. 1. Temporary Markers. The outer perimeter of the wetland or buffer and the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be marked in the field in such a way as to ensure that no unauthorized intrusion will occur and is subject to inspection by the director prior to the commencement of permitted activities. The director may require the use of fencing to protect wetlands from disturbance and intrusion. Temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place. 2. Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the director may require the applicant to install permanent signs along the boundary of a wetland or buffer. a. Permanent signs shall be made of an enamel -coated metal face and attached to a metal post or another nontreated material of equal durability. Signs must be posted at an interval of one per lot or every 50 feet, whichever is less, and must be maintained by the property owner in perpetuity. The sign shall be worded as follows or with alternative language approved by the director: Protected Wetland Area Do Not Disturb Contact the City of Edmonds Regarding Uses and Restrictions The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 316 Edmonds Page 34/65 Chapter 23.50 WETLANDS L d b. The provisions of subsection (11)(2)(a) of this section may be modified as necessary to assure protection U) of sensitive features or wildlife. m c 3. Permanent Fencing. Permanent fencing shall be required at the outer edge of the critical area buffer under the following circumstances; provided, that the director may waive this requirement: `0 s Cn a. As part of any development proposal for single-family plats, single-family short plats, multifamily, mixed use, and commercial development where the director determines that such fencing is necessary to protect the c' functions of the critical area; provided, that breaks in permanent fencing may be allowed for access to v permitted buffer uses (subsection (G)(5) of this section); r_ 0 b. As part of development proposals for parks where the adjacent proposed use is active recreation and the director determines that such fencing is necessary to protect the functions of the critical area; c. When buffer averaging is employed as part of a development proposal; d. When buffer reductions are employed as part of a development proposal; or e. At the director's discretion to protect the values and functions of a critical area. I. Additions to Structures Existing within Wetlands and/or Wetland Buffers. 1. Additions to legally constructed structures existing within wetlands or wetland buffers that increase the footprint of development or impervious surfacing shall be permitted consistent with the development standards of this section; provided, that a wetland and/or buffer enhancement plan is provided to mitigate for impacts consistent with this title; and provided, that all impacts from temporary disturbances within the critical area buffer shall be addressed through use of best management plans and buffer enhancement plantings during and following construction of the allowed alteration. Provisions for standard wetland buffers, wetland buffer averaging with enhancement, and buffer reductions with enhancement require applicants to locate such additions in accordance with the following sequencing: a. Outside of the standard wetland buffer; b. Outside of a wetland buffer averaged (with enhancement) per subsection (G)(3) of this section; c. Outside of a wetland buffer reduced (with enhancement) per subsection (G)(4) of this section; d. Outside of the inner 25 percent of the standard wetland buffer width with no more than 300 square feet of structure addition footprint within the inner 50 percent of the standard wetland buffer width; provided, that enhancement is provided at a minimum three -to -one (3:1) ratio (enhancement -to -impact); e. Outside of the inner 25 percent of the standard wetland buffer width with no more than 500 square feet of new footprint within the inner 50 percent of the standard wetland buffer width; provided, that enhancement is provided at a minimum five -to -one (5:1) ratio (enhancement -to -impact), and that storm water low impact development (LID) techniques and other measures are included as part of the wetland/buffer enhancement plan. 2. Where meeting wetland buffer enhancement requirements required by subsection (I)(1) of this section would result in enhancement that is separated from the critical area due to uncommon property ownership, alternative enhancement approaches may be approved by the director. Alternative approaches could include a vegetated rain garden that receives storm runoff, replacement of existing impervious surfaces with pervious materials, or other approaches that provide ecological benefits to the adjacent critical area. 3. Additions to legally constructed structures existing within wetlands or wetland buffers that cannot be accommodated in accordance with the sequencing in subsection (I)(1) of this section (i.e., additions proposed within a wetland or the inner 25 percent of a standard buffer width) may be permitted at the director's discretion as a variance subject to review by the city hearing examiner and the provisions of ECDC 23.40.210. The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 317 5.8.d Edmonds Page 35/65 Chapter 23.50 WETLANDS L d J. Development Proposals within the Footprint of Existing Development. New development shall be allowed within U) the footprint of existing development occurring within a wetland buffer; provided, that the following conditions are met: m 1. The footprint of existing development was legally established, and is consistent with the definition provided in `O ECDC 23.40.005; Cn 2. The proposed development within the footprint of existing development is sited as far away from the wetland c' edge as is feasible; N 3. As part of the development proposal, opportunities to reduce the footprint of existing development are o implemented where such reduction would increase the buffer width adjacent to the wetland and not represent an U undue burden given the scale of the proposed development; rn L 4. The proposed development includes enhancement to the adjacent wetland and associated buffer in order to improve functions degraded by previous development; c 5. Enhancement is provided as wetland or buffer enhancement for an equivalent area of the footprint of the newly `o proposed development within the footprint of existing development occurring in a wetland buffer, or through an co alternative approach approved by the director that restores degraded functions of the wetland and remaining O buffer; and d 6. Impacts from temporary disturbances within the wetland buffer shall be addressed through use of best U management plans and buffer enhancement plantings during and following construction of the allowed alteration.nail, a a HydFolegieally isela4ed Wetlands. The difvetaf may allow small, hydfelagieally isalmed Ga4egeFY M of Al to C • O O 7 1' wetland The is loss than 1,000 � 000 e feet'. O � a ; M 4. The wetland has a seere ef three te fatif i3eints for habitat in the adeeted Western Washins4ton ratin,2 system� W X and 'a Muself M. Mr. ff \ • I • 23.50.050 Mitigation requirements — Wetlands. Compensatory mitigation for alterations to wetlands shall achieve equivalent or greater biologic functions. Wetland mitigation plans shall be consistent with guidelines in Wetland Mitigation in Washington State — Part 2: Developing Mitigation Plans (Ecology, 2006) and Selecting Wetland Mitigation Sites Using a Watershed Approach (Ecology, 2009), as revised. A. Mitigation for Lost or Affected Functions. Compensatory mitigation actions shall address functions affected by the alteration to achieve functional equivalency or improvement and shall provide similar wetland functions as those lost, except when: 1. The lost wetland provides minimal functions as determined by a site -specific function assessment, and the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal Washington State watershed assessment plan or protocol; or The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 318 Edmonds Page 36/65 Chapter 23.50 WETLANDS L d 2. Out -of -kind replacement will best meet formally identified watershed goals, such as replacement ofcc historically diminished wetland types. m c B. Preference of Mitigation Actions. Mitigation actions that require compensation by replacing, enhancing, or substitution shall occur in the following order of preference: `0 s Cn 1. Implementing compensatory restoration through purchase of credits at an approved mitigation bank or through payment into an approved in -lieu fee program. M 2. Restoring (reestablishing) wetlands on upland sites that were formerly wetlands. N v c 0 3. Creating wetlands on disturbed upland sites such as those with vegetative cover consisting primarily of nonnative, introduced species. This should only be attempted when there is a consistent source of hydrology and w it can be shown that the surface and subsurface hydrologic regime is conducive for the wetland community that is being designed. 4. Enhancing significantly degraded wetlands in combination with restoration or creation. Such enhancement d c should be part of a mitigation package that includes replacing the impacted area meeting appropriate ratio `o requirements. z co C. Type and Location of Mitigation. Unless it is demonstrated that a higher level of ecological functioning would 0 result from an alternate approach, compensatory mitigation for ecological functions shall be in kind and conducted on M the site or in the vicinity of the alteration except when all of the following apply: 1. On -site opportunities do not have a high likelihood of success, after a determination of the natural capacity of Q Q' a the site to mitigate for the impacts. Consideration should include: anticipated wetland mitigation replacement w ratios, buffer conditions and proposed widths, hydrogeomorphic classes of on -site wetlands when restored, c proposed flood storage capacity, and potential to mitigate riparian fish and wildlife impacts (such as connectivity); 3 a� 2. Off -site mitigation has a greater likelihood of providing equal or improved wetland functions than the m cc impacted wetland; Q 3.Off-site mitigation incorporates guidance from Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington (Ecology Publication No. 10-06-011, Hruby 2012); and 'L V 4. Off -site locations for compensatory mitigation are consistent with city of Edmonds goals for watershed -wide pp ecological restoration. Off -site locations are selected with a preference for sites within the same basin as the impact, followed by other sites within the city. Specific areas targeted for restoration efforts include: aD a a. Lake -fringe wetlands and habitat areas associated with Lake Ballinger; Q- Q b. Edmonds marsh; c. Yost Park wetlands; d. Good Hope wetlands; e. Wetlands and habitat areas peripheral to anadromous fish -bearing streams; and f. Sites available through an approved mitigation bank or in -lieu fee program. This list is not comprehensive and may change as the city of Edmonds identifies areas suitable for restoration and capital improvement projects consistent with goals for jurisdiction -wide habitat retention and enhancement provided in the city's comprehensive plan. D. Mitigation Timing. Mitigation projects shall be completed with an approved monitoring plan prior to activities that will disturb wetlands. In all other cases, mitigation shall be completed immediately following disturbance and prior to The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 319 5.8.d Edmonds Chapter 23.50 WETLANDS Page 37/65 use or occupancy of the activity or development. Construction of mitigation projccts shall be timed to reduce impacts to existing fisheries, wildlife, and flora. E. Mitigation Ratios. 1. Acreage Replacement Ratios. The ratios in the table below shall apply to creation or reestablishment, rehabilitation, or enhancement that is in kind, is on site, is timed prior to or concurrent with alteration, and has a high probability of success. These ratios do not apply to remedial actions resulting from unauthorized alterations; greater ratios shall apply in those cases. The first number specifies the acreage of replacement wetlands and the second specifies the acreage of wetlands altered. Ratios for rehabilitation and enhancement may be reduced when combined with 1:1 replacement through creation or reestablishment pursuant to Table la, Wetland Mitigation in Washington State — Part 1: Agency Policies and Guidance — Version 1 (Ecology Publication No. 06-06-1 la, or as revised). Creation, reestablishment, rehabilitation, and enhancement definitions are provided in ECDC 23.40.005 (see definition for "compensatory mitigation"), and shall be additionally consistent with intent pursuant to Ecology Publication No. 06-06-1 la. Category and Type of Wetland Creation or Reestablishment Rehabilitation only Enhancement only Category IV 1.5:1 3:1 6:1 Category III 2:1 4:1 8:1 Category II 3:1 6:1 12:1 Category I: Based on functions 4:1 8:1 16:1 Category I: Mature and old -growth forest 6:1 12:1 24:1 Category I: High conservation value/bog Not considered possible Not considered possible Not considered possible Mitigation requirements may also be determined using the credit/debit tool described in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report (Ecology Publication No. 10-06-011, Olympia, WA, March 2012, or as revised) if approved by the director. 2.Off-Site Mitigation. The ratios provided in subsection (E)(1) of this section do not apply to off -site mitigation, including use of credits from a state -certified wetland mitigation bank or payment to a certified in -lieu fee program. When off -site mitigation is proposed, or when a mitigation bank or in -lieu fee program is used, replacement ratios may incorporate guidance from Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington (Ecology Publication No. 10-06-011, Hruby 2012), and for mitigation banks or in -lieu fee programs should be consistent with the certification requirements. Use of mitigation banks shall meet all requirements of subsection (G) of this section. 3. Increased Replacement Ratio. The director may require increased compensatory mitigation ratios under the following circumstances: a. Uncertainty exists as to the probable success of the proposed restoration or creation; b. A significant period of time will elapse between impact and replication of wetland functions; c. Proposed mitigation will result in a lower -category wetland or reduced functions relative to the wetland being impacted; or d. The impact was an unauthorized impact. F. Wetlands Enhancement as Mitigation. 1. Impacts to wetland functions may be mitigated by enhancement of existing significantly degraded wetlands, but may, at the discretion of the director, be used in conjunction with restoration and/or creation. Applicants The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 320 Edmonds Page 38/65 Chapter 23.50 WETLANDS L d proposing to enhance wetlands must produce a critical areas report that identifies how enhancement will increase U) the functions of the degraded wetland and how this increase will adequately mitigate for the loss of wetland area and function at the impact site. An enhancement proposal must also show whether existing wetland functions will be reduced by the enhancement actions. L 0 2. At a minimum, enhancement acreage shall be double the acreage required for creation or restoration under Cn subsection (E) of this section. The ratios shall be greater than double the required acreage where the enhancement proposal would result in minimal gain in the performance of wetland functions and/or result in the reduction of c� i other wetland functions currently being provided in the wetland. N c 3. Mitigation ratios for enhancement in combination with other forms of mitigation shall range from six -to -one to 0 three -to -one and be limited to Class III and IV wetlands. U G. Wetland Mitigation Banks and In -Lieu Fee Programs. 1. Wetland Mitigation Banks. Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when: a. The bank is certified under state rules; b. The director determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts; c. The proposed use of credits is consistent with the terms and conditions of the bank's certification instrument; d. Replacement ratios for projects using bank credits are consistent with replacement ratios specified in the bank's certification; and e. Credits from a certified wetland mitigation bank are used to compensate for impacts located within the service area specified in the certified bank instrument. In some cases, the service area of the bank may include portions of more than one adjacent drainage basin for specific wetland functions. 2. In -Lieu Fee Programs. As an alternative to on -site or other off -site mitigation approaches, the director may approve purchase of credit for compensatory mitigation from an in -lieu fee program. Any such program used to compensate for direct wetland impacts shall be developed and approved through a public process and be consistent with federal rules, state policy on in -lieu fee mitigation and state water quality regulations. Determining credit purchase necessary to compensate for wetland impacts shall incorporate guidance from Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington (Ecology Publication No. 10-06-011, Hruby 2012). Development proposals impacting critical areas and/or associated buffers may contribute payment towards an identified city of Edmonds mitigation project with approval from the director; provided, that the mitigation approach meets all state and federal permit requirements, where required. Applicant provision of funds for compensatory mitigation shall only be approved if: a. The director determines that it would provide environmentally appropriate compensation for the proposed wetland impacts; b. The mitigation will occur on a site identified using the site selection and prioritization process in the approved in -lieu fee program instrument or at a city -identified restoration site consistent with ECDC 23.40.140; c. A restoration area and plan have been identified and shall be implemented within three years of project development; d. Restoration efforts are focused in areas identified as suitable for restoration by the director; and The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 321 Edmonds Page 39/65 Chapter 23.50 WETLANDS L d e. Credits from an approved in -lieu fee program may be used to compensate for impacts located within the service area specified in the approved in -lieu fee instrument. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.50.060 Performance standards — Subdivisions. `p The subdivision and short subdivision of land in wetlands and associated buffers is subject to the following: Cn A. Land that is located wholly within a wetland or its buffer may not be subdivided. cL i N B. Land that is located partially within a wetland or its buffer may be subdivided; provided, that an accessible and buildable contiguous portion of each new lot is located outside of the wetland and its buffer. o :r U C. Access roads and utilities serving the proposed subdivision may be permitted within the wetland and associated w buffers only at the discretion of the director. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Part V. City of Edmonds Wetland Field Data Form d 23.50.070 Wetland field data form. The wetland field data used for completion of wetland ratings shall be consistent with the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication No. 14-06-029, Hruby 2014). [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 322 Edmonds Chapter 23.50 WETLANDS Figure 23.50.000 CITY OF EDMONDS CRITICAL AREAS Critical Areas Compliance Requirements" Wetlands 5.8.d Page 40/65 aufler Wetland niav Welland Reconnaia• Reconnaissance Wetland 0e3ineatian mpacfscannot wrngint.rn n�rrrr lbetlavul Buffer belccated lance REQUIREtlto determ Ines that REQUIRED to identify be 4nh,,M.—ni avoided Averaging and on or near determine if potential j u ri sdiction a! wetland boundaric � through Eaehaneement Plan subject Welland meetsjurisdic wetlarfd exis[ and classify wetland standard butter QIfIREO tv prove parcel. Veinal criteria and is with in 225ft of per updated widths. [ion nrincrease Iota W wi th in 225=1 of subjectparcel. categories. band funclions Subject parcel. 0nd values. srecr peen ree��sen mmu�rn ryhen-�mmr We tland etland Buffer R2connai5sance identifies Wetland Impacts are w0L1fdS0nj' r'ra'"c Enhancement Plan wetland is not j urisdic Con al ly aunided through[ ca nnirq rppwaU EQ=!,o prove (and ju rlsdfctfon a cleterml- standard buffer lion or ncrease nation is confirmed by the wid the for wetla nd Hand [unctions J,.5 Army Corps of category. and va lues. Engineers); or reconr is• lance identifies that wetland Is located, 225ft . n • from su bfec t parcel. No additional >Mnta 0 in. t"u maaaogn h RE IREOper Qd compliance led cede req w re• requirements. @nts to prove n bon or inc re ase No additional of wetland func.Uor6 compliance s.ic values. requirements Pnbtte Nea ring with C" Nearing Examiner �rn-is n n,t i. REQiJORE0onlyforvanances nn®rue onprojectsforwhlrhimpacts vt be mitigated to retain fl and functions and values. ' Fepnrt rerlu tremenlsmay he met tnmuga suomhsfnn nr a single cdtuatarea report or m�aripty rerrrrts fn rnmninatinn. No additional compliance Mulred. No addit'.onal compliance required. No additional compliance required" The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 323 Edmonds Page 41/65 Chapter 23.60 CRITICAL AQUIFER RECHARGE AREAS Chapter 23.60 U) 2 CRITICAL AQUIFER RECHARGE AREAS c m L O s Sections: Cn Part I. Designation, Rating and Mapping ,n 23.60.010 Critical aquifer recharge areas designation. Part I. Designation, Rating and Mapping 23.60.010 Critical aquifer recharge areas designation. Critical aquifer recharge areas (CARAs) are those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(2). CARAs have prevailing geologic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. CARAs are protected as critical areas under the Washington State Growth Management Act. However, no areas meeting criteria for CARAs exist in the vicinity of the city of Edmonds. Thus, additional specific provisions for protection of this critical area type are not provided within this title. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 324 Edmonds Page 42/65 Chapter 23.70 FREQUENTLY FLOODED AREAS Chapter 23.70 U) 2 FREQUENTLY FLOODED AREAS c Sections: Cn Part I. Designation, Rating and Mapping ,n 23.70.010 Designation, rating and mapping — Frequently flooded areas. Part II. Additional Report Requirements — Frequently Flooded Areas 23.70.020 Special study and report requirements — Frequently flooded areas. 23.70.030 Warning and disclaimer of liability. Part III. Development Standards — Frequently Flooded Areas w L 23.70.040 Development standards — Frequently flooded areas. Part I. Designation, Rating and Mapping c 23.70.010 Designation, rating and mapping — Frequently flooded areas. A. Frequently Flooded Areas. Frequently flooded areas shall include: z 1. Those areas identified on FEMA flood insurance maps as areas of special flood hazard, which include those lands in the floodplain subject to a one percent or greater chance of flooding in any given year. For the purposes of this title, areas of special flood hazard for the city of Edmonds are hereby declared generally to be those areas shown as Zone A (including Zones A, AE, Al—A30, AH, AO, AR and A99) and Zone V (including Zones V and VE) on the following FEMA maps or panels: 53061C00; 5306IC1292 E, Panel 1292; 5306IC1285 E, Panel 1285; 53061C1315 E, Panel 1315; and 53061C1305 E, Panel 1305. The city will use the most currently adopted FEMA maps in determining whether a property is located within a frequently flooded area. Base flood elevations and flood hazard factors for those areas shown as Zone A on the map have not been determined and the local flood management administrator shall utilize such other data as may be reasonably available from federal, state or other sources in administering this chapter as provided in the current editions of the International Residential Code and International Building Code, as adopted in ECDC Title 19. 2. Those areas identified as frequently flooded areas on the city of Edmonds critical areas inventory. Identified frequently flooded areas are consistent with and based upon designation of areas of special flood hazard on FEMA flood insurance maps as indicated above. B. City Discretion and Designation. Flood insurance maps and the city's critical areas inventory are to be used as a guide for the city of Edmonds development services department, project applicants and/or property owners, and the public and should be considered a minimum designation of frequently flooded areas. As flood insurance maps may be continuously updated as areas are reexamined or new areas are identified, newer and more restrictive information for flood hazard area identification shall be the basis for regulation. The city of Edmonds shall retain the right to designate and identify areas known to be prone to flooding outside of the 100-year floodplain and subject them to the provisions and protections of this title and the current editions of the International Residential Code and International Building Code, as adopted in ECDC Title 19. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Part II. Additional Report Requirements — Frequently Flooded Areas 23.70.020 Special study and report requirements — Frequently flooded areas. In addition to the general critical areas report requirements of ECDC 23.40.090, critical areas reports for frequently flooded areas must meet the requirements of this section and the current editions of the International Residential Code and International Building Code, as adopted in ECDC Title 19. Critical areas reports for two or more types of critical areas must meet the report requirements for each relevant type of critical area. A. Preparation by a Qualified Professional. A frequently flooded areas report shall be prepared by a qualified professional who is a hydrologist or engineer, licensed in the state of Washington, with experience in preparing flood hazard assessments. Pursuant to ECDC 23.40.090(A), applicants may choose one of the qualified technical consultants on the city's approved list in preparing critical areas reports for frequently flooded areas, or may utilize an The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 325 Edmonds Page 43/65 Chapter 23.70 FREQUENTLY FLOODED AREAS L d alternative consultant. Critical areas studies and reports developed by an alternative consultant shall be subject to U) independent review pursuant to ECDC 23.40.090(B). m c B. Areas to Be Addressed. The following areas shall be addressed in a critical areas report for frequently flooded areas: W L 1. The site area of the proposed activity; O s Cn 2. All areas of a special flood hazard area, as indicated on the flood insurance map(s), within 200 feet of the M project area; and N 3. All other flood areas indicated on the flood insurance map(s) within 200 feet of the project area. c C. Flood Hazard Assessment. A critical area report for a proposed activity within a frequently flooded area shall :r contain a flood hazard assessment including the following site- and proposal -related information at a minimum: L 1. Site and Construction Plans. A copy of the site and construction plans for the development proposal showing: c a. Floodplain (100-year flood elevation), 10- and 50-year flood elevations, floodway, other critical areas, c buffers, and shoreline areas; z b. Proposed development, including the location of existing and proposed structures, fill, storage of materials, and drainage facilities, with dimensions indicating distances to the floodplain; c. Clearing limits; and d. Elevation of the lowest floor (including basement) of all structures, and the level to which any nonresidential structure has been floodproofed. 2. Watercourse Alteration. Alteration of natural watercourses shall be avoided, if feasible. If unavoidable, a critical areas report shall include: a. Extent of Watercourse Alteration. A description of and plan showing the extent to which a watercourse will be altered or relocated as a result of a proposal; b. Maintenance Program Required for Watercourse Alterations. A maintenance program that provides maintenance practices for the altered or relocated portion of the watercourse to ensure that the flood -carrying capacity is not diminished. D. Information Regarding Other Critical Areas. Potential impacts to wetlands, fish and wildlife habitat, and other critical areas shall be addressed in accordance with the applicable sections of this title. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.70.030 Warning and disclaimer of liability. The degree of flood protection required by this chapter and the current editions of the International Residential Code and International Building Code, as adopted in ECDC Title 19, is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside frequently flooded areas or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city of Edmonds, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Part III. Development Standards — Frequently Flooded Areas 23.70.040 Development standards — Frequently flooded areas. Development standards and provisions for protection of frequently flooded areas are provided as applicable to areas of special flood hazard in the current editions of the International Residential Code and International Building Code, as adopted in ECDC Title 19. Conformance with the provisions for flood hazard reduction of the current editions of the The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 326 Edmonds Chapter 23.70 FREQUENTLY FLOODED AREAS Page 44/65 L d International Residential Code and International Building Code, as adopted in ECDC Title 19, shall constitute conformance with ECDC 23.40.050, Protection of critical areas, per the mandates of the Washington Growth Management Act and the purposes and objectives of this title. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. L O s Cn Ln M V- F4 The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 327 Edmonds Page 45/65 Chapter 23.80 GEOLOGICALLY HAZARDOUS AREAS Chapter 23.80 U) 2 GEOLOGICALLY HAZARDOUS AREAS c Sections: Cn Part I. Designation, Rating and Mapping ,n 23.80.000 Geologically hazardous areas compliance requirements flowchart. 23.80.010 Designation, rating and mapping— Geologically hazardous areas. 23.80.020 Designation of specific hazard areas. 23.80.030 Mapping of geologically hazardous areas. Part II. Allowed Activities — Geologically Hazardous Areas 23.80.040 Allowed activities — Geologically hazardous areas. Part III. Additional Report Requirements — Geologically Hazardous Areas 23.80.050 Special study and report requirements — Geologically hazardous areas. Part IV. Development Standards — Geologically Hazardous Areas 23.80.060 Development standards — General requirements. 23.80.070 Development standards — Specific hazards. Part I. Designation, Rating and Mapping 23.80.000 Geologically hazardous areas compliance requirements flowchart. See Figure 23.80.000 at the end of this chapter. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.80.010 Designation, rating and mapping — Geologically hazardous areas. Geologically hazardous areas include areas susceptible to erosion, land sliding, earthquake, or other geological events. They pose a threat to the health and safety of citizens when incompatible development is sited in areas of significant hazard. Such incompatible development may not only place itself at risk, but also may increase the hazard to surrounding development and use. Areas susceptible to one or more of the following types of hazards shall be designated as a geologically hazardous area: A. Erosion hazard; B. Landslide hazard; and C. Seismic hazard. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.80.020 Designation of specific hazard areas. A. Erosion Hazard Areas. Erosion hazard areas are at least those areas identified by the U.S. Department of Agriculture's Natural Resources Conservation Service as having a "moderate to severe," "severe," or "very severe" rill and inter -rill erosion hazard. Erosion hazard areas are also those areas impacted by shoreland and/or stream bank erosion. Within the city of Edmonds erosion hazard areas include: 1. Those areas of the city of Edmonds containing soils that may experience severe to very severe erosion hazard. This group of soils includes, but is not limited to, the following when they occur on slopes of 15 percent or greater: a. Alderwood soils (15 to 25 percent slopes); b. Alderwood/Everett series (25 to 70 percent slopes); c. Everett series (15 to 25 percent slopes); 2. Coastal and stream erosion areas which are subject to the impacts from lateral erosion related to moving water such as stream channel migration and shoreline retreat; The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 328 Edmonds Page 46/65 Chapter 23.80 GEOLOGICALLY HAZARDOUS AREAS L d 3. Any area with slopes of 15 percent or greater and impermeable soils interbedded with granular soils and U) springs or ground water seepage; and m c 4. Areas with significant visible evidence of ground water seepage, and which also include existing landslide deposits regardless of slope. `p s V) B. Landslide Hazard Areas. Landslide hazard areas are areas potentially subject to landslides based on a combination of geologic, topographic, and hydrologic factors. They include areas susceptible because of any combination of soil, c' slope (gradient), slope aspect, structure, hydrology, or other factors. Within the city of Edmonds potential landslide CM hazard areas include: _ 1. Areas of ancient or historic failures in Edmonds which include all areas within the earth subsidence and landslide hazard area as identified in the 1979 report of Robert Lowe Associates and amended by the 1985 report of GeoEngineers, Inc., and further discussed in the 2007 report by Landau Associates; 2. Coastal areas mapped as class u (unstable), uos (unstable old slides), and urs (unstable recent slides) in the Department of Ecology Washington coastal atlas; 3. Areas designated as quaternary slumps, earthflows, mudflows, or landslides on maps published by the United States Geological Survey or Washington State Department of Natural Resources; Figure 1 Simple Slope Calculation The slope calculation guidance shall be used to determine the toe and top of9'o slope for slopes that are potentiallyIand slide hazard areas or potentiallycrosion hazard areas. Toe and top of landslide hazard areas (generally slopes of 40% or greater) delineated where incline reverses or diminishes to <4% over atleast 10feet ofhorizontoIdistance, Toe and top of erasion hazard areas lgenerally slopes 15-40%) delineated where incline reverses or diminishes to<l5%over �+ I=»r t n f—f -f A i'H- WO%slop! ha2ard are slope (— a rea)ove r nfkn l0 it 10, Top of Slope V (vertical Rise) 9551ope= x106% H (Horizontal Run) Mute: Steps, gradient c ha riles, and incline nrversals u r brea ks be low percent sic pes deli ping landslide hazard areas (40%) and erasion hazard areas (159k} shall be Included as part of the larger sic pe 4. Any slope of 40 percent or steeper that exceeds a vertical height of 10 feet over a 25-foot horizontal run. Except for rockeries that have been engineered and approved by the engineer as having been built according to the The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 329 Edmonds Page 47/65 Chapter 23.80 GEOLOGICALLY HAZARDOUS AREAS L d engineered design, all other modified slopes (including slopes where there are breaks in slopes) meeting overall average steepness and height criteria should be considered potential landslide hazard areas); m c 5. Any slope with all three of the following characteristics: L a. Slopes steeper than 15 percent; ° s Cn b. Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively M impermeable sediment; and N c. Springs or ground water seepage; p 6. Any area potentially unstable as a result of rapid stream incision or stream bank erosion; :r �a L 7. Any area located on an alluvial fan, presently subject to, or potentially subject to, inundation by debris flow or deposition of stream -transported sediments; and c 8. Any slopes that have been modified by past development activity that still meet the slope criteria. c z C. Seismic Hazard Areas. Seismic hazard areas are areas subject to severe risk of damage as a result of co earthquake -induced ground shaking, slope failure settlement soil liquefaction, lateralspreading, or surface faulting. q :�' g, P q g ° These areas are designated as having a "high" and "moderate to high" risk of liquefaction as mapped on the Liquefaction Susceptibility Map of Snohomish County by the Washington State Department of Natural Resources or M areas located within landslide hazard areas. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 0- 23.80.030 Mapping of geologically hazardous areas. A. The approximate location and extent of geologically hazardous areas are shown on the city of Edmonds critical areas inventory. In addition, resources providing information on the location and extent of geologically hazardous areas in Edmonds include: 1. Washington Department of Ecology coastal zone atlas (for marine bluffs); 2. U.S. Geological Survey geologic maps, landslide hazard maps, and seismic hazard maps; 3. Washington State Department of Natural Resources seismic hazard maps for Western Washington; 4. Washington State Department of Natural Resources slope stability maps; 5. National Oceanic and Atmospheric Administration tsunami hazard maps; and 6. Federal Emergency Management Agency flood insurance maps. B. The critical areas inventory and the resources cited above are to be used as a guide for the city of Edmonds development services department, project applicants and/or property owners and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Part II. Allowed Activities — Geologically Hazardous Areas 23.80.040 Allowed activities — Geologically hazardous areas. The following activities are allowed in geologically hazardous areas as consistent with ECDC 23.40.220, Allowed activities, Chapter 19.10 ECDC, Building Permits — Earth Subsidence and Landslide Hazard Areas, and Chapter 18.30 ECDC, Storm Water Management, and do not require submission of a critical area report: A. Erosion and Landslide Hazard Areas. Except for installation of fences and as otherwise provided for in this title, only those activities approved and permitted consistent with an approved critical areas report in accordance with this title shall be allowed in erosion or landslide hazard areas. The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 330 Edmonds Page 48/65 Chapter 23.80 GEOLOGICALLY HAZARDOUS AREAS L d B. Seismic Hazard Areas. The following activities are allowed within seismic hazard areas: 1. Construction of new buildings with less than 2,500 square feet of floor area or roof area, whiehever is greater-, m L O 2. Additions to existing single story residences that are 250 square feet or less; and s Cn 3. Installation of fences. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. M N Part III. Additional Report Requirements — Geologically Hazardous Areas 23.80.050 Special study and report requirements — Geologically hazardous areas. Critical area report requirements for geologically hazardous areas are generally met through submission to the director of one or more geotechnical reports. In addition to the general critical areas report requirements of ECDC 23.40.090, critical areas reports for geologically hazardous areas must meet the requirements of this section and Chapters 18.30 and 19.10 ECDC as applicable. Critical areas reports for two or more types of critical areas must meet the report requirements for each relevant type of critical area. Geotechnical report(s) submitted for the purpose of critical areas review are required as necessary in addition to reports, data and other information mandated per ECDC Titles 18 and 19. Geotechnical report(s) shall be required: whenever a potential erosion hazard area or potential landslide hazard area, as mapped by Edmonds critical areas inventory or shown on other information consistent with ECDC 23.80.030, is located within 50 feet of the proposed development site; whenever a development site is located within a seismic hazard area; or when otherwise determined warranted by the director (e.g., a distance equal to the height of the slope). A. Preparation by a Qualified Professional. A critical areas report for assessing a potential geologically hazardous area shall be prepared by a geologist licensed in the state of Washington, with experience analyzing geologic, hydrologic, and ground water flow systems, and who has experience preparing reports for the relevant type of hazard. If mitigation measures are necessary, the report detailing the mitigation measures and design of the mitigation shall be prepared by an engineer licensed in the state of Washington, with experience stabilizing slopes with similar geotechnical properties. Critical areas studies and reports on geologically hazardous areas shall be subject to independent review pursuant to ECDC 23.40.090(B). B. Area Addressed in Critical Areas Report. The following areas shall be addressed in a critical areas report for geologically hazardous areas: 1. The project area of the proposed activity; and 2. All geologically hazardous areas within 200 feet of the project area or that have the potential to be affected by the proposal. C. Geological Hazards Assessment. A geology hazard assessment report for a geologically hazardous area shall include a field investigation and contain an assessment of whether or not each type of geologic hazard identified in ECDC 20.80.020 is present or not present and if development of the site will increase the risk of landslides or erosion on or off the site. Geotechnical reports shall be prepared, stamped and signed by a qualified professional. These reports must: 1. Be appropriate for the scale and scope of the project; 2. Include a discussion of all geologically hazardous areas on the site and any geologically hazardous areas off site potentially impacted by the proposed project. If the affected area extends beyond the subject property, the geology hazard assessment may utilize existing data sources pertaining to that area; 3. Clearly state that the proposed project will not decrease slope stability or pose an unreasonable threat to persons or property either on or off site and provide a rationale as to those conclusions based on geologic conditions and interpretations specific to the project; 4. Provide adequate information to determine compliance with the requirements of this chapter; The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 331 Edmonds Page 49/65 Chapter 23.80 GEOLOGICALLY HAZARDOUS AREAS L d 5. Generally follow the guidelines set forth in the Washington State Department of Licensing Guidelines for U) Preparing Engineering Geology Reports in Washington (2006). In some cases, such as when it is determined that no landslide or erosion risk is present, a full report may not be necessary to determine compliance with this chapter, and in those cases a letter or abbreviated report may be provided. L 0 6. If a landslide or erosion hazard is identified, provide minimum setback recommendations for avoiding the Cn landslide or erosion hazard, other recommendations for site development so that the frequency or magnitude of landsliding or erosion on or off the site is not altered, and recommendations consistent with ECDC 23.80.060 and c� i 23.80.070. N c D. Incorporation of Previous Study. Where a valid critical areas report has been prepared within the last five years for 0 a specific site, and where the proposed land use activity and surrounding site conditions are unchanged, said report U may be incorporated into the required critical areas report. The applicant shall submit a hazards assessment detailing w any changed environmental conditions associated with the site. E. Mitigation of Long -Term Impacts. When hazard mitigation is required, the mitigation plan shall specifically address how the activity maintains or reduces the preexisting level of risk to the site and all other properties potentially impacted on a long-term basis (equal to or exceeding the projected lifespan of the activity or occupation). Proposed mitigation techniques shall be considered to provide long-term hazard reduction only if they do not require regular maintenance or other actions to maintain their function. Mitigation may also be required to avoid any increase in risk above the preexisting conditions following abandonment of the activity. F. Additional Technical Information Requirements for Projects within Erosion and Landslide Hazard Areas. In addition to the basic critical areas report requirements for geologically hazardous areas provided in subsections (A) through (E) of this section, technical information for any development within earth subsidence and landslide hazard areas shall meet the requirements of Chapter 19.10 ECDC and include the following information at a minimum: 1. Site Plan. The critical areas report shall include a copy of the site plan for the proposal showing: a. The height of slope, slope gradient, and cross-section of the project area; b. The location of springs, seeps, or other surface expressions of ground water on or within 200 feet of the project area or that have the potential to be affected by the proposal; and c. The location and description of surface water runoff features; 2. Hazards Analysis. The hazards analysis component of the critical areas report shall specifically include a. A description of the extent and type of vegetative cover; b. A description of subsurface conditions based on data from site -specific explorations; c. Descriptions of surface and ground water conditions, public and private sewage disposal systems, fills and excavations, and all structural improvements; d. An estimate of slope stability and the effect construction and placement of structures will have on the slope over the estimated life of the structure; e. An estimate of the bluff retreat rate or an estimate of the percent risk of landslide area expansion that recognizes and reflects potential catastrophic events such as seismic activity or a 100-year storm event; f. Consideration of the run -out hazard of landslide debris and/or the impacts of landslide run -out on downslope properties; g. A study of slope stability including an analysis of proposed cuts, fills, and other site grading; h. Recommendations for building siting limitations; and The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 332 5.8.d Edmonds Page 50/65 Chapter 23.80 GEOLOGICALLY HAZARDOUS AREAS L d i. An analysis of proposed surface and subsurface drainage, and the vulnerability of the site to erosion; M 2 3. Geotechnical Engineering Report. The technical information for a project within a landslide hazard area shall include a geotechnical engineering report prepared by a licensed engineer that presents engineering recommendations for the following: `p s Cn a. Parameters for design of site improvements including appropriate foundations and retaining structures. These should include allowable load and resistance capacities for bearing and lateral loads, installation c' considerations, and estimates of settlement performance; b. Recommendations for drainage and subdrainage improvements; c o c. Earthwork recommendations including clearing and site preparation criteria, fill placement and :r U w compaction criteria, temporary and permanent slope inclinations and protection, and temporary excavation support, if necessary; and d. Mitigation of adverse site conditions including slope stabilization measures and seismically unstable d c soils, if appropriate; `o 4. Erosion and Sediment Control Plan. For any development proposal on a site containing an erosion hazard area, z co G an erosion and sediment control plan shall be required. The erosion and sediment control plan shall be prepared in d compliance with requirements set forth in Chapter 18.30 ECDC. G. Limited Report Requirements for Stable Erosion Hazard Areas. At the director's discretion, detailed critical areas Q report requirements may be waived for erosion hazard areas with suitable slope stability. Report requirements for Q' a stable erosion hazard areas may be met through construction documents that shall include at a minimum an erosion w and sediment control plan prepared in compliance with requirements set forth in Chapter 18.30 ECDC. c H. Seismic Hazard Areas. In addition to the basic critical areas report requirements for geologically hazardous areas M M provided in subsections (A) through (E) of this section, a critical areas report for a seismic hazard area shall also meet the following requirements: M m 1. The hazards analysis shall include a complete discussion of the potential impacts of seismic activity on the site L a (for example, forces generated and fault displacement). ma 2. A geotechnical engineering report shall evaluate the physical properties of the subsurface soils, especially the thickness of unconsolidated deposits and their liquefaction potential. If it is determined that the site is subject to pp liquefaction, mitigation measures appropriate to the scale of the development shall be recommended and 5 implemented. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Part IV. Development Standards — Geologically Hazardous Areas 23.80.060 Development standards — General requirements. A. Alterations of geologically hazardous areas or associated buffers may only occur for activities that: 1. Will not increase the threat of the geological hazard to adjacent properties beyond predevelopment conditions; 2. Will not adversely impact other critical areas; 3. Are designed so that the hazard to the project is eliminated or mitigated to a level equal to or less than predevelopment conditions; and 4. Are certified as safe as designed and under anticipated conditions by a qualified engineer or geologist, licensed in the state of Washington. B. Critical Facilities Prohibited. Critical facilities shall not be sited within geologically hazardous areas unless there is no other practical alternative. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 333 5.8.d Edmonds Page 51/65 Chapter 23.80 GEOLOGICALLY HAZARDOUS AREAS L d 23.80.070 Development standards — Specific hazards. A. Erosion and Landslide Hazard Areas. Activities on sites containing erosion or landslide hazards shall meet the requirements of ECDC 23.80.060, Development standards — General requirements, and the specific following requirements: d L 1. Minimum Building Setback. The minimum setback shall be the distance required to ensure the proposed 0 Cn structure will not be at risk from landslides for the life of the structure, considered to be 120 years, and will not cause an increased risk of landslides taking place on or off the site. A setback shall be established from all edges cL i of landslide hazard areas. The size of the setback shall be determined by the director consistent with v recommendations provided in the geotechnical report to eliminate or minimize the risk of property damage, r_ death, or injury resulting from landslides caused in whole or part by the development, based upon review of and 0 :r concurrence with a critical areas report prepared by a qualified professional; 2. Buffer Requirements. A buffer may be established with specific requirements and limitations, including but not limited to, drainage, grading, irrigation, and vegetation. Buffer requirements shall be determined by the director consistent with recommendations provided in the geotechnical report to eliminate or minimize the risk of c property damage, death, or injury resulting from landslides caused in whole or part by activities within the buffer m area, based upon review of and concurrence with a critical areas report prepared by a qualified professional; o z co 3. Alterations. Alterations of an erosion or landslide hazard area, minimum building setback and/or buffer may $ only occur for activities for which a hazards analysis is submitted and certifies that: a. The alteration will not increase surface water discharge or sedimentation to adjacent properties beyond 2 predevelopment conditions; a a b. The alteration will not decrease slope stability on adjacent properties; and 0 c. Such alterations will not adversely impact other critical areas; o 4. Design Standards within Erosion and Landslide Hazard Areas. Development within an erosion or landslide hazard area and/or buffer shall be designed to meet the following basic requirements unless it can be demonstrated that an alternative design that deviates from one or more of these standards provides greater long-term slope stability while meeting all other provisions of this title. The requirement for long-term slope stability shall exclude designs that require regular and periodic maintenance to maintain their level of function. The basic development design standards are: a. The proposed development shall not decrease the factor of safety for landslide occurrences below the limits of 1.5 for static conditions and 1.2 for dynamic conditions. If stability at the proposed development site is below these limits, the proposed development shall provide practicable approaches to reduce risk to human safety and improve the factor of safety for landsliding. In no case shall the existing factor of safety be reduced for the subject property or adjacent properties; b. Structures and improvements shall be clustered to avoid geologically hazardous areas and other critical areas; c. Structures and improvements shall minimize alterations to the natural contour of the slope, and foundations shall be tiered where possible to conform to existing topography; d. Structures and improvements shall be located to preserve the most critical portion of the site and its natural landforms and vegetation; e. The proposed development shall not result in greater risk or a need for increased buffers on neighboring properties; f. The use of retaining walls that allow the maintenance of existing natural slope area is preferred over graded artificial slopes; and g. Development shall be designed to minimize impervious lot coverage; The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 334 5.8.d Edmonds Page 52/65 Chapter 23.80 GEOLOGICALLY HAZARDOUS AREAS L d 5. Vegetation Retention. Unless otherwise provided or as part of an approved alteration, removal of vegetationcc from an erosion or landslide hazard area or related buffer shall be prohibited; m c 6. Seasonal Restriction. Clearing shall be allowed only from May 1 st to October 1 st of each year; provided, that the director may extend or shorten the dry season on a case -by -case basis depending on actual weather `o conditions, except that timber harvest, not including brush clearing or stump removal, may be allowed pursuant Cn to an approved forest practice permit issued by the city of Edmonds or the Washington State Department of Natural Resources; cL i N 7. Point Discharges. Point discharges from surface water facilities and roof drains onto or upstream from an erosion or landslide hazard area shall be prohibited except as follows: g :r a. Conveyed via continuous storm pipe downslope to a point where there are no erosion hazard areas downstream from the discharge; L b. Discharged at flow durations matching predeveloped conditions, with adequate energy dissipation, into existing channels that previously conveyed storm water runoff in the predeveloped state; or L O c. Dispersed discharge upslope of the steep slope onto a low -gradient, undisturbed buffer demonstrated to be co adequate to infiltrate all surface and storm water runoff, and where it can be demonstrated that such c discharge will not increase the saturation of the slope; and 8. Prohibited Development. On -site sewage disposal systems, including drain fields, shall be prohibited within U erosion and landslide hazard areas and related buffers. a B. Earth Subsidence and Landslide Hazard Area. In addition to the requirements of this chapter, development proposals for lands located within the earth subsidence and landslide hazard area as indicated on the critical areas inventory shall be subject to the provisions of Chapter 19.10 ECDC. C. Seismic Hazard Areas. Activities proposed to be located in seismic hazard areas shall meet the standards of ECDC 23.80.060, Development standards — General requirements. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Figure 23.80.000 The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 335 5.8.d Edmonds Chapter 23.80 GEOLOGICALLY HAZARDOUS AREAS CITY OF EDMONDS CRITICAL AREAS Critical Areas Compliance Requirements* Geologically Hazardous Areas Geologicahy Geo•Naaard Assessment Geo•Hazard assess- Geotechnical Report hazardous area REQUIREMENTS to ment concludes REQUIREMENT to (geo•hazard) may be ideotilyclassification and jurisdictional delineate boundaries located on or near location 91 geo- razard. geo-hazard area and extent of subject parcel. located within 200 ft go haxard ama- of subject parcel. Geo•Natard assessment concludes in o ju risd fc- ticnal gee hazard located � 20011L fro m subject parcel. N o additiona t compliance requirements. Development avoid s goo -hazard area and required minimum b uild ing sathao k 1 buffer. 'Report requirememsmay be met through submiii—i a single criticalarea reportor muihple repertsin cam hinarian. No additionaI compliance required. Page 53/65 Development e nc roaches within delineated geo-hazard area and 1 or minimum building setback. Geotechnical Report R E QU kREM ENT to iden tify d osign mod1ftc at io ns and mltigation sufficient to avoid ad ditiunaI potential risk associated with devel opm ent in and around gec-hazard areas. No additional compliance requirements upon implementation of geotechticai recommendations L to R L 0 z LO M T v The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 336 Edmonds Page 54/65 Chapter 23.90 FISH AND WILDLIFE HABITAT CONSERVATION AREAS L d Chapter 23.90 U) 2 FISH AND WILDLIFE HABITAT CONSERVATION AREAS c m L O s Sections: Cn Part I. Designation, Rating and Mapping ,n 23.90.000 Fish and wildlife habitat conservation areas compliance requirements flowchart. 23.90.010 Designation, rating and mapping — Fish and wildlife habitat conservation areas. c Part II. Additional Report Requirements — Fish and Wildlife Habitat Conservation Areas 23.90.020 Special study and report requirements — Fish and wildlife habitat conservation areas. :a Part III. Development Standards — Fish and Wildlife Habitat Conservation Areas w �L 23.90.030 Development standards — General requirements. 23.90.040 Development standards — Specific habitats. Part I. Designation, Rating and Mapping 23.90.000 Fish and wildlife habitat conservation areas compliance requirements flowchart. See Figure 23.90.000 at the end of this chapter. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.90.010 Designation, rating and mapping — Fish and wildlife habitat conservation areas. A. Fish and wildlife habitat conservation areas in the city of Edmonds include: 1. Streams. Within the city of Edmonds streams shall include those areas where surface waters produce a defined channel or bed which demonstrates clear evidence, such as the sorting of sediments, of the passage of water. The channel or bed need not contain water year-round. Streams shall be classified in accordance with the Washington Department of Natural Resources water typing system (WAC 222-16-030) hereby adopted in its entirety by reference and summarized as follows: a. Type S: streams inventoried as "shorelines of the state" under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW; b. Type F: streams which contain fish habitat; c. Type Np: perennial nonfish habitat streams; and d. Type Ns: seasonal nonfish habitat streams. All streams included on the inventory that are known to exist within the city of Edmonds do not meet criteria for "shorelines of the state" but contain fish habitat and, thus, meet designation criteria for Type F waters pursuant to WAC 222-16-030. However, not all Edmonds streams support anadromous fish populations or have the potential for anadromous fish occurrence because of obstructions, blockages or access restrictions resulting from existing conditions. Therefore, in order to provide special consideration of and increased protection for anadromous fish in the application of development standards, Edmonds streams shall be further classified as follows: Anadromous fishbearing streams: streams existing in whole or in part within the city of Edmonds in which anadromous fish are known to occur. As of 2004, Edmonds fishbearing streams are known to include Willow Creek, Shellabarger Creek, Shell Creek, Hindley Creek, Perrinville Creek, and Lunds Creek; and Nonanadromous fishbearing streams: streams existing in whole or in part within the city of Edmonds which do not support anadromous fish populations and do not have the potential for anadromous fish occurrence because of barriers to fish passage or lack of suitable habitat. Streams with anadromous fish occurrence were identified in the Edmonds Stream Inventory and Assessment, a 2002 report of Pentec Environmental which is incorporated by this reference as if herein set forth. The city of Edmonds advocates and encourages the removal of barriers to anadromous fish passage consistent with the The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 337 5.8.d Edmonds Page 55/65 Chapter 23.90 FISH AND WILDLIFE HABITAT CONSERVATION AREAS L d purposes and objectives of this title. The director may provide updated information on the occurrence of anadromous fish in Edmonds streams consistent with changes in existing environmental conditions. m c 2. Areas with Which State or Federally Designated Endangered, Threatened, and Sensitive Species Have a Primary Association, or Offer Important Fish and Wildlife Habitat within the Urban Environment. `p s Cn a. Federally designated endangered and threatened species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service and the NOAA Fisheries that are in danger of extinction or threatened to c' become endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service should v be consulted for current listing status. E_ b. State -designated endangered, threatened, and sensitive species are those fish and wildlife species native to the state of Washington identified by the Washington Department of Fish and Wildlife, that are in danger of extinction, threatened to become endangered, vulnerable, or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. State -designated endangered, threatened, and sensitive species are periodically recorded in WAC 232-12-014 (state endangered species) and WAC 232-12-011 (state threatened and sensitive species). The State Department of Fish and Wildlife maintains the most current listing and should be consulted for current listing status. 3. State Priority Habitats and Areas Associated with State Priority Species. Priority habitats and species are considered to be priorities for conservation and management. Priority species require protective measures for their perpetuation due to their population status, sensitivity to habitat alteration, and/or recreational, commercial, or tribal importance. Priority habitats are those habitat types or elements with unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element. Priority habitats and species are identified by the State Department of Fish and Wildlife. 4. Habitats and Species of Local Importance. Habitats and species of local importance are those identified by the city of Edmonds, including but not limited to those habitats and species that, due to their population status or sensitivity to habitat manipulation, warrant protection. Habitats may include a seasonal range or habitat element with which a species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. 5. Commercial and Recreational Shellfish Areas. These areas include all public and private tidelands or bedlands suitable for shellfish harvest, including shellfish protection districts established pursuant to Chapter 90.72 RCW. 6. Kelp and eelgrass beds and herring and smelt spawning areas. 7. Naturally Occurring Ponds Under 20 Acres. Naturally occurring ponds are those ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in order to mitigate impacts to ponds. Naturally occurring ponds do not include ponds deliberately designed and created from dry sites, such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds, and landscape amenities, unless such artificial ponds were intentionally created for mitigation. 8. Waters of the State. Waters of the state include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington, as classified in WAC 222-16-031 (or WAC 222-16-030, depending on classification used). B. All areas within the city of Edmonds meeting one or more of these criteria, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this title and shall be managed consistent with the best available science, such as the Washington Department of Fish and Wildlife's Management Recommendations for Priority Habitat and Species. The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 338 5.8.d Edmonds Page 56/65 Chapter 23.90 FISH AND WILDLIFE HABITAT CONSERVATION AREAS L d C. Mapping. The approximate location and extent of fish and wildlife habitat conservation areas are shown on the city of Edmonds critical areas inventory. Resources providing information on the location and extent of fish and wildlife habitat conservation areas incorporated into the inventory include: c 1. Washington Department of Fish and Wildlife priority habitat and species maps; `p s Cn 2. Washington State Department of Natural Resources official water type reference maps, as amended; Ln M 3. Washington State Department of Natural Resources Puget Sound intertidal habitat inventory maps; N 4. Washington State Department of Natural Resources shorezone inventory; c 5. Washington State Department of Natural Resources Natural Heritage Program mapping data; :r U =a w �L 6. Washington State Department of Health annual inventory of shellfish harvest areas; 7. Anadromous and resident salmonid distribution maps contained in the habitat limiting factors reports d published by the Washington Conservation Commission; and c z 8. Washington State Department of Natural Resources state natural area preserves and natural resource co conservation area maps. d The critical areas inventory and the resources cited above are to be used as a guide for the city of Edmonds development services department, project applicants, and/or property owners and should be continuously updated as .2 CL new critical areas are identified. They are a reference and do not provide a final critical areas designation. [Ord. 4026 Q § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. w Part II. Additional Report Requirements — Fish and Wildlife Habitat Conservation Areas c 23.90.020 Special study and report requirements — Fish and wildlife habitat conservation areas. In addition to the general critical areas report requirements of ECDC 23.40.090, critical area reports for fish and wildlife habitat conservation areas must meet the requirements of this section. Critical areas reports for two or more types of critical areas must meet the report requirements for each relevant type of critical area. A. Preparation by a Qualified Professional. A critical areas report for a fish and wildlife habitat conservation area shall be prepared by a qualified professional who is a biologist with experience preparing reports for the relevant type of habitat. Pursuant to ECDC 23.40.090(A), applicants may choose one of the qualified technical consultants on the city's approved list in preparing critical areas reports for fish and wildlife habitat conservation areas, or may utilize an alternative consultant. Critical areas studies and reports developed by an alternative consultant shall be subject to independent review pursuant to ECDC 23.40.090(B). B. Areas Addressed in Critical Areas Report. The following areas shall be addressed in a critical areas report for fish and wildlife habitat conservation areas: 1. The project area of the proposed activity; 2. All fish and wildlife habitat conservation areas and recommended buffers within 200 feet of the project area; 3. All shoreline areas, floodplains, other critical areas, and related buffers within 200 feet of the project area; and 4. A discussion of the efforts to avoid and minimize potential effects to these resources and the implementation of mitigation/enhancement measures as required. C. Habitat Assessment. A habitat assessment is an investigation of the project area to evaluate the potential presence or absence of designated critical fish or wildlife species or habitat. A critical areas report for a fish and wildlife habitat conservation area shall contain an assessment of habitats, including the following site- and proposal -related information at a minimum: The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 339 5.8.d Edmonds Page 57/65 Chapter 23.90 FISH AND WILDLIFE HABITAT CONSERVATION AREAS 1. Detailed description of vegetation on and adjacent to the project area and its associated buffer; 2. Identification of any species of local importance, priority species, or endangered, threatened, sensitive, or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species; 3. A discussion of any federal, state, or local special management recommendations, including Washington Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area. D. Additional Technical Information Requirements for Streams. Consistent with specific development standards for Edmonds streams (ECDC 23.90.040(D)), critical areas report requirements for streams may be met, at the discretion of the director, through submission of one or more specific report types. If stream buffer enhancement is proposed to reduce a standard stream buffer width or as part of project mitigation required by the director, a stream buffer enhancement plan may be submitted to fulfill the requirements of this section. If no project impacts are anticipated and standard stream buffer widths are retained, a stream survey report, general critical areas report or other reports alone or in combination may be submitted as consistent with the specific requirements of this section. In addition to the basic critical areas report requirements for fish and wildlife habitat conservation areas provided in subsections (A) through (C) of this section, technical information on streams shall include the following information at a minimum: 1. A written assessment and accompanying maps of the stream and associated hydrologic features within 200 feet of the project area, including the following information at a minimum: a. Stream survey showing the ordinary high water mark(s); b. Standard stream buffer boundary; c. Boundary for proposed reduced stream buffers; d. Vegetative, faunal, and hydrologic characteristics; e. Soil and substrate conditions; and £ Topographic elevations, at two -foot contours; 2. A detailed description and functional assessment of the stream buffer under existing conditions pertaining to the protection of stream functions, fish habitat and, in particular, potential anadromous fisheries; 3. A habitat and native vegetation conservation strategy that addresses methods to protect and enhance on -site habitat and stream functions; 4. Proposed buffer enhancement, if needed, including a written assessment and accompanying maps and planting plans for buffer areas to be enhanced, including the following information at a minimum: a. A description of existing buffer conditions; b. A description of proposed buffer conditions and how proposed conditions will increase buffer functioning in terms of stream and fish habitat protection; c. Performance standards for measuring enhancement success through a monitoring period of at least three years; and d. Provisions for monitoring and submission of monitoring reports documenting buffer conditions as compared to performance standards for enhancement success; 5. A discussion of ongoing management practices that will protect stream functions and habitat value through maintenance of vegetation density within the stream buffer. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 340 5.8.d Edmonds Page 58/65 Chapter 23.90 FISH AND WILDLIFE HABITAT CONSERVATION AREAS L d Part III. Development Standards — Fish and Wildlife Habitat Conservation Areas cc 2 23.90.030 Development standards — General requirements. c A. Alterations. A fish and wildlife habitat conservation area may be altered only if the proposed alteration of the habitat or the mitigation proposed does not degrade the quantitative and qualitative functions and values of the habitat. `p There are no specific development standards for upland habitats of local importance unless these areas include another Cn critical area (streams, heron rookeries, steep slopes, etc.). City staff will review the critical areas report (ECDC 23.90.020) and work with the applicant to minimize effects or improve conditions to upland habitat. c� i T- F4 B. Approvals of Activities. The director shall condition approvals of activities allowed within or adjacent to a habitat conservation area or its buffers as necessary to minimize or mitigate any potential adverse impacts. Conditions shall be o based on the best available science and may include, but are not limited to, the following: U 1. Establishment of buffer zones; 2. Preservation of critically important vegetation and/or habitat features such as snags and downed wood; c 3. Limitation of access to the habitat area, including fencing to deter unauthorized access; `o 4. Seasonal restriction of construction activities; z o 5. Establishment of a duration and timetable for periodic review of mitigation activities; and 6. Requirement of a performance bond, when necessary, to ensure completion and success of proposed mitigation. C. Mitigation and Equivalent or Greater Biological Functions. Mitigation of alterations to fish and wildlife habitat conservation areas shall achieve equivalent or greater biologic and hydrologic functions and shall include mitigation for adverse impacts upstream or downstream of the development proposal site. Mitigation shall address each function affected by the alteration to achieve functional equivalency or improvement on a per function basis. Mitigation shall be located on site except when demonstrated that a higher level of ecological functioning would result from an off -site location. Mitigation shall be detailed in a fish and wildlife habitat conservation area mitigation plan, which may include the following as necessary: 1. A native vegetation planting plan; 2. Plans for retention, enhancement or restoration of specific habitat features; 3. Plans for control of nonnative invasive plant or wildlife species; and 4. Stipulations for use of innovative, sustainable building practices. D. Approvals and the Best Available Science. Any approval of alterations or impacts to a fish and wildlife habitat conservation area shall be supported by the best available science. E. Buffers. 1. Establishment of Buffers. The director shall require the establishment of temporary or permanent buffer areas for permitted activities adjacent to fish and wildlife habitat conservation areas which may result in fish or wildlife disturbance (e.g., construction, grading, etc.) when needed to protect fish and wildlife habitat conservation areas. Establishment of buffers shall follow recommendations set forth by a qualified biologist in the project critical areas report. Required buffer widths shall reflect the sensitivity of the habitat and the type and intensity of human activity proposed to be conducted nearby and shall be consistent with the management recommendations issued by the Washington Department of Fish and Wildlife. 2. Seasonal and Daily Timing Restrictions. When a species is more susceptible to adverse impacts during specific periods of the year or day, seasonal restrictions on permitted activities within or adjacent to fish and wildlife The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 341 5.8.d Edmonds Page 59/65 Chapter 23.90 FISH AND WILDLIFE HABITAT CONSERVATION AREAS L d habitat conservation areas may be required at the discretion of the director pursuant to recommendations set forth U) in a critical areas report. m c F. Signs and Fencing of Fish and Wildlife Habitat Conservation Areas. L 1. Temporary Markers. The outer perimeter of the fish and wildlife habitat conservation area or buffer and the 0 s Cn limits of those areas to be disturbed pursuant to an approved permit or authorization shall be marked in the field as required by the director in such a way as to ensure that no unauthorized intrusion will occur. This temporary c' marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, v are in place. c 0 2. Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the director U may require the applicant to install permanent signs along the boundary of a fish and wildlife habitat conservation w area or buffer. L- a. Permanent signs shall be made of a metal face and attached to a metal post or another material of equal durability. Signs must be posted at an interval of one per lot or every 50 feet, whichever is less, and must be maintained by the property owner in perpetuity. The sign shall be worded as follows or with alternative language approved by the director: Fish and Wildlife Habitat Conservation Area Do Not Disturb Contact the City of Edmonds Regarding Uses and Restriction b. The provisions of subsection (17)(2)(a) of this section may be modified by the director as necessary to assure protection of sensitive features or wildlife. 3. Fencing. a. The director shall determine if fencing is necessary to protect the functions and values of the critical area. If found to be necessary, the director shall condition any permit or authorization issued pursuant to this chapter to require the applicant to install a permanent fence at the edge of the fish and wildlife habitat conservation area or buffer, when fencing will prevent future impacts to the fish and wildlife habitat conservation area. b. The applicant shall be required to install a permanent fence around the fish and wildlife habitat conservation area or buffer when domestic grazing animals are present or may be introduced on site. c. Fencing installed as part of a proposed activity or as required in this subsection shall be designed so as to not interfere with species migration, including fish runs, and shall be constructed in a manner that minimizes habitat impacts. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.90.040 Development standards — Specific habitats. A. Endangered, Threatened, and Sensitive Species. 1. No development shall be allowed within a fish and wildlife habitat conservation area or buffer with which state or federally endangered, threatened, or sensitive species have a primary association, except that which is provided for by a management plan established by the Washington Department of Fish and Wildlife or applicable state or federal agency. 2. Whenever activities are proposed adjacent to a fish and wildlife habitat conservation area with which state or federally endangered, threatened, or sensitive species have a primary association, such area shall be protected The Edmonds City Code and Community Development Code are current through Ordinance 4065, passed April 11, 2017. Packet Pg. 342 7.1 City Council Agenda Item Meeting Date: 06/13/2017 Proposed Noise Ordinance (10 min.) Staff Lead: Phil Williams Department: Engineering Preparer: Rob English Background/History None. Staff Recommendation Forward this item to the June 20th City Council meeting for discussion. Narrative Attached are proposed code changes to Chapter 5.30, "Noise Abatement and Control" related to exemptions for sounds created by City construction projects. The new provisions in section 5.30.100, "Exemptions", exempt sounds originating from street construction, repair projects or utility work performed by or on behalf of the City. Section 5.30.120 (C), "Variances", is also revised to make variances a staff decision (Type 1 permit procedure). The decision to approve a variance would depend on criteria outlined in paragraphs one through five, as listed below: 1. Public convenience - Will the work result in significant delays for transportation, services, or other customer needs if done only during the day and within the hour restrictions set out in other parts of this chapter? 2. Public Safety - does working at night significantly improve safety conditions for the traveling public and/or construction workers? 3. Public exposure - What will be the setting for any proposed work outside of regular hours? Is it located on an arterial street or in a mostly residential area? 4. Public cost - Does a limited amount of authorized work outside of regular hours established by this chapter save the public significant cost compared to daytime work? 5. Have all reasonable steps been taken to reduce the impact of any necessary noise outside the standard hours? Answering this question needs to include evaluation of (1) limiting the night time or early morning work to only that necessary to reasonably mitigate the issues identified above, (2) use of quiet generators and quiet pumps (as available), (3) drilling and placing of piles instead of driving them, as well as use of other techniques, design choices, and acoustic control equipment and strategies necessary to minimize the night-time or early morning impacts from construction noise. Staff will review these changes and discuss how the proposed code will be applied to City sponsored Packet Pg. 548 7.1 projects and private projects. Attachments: Draft Version noise code revisions Redlined Version of noise code revisions Packet Pg. 549 7.2 City Council Agenda Item Meeting Date: 06/13/2017 Presentation of the Traffic Impact Fee Annual Report (10 minutes) Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History For information only. Staff Recommendation None. Narrative In 2004, the City authorized the collection of Traffic Impact Fees to help pay for transportation projects that are needed to serve new growth and development. Pursuant to Section 3.36.080(C) of the Edmonds City Code (ECC), Attachment 1 is an accounting of the Traffic Impact Fee Fund for 2016. The City collected a total of $139,031 in traffic impact fees during 2016. These revenues combined with the 2016 beginning fund balance of $216,608.17 resulted in a total available funding of $355,639.17. On the expense side and in accordance with section 3.36.100 of the ECC, the traffic impact fee fund paid $40,907.69 for the annual debt service to the Public Works Trust Fund (PWTF) for the 220th Street SW Improvements Project. The traffic impact fund also paid $95,286 for the 76th Ave & 212th St. Intersection Improvements Project. Attachments: 2016 Traffic Impact Fee Report Packet Pg. 556 7.3 City Council Agenda Item Meeting Date: 06/13/2017 Presentation of a Supplemental Agreement with HWA GeoSciences for the Fishing Pier Rehabilitation Project (10 minutes) Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History On August 23, 2016, Council authorized the Mayor to sign a Supplemental Agreement with HWA for the Fishing Pier Rehabilitation project. Staff Recommendation Forward this item to the June 20, 2017 consent agenda for Council approval. Narrative The staff proposes entering into Supplemental Agreement No. 3 with HWA for $38,362 to extend construction observation services and testing for the project for a total contract amount of $148,437. The extension of construction observation services and testing is required because the Contractor is returning to the pier to remedy deficient center joint repairs along ten pier bays. Per specifications, costs incurred by the City attributable to remedying defective work shall be paid by the Contractor. Attachments: HWA Supplemental Agreement - Budget Packet Pg. 561 8.1 City Council Agenda Item Meeting Date: 06/13/2017 March 2017 Quarterly Financial Report (15 min.) Staff Lead: Scott James Department: Administrative Services Preparer: Sarah Mager Background/History N/A Staff Recommendation No action needed; informational only. Narrative March 2017 Quarterly Financial Report. Attachments: March Monthly Budgetary Financial Report Packet Pg. 563 8.2 City Council Agenda Item Meeting Date: 06/13/2017 Finance Policy Review Process (15 min.) Staff Lead: Scott James Department: Administrative Services Preparer: Scott James Background/History At the May 9, 2017 Finance Committee, the committee placed finance policy review on the list of items the committee would like to accomplish. Staff Recommendation Committee will continue to review finance polices to make recommendations for amendment and adoption. Narrative Packet Pg. 604 8.3 City Council Agenda Item Meeting Date: 06/13/2017 Traffic Impact Fees (5 min.) Staff Lead: Scott James Department: Administrative Services Preparer: Scott James Background/History Councilmember request to review the Traffic Impact Fee Report Staff Recommendation N/A Narrative N/A Attachments: 2016 Traffic Impact Fee Log.Final Packet Pg. 605 9.1 City Council Agenda Item Meeting Date: 06/13/2017 Temporary Administrative Assistant in Public Works Department (10 min.) Staff Lead: Rob English Department: Engineering Preparer: Rob English Background/History None. Staff Recommendation Forward the item to the consent agenda for approval at the June 20, 2017 City Council meeting. Narrative The proposed temporary administrative assistant position will provide administrative support to the Engineering Division while an employee is on maternity leave. The estimated increase to the Division's salary line item is $16,500 and includes the increased salary cost and projected salary savings. The actual amount may be less depending on the hourly rate of the temporary employee and duration of employment. If approved, a budget amendment for the temporary position will be included in the upcoming second quarter budget amendment process. Packet Pg. 610