2016-08-02 City Council - Full Agenda-17281.
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o Agenda
Edmonds City Council
snl. ynyo COUNCIL CHAMBERS
250 5TH AVE NORTH, EDMONDS, WA 98020
AUGUST 2, 2016, 7:00 PM
CALL TO ORDER/FLAG SALUTE
ROLL CALL
APPROVAL OF THE AGENDA
APPROVAL OF THE CONSENT AGENDA
1. Approval of Council Meeting Minutes of July 26, 2016
2. Claim for Damages
3. Approval of claim checks.
4. Approve Engagement of Northwest Municipal Advisors for 2016 Financial Advisory Services
5. Approve of Engagement of Foster Pepper for Bond Counsel Services for 2016
6. Renewal of Interlocal Agreement with Edmonds School District for Police Coverage at Athletic
Events
7. Renewal of Interlocal Agreement with Snohomish Regional Drug & Gang Task Force 2016-2017
8. Ordinance Adding Public Indecency Sections to ECC 5.38 (Offenses Against Public Morals)
PRESENTATIONS/REPORTS
1. Oath of Office/Swearing In Ceremony - Police Sergeant Alan Hardwick (10 min.)
AUDIENCE COMMENTS (3-MINUTE LIMIT PER PERSON) - REGARDING MATTERS NOT LISTED ON
THE AGENDA AS CLOSED RECORD REVIEW OR AS PUBLIC HEARINGS
PUBLIC HEARINGS
1. Public Hearing on Proposed Code Changes to the Stormwater Management Section (Chapter
18.30) of Title 18, Edmonds Community Development Code (45 min.)
8. ACTION ITEMS
1. Adoption of Ordinance Amending the Sign Code (10 min.)
2. Willow Creek Daylighting RCO authorization (10 min.)
3. Authorization for Mayor to sign revised Goods & Materials Agreement for the procurement of
stone cladding, paving and site furnishings for the Veteran's Plaza from Coldspring (5 min.)
9. STUDY ITEMS
10.
11.
1. Shoreline Master Program Update (45 min.)
MAYOR'S COMMENTS
COUNCIL COMMENTS
Edmonds City Council Agenda
August 2, 2016
Page 1
12. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW
42.30.110(1)(1)
13. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE
SESSION.
ADJOURN
Edmonds City Council Agenda
August 2, 2016
Page 2
4.1
City Council Agenda Item
Meeting Date: 08/2/2016
Approval of Council Meeting Minutes of July 26, 2016
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:
07-26-2016 Draft Council Meeting Minutes
Packet Pg. 3
4.1.a
EDMONDS CITY COUNCIL DRAFT MINUTES
July 26, 2016
ELECTED OFFICIALS PRESENT
Dave Earling, Mayor
Kristiana Johnson, Council President
Adrienne Fraley-Monillas, Councilmember
Diane Buckshnis, Councilmember
Dave Teitzel, Councilmember
Thomas Mesaros, Councilmember
Neil Tibbott, Councilmember
ELECTED OFFICIALS ABSENT
Michael Nelson, Councilmember
STAFF PRESENT
Jim Lawless, Assistant Police Chief
Phil Williams, Public Works Director
Patrick Doherty, Econ. Dev & Comm. Serv. Dir
Shane Hope, Development Services Director
Scott James, Finance Director
Rob Chave, Planning Manager
Mike Clugston, Planner
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Andrew Pierce, Legislative/Council Assistant
Jerrie Bevington, Camera Operator
Jeannie Dines, Recorder
Mayor Earling said the community suffered a tremendous loss with the tragic automobile accident in
north Edmonds this past week and the death of two young people and injury of three others. The
community mourns with and for the families and they are in the community's thoughts and prayers. The
community acknowledges but cannot begin to understand their grief but wish for them strength and peace
in this difficult time. The community needs to be reminded how quickly tragedy can strike; the accident
was clearly caused by an excessive rate of speed. He urged the community to be mindful of such risks and
travel safely to protect themselves and loved ones. He asked for a moment of silence.
1. CALL TO ORDER
The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council
Chambers, 250 5t' Avenue North, Edmonds.
2. ROLL CALL/FLAG SALUTE
City Clerk Scott Passey called the roll. All elected officials were present with the exception of
Councilmember Nelson. The meeting was opened with the flag salute.
3. APPROVAL OF AGENDA
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED
UNANIMOUSLY.
4. APPROVAL OF CONSENT AGENDA ITEMS
COUNCIL PRESIDENT JOHNSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL,
TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda
items approved are as follows:
Edmonds City Council Draft Minutes
July 26, 2016
Page 1
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4.1.a
1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF JULY 19, 2016
2. APPROVAL OF COUNCIL MEETING MINUTES OF JULY 19, 2016
3. APPROVAL OF CLAIM, PAYROLL AND BENEFIT DIRECT DEPOSIT, CHECKS AND
WIRE PAYMENTS.
4. LEASE AGREEMENT FOR ENVELOPE STUFFING MACHINE
5. AUTHORIZATION TO RELEASE THE SALVAGE OF UNIT 126-PRK TO
EVERGREEN ADJUSTMENT SERVICE
5. PRESENTATIONS/REPORTS
1. SNOHOMISH HEALTH DISTRICT'S PROPOSED PER CAPITA INVESTMENT
Economic Development/Community Services Director Patrick Doherty introduced Dr. Gary Goldbaum,
Health Officer and Director; Pete Mayer, Deputy Director & Chief Operating Officer; Heather Thomas,
Communications & Public Affairs Director; and Nancy Furness, Communicable Disease and Emergency
Preparedness Director, Snohomish Health District.
Ms. Furness relayed healthy years of life is Snohomish Health District's passion:
• Healthy people
• Healthy communities
• Healthy environments
She reviewed:
• Life expectancy in the 20th Century in the US in 1906:
o Women — 50.8 years
o Men — 46.9 years
• Top Public Health Achievements (1900- 1999)
o Vaccinations
o Safer workplace
o Safer and healthier food
o Motor vehicle safety
o Control of infectious diseases
o Decline in deaths from coronary heart disease and stroke
o Family planning
o Recognition of tobacco use as a health hazard
o Healthier mothers and babies
o Fluoridation of drinking water
Life expectancy in 21St Century in 2006:
o Women — 80.2 years
o Men — 75.1 years
21 st century issues:
o Emerging diseases
o Childhood obesity
o Marijuana and vaping
o Healthy housing
o Adverse childhood experiences and toxic stress
o Social determinants of health
o Opioid epidemic
Focus: Opioid Epidemic
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July 26, 2016
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4.1.a
o Today:
■ Supporting syringe exchange and access to Naloxone
■ Adopted a new secure medicine return ordinance
■ Building healthy resilient families
o Tomorrow
Prevention
- Healthy starts
- Trauma -informed care
- Curriculum in schools
- Social marketing
Response
- Notifiable condition follow-up
- Syringe exchange
- Needle clean-up
- Data evaluation
Treatment/Recovery
- Naloxone kit availability
- Increased access to treatment
- Group support/education
She described what the District is facing:
• The Snohomish Health District has had a 22% decrease in funding from 2005
• Spending of $22/resident
o The District ranks 34t" out of 35 among local public health agencies in Washington for per
capital funding
o National average is approximately $41/resident
• Since the "peak" in 2008, the District has eliminated 74 total FTE, a reduction of 34%
• Snohomish Health District has 143 employees
o Tacoma/Pierce County Health Department which has a comparable population has 220-230
employees
She displayed a graph of the District's projected deficit starting in 2018. She reviewed the District's
revenue sources, advising 65% of revenue is restricted or categorical:
License & permits
$
3,459,739
State and federal grants
$
3,851,103
State discretionary funds
$
3,433,291
County
$
2,653,200
Charges for services
$
2,192,297
Miscellaneous
$
202,340
Total
$15,791,970
She displayed a graph of revenues vs. expense trends, advising expenses are nearly the same as they were
20 years ago but revenues are at the lowest point. She relayed how cities and Snohomish County can help:
• If Edmonds contributed $2.00 for every resident in 2017, the District could help the City with:
o Trainings on trauma -informed approaches for Edmonds School District staff and families
o More proactive in nuisance properties and homeless camps
o Increased partnership in local planning and policy efforts
o Data and assessment
Ms. Furness displayed a graph of the impact the $2.00/capita investment would have on the District's
budget. She summarized this is a shared responsibility:
• State
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4.1.a
o Tobacco and marijuana prevention
o Promoting vaccines
o Safe drinking water
o Early intervention programs for infants
o Emergency preparedness
County
o Communicable disease surveillance and response
o Birth/death certificates
o Child care outreach
o Countywide policies
o School safety inspections
City
o Partnering with schools
o Nuisance properties
o Local policy assistance
o Community -level data
o Collaboration with non -profits and service organizations
Councilmember Mesaros inquired about the mix of revenues that the best funded health district in the
State receives. Mr. Mayer offered to get back to Council with that information. Jurisdictions funded at a
higher level typically receive a greater contribution from their local communities, either cities and county,
or have unique lines of business specific to their jurisdiction with a contracted revenue source. The
funding scheme between health districts is very diverse. Councilmember Mesaros suggested providing the
revenue sources for the top three health districts.
Councilmember Fraley-Monillas reported the Snohomish Health District is visiting all cities within
Snohomish County including unincorporated Snohomish County regarding the $2/capital funding request.
The Snohomish Health District is one of three health districts that are not funded through the county; for
example, King County Health District is funded by King County. Mr. Mayer said Seattle/King County
Health District is a unique city/county organization as is Tacoma/Pierce County. There are other multi -
county public health districts and some single county public health districts like Snohomish; there are a
variety of models of public health service delivery. Public health districts are focused on public health
services and activities but have no independent taxing authority similar to a library district or a parks
district.
Councilmember Fraley-Monillas said Snohomish, King and Pierce are the three biggest counties in the
State; King and Pierce are funded through the county along with other resources, a model the District is
investigating. A large deficit is looming and the District will be forced to cut services. She relayed the
dilemma of what to cut first, emergency response, healthy kids, etc. She relayed south Snohomish County
(Lynnwood, Edmonds, Mountlake Terrace, Mukilteo) has one of highest suicide rates in the county.
Councilmember Buckshnis asked how Verdant fits into the District's funding structure Mr. Mayer
responded Verdant which is part of the hospital district, collects property taxes in support of their
mission. Their mission is broad, typically focused on community health endeavors. Snohomish Health
District is uniquely positioned to collect and analyze data for important policy deliberations such as
suicide including options and strategies. Snohomish Health District does not receive any direct funding
from Verdant; grant requests to fund particular programs or activities have not been successful.
Councilmember Buckshnis found it surprising that Snohomish Health District did not receive any funding
from Verdant who collects taxes from Edmonds. She asked whether the District had considered an
interlocal with all the cities with funding based on size instead of requesting $2/capita. Mr. Mayer said the
board retreat looked at a variety of revenue options/strategies; one of the options considered was
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July 26, 2016
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membership fee akin to the Economic Alliance. That is something the board and staff would be interested
in considering.
Councilmember Buckshnis asked whether District will receive any funds from to Prop 1. Mr. Mayer
answered they will not receive any funding as it is currently proposed. If the ballot measure is successful,
the District could indirectly benefit as it would relieve pressure elsewhere that could be redirected toward
support for public health activities.
Councilmember Teitzel referred to the opioid epidemic, commenting Edmonds is not immune to kids and
adults involved in heroin and other similar drugs. With regard to curriculum in schools, he asked whether
Snohomish Health District would advocate for a program like DARE to address that issue. Mr. Mayer
said the DARE curriculum may not be the most pertinent or effective method today but perhaps
something similar whether a standalone program, classroom time or built into the existing physical
education/health curriculum. The Public Health Advisory Council, which includes the superintendent of
schools, has had preliminary discussions regarding how the curriculum could address those issues.
Having funding support to pursue that would be very important as well as working with the school
superintendents on how best to address the issue, likely incorporating it into existing curriculum.
Councilmember Teitzel commented addressing it at the high school level may be too late and suggested
middle or grade school. Mr. Mayer said the pharmaceutical stewardship program is finding that access to
addictive drugs occurs very early on; there needs to be awareness and education at very young age.
Council President Johnson referred to the shared responsibility between the state, county and cities.
Tonight the District is asking $2/capita to contribute to funding the District. She asked whether
Snohomish Health District was also asking for funding from the county and state. Mr. Mayer said the
District is seek $2/capita county wide, including from Snohomish County, in addition to dedicated
funding the District currently receives that supports communicable diseases. In addition, the District
receives $1.3 million in flexible funding from the state; the greatest need is funds not dedicated to specific
tasks or deliverables. That funding has remained flat and/or declined over time. He plans to make a
similar presentation to the Joint Select Committee on Healthcare tomorrow in Olympia about
modernizing the public health system and the legislature's responsible in funding local public health as
part of that shared responsibility.
Council President Johnson inquired whether the request for funding was for 2017 or 2018. Mr. Mayer
answered 2017. The District is already deficit spending this year and that is forecasted to continue unless
the District makes difficult decisions in advance of the 2017 budget. Council President Johnson asked
how funds would be allocated if, for example, some cities did not provide $2/capita but have problems
that are a countywide concern. She asked whether services would be based on need or contribution if
some cities opted in and some did not. Mr. Mayer agreed it was not an ideal approach. Public health
serves the needs of the community; their ability to provide specific support and focus on prevention in the
community would be greatly enhanced by these contributions. In the absence of the contribution, their
ability to do prevention work is severely hampered. The District knows an upstream focus will
significantly help downstream.
Councilmember Tibbott asked to what extent the Affordable Care Act (ACA) has increased or offset
expenses for the District and the impact it may have on public health needs in the future. Mr. Mayer
answered the jury is still out in terms of how the ACA will ultimately impact the role of public health
nationwide. Public health is repositioning itself and working to modernize itself, reinvesting in a number
of arenas partially in response to the ACA. One of the challenges is ACA shifts where money comes from
and what it supports. It is a highly dynamic environment that many hospitals are collaborating on,
combining their efforts, managing data and communication and safeguarding electronic medical records
to improve communication among providers to ultimately improve care. Public health is working hard to
define where they stand in light of ACA. It is significantly changing the funding formulas and priorities
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4.1.a
as well as creating new opportunities and partnerships, moving public health away from clinical one-on-
one services into population based, community based strategies, a significant shift for public health.
Councilmember Tibbott relayed his understanding there may be new opportunity for partnerships and
perhaps reduced costs. He explained cities are experiencing increased costs for health care for their
employees and those costs will be escalating once the Cadillac Tax is implemented. Cities are looking for
ways to stretch those dollars and one way may be utilizing primary care physicians at public clinics. He
encouraged the District to continuing working on partnerships. Verdant has done a tremendous job
increasing healthy options and there may be opportunity to offload some of the District's services to
Verdant.
Councilmember Fraley-Monillas explained Verdant only provides funds to cities from whom they collect
taxes; Snohomish County is quite large and Verdant's area is quite small. Verdant has discussed some
small things they may be able to help the District with in this area but Verdant is not the answer for the
rest of Snohomish County. With regard to opioid abuse, she explained one of the ways to reduce opioid
abuse is the drug take back program that was instituted in the last couple months. That program gives
people the opportunity to turn back medications they are not using. According to the drug task force and
many medical personnel in Snohomish County, one of the places opioid abuse starts is in the home and
then accelerates. She offered to discuss opioid abuse with Councilmembers offline. She supported
providing the District $70,000 which she recognized would be a decision made during the budget process.
The District provides a valuable service to Edmonds citizens and she knew the District had looked at
every possible avenue to avoid cutting services. The $2/capita contribution countywide will generate $2.5
million in 2017, enough to allow the District to continue providing the same services.
Councilmember Mesaros asked the number of hospital districts in Snohomish County. Mr. Mayer
answered there are three. Councilmember Mesaros acknowledged the hospital districts are restricted in
terms of the taxpayers in their district, but there may be opportunity for creativity there. He asked legally
who was responsible for the health district. Mr. Mayer advised there is a 15-member Board of Health who
is entrusted to enact laws and ensure the public's health overall. Board members are all elected officials,
appointed to the Board, 10 City Councilmembers and 5 County Councilmembers. Board members are
obligated by State law to appoint a health officer who then provides expertise to the Board of Health.
Mayor Earling clarified the requested amount would be $80,500. If the Council decides to participate, he
asked whether it was envisioned to be an annual agreement, 5-year or other term. That makes a big
difference because in the future that $80,500 could be a contribution to the District or cutting a job. Mr.
Mayer envisioned an annual agreement that would be evaluated during the cities' budget process although
they would be amenable to another term, recognizing some jurisdictions have a biannual budget. If the
Council decides to participate but at a lower amount, Mayor Earling assumed the District would accept a
lower amount. Mr. Mayer said they would accept whatever the Council could budget for that investment
in the community. Mayor Earling asked if the total of $2.5 million included the contribution from
unincorporated Snohomish County. Mr. Mayer said it did. Mayor Earling expressed frustration with the
declining funding spiral that began in 2007/2008 with decreased federal contributions along with state and
county contributions and the impact that has on cities. Everyone needs to be aware of that declining spiral
and try to make adjustments as needed.
Mr. Doherty advised no action is requested tonight. In addition to discussion during the budget process,
this could be scheduled for for additional discussion at a work meeting, a Health District representative
could attend to respond to questions. He invited Councilmember to forward him any questions and he
would seek responses from the District.
Council President Johnson asked whether the Council was interested in continuing this discussion at a
future date. She recalled there were several issues mentioned including homelessness, opioid use, and
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4.1.a
policy issues. Councilmember Mesaros was in favor of further discussion if the Council is considering
spending $80,000. Everyone can agree they want a vibrant and activity public health district in
Snohomish County; the debate is how to pay for it. To Council President Johnson's point, if half the cities
opted in and the other half did not, that could be an issue long term that will need to be considered and
resolved.
Councilmember Fraley-Monillas said the majority of Snohomish County cities have been contacted
regarding this contribution and there are commitments from some cities. She did not want Edmonds to
wait to see what other cities do; she wanted to move forward with supporting the District. She felt it
reasonable to provide a contribution a year at a time and see where the District is in 2018.
Council President Johnson thanked the District representatives for their presentation and discussion. The
Council is very interested in supporting the District; she will work with Mr. Doherty to schedule further
discussion.
6. AUDIENCE COMMENTS
There were no public comments.
7. PUBLIC HEARING
PUBLIC HEARING ON A CONCESSION AGREEMENT BETWEEN THE CITY OF
EDMONDS AND DEAN PARMENTERMOT DIGGITY DOG
City Clerk Scott Passey explained in 2006 the City Council adopted provisions in the code allowing for
concessions agreements for the lease of public right-of-way space. There is one space located on James
Street immediately east of the ferry holding lanes, adjacent to the SR-104 pocket park. This item is a
public hearing to consider the application submitted by Dean Parmenter/Hot Diggity Dog who proposes
to sell specialty hot dogs, chips, and drinks. A complete application has been submitted including
Snohomish Health Department approval and liability insurance. If the Council approves a concession
agreement, Hot Diggity Dog will be required to apply for and obtain a City business license. Concession
agreements are granted at the sole discretion of the City Council and are valid for one calendar year.
Councilmember Fraley-Monillas recalled two years ago dust and food particles from a vendor got into the
air system of the condominiums next to the park. She asked whether that had been considered. Mr. Passey
answered it is a simple hot dog cart; there are no exhaust or fumes so there is no risk of that type of
impact.
Councilmember Teitzel recalled the issue was particulates from a kettle corn stand; the risk from this
concession is not as great. Mr. Passey agreed, advising Mr. Parmenter could respond to those questions
during the public hearing.
Mayor Earling opened the public participation portion of the public hearing. Hearing no comment, Mayor
Earling closed the public participation portion of the hearing.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO APPROVE THE CONCESSION AGREEMENT BETWEEN THE CITY AND
HOT DIGGITY DOG. MOTION CARRIED UNANIMOUSLY.
8. ACTION ITEM
CLOSED RECORD REVIEW AND ACTION ON THE HEARING EXAMINER'S
RECOMMENDATION TO APPROVE A CONSOLIDATED APPLICATION FOR A
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4.1.a
CONDITIONAL USE PERMIT AND VARIANCE FOR THE DOWNTOWN PUBLIC
RESTROOM PROJECT (FILE NOS. PLN20160030 & PLN20160031)
Mayor Earling explained the purpose of this closed record hearing is for the City Council to consider the
recommendation of the Hearing Examiner on an application for a Conditional Use Permit (CUP) and
variance for the City's downtown public restroom project. The CUP and variance reviews are considered
Type III-B decisions. When public projects like this require variances, the Hearing Examiner holds a
public hearing and makes recommendations to the City Council. The Council holds a closed record
review of the project and makes the final decision. He opened the closed record hearing.
Mayor Earling explained parties of record would normally include the applicant and any person who
testified in 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. In this case the applicant
was the City, represented by Economic Development & Community Services Director Patrick Doherty.
Mike Clugston presented the staff report to the Hearing Examiner on behalf of the Development Services
Department. Other than Mr. Doherty and Mr. Clugston, no one else spoke during the open record public
hearing. Therefore, only those two are allowed to present tonight.
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. He asked whether any member of the
decision -making body had engaged in communication with opponents or proponents regarding the issues
in this matter outside the hearing process. Councilmembers Tibbott, Mesaros, Teitzel, Buckshnis, and
Fraley-Monillas said they had no outside communication with either party. Council President Johnson
said she had communicated with Mr. Doherty regarding the location and vegetation. Mayor Earling said
he has had discussions with staff.
Mayor Earling asked if any any member of the decision -making body had a conflict and believed he/she
could not hear and consider the application in a fair and objective manner. Councilmembers Fraley-
Monillas, Buckshnis, Teitzel, Mesaros, and Tibbott, Council President Johnson and Mayor Earling said
they had no conflict of interest and could hear it in a fair and objective manner. Mayor Earling asked if
any audience member objected any Councilmember's or his participation as a decision -maker in the
hearing. No objections were voiced.
Mayor Earling described the hearing procedures: five minutes for presentation of the staff report, five
minutes for the applicant's presentation followed by questions and answers. There are no other parties of
record.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS,
TO APPROVE THE PROCEDURE AS DESCRIBED. MOTION CARRIED UNANIMOUSLY.
Staff Presentation
Planner Mike Clugston said in addition to the building permit for the public restroom project, a CUP and
variance were also required. The Hearing Examiner held a public hearing on July 14, 2016 and issued a
decision on the CUP and variance which were consolidated at the hearing. The Hearing Examiner
approved both with two conditions:
1. The conditional use permit shall be personal to the City of Edmonds and is not transferable.
2. The proposal may not result in the loss of parking spaces to the extent that such reduction in
spaces would violate applicable parking standards.
With regard to the second condition, Mr. Clugston advised staff will review that with the building permit.
He recommended the Council adopt the Hearing Examiner's recommendation.
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4.1.a
Applicant
Economic Development & Community Services Director Patrick Doherty recalled the downtown
restroom was reviewed by an ad hoc design review committee consisting of members from the
Architectural Design Board, the BID and the Arts Commission. The proposal and design was also
reviewed by the City Council. The code works well for commercial, mixed use and multifamily buildings
downtown; however, it does not recognize public facilities like a restroom, making it impossible for this
type of building to meet the provisions in the code and requiring a CUP and variance. In order to allow
the project that the Council was involved in designing and has funded, the Council must approve the
variance and CUP.
Councilmember Buckshnis relayed the Hearing Examiner's conditions do not allow any loss of parking
spaces per applicable parking standards. She asked whether the parking standards would be met by the
reduction of 1-2 parking spaces. Mr. Clugston answered yes, and that will be verified by the building
permit.
Councilmember Teitzel referred to the schematic (page 135 of the packet), observing there is one disabled
parking space near the landscaped area near the north side by City Hall. He asked if there was only one
existing disabled parking stall. Mr. Clugston said that information is not in the hearing record.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS,
FOR APPROVAL.
City Attorney Jeff Taraday said there is not a need to prepare a resolution next week. If the Council is
prepared to adopt the findings and conclusions and conditions of approval as written in the Hearing
Examiner's decision, that can be done by motion and can be the Council's final decision. He can prepare
a resolution but in the interest of expediency, it may be faster if the Council simply moves to adopt.
Councilmember Buckshnis restated the motion with the agreement of the seconder:
TO ADOPT THE HEARING EXAMINER'S JULY 20, 2016 FINDINGS OF FACT,
CONCLUSIONS OF LAW AND RECOMMENDATIONS AS THE CITY COUNCIL'S DECISION
IN THIS MATTER AND TO APPROVE THE PROPOSAL SUBJECT TO THE TWO
CONDITIONS OF APPROVAL SET FORTH IN THE HEARING EXAMINER'S
RECOMMENDATIONS. MOTION CARRIED UNANIMOUSLY.
9. STUDY ITEMS
1. REFUNDING 2007 LIMITED TAX GENERAL OBLIGATION BONDS
Finance Director Scott James relayed this bond finance option could save the City up to $350,000. The
City issued limited tax general obligation (LTGO) bonds in 2007. Staff and the City's financial adviser
recommends they be refinanced. He introduced Scott Bauer, Northwest Municipal Advisors, the City's
financial adviser. Mr. Bauer reviewed the bond market:
• Interest rates continue at near -historical lows
• Displayed charts showing an index of well -rated, long-term interest rates 1990 to present and July
2013 to 2016
He reviewed the City's outstanding LTGO bonds:
• 2007 bonds
o $3.4 million outstanding
o $3.1 million can be refinanced
o Final maturity 2026
o Call date 2016
o Refinancing debt does not extend the maturity although that is an option
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• 2012 bonds
o Call date several years out
Mr. Bauer explained there are two ways to refinancing bonds:
• Bonds may be sold through an investment bank or through a private placement (bank loan)
• Bonds sold through an investment bank
o Typically have lower interest rates but higher issuance costs
o Require an official statement, bond rating, yearly disclosure
o Process takes 2 —3 months to complete
o Rates are not locked until the bonds are priced (toward end of process)
• Bonds sold through a private placement
o Typically has higher interest rates but lower issuance costs
o No official statement, bond rating, disclosure of annual audit
o Process takes 1 —1.5 months to complete
o Rates can be locked in 2-3 weeks
He described 2007 Bonds Refunding
• Limited Tax General Obligation Bonds, 2007
o $3,375,000 currently outstanding
■ $3,120,000 Callable (Maturities 2017 —2026)
■ Callable interest rates range from 3.65% to 3.95% (Average 3.87%)
o Final maturity December 1, 2026
o Call Date December 1, 2016
• Investment Bank
Estimated Refunding Current Market cl) +0.25%
Par Amount of Refunding $2,825,000 $2,830,000
Bonds:
All -in Interest Cost of
Refunding Bonds:
Nominal Savings:
Net Present Value
Savings:
Net Present Value Savings
1.92% 2.18%
$353,000 $302,000
$326,000 $278,000
10.5% 8.91%
(1) Based on estimated interest rates as of 7/26/2016
• Private Placement
Estimated Refunding Bank Est. +0.25%
Par Amount of Refunding $3,180,628 $3,180,628
Bonds:
All -in Interest
Refunding Bonds:
Nominal Savings:
Net Present
Cost of
Value
1.90%
$349,000
$323,000
Savings:
Net Present Value Savings 10.4%
(1) Based on indicative rate from a bank
Mr. Bauer described next steps:
• August 1 Issue a Request for Financing Proposals from Banks
• August 12 Receive and Evaluate Proposals
2.15%
$305,000
$276,000
8.84%
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• August 23 City Council Considers Adoption of Bond Ordinance
• September 6 Close on Refinancing Transaction
Mr. James referred to materials in the packet including an engagement letter with Northwest Municipal
Advisers for their financial advising services and an engagement letter for Foster Pepper for bond counsel
services. Staff requests staff confirm support and move forward with the bond refinancing via private
placement and begin the RFP process. Staff is also requesting Council confirm support for engaging
Northwest Municipal Advisors, and confirmation to engage Foster Pepper for bond counsel services in
2016.
Councilmember Buckshnis commented on the unknowns due to the political situation. For .1% difference
between private placement and investment bank, she asked why take the extra time for private placement.
Mr. Bauer advised the private placement takes the shortest amount of time.
Councilmember Teitzel said based on the low interest rates in the market and the net present value of
savings over the term, he did not see a downside to proceeding. He asked if there was a downside. Mr.
Bauer answered when a bond becomes callable, it is good housekeeping to refinance, assuming there are
enough savings. He did not see a downside.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT,
TO SUPPORT REFUNDING THE BONDS. MOTION CARRIED UNANIMOUSLY.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL,
TO CONFIRM SUPPORT FOR THE CITY TO ENGAGE WITH NORTHWEST MUNICIPAL
ADVISERS FOR THEIR FINANCIAL ADVISORY SERVICES AND THE LETTER OF
ENGAGEMENT. MOTION CARRIED UNANIMOUSLY.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL,
TO CONFIRM SUPPORT FOR THE CITY TO ENGAGE WITH FOSTER PEPPER FOR BOND
COUNSEL SERVICES TO DRAFT THE BOND REFUNDING DOCUMENT AS OUTLINED IN
THE ATTACHED FOSTER PEPPER AGREEMENT. MOTION CARRIED UNANIMOUSLY.
Mr. James said formal approval of the letters will be on the Consent Agenda.
2. RENEWAL OF INTERLOCAL AGREEMENT WITH SNOHOMISH REGIONAL DRUG
& GANG TASK FORCE 2016-2017
Assistant Police Chief Jim Lawless explained this Interlocal Agreement has been in place since 1988 and
requires an annual renewal for services.
Council President Johnson referred to the presentation from the Snohomish Health District which
included one of their programs, drug buy-back program. She understood there were fewer locations where
people can return medications. ACOP Lawless clarified it is a take -back program, a buy-back. There are
two different programs, one that the health district is discussing and another overseen with the assistance
of the Snohomish Regional Drug & Gang Task Force. A large box mounted to floor in the Police
Department lobby is a secure box for turning in medications. They are secured in the box, the Task Force
picks up at various locations and destroys them. Historically Edmonds' drop box has the second or third
highest use in Snohomish County. Council President Johnson said individual pharmacies do not have
drop boxes. ACOP Lawless agreed, that is being addressed by the Health District and legislative
assistance to put pressure on pharmaceuticals to be an active participant in these programs. Council
President Johnson commented this is an important issue for the community, especially with increased
opioid use.
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Councilmember Fraley-Monillas said the Health District passed an ordinance regarding the drug take
back program. A $0.02/prescription fee will fund the pick-up and disposal of the drugs. Most local
stores/pharmacies will have boxes; one of the reasons they discontinued that service was the cost.
COUNCIL MEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO
FORWARD THIS ITEM TO THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY.
3. RENEWAL OF INTERLOCAL AGREEMENT WITH EDMONDS SCHOOL DISTRICT
FOR POLICE COVERAGE AT ATHLETIC EVENTS
Assistant Police Chief Jim Lawless explained this is a semi-annual renewal of an agreement with the
Edmonds School District for providing off -duty police officers for security at events at Edmonds-
Woodway High School stadium. All costs are recovered from the District and there is no expense to the
City.
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO FORWARD THIS ITEM TO THE CONSENT AGENDA. MOTION CARRIED
UNANIMOUSLY.
4. ORDINANCE ADDING PUBLIC INDECENCY SECTIONS TO ECC 5.38 (OFFENSES
AGAINST PUBLIC MORALS)
Assistant Police Chief Jim Lawless explained over the years the City has received repeated complaints
about establishments within City, commonly referred to as bikini barista stands. A prominent one several
years ago is no longer in business; it was part of larger countywide investigation of a business owner who
had numerous locations and other activity was occurring. These situations are complaint -driven by
citizens; staff does not actively look for them. The proposed language in the ordinance is intended to
clarify and clean up antiquated language. Two ordinances somewhat address this situation, one related to
adult entertainment, a 17-page ordinance that was last updated in 1996. That ordinance addresses what is
considered traditional adult entertainment establishments and how to apply for such an establishment but
it did not anticipate that the behavior would carry over into coffee -stands. It was intended to address
activity that was contained, controlled, consenting adults and outside public view. The bikini baristas
have become a regional issue over the past 8-10 years.
ACOP Lawless explained the other ordinance that this proposal amends addresses offenses against public
morals and public indecency. That ordinance is also older and needed to be updated. Staff worked with
the City Attorney's office to incorporate language related to adult entertainment establishments and
further enhance the language related to public indecency. Lynnwood and Everett, who struggled with this
issue and were involved in larger investigations, have successful developed ordinance language that has
withstood judicial scrutiny related to first amendment issues and what can/cannot be regulated The
proposed language goes into detail regarding definitions of behavior and descriptors about state of
undress and what's considered nudity and improper behavior. Contrary to statements in the media that the
proposal is targeting a specific business, the proposed changes are in response to community concerns
regarding behavior citizens do not want in public view or have the potential for public view. The
proposed language also brings violations into the local municipal court; the previous language did not
allow violations to be cited in municipal court, requiring cases to be filed in South District Court.
Councilmember Buckshnis commented the ordinance was very well written. She referred to a bike event
in Ballard/Seattle that many find very offensive and asked how that would be handled if it came to
Edmonds. ACOP Lawless responded the language was not intended to address one specific thing or
business; it would address that event based on the definitions. Councilmember Buckshnis referred to
moral fabric, citing the difficult many people have with the marijuana store on Edmonds Way that is
actually located in Esperance. ACOP Lawless said the ordinance is cognizant of first amendment rights,
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right to privacy, and freedom of expression which is why there are exemptions for art such as live art or a
play with nudity. The Police Department is not trying to be the moral police and dictate what is
acceptable to them personally; the goal is to get a handle on what is acceptable in the open.
Councilmember Buckshnis agreed with regard to art, commenting some people in that bike event think it
is artistic freedom.
Councilmember Tibbott expressed appreciation to staff for working with other cities to develop the
language and the effort to make it defensible. He asked if the ordinance would cover the issue of body
paint. ACOP Lawless said common sense needs to come into play. By definition for someone to be totally
nude but painted, it would depend on the quality of the body paint and what is discernable which is why
the definitions of nudity and what qualifies under as nudity is so specific. Much of that language was
taken from Lynnwood's ordinance that was drafted several years ago in response to the same issues.
While the Police Department is proactive in its approach to crime, certain quality of life issues are
complaint driven. If someone calls to say something is offensive, staff will respond and if it meets the
parameters, gentle persuasion to get voluntary compliance is the first route; if that does not work, the
ordinance provides the basis for enforcement.
Councilmember Teitzel understood bikini barista stands have created the need for this language and
tightening the code. He asked whether there were enough complaints and indecent exposure in Edmonds
to warrant enacting this language if bikini barista stands did not exist. ACOP Lawless answered yes, staff
has been exploring this language for some time. Although complaints and issues have decreased, there are
still regular occurrences of people not taking into consideration their surroundings and location when
engaging in certain behaviors. He summarized the existing ordinance needed to be tightened up and
provide further clarity.
Councilmember Fraley-Monillas referred to 5.38.150.A., "Appears in a state of nudity in a public
place..." and the definition of nudity in C. Lb that includes "cleavage of the male or female buttocks."
Although that makes some sense, she used the high school as an example where young folks may a little
of their buttocks showing. She was also concerned with A.2, that makes it illegal to urinate anywhere
other than a restroom or other facility. If a homeless person who has no other place to go but the woods or
bushes, she asked whether urinating be illegal. ACOP Lawless answered no, another ordinance addresses
urination in public and what is in plain view while that person is engaged in that activity. For example, if
someone is standing next to tree with their back to the public, that would not, by definition, qualify as
violation of that ordinance. He reiterated common sense always comes into play and assured there are
certain activities this is meant to address. He assured everything in the ordinance is included for a reason.
As it relates to the high school, reasonableness and intent on the part of the person engaged in that activity
is always considered when any enforcement action is considered. A kid making a fashion statement in the
hall at the high school, it is up to the school to deal with that; the police will not be patrolling the high
school.
Councilmember Fraley-Monillas said she did not see that flexibility in the ordinance. ACOP Lawless
answered with a few exceptions where arrest is mandatory such as domestic violence, law enforcement
officers have discretion; there is an RCW that provides for officer discretion and quality officers make
those decisions.
Councilmember Fraley-Monillas said she agreed with most of the ordinance but questioned potential
clothing/attire determination. She understood officers will not be patrolling the high school looking for
violations, but interesting clothing may be seen near the near high school, at the Taste of Edmonds or the
Waterfront Festival. ACOP Lawless assured that as with most ordinances, enforcement is complaint
driven and the default is always voluntary compliance. If that does not work, a second attempt is made
and if that doesn't work, other action may be necessary to reach a resolution.
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Council President Johnson said this is related to establishing community standards for what is considered
indecent and what would be solicitation for indecency. She supported the proposed language.
COUNCIL PRESIDENT JOHNSON MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO FORWARD THIS ITEM TO THE CONSENT AGENDA.
Councilmember Teitzel referred to the sign code that was being amended to be more enforceable. He was
concerned parts of this code may not be enforceable, citing 5.38.150.C.1.d, "Human male genitals in a
discernibly turgid state, even if completely and opaquely covered." He questioned how that could be
enforced and suggested it be removed from the code. ACOP Lawless explained that sentence is specific to
certain situations that may be present in a bikini barista type situation and is intended to deal with not
only the individual working there but also the customer either during the interaction or after and is also
part of the exchange that sometimes takes place.
Councilmember Fraley-Monillas preferred to have this on the agenda next week rather than the Consent
Agenda because she plans to vote against the community standards part of the document. She was not
certain she wanted the officers policing morals related to behavior.
MOTION CARRIED (4-2), COUNCILMEMBER TEITZEL AND COUNCILMEMBER FRALEY-
MONILLAS VOTING NO.
Mayor Earling declared a brief recess.
5. DISCUSSION AND POTENTIAL ACTION ON ORDINANCE AMENDING THE SIGN
CODE
Planning Manager Rob Chave explained following last week's public hearing, the Council voted to use
the Planning Board's recommended ordinance as a basis for discussion and further amendment. Two
potential amendments were suggested by Councilmembers for staff to review:
1. State a preference that pedestrian signs to be located within two feet of the building face while
providing an exception process to handle situations where the better location might be at the curb.
• If Council wants to make that amendment, the location in the code and the language is
provided in the Council packet (page 211).
2. Allow temporary pedestrian signs for 60 days for "new" businesses. These signs could be located
off -site to provide enhanced visibility for the `new' business.
• If Council wants to consider that, staff prefers it be addressed during the legal review of code.
The existing sign code does not allow offsite commercial signage. If an exception is provided
specifically for new businesses only in downtown, it may raise a legal question with regard to
regulating commercial speech differently in different locations. There is uncertainty whether
the language could be construct in way that it would pass legal review.
Mr. Chave explained tonight is an opportunity for Council discussion with the intent to draft an ordinance
for approval on next week's Consent Agenda.
Regarding temporary signs for new businesses, Council President Johnson asked if that same argument
could be made with regard to allowing pedestrian sign downtown but not throughout the other
commercial districts in the City. Mr. Chave said regulations differ by commercial district. For example,
post signs are not allowed downtown. The tricky issue is related to the signage being offsite.
Council President Johnson recalled Councilmember Tibbott's question about whether the space on both
sides of a sandwich board sign was counted. She asked whether there was any other sign type where the
space on both sides was counted. Mr. Chave said for any two-sided sign, only the space on one side is
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counted; for example, blade signs, only the space on one side is counted. The reason is a person can only
see one side of a sign at a time and it does not affect the overall area of the sign that a person sees.
Council President Johnson commented two people could see the sign from different directions. Mr. Chave
said each person would see the same size sign.
Council President Johnson observed either the existing ordinance was unenforceable or everyone chose to
ignore it. She asked whether the new ordinance could make pedestrian signs temporary given the
regulations related to location, size, and height. Mr. Chave said that is more like the Planning Board's
Option 2 that would allow a temporary sign for 60 days. He said enforcement of a time period is difficult
unless the days are consecutive. The Planning Board reached the conclusion that that is not how
pedestrian signs are used and in their recommendation treated them more like permanent signs but adding
more restrictions, requiring the area of the sign to count against permanent signage, etc. He said those
restrictions will ultimately discourage that type of signage and point businesses to other sign types.
Council President Johnson said there is a case to be made for no pedestrian signs downtown; however, the
business community has stated their believe that they are helpful to businesses. Another option is the
existing code, but that has been disregarded, not enforced, and basically provides no controls. She
appreciated that the Planning Board had spent months reviewing every possible aspect of the sign code
but wondered if it could be improved by establishing a consecutive time period for displaying temporary
signs. Mr. Chave summarized Council President Johnson's suggestion, pedestrian signs as temporary with
a fixed period of time they could be displayed and said that would be a different ordinance, more like the
Planning Board's Option 2. Council President Johnson said it would only require changing a line, stating
pedestrian signs are temporary for a consecutive period of time such as 90 days. Mr. Chave said that was
an option the Planning Board considered.
Councilmember Tibbott proposed standardizing pedestrian signs, allowing a maximum width of 2.5 feet
and a maximum height of 3.5 feet not to exceed 6 square feet of signage. He acknowledged the 3.5-foot
height limit was already in the code but the maximum width was not. His research found most signs were
2 feet wide and 3 feet tall. Mr. Chave said if that was approved by Council, staff could identify the
appropriate location in the code. Councilmember Tibbott asked whether a 2.5-foot maximum width and a
3.5-foot maximum height would be helpful. Mr. Chave said most A -frame signs would fit within that
parameter.
COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO
AMEND THE PROPOSED ORDINANCE TO ADD A DESCRIPTION OF A -FRAME SIGNS
THAT THEY ARE NO WIDER THAN 2.5 FEET AND NO TALLER THAN 3.5 FEET.
Councilmember Teitzel raised a point of order whether amendments should be made this week or next.
Mr. Chave said amendments tonight would be helpful to staff as they could be included in the ordinance
next week. Council President Johnson suggested the Council have discussion, acknowledging it is
difficult to know the Council's consensus without motions. Councilmember Buckshnis recalled the
Council voted last week on a 4-2 vote to bring Option 3 forward. Council President Johnson clarified the
Council voted last week to have Option 3 as a basis for discussion but that did not preclude further
discussion.
Councilmember Tibbott asked whether it would be more appropriate to direct staff to include the
amendment in the ordinance for Council consideration next week. City Attorney Jeff Taraday said it
doesn't matter how the motion is phrased; he and staff welcome clear direction regarding where the
Council wants to go with the ordinance, for example the amendment Councilmember Tibbott offered.
Mayor Earling preferred Councilmembers suggest amendments and staff would prepare the amendment
and votes could be taken.
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Councilmember Fraley-Monillas expressed concern with allowing the maximum sign size. She was used
to the 2x3 foot A -frame signs in the downtown core. Mr. Chave said A -frame signs can be a maximum of
6 square feet; they are frequently 2 feet x 3 feet but some may differ. Councilmember Fraley-Monillas
said they are generally 2 feet wide by 3 feet tall. Mr. Chave referred to Councilmember Tibbott's email
stating he had measured A -frame signs and found they were generally 2 feet wide by 3 feet tall.
Councilmember Fraley-Monillas was concerned with allowing a larger sign in the downtown core. She
encouraged Council to retain the original recommendation, a maximum of 6 square feet. Mr. Chave said
he understood Councilmember Tibbott's amendment to retain the maximum of 6 square feet but not allow
it to be wider than 2.5 feet or higher than 3.5 feet.
Councilmember Tibbott suggested staff add the amendment he proposed to the ordinance in the
appropriate location for Council consideration and discussion next week. Councilmember Fraley-
Monillas asked if that was appropriate. Mr. Taraday expected that the Council would vote on amendments
so staff has clearer direction regarding which amendments are likely to remain in the ordinance; that
would not preclude the Council from making amendments next week.
Councilmember Mesaros said he will support the motion because if there are no parameters, a sign could
be 6 feet tall and 1 foot wide. Mr. Chave said the ordinance already contains a limitation of 3.5 feet high;
the amendment adds a maximum 2.5-foot width. Councilmember Mesaros said without the amendment, a
business could have a sign 6 feet wide and 1 foot high.
Council President Johnson asked if the intent was for size to apply only to A -frame signs. Councilmember
Tibbott answered yes.
Councilmember Buckshnis inquired about the Planning Board's recommended dimension. Mr. Chave
answered any pedestrian sign can be a maximum of 6 square feet and a maximum height of 3.5 feet for A -
frame signs and 4.5 feet for other pedestrian signs. Councilmember Buckshnis did not support the motion
as she preferred to stick with the Planning Board's recommendation.
MOTION CARRIED (4-2), COUNCILMEMBERS BUCKSHNIS AND FRALEY-MONILLAS
VOTING NO.
Councilmember Teitzel said the consultant, Makers, proposed A -frame signs be located within 10 feet of
the building entry and within 2 feet the of building; Makers did not recommend signs be placed next to
the curb.
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO AMEND 20.060.050.0 TO READ, "THE SIGN SHALL BE LOCATED WITHIN
10 FEET OF THE BUILDING ENTRY UNLESS IT IS PLACED IN A LOCATION THAT
BETTER PRESERVES PUBLIC PEDESTRIAN AND VEHICULAR ACCESS, AND MUST BE
PLACED WITHIN TWO FEET OF THE BUILDING. ANY DEVIATIONS FROM THIS STANDARD
MUST BE SUBMITTED TO THE ARCHITECTURAL DESIGN BOARD FOR REVIEW AND
APPROVAL PER 20.60.015(B)(1)."
Mr. Chave commented Architectural Design Board (ADB) review would difficult without criteria.
Councilmember Teitzel said the members of the ADB have an eye for design, clean design, and addresses
clutter. He believed with proper knowledge of the code, the ADB could determine whether a deviation
should be allowed. If there was a valid reason for a sign to be placed at the curb, the ADB could make
that determination; signs at the curb would be an exception rather than the rule. After listening to Ms.
Shippen's comments about visual pollution and clutter, Councilmember Teitzel said this amendment
would assist with reducing clutter in downtown Edmonds.
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Mr. Chave referred to the language staff proposed, "The preferred location is within two feet of the
building face, or within two feet of the curb if staff determines that the curb location will better preserve
pedestrian access." With that language, the sign needs to be within 2 feet of the building face and can
only be located at the curb if it better preserves pedestrian access. Staff s proposed language provides a
criterion and clearly stated preference. Councilmember Teitzel said he walked around downtown over the
last several days with this in mind; some businesses have sidewalk dining which in some cases may
preclude placing a sign near the building. However, those businesses could eliminate one table to create a
space for a sign next to the building. Similarly, other buildings have clothing racks which should not
preclude locating a sign next to the building. He saw very few instances where a sign could not be located
next to the building.
MOTION CARRIED (5-1), COUNCILMEMBER MESAROS VOTING NO.
COUNCIL PRESIDENT JOHNSON MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO ALLOW A -FRAME SIGNS FOR A LIMITED TIME AND SUGGESTED 90
CONSECUTIVE DAYS.
Council President Johnson said she took to heart what Ms. Shippen said about the City going from an
unenforced 60 day temporary signs to permanent 360 day allowed signs. That undermines the original
intent that Ms. Shippen raised, to reduce the amount of visual clutter and to improve the appearance of
downtown.
Councilmember Teitzel said while he is not a fan of A -frame, the downtown businesses made a strong
case that they rely on A -frame signs to create walk-up business. Over time, it may transition away from
that media toward technological ways of directing customers to businesses but for the time being,
businesses need A -frame signs to generate business. It is important to have a vibrant downtown; if the
businesses believe A -frame signs help them generate business and allow them to remain in businesses,
versus empty storefronts, the signs should be allowed to remain year-round with the exception they be
brought inside in the evening. The signs are temporary in that they are not on display 24 hours a day.
Councilmember Fraley-Monillas believed Edmonds has a vibrant downtown. She was willing to give the
proposal a try and see what it looks like, possibly revisiting it in 6 — 9 months to see if any issues have
arisen. She did not envision it would look any worse than it is today and she hoped having the signs closer
to the building, having a limit on the size, and allow for access on the sidewalks would improve the
current situation. The Council can make a change if it is not working or there are abuses to the A -frame
signs. She recognized policing and permitting the signs will be extra work for staff.
UPON ROLL CALL, MOTION FAILED (2-4), COUNCIL PRESIDENT JOHNSON AND
COUNCILMEMBER BUCKSHNIS VOTING YES; AND COUNCILMEMBERS FRALEY-
MONILLAS, MESAROS, TEITZEL AND TIBBOTT VOTING NO.
Mayor Earling advised staff will bring the amendments with the main motion next week.
6. RESOLUTION OF INTENT TO DESIGNATE WESTGATE MIXED USE ZONE
DISTRICT AS RESIDENTIAL TARGETED ZONE FOR IMPLEMENTATION OF
MULTI -FAMILY TAX EXEMPTION PROGRAM AND TO SCHEDULE PUBLIC
HEARING
Economic Development & Community Services Director Patrick Doherty provided the history of the
Multi -Family Tax Exemption (MFTE) program.
• 1995 — State Legislature created the MFTE program - RCW 84.14
• The purpose was to help spur redevelopment in lagging urban centers
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• Fulfill GMA goals to encourage in -fill development in existing urban centers, thereby reducing
sprawl and promoting "smart growth"
He described how MFTE works:
MFTE provides incentive to developers to invest in "residential targeted areas"
Residential targeted areas — mixed -use centers designated by cities in Comp Plans or Subarea
Plans to receive greater density of multifamily and commercial development
o Often called "urban villages" or "urban centers"
■ Walkable
■ Amenity -rich
■ Transit -supportive
■ Mixed -use areas
o Intended to accommodate future growth in housing and employment
o Designated by cities through Comp Plans or Subarea Plans per GMA
Mr. Doherty described barriers to development:
• Notwithstanding a city's plans, transformation to "urban village" can be fraught with challenges
• Challenges include:
o Competition from higher -rent locales (e.g., Seattle, Bellevue)
o Complications with urban redevelopment:
o Unwilling property sellers
o Need to aggregate multiple properties
o Existing long-term leases
o Environmental remediation
• These factors can stall transformation to planned -for mixed -use centers for decades!
He explained the MFTE program is one small tool to provide an incentive to developers and investors to
overcome these challenges and encourage development of multifamily and mixed -use projects. He
described program basics:
• MFTE Program is applicable to:
o Projects containing at least 4 dwelling units
o Exempts residential improvement value ONLY
o Nonresidential (commercial, e.g.) improvement value is NOT exempt
o Land value is NOT exempt
• State law provides two options:
0 8-year exemption period
0 12-year exemption period if the project includes at least 20% of units as affordable to rent or
buy to low- and moderate -income households (Low-income = 80% of AMI; moderate -
income = 115% of AMI)
• No increase in taxes to taxpayers
o Even though a project may be partially exempt from property tax, existing taxpayers see no
additional burden.
o Exempted taxes simply do not accrue during the exemption period
o Upon completion of the exemption period, the entire project is taxed and full tax revenue
accrues
To illustrate the program's reach, he identified cities near Edmonds that have implemented MFTE:
Seattle, Lynnwood, Everett, Kenmore, Shoreline, Marysville and Mountlake Terrace and statewide:
Spokane, Yakima, Bellevue, Renton, Kirkland, Burien, Bremerton, University Place, Puyallup, SeaTac,
Bellingham, Auburn, Olympia, Vancouver, Federal Way, Kent, Wenatchee, Walla Walla, Moses Lake,
Anacortes, Issaquah, Tukwila, Des Moines and Covington. In fact, because of the program's widespread
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application statewide, many developers have come to consider the MFTE program as a necessary tool to
help overcome the challenges of urban redevelopment in all but the highest -rent housing markets.
The resolution in the Council packet is the first step required by RCW 84.14 in considering
implementation of the MFTE Program at the local level. The Resolution of Intent does two things:
• Indicates City Council's intent to designate an area as "residential targeted area" where
implementation of the MFTE may occur
• Sets date, time and place of the required public hearing
Staff proposes that the Westgate Mixed -Use Zone District be considered for designation as a residential
targeted area. Pursuant to City Council's adoption of the Westgate Mixed -Use (WMU) Zone District in
April 2015, that district was designated a mixed -use center intended to become:
• Mixed -use
• Walkable
• Compact development
• Variety of housing
• Employment
• Goods and services
While residential development has been robust around the City, it is lagging in Westgate, likely due to the
challenges cited earlier. He displayed a map of the proposed residential targeted zone, the Westgate
Mixed -Use Zone District. He described the required steps:
• Per RCW 84.14, City Council must first pass the proposed Resolution of Intent and set the public
hearing for August 16, 2016
• After the public hearing the City Council may pass a Resolution designating the WMU Zone
District as the "residential targeted area"
• Then staff will return with the ordinance containing the code provisions to implement the
program
Mr. Doherty recommended the Council pass the Resolution of Intent to designate the Westgate Mixed -
Use Zone District as a residential targeted area and set a public hearing for 7 p.m., August 16, 2016.
Councilmember Buckshnis said she was ready to pass the resolution of intent tonight. She asked if the
resolution of intent should include the option; she preferred the 12-year exemption period. Mr. Doherty
reviewed the process: first the City Council indicates its intent to designate an area and holds a public
hearing. Following the public hearing, the Council designates the area where the program may be
implemented. Staff then returns with the program details and the options for Council discussion and
decision. Implementation is limited to the area the Council designates. Neither the first step, intent, nor
the second step, designation, implements the program. Pros and cons of the program would be discussed
when staff presents the program details.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL,
TO APPROVE A RESOLUTION OF THE CITY OF EDMONDS, WASHINGTON, NOTIFYING
THE PUBLIC OF ITS INTENT TO DESIGNATE THE WESTGATE MIXED -USE ZONE
DISTRICT AS A RESIDENTIAL TARGETED AREA FOR THE PURPOSE OF ESTABLISHING
A MULTIFAMILY TAX EXEMPTION PROGRAM AND SETTING A PUBLIC HEARING.
COUNCIL PRESIDENT JOHNSON MOVED, SECONDED BY COUNCILMEMBER MESAROS,
TO AMEND THE MOTION TO SET THE PUBLIC HEARING FOR AUGUST 16, 2016.
AMENDMENT CARRIED UNANIMOUSLY.
MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY.
Edmonds City Council Draft Minutes
July 26, 2016
Page 19
Packet Pg. 22
4.1.a
Councilmember Teitzel expressed his complete support for the MFTE program including a 12-year
exemption so that the project includes at least 20% of units affordable to low and moderate -income
households. He recognized prices are increasing in Edmonds and the region; without something like this,
there will not be affordable housing in Edmonds. He asked the annual cost to the City in tax revenue if a
developer constructed 100 residential units with the 12-year exemption. Mr. Doherty said it does not cost
anything; the City gets some of the increased taxes from a new project, but that project may not happen
without this incentive. Anecdotal comments from developers are that they think regionally and are
oriented toward developments in cities such as Seattle that can generate higher per square foot rates.
Edmonds and other cities face competition for development so there is a need for incentives. He
summarized the City does not lose any tax, it still collects the levy amount, just not the extra bump of a
full new project.
10. REPORTS ON OUTSIDE BOARD AND COMMITTEE MEETINGS
Councilmember Buckshnis reported the Tree Board is working on the Arbor Day planting near Shell
Creek. Rondi Nordal, Students Saving Salmon, did a great job with her presentation to WRIA 8 and
following her presentation, A NOAA representative offered her an internship.
Council President Johnson reported she attended a Long Range Financial Planning meeting, the Civic
Planning Advisory Committee meeting, the Mayor's picnic for employees and the Economic Alliance of
Snohomish County's tour of Everett as well as introduced a concert in the park on Sunday.
Councilmember Teitzel reported the Port of Edmonds completed a property line survey to determine their
property line relative to the Edmonds Marsh. The Port is considering a survey to determine the ordinary
high water mark. The Port has concerns with the Waterfront Festival due to congested parking and
complaints about marine tenants unable to reach their boats. The Port wants the Waterfront Festival to
have more of a waterfront feel with less amusement rides, beer garden and vendors and prefers a wooden
boat show, fishing derby at the pier and other activities that are waterfront oriented. A number of Harbor
Square leases are expiring; the Port plans to do a market rate analysis to determine if lease rates need to
be adjusted upward.
Councilmember Teitzel reported there were questions about the validity of the survey at the Civic Field
Advisory Committee. Attendees of the open house and online open house rated activities of high priority
to the City; P6tanque was rated the highest. The Historic Preservation Commission has assessed the
grandstands and the Boys & Girls Club building and determined neither rise to the level of local historic
designation. The Boys & Girls Club building was substantially remodeled in 1980 with pressboard siding,
new windows and a completely different entry. However, there is strong sentiment that the Boys & Girls
Club structure be saved for future generations.
Councilmember Mesaros said he reported on the June Public Facilities (PFD) Board meeting earlier this
month and that the City Council appointed two new PFD board members. Due to a change in the meeting
date, ACOP Lawless attended the SNOCOM meeting in his absence; SNOCOM is continuing its
discussions with SNOPAC regarding a merger opportunity. Members met with the consultant hired to
facilitate the process of a merger.
Councilmember Tibbott reported the Economic Development Commission discussed short and long term
priorities; he expected those to be presented to the Council soon. He reported the Snohomish County
Tomorrow meeting included a presentation by Lynnwood's Development Services Director regarding the
vision in their Comprehensive Plan. He found it interesting enough that it would be worthwhile to have a
similar presentation made to the Edmonds City Council for the purpose of learning what a neighboring
city is doing.
Edmonds City Council Draft Minutes
July 26, 2016
Page 20
Packet Pg. 23
4.1.a
11. MAYOR'S COMMENTS
Mayor Earling encouraged Councilmembers to attend the Edmonds Center (ECA) for the Art's loth
Anniversary celebration on Saturday, July 30. He noted the ECA has been an amazing transformation
over a long period of time and the facility is very successful. He was thankful the ECA was located in this
community.
Mayor Earling encouraged Councilmembers to attend the unveiling of the Green Resource Center
tomorrow at 1:00 p.m. on the second floor of City Hall. He recognized planning and engineering who
have spent countless hours designing and assembling it and staff members LaFave and Housler, two
highly skilled craftsmen, who constructed the improvements.
12. COUNCIL COMMENTS
Councilmember Mesaros encouraged Councilmembers to attend the 10`h Anniversary celebration at ECA.
A list of the activities is available on their website.
Councilmember Teitzel reported on the July 21 Walk Back in Time that included volunteers in period
costume, many of who are related to Civil War veterans buried at the cemetery. There are 20 Civil War
veterans buried in the cemetery, one of whom was present when General Lee surrendered at the
courthouse. He encouraged the public to learn more about Civil War veterans buried in Edmonds.
Council President Johnson relayed information from the Economic Alliance of Snohomish County
highlighting a woman owned small business in Edmonds, Sound and Sea Technology, that received a $15
million contract from the Naval Facilities Engineering Command Engineering and Expeditionary Warfare
Center to install an underwater cable system in support of the seismo-hydroacoustic data acquisition
system; the largest task order from the Navy that this company has been awarded.
Councilmember Buckshnis thanked Mayor Earling for the tribute at the beginning of the meeting. Living
off Olympic View Drive, she found it very sad and often sees drivers speeding. Something needs to be
done to prevent fatalities.
Councilmember Fraley-Monillas said she will be unable to attend the ECA's celebration as she will be in
Mt. Vernon with the Edmonds Special Olympics team at their baseball tournament. The Lynnwood City
Council invited her to attend their social service committee that included a discussion regarding
homelessness. The guest speaker, Chris Boyer, explained how Lynnwood went from having no services
for the homeless to building housing for homeless veterans. She has asked Council President Johnson to
invite Mr. Boyer to provide a brief presentation on how Lynnwood accomplished that with very little
money. She apologized for missing last week's meeting, explaining she was working in Las Vegas.
13. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION
PER RCW 42.30.110(1)(i)
This item was not needed.
14. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN
EXECUTIVE SESSION
This item was not needed.
15. ADJOURN
Edmonds City Council Draft Minutes
July 26, 2016
Page 21
Packet Pg. 24
4.1.a
With no further business, the Council meeting was adjourned at 9:49 p.m.
Edmonds City Council Draft Minutes
July 26, 2016
Page 22
Packet Pg. 25
El
a
4.2
City Council Agenda Item
Meeting Date: 08/2/2016
Claim for Damages
Staff Lead: Linda Hynd
Department: City Clerk's Office
Preparer: Linda Hynd
Background/History
NA
Staff Recommendation
Acknowledge receipt of Claim for Damages from Jayni Peters (undetermined) by minute entry.
Narrative
Jayni Peters
9133 184th Street SW
Edmonds, WA 98026
(Undetermined)
Attachments:
JP Claim for Damages
Packet Pg. 26
R9CE1V EP /f
4.2.a
JUL 2 2 21M
CITY OF EDMONDS
CLAIM FOR DAMAGES FOMOMS MY CLERK
Date Claim Form
Received by City
R.?
Please take note that �7i who currently resides at
`�ln��021, mailing address
home phone # 2LI % % ) work phone # and who resided at.
z 1L CJ CJw�_r_ at the time of the occurrence and whose date of birth is is claiming damages
against in the sum of $ arising out of the following circumstances listed below.
DATE OF OCCURRENCE: I' 0'y TIME: 4 -"06 Yi
LOCATION OF OCCURRENCE:
DESCRIPTION:
Describe theconduct aid circumstance that brought about the injury or damage. Also describe the injury or damage.
(attach an extra sheet for additional information, if needed)
2. Provide a list of, witnesses, if applicable, to the occurrence including names, addresses, and phone numbers.
3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair.
4. Have you submitted a claim for damages to your insurance company?
If so, please provide the name of the insurance company.
and the policy #:
Yes V No
* * ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY
License Plate #
i 3 Driver License # f 08
Type Auto: o-of
450
(ye r)
make] (model)
DRIVER:
OWNER.
Address:
Address:
Phone#: r%�
9 — ��itp _ Phone#:
Passengers:
Name:
Name:
Address:
Address:
Fonn Revised 05/06/14
Page 1 of 2
to
0
1a
M
L
0
E
M
U
Packet Pg. 27
4.2.a
* * NOTE: THIS FORM MUST BE SIGNED AND NOTARIZED * *
i,jawV1.1 P,, , being first duly sworn, depose and say that I am the claimant for the above
described; tat I have read the above claim, know the contents thereof and believe the sam"true. r acknowledge that any
information I provide as part of this claim may be considered a public record and may b rsuant to RCW 42.56.
x
x
Signature of Claimant(s)
State of Washington
County of 5N4alJll� /�
I certify that I know or have satisfactory evidence that y'a-5is the person who appeared before me, and said
person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and w
purposes mentioned 1
�ned in the instrument. ■`�������►4}Ifl
Da �.LK God ..1. j' illy M
� r
ors'�N
. �
-� N i
S i re -yl z •�� �' i E
toz—
Title 0 &L1C �= = U
My appointment expires: Qfi'"r,{8`20'�«�;
~" •�__��
11,1 �ASHINC'S .��
! 11111111Nt1t�
Please present the completed claim form to: City Clerk's Office
City of Edmonds
121 51h Avenue North
Edmonds, WA, 98020
8:00 a.m. to 4:30 p.m.
lA�d
tPrig, 2 f 2
Packet Pg. 28
4.2.a
/'ACTORY DIRECT TIRE SALE
k********** ** ****** *********
************
22617 76TH AVE IN
FACTORY DIRECT TIRE SALES
EDMONDS, WA 98026
(422)774-5131
22617 76TH AVENUE WEST
DATE
E DM ON D S, WA 98026
7— 2 3— 2 01
SALE
L31 1-800-822-2126 WWW.FACTORYDIRECTTIRE.COM
Store: 1001 Term: 0151
REF#: 00000008
SHOP
TAG:
Batch #: 481 RRN: 620522401642
HPHONE:206-789-6930
YR: MAKE:
07l23116 15:37:56
WPHONE :
MODEL:
Trans ID: 306205814767687
ZIP:
MILEAGE: •
CODE: 163472 Chip
kGER : CM PO NUMBER:
MOTOR:
VAPPAR
************3226 **1**
MAN U F:
V I N:
AMOUNT $321.00
DESCRIPTION QTY
PRICE DISC TC L
ZP VERDE 2755020 109H MO
APPROVED
1.00
300.00 0 3 0 C D
1D BALANCE
VISA DEBIT
1.00
20.00 0 2 C y 0
AID: A0000000031010
'EM STANDARD
m
TVR: 80 80 00 80 00
1.00
0.00 0 0 M D
TSF 68 00
IENTAL DISPOSAL CHARGE
THANK YOU
1.00
0.00 0 0 D
0
CUSTOMER COPY
1.00
1.00 0 1 D
I hereby authorize the above repair work to be done along with the necessary
material and hereby grant you and/or your employees permission to operate
the vehicle for the purposes of testing and inspection. An express mechanics
lien is hereby acknowledged on above vehicle to secure the amount of repairs thereto.
Signature X
RESTOCKING CHARGE MAY APPLY, NO RETURNS AFTER 30 DAYS, CREDIT ON HOOKS ONLY
Parts
30
Labor
2
Subtotal
32
Non Taxable
Exempt
----------------
Total
32
Charge
32
Packet Pg. 29
4.3
City Council Agenda Item
Meeting Date: 08/2/2016
Approval of claim checks.
Staff Lead: Scott James
Department: Administrative Services
Preparer: Nori Jacobson
Background/History
Approval of claim checks #221005 through #221116 dated July 28, 2016 for $909,499.10.
Staff Recommendation
Approval of claim checks.
Financial Impact
Claims $909,499.10
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 07-28-16
FrequentlyUsedProjNumbers 07-28-16
Packet Pg. 30
4.3.a
vchlist
07/28/2016 9:09:46AM
Bank code : usbank
Voucher Date Vendor
221005 7/28/2016 070322 A&A LANGUAGE SERVICES INC
Voucher List
City of Edmonds
Page: 1
Invoice
PO # Description/Account
Amoun
15-37955
INTERPRETER SERVICES
interpreter services - pub def
Y
001.000.23.512.50.41.01
161.6(
15-37991
INTERPRETER SERVICES
interpreter services
E
001.000.23.512.50.41.01
137.0,
15-38027
INTERPRETER SERVICES
interpreter services
o
001.000.23.512.50.41.01
137.0,
15-38092
INTERPRETER SERVICES
o
L
interpreter services - CR32802
a
Q.
001.000.23.512.50.41.01
150.8(
Q
15-38688
INTERPRETER SERVICES
M
interpreter services - 4Z0979783
N
001.000.23.512.50.41.01
177.0(
15-39996
INTERPRETER SERVICES
m
interpreter services
001.000.23.512.50.41.01
165.1(
N
15-40201
INTERPRETER SERVICES
c
interpreter services - 6Z0450971
N
001.000.23.512.50.41.01
144.5(
15-40224
INTERPRETER SERVICES
E
interpreter services- 6Z148664
001.000.23.512.50.41.01
147.0,
;
15-40707
INTERPRETER SERVICES - 6Z0554
m
interpreter services - 6Z0554049
E
001.000.23.512.50.41.01
177.0(
u
15-40744
INTERPRETER SERVICES
r
Q
interpreter services - 6Z0514250
001.000.23.512.50.41.01 174.5(
15-40966 INTERPRETER SERVICES
interpreter services - 6Z510050
001.000.23.512.50.41.01 156.4(
15-41097 INTERPRETER SERVICES
Page: 1
Packet Pg. 31
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
4.3.a
Page: 2
Bank code :
Voucher
usbank
Date
Vendor
Invoice PO #
Description/Account
Amoun
221005
7/28/2016
070322 A&A LANGUAGE SERVICES INC
(Continued)
interpreter services - 6Z0592386
001.000.23.512.50.41.01
153.5(
Total:
1,881.61
221006
7/28/2016
065052 AARD PEST CONTROL
371328
WWTP: 7/19/16 PEST CONTROL
Pest Control Service for 7/19/16
423.000.76.535.80.41.00
73.0(
9.8% Sales Tax
423.000.76.535.80.41.00
7.1 E
Total:
80.1 E
221007
7/28/2016
061029 ABSOLUTE GRAPHIX
716218
SPRING VOLLEYBALL SHIRTS WO1
SPRING VOLLEYBALL SHIRTS WO1
001.000.64.571.25.31.00
35.7E
9.8% Sales Tax
001.000.64.571.25.31.00
3.5(
Total:
39.2E
221008
7/28/2016
075197 AGREEMENT DYNAMICS INC
4781
COACHING SESSIONS
5 COACHING SESSIONS AND 1 ME
001.000.22.518.10.41.00
1,250.0(
Total:
1,250.0(
221009
7/28/2016
074473 AHERN, RACHEL
7/11-7/25 ATTENDANT
7/11-7/25/16 OUTDOOR VOLLEYBAI
7/11-7/25/16 OUTDOOR VOLLEYBAI
001.000.64.571.25.41.00
135.0(
Total:
135.0(
221010
7/28/2016
065568 ALLWATER INC
072216036
WWTP: 7/22/16 DRINKING WATER;
7/22/16 Water services (plus
423.000.76.535.80.31.00
16.3E
Total:
16.3E
221011
7/28/2016
064335 ANALYTICAL RESOURCES INC
BCW9
WWTP: QUARTERLY NPDES TESTI
NPDES testing
423.000.76.535.80.41.00
180.0(
Page: 2
Packet Pg. 32
vchlist
07/28/2016 9:09:46AM
Bank code : usbank
Voucher List
City of Edmonds
Voucher
Date
Vendor
Invoice
221011
221012
7/28/2016
7/28/2016
064335
069751
064335 ANALYTICAL RESOURCES INC (Continued)
ARAMARK UNIFORM SERVICES 1988699905
1988699906
1988704024
4.3.a
Page: 3
PO # Description/Account
Amoun
Total :
180.0(
WWTP: 7/22/16 UNIFORMS, TOWEL
vi
wwtp uniforms
423.000.76.535.80.24.00
5.1(
wwtp mats & towels
423.000.76.535.80.41.00
110.9E .
9.8% Sales Tax
f°
423.000.76.535.80.24.00
0.5( o
9.8% Sales Tax
@
423.000.76.535.80.41.00
10.8E p
PARKS MAINT UNIFORM SERVICE
a
PARKS MAINT UNIFORM SERVICE
Q-
Q
001.000.64.576.80.24.00
56.7:
PUBLIC WORKS OMC LOBBY MAT:
N
PUBLIC WORKS OMC LOBBY MATE
001.000.65.518.20.41.00
1.6'
PUBLIC WORKS OMC LOBBY MATE
111.000.68.542.90.41.00
6.1' N
PUBLIC WORKS OMC LOBBY MATE
c
421.000.74.534.80.41.00
6.1' N
PUBLIC WORKS OMC LOBBY MAT:
cYi
422.000.72.531.90.41.00
6.1' E
PUBLIC WORKS OMC LOBBY MAT:
423.000.75.535.80.41.00
6.1'
PUBLIC WORKS OMC LOBBY MAT:
511.000.77.548.68.41.00
6.0E E
9.8% Sales Tax
U
001.000.65.518.20.41.00
0.1( r
9.8% Sales Tax
Q
111.000.68.542.90.41.00
0.6(
9.8% Sales Tax
421.000.74.534.80.41.00
0.6(
9.8% Sales Tax
422.000.72.531.90.41.00
0.6(
Page: 3
Packet Pg. 33
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
4.3.a
Page: 4
Bank code :
Voucher
usbank
Date
Vendor
Invoice
PO # Description/Account
Amoun
221012
7/28/2016
069751 ARAMARK UNIFORM SERVICES
(Continued)
9.8% Sales Tax
_
423.000.75.535.80.41.00
0.6( 6
9.8% Sales Tax
511.000.77.548.68.41.00
a�
0.5�
1988704025
FLEET DIVISION UNIFORMS & MAT
E
FLEET DIVISION UNIFORMS
511.000.77.548.68.24.00
6.4( 6
FLEET DIVISION MATS
o
511.000.77.548.68.41.00
16.5:
9.8% Sales Tax
o
L
511.000.77.548.68.24.00
0.6z 0-
9.8% Sales Tax
Q
511.000.77.548.68.41.00
1.6' M
Total:
244X "
221013
7/28/2016
071124 ASSOCIATED PETROLEUM
0942971-IN
WWTP: CHV GRS & ULTRA -DUTY C
m
CHV GRS & ULTRA -DUTY GRS
423.000.76.535.80.48.00
80.9, N
9.8% Sales Tax
c
423.000.76.535.80.48.00
7.9< N
Total:
88.8.
E
221014
7/28/2016
070305 AUTOMATIC FUNDS TRANSFER
89083
OUT SOURCING OF UTILITY BILLS
c�
UB Outsourcing area #500 Printing
422.000.72.531.90.49.00
37.4( c
UB Outsourcing area #500 Printing
m
E
421.000.74.534.80.49.00
37.4� u
UB Outsourcing area #500 Printing
423.000.75.535.80.49.00
r
38.6, Q
UB Outsourcing area #500 Postage
421.000.74.534.80.42.00
135.0z
UB Outsourcing area #500 Postage
423.000.75.535.80.42.00
135.0:
9.6% Sales Tax
422.000.72.531.90.49.00
3.6(
Page: 4
Packet Pg. 34
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
4.3.a
Page: 5
Bank code :
usbank
Voucher
Date
Vendor
Invoice PO #
Description/Account
Amoun
221014
7/28/2016
070305 AUTOMATIC FUNDS TRANSFER
(Continued)
9.6% Sales Tax
421.000.74.534.80.49.00
3.6(
9.6% Sales Tax
423.000.75.535.80.49.00
3.7'
Tota I :
394.51
221015
7/28/2016
001801 AUTOMATIC WILBERT VAULT CO
44678
ROUGH BOX - ROZELLE
ROUGH BOX - ROZELLE
130.000.64.536.20.34.00
460.0(
Total:
460.0(
221016
7/28/2016
012005 BALL AND GILLESPIE POLYGRAPH
2O15-194
INV 2015-194 EDMONDS PD - BRU(
PRE -EMPLOY EXAM 7/21/16
001.000.41.521.10.41.00
225.0(
Freight
001.000.41.521.10.41.00
7.0(
Total:
232.0(
221017
7/28/2016
002100 BARNARD, EARL
2016-48
LEOFF1 MED REIMBURSMENT
DENTAL REIMBURSEMENT
617.000.51.517.20.23.00
157.0(
COINSURANCE REIMBURSEMENT
617.000.51.517.20.23.00
166.0(
Total:
323.0(
221018
7/28/2016
075217 BASLER, TONY
13979
INTERPRETER SERVICES
interpreter services - 6Z0437637
001.000.23.512.50.41.01
107.5 ,
Tota I :
107.5 ,
221019
7/28/2016
073834 BATTERIES PLUS
263-103067-01
WWTP: 3 LITHIUM BATTERIES
3 3V Lithium Batteries
423.000.76.535.80.31.00
26.9 1
9.8% Sales Tax
423.000.76.535.80.31.00
2.6z
Page: 5
Packet Pg. 35
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
4.3.a
Page: 6
Bank code :
Voucher
usbank
Date
Vendor
Invoice PO #
Description/Account
Amoun
221019
7/28/2016
073834 073834 BATTERIES PLUS
(Continued)
Total:
29.6'
221020
7/28/2016
069226 BHC CONSULTANTS LLC
7914
ESFE.SERVICES THRU 6/24/16
ESFE.Services thru 6/24/16
422.200.72.594.31.41.00
15,425.5'
7916
ESGA.SERVICES THRU 6/24/16
ESGA.Services thru 6/24/16
423.200.75.594.35.41.00
12,975.2,
7943
ESGB.SERVICES THRU 6/24/16
ESGB.Services thru 6/24/16
423.200.75.594.35.41.00
7,378.2(
7944
ESJB.SERVICES THRU 6/24/16
ESJB.Services thru 6/24/16
421.200.74.594.34.41.00
11,707.8�
Total:
47,486.8,
221021
7/28/2016
074307 BLUE STAR GAS
6339
FLEETAUTO PROPANE 476 GAL
Fleet Auto Propane 476 Gal
511.000.77.548.68.34.12
481.61
9372
FLEET AUTO PROPANE 707.2 GAL
Fleet Auto Propane 707.2 Gal
511.000.77.548.68.34.12
711.4(
Total:
1,193.1(
221022
7/28/2016
075706 BOND, PAMELA
21213 ETHNOBOTANY
21213 INTRO TO ETHNOBOTANY IN
21213 INTRO TO ETHNOBOTANY IN
001.000.64.571.22.41.00
64.0(
Total:
64.0(
221023
7/28/2016
067391 BRAT WEAR
19330
INV#19330 - EDMONDS PD - SWAR'
METAL NAME TAG SJ SWARTZ
001.000.41.521.22.24.00
14.9E
9.8% Sales Tax
001.000.41.521.22.24.00
1.4 ,
Total:
16.4,
221024
7/28/2016
072005 BROCKMANN, KERRY
20937 YOGA
20937 YOGA INSTRUCTION
Page: 6
Packet Pg. 36
vchlist
07/28/2016 9:09:46AM
Bank code : usbank
Voucher List
City of Edmonds
Voucher
Date Vendor
Invoice
PO # Description/Account
221024
7/28/2016 072005 BROCKMANN, KERRY
(Continued)
20937 YOGA INSTRUCTION
001.000.64.571.27.41.00
20943 YOGA
20943 YOGA INSTRUCTION
20943 YOGA INSTRUCTION
001.000.64.571.27.41.00
20946 YOGA
20946 YOGA INSTRUCTION
20946 YOGA INSTRUCTION
001.000.64.571.27.41.00
Total:
221025
7/28/2016 072571 BUILDERS EXCHANGE
1051140
E1CA.PUBLISH BID DOCS
E1CA.Publish Bid Docs
112.000.68.595.33.41.00
Total:
221026
7/28/2016 073029 CANON FINANCIAL SERVICES
16286973
COPIER -CONTRACT CHARGE HFP1
COPIER -CONTRACT CHARGE HFP1
001.000.62.524.10.45.00
16286974
COPIER -CONTRACT CHARGE HFP1
COPIER -CONTRACT CHARGE HFP1
001.000.62.524.10.45.00
16286975
P & REC PRINTER IRC10301F CONI
P & REC PRINTER IRC10301F CONI
001.000.64.571.21.45.00
16298434
FLEET COPIER -JULY
9.8% Sales Tax
511.000.77.548.68.45.00
Fleet Copier -July
511.000.77.548.68.45.00
16298435
PW ADMIN COPIER
PW Office Copier for July
001.000.65.518.20.45.00
PW Office Copier for July
111.000.68.542.90.45.00
PW Office Copier for July
4.3.a
Page: 7
Page: 7
Packet Pg. 37
vchlist
07/28/2016 9:09:46AM
Bank code : usbank
Voucher Date Vendor
221026 7/28/2016 073029 CANON FINANCIAL SERVICES
Voucher List
City of Edmonds
4.3.a
Page: 8
Invoice PO # Description/Account
Amoun
(Continued)
422.000.72.531.90.45.00
38.8E _
PW Office Copier for July
vi
421.000.74.534.80.45.00
27.4,
PW Office Copier for July
t
423.000.75.535.80.45.00
27.4. U
PW Office Copier for July
M
511.000.77.548.68.45.00
27.4' 6
9.8% Sales Tax
o
001.000.65.518.20.45.00
6.7, 5
9.8% Sales Tax
o
L
111.000.68.542.90.45.00
3.8' 0-
9.8% Sales Tax
Q
422.000.72.531.90.45.00
3.8' M
9.8% Sales Tax
�
421.000.74.534.80.45.00 2.6�
9.8% Sales Tax
m
423.000.75.535.80.45.00
2.6�
9.8% Sales Tax
N
511.000.77.548.68.45.00
2.6 0
16298436 WATER SEWER COPIER
N
Water Sewer Copier
421.000.74.534.80.45.00
70.6E .
Water Sewer Copier
423.000.75.535.80.45.00
70.6E
9.8% Sales Tax
421.000.74.534.80.45.00
6.9, E
9.8% Sales Tax
U
423.000.75.535.80.45.00
6.9, Q
16298437 PARKS MAINT PRINTER IRC10301F
PARKS MAINT PRINTER IRC10301F
001.000.64.576.80.45.00 36.2(
16298438 COPIER RENTAL FEE
copier rental fee
001.000.23.523.30.45.00 59.5,
Page: 8
Packet Pg. 38
vchlist
07/28/2016 9:09:46AM
Bank code : usbank
Voucher Date Vendor
221026 7/28/2016 073029 CANON FINANCIAL SERVICES
Voucher List
City of Edmonds
Invoice
(Continued)
16298441
16298443
221027 7/28/2016 075023 CAROLYN DOUGLAS COMMUNICATION 56
221028 7/28/2016 003510 CENTRAL WELDING SUPPLY LY 235974
221029 7/28/2016 003710 CHEVRON AND TEXACO BUSINESS 47971534
221030 7/28/2016 065682 CHS ENGINEERS LLC
451601-1606
PO # Description/Account
9.8% Sales Tax
001.000.23.523.30.45.00
PARKS & REC C5250 COPIER CON'
PARKS & REC C5250 COPIER CON'
001.000.64.571.21.45.00
WWTP: 7/1-7/31/16 MO CHG - CON-
7/1 - 7/31/2016 MO Chg for CONTR/
423.000.76.535.80.45.00
Total
COMMUNICATIONS/COMMUNITY O
Communications and community outr
001.000.61.557.20.41.00
Total
PM: CARBON DIOXIDE, GLOVES
PM: CARBON DIOXIDE, GLOVES
001.000.64.576.80.31.00
9.8% Sales Tax
001.000.64.576.80.31.00
Total
INV#47971534 ACCT#7898305185 I
FUEL FOR NARCS VEHICLE
104.000.41.521.21.32.00
CAR WASH FOR NARCS VEHICLE
104.000.41.521.21.32.00
TAX EXEMPT FILING FEE
104.000.41.521.21.32.00
Total
ESHA.SERVICES THRU JUNE 2016
ESHA.Services thru June 2016
423.100.76.594.39.41.10
Total
4.3.a
Page: 9
Page: 9
Packet Pg. 39
vchlist
07/28/2016 9:09:46AM
Bank code : usbank
Voucher Date Vendor
221031 7/28/2016 069457 CITY OF EDMONDS
221032 7/28/2016 004095 COASTWIDE LABS
221033 7/28/2016 069529 D & G BACKHOE INC
Voucher List
City of Edmonds
Invoice
BLD20160651
�e]�Jf��:1c'Ific1<7
N W 2894837
N W 2894837-1
E5JA.Pmt 1
221034 7/28/2016 006200 DAILY JOURNAL OF COMMERCE 3315044
221035 7/28/2016 064531 DINES, JEANNIE
16-3681
PO # Description/Account
PERMIT, PLAN REVIEW REFUND
REFUND -PERMIT, PLAN REVIEW
001.000.257.620
Total
PM: LINERS, ECOGREEN RLTWL
PM: LINERS, ECOGREEN RLTWL
001.000.64.576.80.31.00
9.8% Sales Tax
001.000.64.576.80.31.00
PM: SEAT COVERS, ENVY DISINF, I
PM: SEAT COVERS, ENVY DISINF, 1
001.000.64.576.80.31.00
9.8% Sales Tax
001.000.64.576.80.31.00
PM: DISNF CLEANER, LINERS
PM: DISNF CLEANER, LINERS
001.000.64.576.80.31.00
9.8% Sales Tax
001.000.64.576.80.31.00
Total
E5JA.PMT 1 THRU 6/30/16
E5JA.Pmt 1 thru 6/30/16
421.200.74.594.34.65.00
E5JA.Ret 1 thru 6/30/16
421.200.223.400
Total
E6DB.RFQ ADVERTISEMENT
E6DB.RFQ Advertisement
112.000.68.595.33.41.00
Total
CITY COUNCIL MINUTES 7/19/2016
07/19/2016 CITY COUNCIL MTG MIN
4.3.a
Page: 10
Amoun
4,812.0( Y
4,812.0(
t
E
2
1,053.8z U
0
103.2E
0
L
a
1,373.7� Q
134.6: N
m
213.7'
06
N
20.9z c
2,900.1$ Y
E
298,621.3'
c
-13,598.4, E
285,022.9'. u
a
r
Q
382.2(
382.2(
Page: 10
Packet Pg. 40
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
4.3.a
Page: 11
Bank code :
Voucher
usbank
Date
Vendor
Invoice
PO # Description/Account
Amoun
221035
7/28/2016
064531 DINES, JEANNIE
(Continued)
001.000.25.514.30.41.00
333.3(
Total:
333.3(
221036
7/28/2016
007253 DUNN LUMBER
4082702
PM: DECKING, WOOD
PM: DECKING, WOOD
001.000.64.576.80.31.00
824.1 <
9.8% Sales Tax
001.000.64.576.80.31.00
80.7 ,
Total:
904.9(
221037
7/28/2016
007675 EDMONDS AUTO PARTS
61590
WATER - FILTER FOR MOWER
Water - Filter for Mower
421.000.74.534.80.31.00
12.2E
9.8% Sales Tax
421.000.74.534.80.31.00
1.2(
Total:
13.4E
221038
7/28/2016
008705 EDMONDS WATER DIVISION
3-01808
LIFT STATION #11 6807 157TH PL S'
LIFT STATION #11 6807 157TH PL S'
423.000.75.535.80.47.10
41.1 ,
3-03575
CLUBHOUSE 6801 N MEADOWDAL
CLUBHOUSE 6801 N MEADOWDAL
001.000.66.518.30.47.00
302.4�
3-07490
HAINES WHARF PARK DRINKING F
HAINES WHARF PARK DRINKING F
001.000.64.576.80.47.00
83.8(
3-07525
LIFT STATION #12 16100 75TH AVE
LIFT STATION #12 16100 75TH AVE
423.000.75.535.80.47.10
44.7'
3-07709
LIFT STATION #15 7701 168TH ST S
LIFT STATION #15 7701 168TH ST S
423.000.75.535.80.47.10
44.7'
3-09350
LIFT STATION #4 8313 TALBOT RD i
LIFT STATION #4 8313 TALBOT RD i
423.000.75.535.80.47.10
83.8(
Page: 11
Packet Pg. 41
vchlist
07/28/2016 9:09:46AM
Bank code : usbank
Voucher Date Vendor
221038 7/28/2016 008705 EDMONDS WATER DIVISION
221039
221040
7/28/2016 075566 EHRBAR, PAMELA
Voucher List
City of Edmonds
Invoice
(Continued)
3-09800
3-29875
3-38565
BID-072616
7/28/2016 008812 ELECTRONIC BUSINESS MACHINES AR45236
AR45476
AR45808
AR45809
4.3.a
Page: 12
PO # Description/Account Amoun
LIFT STATION #10 17612 TALBOT R
LIFT STATION #10 17612 TALBOT R
vi
423.000.75.535.80.47.10
41.1 1
LIFT STATION #9 8001 SIERRA DR /
t
LIFT STATION #9 8001 SIERRA DR /
423.000.75.535.80.47.10
41.1
SPRINKLER FOR RHODIES 18410 c
SPRINKLER FOR RHODIES 18410 c
c
001.000.64.576.80.47.00
41.1
Total:
724.15 p
L
Q
ADMINISTRATIVE SERVICES 7/14-7
Q-
Q
BID administrative services for
140.000.61.558.70.41.00
555.0( N
Total :
555.0(
COPIER RENTAL PROBATION
probation --
001.000.23.523.30.45.00
N
5.7 1 r.-
9.8% Sales Tax
001.000.23.523.30.45.00
N
0.51
ACCT#MK5648 CONTRACT 2600-02
E
Maintenance for printers 05/21/16 -
c�
001.000.31.518.88.48.00
307.2(
9.8% Sales Tax
001.000.31.518.88.48.00
30.1'
FLEET COPY USE
Fleet Copy Use
r
511.000.77.548.68.31.10
4.7E Q
9.8% Sales Tax
511.000.77.548.68.31.10
0.41
WATER SEWER COPY USE
Water Sewer Copy Use
421.000.74.534.80.31.00
19.4(
Water Sewer Copy Use
Page: 12
Packet Pg. 42
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
Bank code : usbank
Voucher Date Vendor Invoice
221040 7/28/2016 008812 ELECTRONIC BUSINESS MACHINES (Continued)
AR45810
221041 7/28/2016 047407 EMPLOYMENT SECURITY DEPT 312 000 093
PO # Description/Account
423.000.75.535.80.31.00
9.8% Sales Tax
421.000.74.534.80.31.00
9.8% Sales Tax
423.000.75.535.80.31.00
PW COPY USE
PW Copy Use
001.000.65.518.20.31.00
PW Copy Use
111.000.68.542.90.31.00
PW Copy Use
422.000.72.531.90.31.00
PW Copy Use
421.000.74.534.80.31.00
PW Copy Use
423.000.75.535.80.31.00
PW Copy Use
511.000.77.548.68.31.10
9.8% Sales Tax
001.000.65.518.20.31.00
9.8% Sales Tax
111.000.68.542.90.31.00
9.8% Sales Tax
422.000.72.531.90.31.00
9.8% Sales Tax
421.000.74.534.80.31.00
9.8% Sales Tax
423.000.75.535.80.31.00
9.8% Sales Tax
511.000.77.548.68.31.10
ES REF # 94513310 7
Q2-16 Unemployment Claims
Total
4.3.a
Page: 13
Amoun
19.4:
15.0< Q
M
10.6' "
10.6' w
ao
10.6, N
r-
0
2.6( Y
1.7< .E
ca
1.7<
c
m
0.8- E
U
M
0.8 0 Q
0.8
488.6$
Page: 13
Packet Pg. 43
vchlist
07/28/2016 9:09:46AM
Bank code : usbank
Voucher List
City of Edmonds
Voucher Date Vendor Invoice PO # Description/Account
221041 7/28/2016 047407 EMPLOYMENT SECURITY DEPT (Continued)
001.000.39.517.78.23.00
Q2-16 Unemployment Claims
422.000.72.531.90.23.10
Total
221042 7/28/2016 009350 EVERETT DAILY HERALD EDH692309
ESGA.INVITE TO BID
ESGA.Invite to Bid
423.200.75.594.35.41.00
EDH693099
ESGA.SEPAADVERTISEMENT
ESGA.SEPA Advertisement
423.200.75.594.35.41.00
EDH706925
E6DB.RFQ ADVERTISEMENT
E6DB.RFQ Advertisement
112.000.68.595.33.41.00
EDH710221
CITY APPLICATIONS
LEGAL ADS
001.000.62.558.60.41.40
EDH711262
CITY ORDINANCES 4038
CITY ORDINANCE NO. 4038
001.000.25.514.30.41.40
EDH711474
CITY NOTICES PUBLIC HEARING
CITY NOTICES -
001.000.25.514.30.41.40
Total
221043 7/28/2016 066378 FASTENAL COMPANY WAMOU40590
PM: 1 OZGRYGLOSSINTPNT, BIT
PM: 1OZGRYGLOSSINTPNT, BIT
001.000.64.576.80.31.00
9.8% Sales Tax
001.000.64.576.80.31.00
WAMOU40619
PM: WELD MAGNETS, 1/4-20, S/S F
PM: WELD MAGNETS, 1/4-20, S/S F
001.000.64.576.80.31.00
9.8% Sales Tax
001.000.64.576.80.31.00
4.3.a
Page: 14
Page: 14
Packet Pg. 44
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
4.3.a
Page: 15
Bank code :
Voucher
usbank
Date
Vendor
Invoice PO #
Description/Account
Amoun
221043
7/28/2016
066378 066378 FASTENAL COMPANY
(Continued)
Total:
232.81
221044
7/28/2016
065427 FCS GROUP
2509-21607108
E6JA.SERVICES THRU 7/15/16
vi
E6JA.Services thru 7/15/16
Y
421.000.74.534.80.41.00
1,296.6(
E6JA.Services thru 7/15/16
422.000.72.531.90.41.00
1,296.61 .E
E6JA.Services thru 7/15/16
423.000.75.535.80.41.00
1,296.E c
Total:
3,890.0(
221045
7/28/2016
009880 FEDEX
5-467-19566
COURIER FOR STORMWATER PLAI
a
Courier for Stormwater Plan Review
Q-
Q
001.000.67.518.21.49.00
28.1'
Total:
28.1' N
le
221046
7/28/2016
011900 FRONTIER
253-007-4989
SEAVIEW RESERVOIR TELEMETR)
SEAVIEW RESERVOIR TELEMETR)
CO
421.000.74.534.80.42.00
30.9E ao
253-012-9166
TELEMETRY CIRCUIT LINES
N
r—
TELEMETRY CIRCUIT LINES
421.000.74.534.80.42.00
161.7 0
TELEMETRY CIRCUIT LINES
E
423.000.75.535.80.42.00
300.4z
253-014-8062
TELEMETRY CIRCUIT LINE
TELEMETRY CIRCUIT LINE
421.000.74.534.80.42.00
19.7(
TELEMETRY CIRCUIT LINE
t
423.000.75.535.80.42.00
36.7(
253-017-4360
TELEMETRY CIRCUIT LINE
r
Q
TELEMETRY CIRCUIT LINE
421.000.74.534.80.42.00
46.7 ,
TELEMETRY CIRCUIT LINE
423.000.75.535.80.42.00
86.8:
425-712-8347
CIVIC CENTER ELEVATOR PHONE
CIVIC CENTER ELEVATOR PHONE
Page: 15
Packet Pg. 45
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
4.3.a
Page: 16
Bank code :
Voucher
usbank
Date
Vendor
Invoice PO #
Description/Account
Amoun
221046
7/28/2016
011900 FRONTIER
(Continued)
001.000.66.518.30.42.00
68.3<
425-771-0158
FIRE STATION #16 ALARM AND FA}
FIRE STATION #16 ALARM AND FA}
001.000.66.518.30.42.00
131.5(
425-776-3896
FRANCES ANDERSON CENTER AL,
FRANCESANDERSON CENTER FIF
001.000.66.518.30.42.00
131.5(
Total:
1,014.51,
221047
7/28/2016
075163 GARCIA-GARCIA, CESAR
13459
INTERPRETER SERVICES
interpreter services - 6Z0031050
001.000.23.512.50.41.00
105.3,
13691
INTERPRETER SERVICES
interpreter services - CR16971
001.000.23.512.50.41.01
105.3,
Total:
210.61
221048
7/28/2016
075707 GOODING, BRIANNE
7/18 REFUND DEPOSIT
7/18/16 REFUND DAMAGE DEPOSI-
7/18/16 REFUND DAMAGE DEPOSI'
001.000.239.200
100.0(
Total:
100.0(
221049
7/28/2016
012560 HACH COMPANY
10017652
WATER QUALITY - CHLORINE SET:
Water Quality - Chlorine Sets
421.000.74.534.80.31.00
613.8(
Freight
421.000.74.534.80.31.00
41.61
9.8% Sales Tax
421.000.74.534.80.31.00
64.2E
Total:
719.7,
221050
7/28/2016
010900 HD FOWLER CO INC
C390476
WATER - RETURN
Water - Return
421.000.74.534.80.31.00
-50.0E
9.8% Sales Tax
Page: 16
Packet Pg. 46
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
4.3.a
Page: 17
Bank code :
Voucher
usbank
Date
Vendor
Invoice PO #
Description/Account
Amoun
221050
7/28/2016
010900 HD FOWLER CO INC
(Continued)
421.000.74.534.80.31.00
-4.9' _
14253352
WATER INVENTORY - #0334 W-PIF
vi
Water Inventory - #0334 W-PIPECO-
421.000.74.534.80.34.20
2,275.2( t
Water Meter Boxs, Valve Box Bases,
421.000.74.534.80.31.00
3,521.3( •@
9.8% Sales Tax
U
421.000.74.534.80.31.00
345.0( o
9.8% Sales Tax
421.000.74.534.80.34.20
222.9 1 o
14267369
WATER - METER BOXES
L
a
Water - Meter Boxes
Q
421.000.74.534.80.31.00
2,967.3( M
9.8% Sales Tax
�
421.000.74.534.80.31.00
290.7t =
Total:
9,567.61 w
221051
7/28/2016
072647 HERRERA ENVIRONMENTAL
38821
STORMWATER PLAN REVIEW SUP
00
N
Stormwater Plan Review Support
rz.
0
001.000.67.518.21.41.00
2,770.5( N
Total:
2,770.5( V
E
221052
7/28/2016
074966 HIATT, ELLEN
COE-2016-0722
TOURISM COMMUNICATIONS & MA
c�
Tourism communications & marketing
120.000.31.575.42.41.00
1,500.0( c
Total:
1,500.0( E
t
221053
7/28/2016
067862 HOME DEPOT CREDIT SERVICES
0023681
PM: FILLINGS FOR 911 IRRIGATION
U
PM: FILLINGS FOR 911 IRRIGATION
r
Q
001.000.64.576.80.31.00
7.6(
0024979
PM: LATCH & CARRY, GLOVES, EAI
PM: LATCH & CARRY, GLOVES, EAI
001.000.64.576.80.31.00
137.2(
1022144
CEMETERY: PARTS FOR CEMETEF
CEMETERY: PARTS FOR CEMETEF
Page: 17
Packet Pg. 47
vchlist
07/28/2016 9:09:46AM
Bank code : usbank
Voucher Date Vendor
221053 7/28/2016 067862 HOME DEPOT CREDIT SERVICES
221054 7/28/2016 075576 IAN MCFERON BAND LLC
Voucher List
City of Edmonds
4.3.a
Page: 18
Invoice PO # Description/Account Amoun
(Continued)
130.000.64.536.50.31.00
3.8z
_
1083595
CEMETERY: CABLE TIES
0
CEMETERY: CABLE TIES
130.000.64.536.50.31.00
26.7E
t
2024682
PM: ADHESIVE, LUBE, FLEXISPOU'
E
PM: ADHESIVE, LUBE, FLEXISPOU-
001.000.64.576.80.31.00
39.0<
6
2594049
PM: EHC, BULBS, SQUEEGEE, HAN
p
PM: EHC, BULBS, SQUEEGEE, HAN
001.000.64.576.80.31.00
184.5,
p
3021782
PM: PVC CAP FOR FAC BALLFIELD
a
PM: PVC CAP FOR FAC BALLFIELD
Q'
Q
001.000.64.576.80.31.00
2.1 E
4053385
PM: SPRAY PARK DRAIN CLEANING
N
PM: SPRAY PARK DRAIN CLEANING
001.000.64.576.80.31.00
45.7z
5020180
PM: WOVEN ROLL, GLOVES, SOCK
PM: WOVEN ROLL, GLOVES, SOCK
N
001.000.64.576.80.31.00
288.7E
c
5084590
PM: SAW, PRUNER, LOPPER
Y
PM: SAW, PRUNER, LOPPER
001.000.64.576.80.31.00
189.1 E
E
5586961
PM: SPRAY BOTTLE, WINDEX, HED
f°
PM: SPRAY BOTTLE, WINDEX, HED
001.000.64.576.80.31.00
65.6E
y
7082638
PM: BRUSH, MENDING PLATE, BRA
E
PM: BRUSH, MENDING PLATE, BRA
t
001.000.64.576.80.31.00
173.7,
r
9573308
PM: YOST SEALANT, PLIERS, PIPE
Q
PM: YOST SEALANT, PLIERS, PIPE
001.000.64.576.80.31.00
58.0�
Total:
1,222.3,
7/24 PARK CONCERT
7/24/16 PARK CONCERT IAN MCFEI
7/24/16 PARK CONCERT IAN MCFEI
Page: 18
Packet Pg. 48
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
4.3.a
Page: 19
Bank code :
usbank
Voucher
Date
Vendor
Invoice
PO # Description/Account
Amoun
221054
7/28/2016
075576 IAN MCFERON BAND LLC
(Continued)
117.100.64.573.20.41.00
500.0(
Total:
500.0(
221055
7/28/2016
073548 INDOFF INCORPORATED
2824049
OFFICE SUPPLIES -STAMP
OFFICE SUPPLIES -STAMP
001.000.62.524.10.31.00
61.4z
2827159
COPY PAPER
Copy paper - 6 cases
001.000.31.514.23.31.00
227.9z
9.8% Sales Tax
001.000.31.514.23.31.00
22.3z
2827247
AAA BATTERIES
AAA Batteries - 4 pk
001.000.31.514.23.31.00
&Z
9.8% Sales Tax
001.000.31.514.23.31.00
0.8'
2827749
OFFICE SUPPLIES
OFFICE SUPPLIES
001.000.62.524.10.31.00
219.9:
2828163
OFFICE CHAIR FOR CITY CLERKS
SIT ON IT SEAT FABRICK IS MOME1
001.000.25.514.30.35.00
454.0(
9.8% Sales Tax
001.000.25.514.30.35.00
44.4�
Total:
1,039.21
221056
7/28/2016
075661 JANET MAPLES DESIGN /IZZY GIRL
BID-07312016
BID SOCIAL MEDIA SERVICES FOR
BID Social Media services for
140.000.61.558.70.41.00
510.0(
Total:
510.0(
221057
7/28/2016
015270 JCI JONES CHEMICALS INC
694801
WWTP: HYPOCHLORITE SOLUTIOP
HYPOCHLORITE SOLUTION & WA 1
423.000.76.535.80.31.53
3,875.2z
Page: 19
Packet Pg. 49
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
4.3.a
Page: 20
Bank code :
usbank
Voucher
Date
Vendor
Invoice PO #
Description/Account
Amoun
221057
7/28/2016
015270 015270 JCI JONES CHEMICALS INC
(Continued)
Total:
3,875.21
221058
7/28/2016
075356 JENNIFER ZIEGLER PUBLIC
013
STATE LOBBYIST JULY 2016
State lobbyist July 2016
001.000.61.557.20.41.00
3,358.0(
Total:
3,358.0(
221059
7/28/2016
075265 KBA INC
3002871
E7AC.SERVICES THRU 6/30/16
E7AC.Services thru 6/30/16
112.000.68.595.33.41.00
3,129.0E
Total:
3,129.01
221060
7/28/2016
067568 KPG INC
52916
E6AA.SERVICES THRU 5/25/16
E6AA.Services thru 5/25/16
112.000.68.595.33.41.00
8.382.5(
221061 7/28/2016 069343 KRAZAN & ASSOCIATES INC
221062 7/28/2016 066522 LAKESIDE INDUSTRIES INC
221063 7/28/2016 018980 LYNNWOOD HONDA
Total ;
1607642-1283
E4MB.TO 16-01.SERVICES THRU J(
E4MB.TO 16-01.Services thru June 2
016.000.66.518.30.41.00
Total
3262454MB
WATER - EZ ST ASPHALT
Water - EZ St Asphalt
421.000.74.534.80.31.00
9.5% Sales Tax
421.000.74.534.80.31.00
Total
960156
UNIT 62 - SPO MOTORS
Unit 62 - SPO Motors
511.000.77.548.68.31.10
9.8% Sales Tax
511.000.77.548.68.31.10
962407
PM: PLATE, COLLARS
PM: PLATE, COLLARS
001.000.64.576.80.31.00
Page: 20
Packet Pg. 50
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
4.3.a
Page: 21
Bank code :
Voucher
usbank
Date
Vendor
Invoice
PO # Description/Account
Amoun
221063
7/28/2016
018980 LYNNWOOD HONDA
(Continued)
9.8% Sales Tax
001.000.64.576.80.31.00
3.8(
Total:
464.0 ,
221064
7/28/2016
074263 LYNNWOOD WINSUPPLY CO
013803 00
PM: ELEC VALVE, UNIN
PM: ELEC VALVE, UNIN
001.000.64.576.80.31.00
257.3�
9.8% Sales Tax
001.000.64.576.80.31.00
25.2,
013938 00
PM: GATE VLV
PM: GATE VLV
001.000.64.576.80.31.00
32.8(
9.8% Sales Tax
001.000.64.576.80.31.00
3.2'
Total:
318.6;
221065
7/28/2016
020039 MCMASTER-CARR SUPPLY CO
71022713
WWTP: GREASE GUN
Pistol -Grip Grease Gun 12" Long
423.000.76.535.80.31.00
23.7E
Freight
423.000.76.535.80.31.00
7.4(
71037098
WWTP: SHELF CABINET
plastic shelf cabinet 36" X 37" X 18"
423.000.76.535.80.31.00
138.5,
Freight
423.000.76.535.80.31.00
24.3:
Total :
194.0.
221066
7/28/2016
063773 MICROFLEX
00022384
06-16 TAX AUDIT PROGRAM
TAX AUDIT PROGRAM
001.000.31.514.23.41.00
30.0(
Total:
30.0(
221067
7/28/2016
072151 MLA ENGINEERING PLLC
2888
GRAND STANDS - PROJECT
Grand Stands - Project
Page: 21
Packet Pg. 51
vchlist
07/28/2016 9:09:46AM
Bank code : usbank
Voucher Date Vendor
221067 7/28/2016 072151 MLA ENGINEERING PLLC
221068 7/28/2016 075590 MOBILEGUARD INC
Voucher List
City of Edmonds
Invoice PO # Description/Account
(Continued)
001.000.66.518.30.41.00
Total:
09727 06-16 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
NetGuard Monthly Service Human Re
001.000.22.518.10.42.00
NetGuard Monthly Service Informatioi
001.000.31.518.88.42.00
NetGuard Monthly Service Mayor's O
001.000.21.513.10.42.00
NetGuard Monthly Service Parks
001.000.64.576.80.42.00
NetGuard Monthly Service Police
001.000.41.521.22.42.00
NetGuard Monthly Service PW Water
421.000.74.534.80.42.00
NetGuard Monthly Service PW Water
421.000.74.534.80.42.00
4.3.a
Page: 22
Page: 22
Packet Pg. 52
vchlist
07/28/2016 9:09:46AM
Bank code : usbank
Voucher Date Vendor
221068 7/28/2016 075590 MOBILEGUARD INC
221069 7/28/2016 064570 NATIONAL SAFETY INC
Voucher List
City of Edmonds
4.3.a
Page: 23
Invoice PO # Description/Account Amoun
(Continued)
NetGuard Monthly Service PW Water
423.000.75.535.80.42.00
6.0( Y
NetGuard Monthly Service PW Sewei
423.000.75.535.80.42.00
30.0(
NetGuard Monthly Service PW Storm
U
E
422.000.72.531.90.42.00
6.0(
NetGuard Monthly Service PW Street
111.000.68.542.90.42.00
18.0( o
NetGuard Monthly Service PW Fleet
511.000.77.548.68.42.00
6.0( 0-
NetGuard Monthly Service PW Admir
a
Q.
001.000.65.518.20.42.00
2.1( Q
NetGuard Monthly Service PW Admir
M
421.000.74.534.80.42.00
0.6(
NetGuard Monthly Service PW Admir
422.000.72.531.90.42.00
2.1( m
NetGuard Monthly Service PW Admir
00
423.000.75.535.80.42.00
0.6( N
NetGuard Monthly Service PW Admir
o
423.000.76.535.80.42.00
0.6( Y
NetGuard Monthly Service PW Street
111.000.68.542.90.42.00
6.0(
NetGuard Monthly Service PW Street
422.000.72.531.90.42.00
6.0(
NetGuard Monthly Service WWTP
423.000.76.535.80.42.00
30.0( t
Total:
642.0( 0M
r
r
Q
0440624-IN SHOP SUPPLIES
Shop Supplies
511.000.77.548.68.31.20
99.0(
9.8% Sales Tax
511.000.77.548.68.31.20
9.7'
Total :
108.7'
Page: 23
Packet Pg. 53
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
4.3.a
Page: 24
Bank code :
Voucher
usbank
Date
Vendor
Invoice
PO # Description/Account
Amoun
221070
7/28/2016
024302 NELSON PETROLEUM
0588098-IN
FLEET - FILTER INVENTORY
Fleet - Filter Inventory
511.000.77.548.68.34.40
55.5<
9.8% Sales Tax
511.000.77.548.68.34.40
5.4z
0588116-IN
FLEET - OIL INVENTORY
Fleet - Oil Inventory
511.000.77.548.68.34.21
1,588.5 ,
9.8% Sales Tax
511.000.77.548.68.34.21
155.6E
Total:
1,805.2,
221071
7/28/2016
075520 NOBLE, LINDA
12870
INTERPRETER SERVICES
interpreter services - 6Z0071065
001.000.23.512.50.41.01
106.6E
Total:
106.6E
221072
7/28/2016
025217 NORTH SOUND HOSE & FITTINGS
74406
UNIT 19 - SUPPLIES
Unit 19 - Supplies
511.000.77.548.68.31.10
496.9(
9.2% Sales Tax
511.000.77.548.68.31.10
45.7,
74437
UNIT 19 - SUPPLIES
Unit 19 - supplies
511.000.77.548.68.31.10
66.8 1
9.2% Sales Tax
511.000.77.548.68.31.10
6.1:
Total:
615.7(
221073
7/28/2016
068451 NORTHEND TRUCK EQUIPMENT INC
1032866
UNIT E123SO - TOMMY GATE & PLF
Unit E123SO - Tommy Gate & Platfor
511.100.77.594.48.64.00
4,944.0(
9.1 % Sales Tax
511.100.77.594.48.64.00
449.9(
Total:
5.393.9(
Page: 24
Packet Pg. 54
vchlist
07/28/2016 9:09:46AM
Bank code : usbank
Voucher Date Vendor
221074 7/28/2016 061013 NORTHWEST CASCADE INC
Voucher List
City of Edmonds
4.3.a
Page: 25
Invoice
PO # Description/Account
Amoun
0550075738
MADRONA ELMENTARY HONEY BU
MADRONA ELMENTARY HONEY BU
_
001.000.64.576.80.45.00
111.6E
vi
0550075739
MARINA BEACH HONEY BUCKET
MARINA BEACH HONEY BUCKET
t
001.000.64.576.80.45.00
2,938.8E
0550075740
EMONDS MARSH FISH HATCHERY
EMONDS MARSH FISH HATCHERY
001.000.64.576.80.45.00
113.8E
o
0550075741
CIVIC FIELD 6TH & BELL HONEY Bl
CIVIC FIELD 6TH & BELL HONEY Bl
p
L
001.000.64.576.80.45.00
113.8E
a
0550075742
CIVIC FIELD 6TH & EDMONDS HON
Q'
Q
CIVIC FIELD 6TH & EDMONDS HON
001.000.64.576.80.45.00
113.8E
M
04
0550075743
HAINES WHARF PARK HONEY BUC
HAINES WHARF PARK HONEY BUC
001.000.64.576.80.45.00
218.7E
0550075744
SIERRA PARK HONEY BUCKET
N
SIERRA PARK HONEY BUCKET
0
001.000.64.576.80.45.00
113.8E
Y
0550075745
CIVIC FIELD 6TH & EMDONDS HON
CIVIC FIELD 6TH & EMDONDS HON
E
001.000.64.576.80.45.00
113.8E
5
0550075746
BALLINGER PARK HONEY BUCKET
BALLINGER PARK HONEY BUCKET
m
001.000.64.576.80.45.00
111.6E
E
0550075747
PINE ST PARK HONEY BUCKET
U
PINE ST PARK HONEY BUCKET
r
001.000.64.576.80.45.00
113.8E
Q
0550075748 EDMONDS ELEMENTARY HONEY B
EDMONDS ELEMENTARY HONEY B
001.000.64.576.80.45.00 111.6E
0550075749 HICKMAN PARK HONEY BUCKET
HICKMAN PARK HONEY BUCKET
001.000.64.576.80.45.00 587.6,
Page: 25
Packet Pg. 55
vchlist
07/28/2016 9:09:46AM
Bank code : usbank
Voucher Date Vendor
221074 7/28/2016 061013 NORTHWEST CASCADE INC
221075 7/28/2016 063511 OFFICE MAX INC
Voucher List
City of Edmonds
4.3.a
Page: 26
Invoice
PO # Description/Account
Amoun
(Continued)
0550075750
YOST PARK HONEY BUCKET
_
YOST PARK HONEY BUCKET
vi
001.000.64.576.80.45.00
309.2'
0550078173
85TH & MAIN SCA PROJECT HONE'
t
85TH & MAIN SCA PROJECT HONE'
001.000.64.576.80.45.00
78.4 0 M
Total:
5,150.9E 6
0
143448
P&RADMIN: COPY PAPER, EXPO, (
P&RADMIN: COPY PAPER, EXPO, (
>
0
001.000.64.571.21.31.00
30.5z a
9.8% Sales Tax
Q
001.000.64.571.21.31.00
2.9�
501188
PW - OFFICE SUPPLIES
C14
PW - Office Supplies
001.000.65.518.20.31.00
111.11 m
9.8% Sales Tax
001.000.65.518.20.31.00
10.8� N
526543
RECYCLE -EASELS
Recycle - Easels
0
N
421.000.74.537.90.35.00
103.0E cYi
9.8% Sales Tax
E
421.000.74.537.90.35.00
10.1( ca
567280
PW - PEN STOCK
PW - Pen Stock
001.000.65.518.20.31.00
m
42.9< E
9.8% Sales Tax
001.000.65.518.20.31.00
4.2'
576779
PW -SUPPLIES
r
Q
PW -Supplies
001.000.65.518.20.31.00 6.5E
9.8% Sales Tax
001.000.65.518.20.31.00 0.6E
Total : 323.0E
Page: 26
Packet Pg. 56
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
4.3.a
Page: 27
Bank code :
usbank
Voucher
Date
Vendor
Invoice
PO # Description/Account
Amoun
221076
7/28/2016
063750 ORCA PACIFIC INC
22558
CHEMICALS YOST
PM: PLATE, COLLARS
_
001.000.64.576.80.31.00
575.0( vi
9.8% Sales Tax
001.000.64.576.80.31.00
a�
56.3E
22559
CHEMTROL PUMP YOST
E
CHEMTROL PUMP YOST
cu
001.000.64.576.80.31.00
473.6� 6
9.8% Sales Tax
o
001.000.64.576.80.31.00
46.4,
Total:
1,151.4( L
a
221077
7/28/2016
064951 OTIS ELEVATOR CO
SS06279G816
PW ELEVATOR MAINT SERVICE CC
Q-
Q
PW Elevator Maint Service Contract f
001.000.66.518.30.48.00
3,354.3( 04
9.8% Sales Tax
001.000.66.518.30.48.00
328.7,
Total :
3,683.0(
06
221078
7/28/2016
065051 PARAMETRIX INC
21-24059
WWTP: 5/29-7/2/16 PLC/SCADASY!
5/29-7/2/16 Phase 4 Tasks 1-3 for PL
N
423.100.76.594.39.41.10
17,961.3:
5/29-7/2/16 Phase 5 Task 1 for PLC 8
E
423.100.76.594.39.41.10
12,240.0( .m
5/29-7/2/16 Phase 6 Task 1 for PLC 8
423.100.76.594.39.41.10
10,840.0( c
Total:
41,041.X E
t
221079
7/28/2016
027450 PAWS
JUNE 2016
INVOICE 7/14/16 FOR JUNE 2016 -
U
CR 1 DAY BOARDING #31900758
r
Q
001.000.41.521.70.41.00
-15.0(
S RTG FEE #31900758
001.000.41.521.70.41.00
-20.0(
CR 2 DAYS BOARDING #31885487 -
001.000.41.521.70.41.00
-30.0(
RTG FEE #31885487-PD BY GUARS
Page: 27
Packet Pg. 57
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
4.3.a
Page: 28
Bank code :
Voucher
usbank
Date Vendor
Invoice PO #
Description/Account
Amoun
221079
7/28/2016 027450 PAWS
(Continued)
001.000.41.521.70.41.00
-20.0( _
JUNE 2016
JUNE 2016 ANIMAL SHELTERING -
vi
SHELTERING 17 ANIMALS @$175 6
001.000.41.521.70.41.00
2,975.0( t
Total:
2,890.0(
221080
7/28/2016 063951 PERTEET ENGINEERING INC
20110010.000-54
E7AC.SERVICES THRU 7/3/16
f°
E7AC.Services thru 7/3/16
c
112.000.68.595.33.41.00
332.0( @
Total:
332.01 o
L
221081
7/28/2016 008400 PETTY CASH
ADM PETTY CASH 7/16
POLICE ADMINISTRATION PETTY C
a
FUEL FOR TRAFFIC MOTORCYCLE
Q
001.000.41.521.71.31.00
30.4( N
PARKING @ SEATTLE MUNI COURT
001.000.41.521.21.43.00
9.0( ..
BAGGAGE FEE - COLLINS - NEW VA
001.000.41.521.40.43.00
50.0( N
FUEL FOR CHIEF'S VEHICLE - TRIF
r-
001.000.41.521.10.43.00
10.0( N
ENGRAVE NEW SR. ACO BADGE
Y
001.000.41.521.10.31.00
1.9 , E
FIRST AID SUPPLIES FOR RANGE
ca
001.000.41.521.22.31.00
21.3 ,
TWO CAMERA CARDS FOR PATRO
c
001.000.41.521.22.31.00
28.5< E
Total:
151.3: u
221082
7/28/2016 072384 PLAY-WELLTEKNOLOGIES
21194 LEGO CAMP
21194 LEGO CAMP INSTRUCTION
r
Q
21194 LEGO CAMP INSTRUCTION
001.000.64.571.22.41.00
1,690.0(
21197 LEGO CAMP
21197 LEGO CAMP INSTRUCTION
21197 LEGO CAMP INSTRUCTION
001.000.64.571.22.41.00
1,820.0(
Page: 28
Packet Pg. 58
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
4.3.a
Page: 29
Bank code :
usbank
Voucher
Date
Vendor
Invoice PO #
Description/Account
Amoun
221082
7/28/2016
072384 072384 PLAY -WELL TEKNOLOGIES
(Continued)
Total:
3,510.0(
221083
7/28/2016
064088 PROTECTION ONE
291104
ALARM MONITORING - PARKS MAI1
ALARM MONITORING FOR PARKS 1
001.000.66.518.30.42.00
21.3E
ALARM MONITORING FOR PARKS 1
001.000.64.576.80.42.00
21.3;
ALARM MONITORING FOR FIRE ST,
001.000.66.518.30.42.00
146.0'
Total:
188.6$
221084
7/28/2016
075698 PROTOCOL PLUMBING
BLD20160951
PERMIT REFUND
REFUND -PERMIT
001.000.257.620
255.0(
Total:
255.0(
221085
7/28/2016
067263 PUGET SAFETY EQUIPMENT COMPANY
0034300-IN
WWTP: ANTACID 500, EYE WASH P
ANTACID 500s, EYE WASH ACID SF
423.000.76.535.80.31.00
656.8(
Freight
423.000.76.535.80.31.00
108.51
9.8% Sales Tax
423.000.76.535.80.31.00
75.0(
Total:
840.3�
221086
7/28/2016
030780 QUIRING MONUMENTS INC
00000166540
MARKER INSCRIPTION-BRANNSTR
MARKER INSCRIPTION-BRANNSTR
130.000.64.536.20.34.00
125.0(
Total:
125.0(
221087
7/28/2016
075570 RADIA INC PS
Z2JZEC3
FIT FOR DUTIES EXAM
FIT FOR DUTIES EXAM - POLICE DI
001.000.22.521.10.41.00
123.6(
Total:
123.6(
221088
7/28/2016
074712 RAINIER ENVIRONMENTAL LAB
2250
WWTP: DMRQA LAB TEST
DMRQA Lab test:
Page: 29
Packet Pg. 59
vchlist
07/28/2016 9:09:46AM
Bank code : usbank
Voucher Date Vendor
221088 7/28/2016 074712 RAINIER ENVIRONMENTAL LAB
221089 7/28/2016 074156 RAZZ CONSTRUCTION INC
221090 7/28/2016 074335 SAVAGE, LINDA
Voucher List
City of Edmonds
Invoice
(Continued)
E4MB.Pmt 4
21067 SOCIAL SKILLS
221091 7/28/2016 074986 SCREEN PRINTING NORTHWEST INC 51362
221092 7/28/2016 075710 SHAW, PAMELA
221093 7/28/2016 037375 SNO CO PUD NO 1
PO # Description/Account
423.000.76.535.80.41.00
Total
E4MB.PMT 4 THRU 6/30/16
E4MB.Pmt 4 thru 6/30/16
016.000.66.594.19.65.00
Total
21067 SOCIAL SKILLS INSTRUCTIC
21067 SOCIAL SKILLS INSTRUCTIC
001.000.64.571.22.41.00
Total
INV#51362 - EDMONDS PD - MORR
SMART TEAM WINDBREAKER
001.000.41.521.21.24.00
9.2% Sales Tax
001.000.41.521.21.24.00
Total
7/25 REFUND 7/25/16 REFUND DAMAGE DEPOSI•
7/25/16 REFUND DAMAGE DEPOSI-
001.000.239.200
Total
2002-0254-7
PEDEST CAUTION LIGHT 21930 95-
PEDEST CAUTION LIGHT 21930 95-
111.000.68.542.64.47.00
2003-4823-3
TRAFFIC LIGHT 22000 84TH AVE W
TRAFFIC LIGHT 22000 84TH AVE W
111.000.68.542.64.47.00
2004-6859-3
LIFT STATION #4 8311 TALBOT RD /
LIFT STATION #4 8311 TALBOT RD /
423.000.75.535.80.47.10
2004-9314-6
MAPLEWOOD PARK IRRIGATION M
MAPLEWOOD PARK IRRIGATION M
4.3.a
Page: 30
Amoun
041I111I1
200.0( VJ
252,581.2' .�
252,581.2'
4-
0
c�
245.0( a
245.0( Q
ce)
N
39.9E
m
3.6£ ao
43.6:
0
N
515.0( •E
ca
515.0(
c
m
E
16.2� U
r
r
Q
42.3z
346.4z
Page: 30
Packet Pg. 60
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
4.3.a
Page: 31
Bank code : usbank
Voucher Date Vendor Invoice
PO # Description/Account
Amoun
221093 7/28/2016 037375 SNO CO PUD NO 1 (Continued)
001.000.64.576.80.47.00
17.9E _
2006-3860-9
OLD PUBLIC WORKS 200 DAYTON
vi
OLD PUBLIC WORKS 200 DAYTON
421.000.74.534.80.47.00
214.0( t
2006-5164-4
PARK MAINTENANCE SHOP
E
PARK MAINTENANCE SHOP
001.000.64.576.80.47.00
1,026.4E 6
2007-1403-8
SEAVIEW PARK
p
SEAVIEW PARK
001.000.64.576.80.47.00
29.7< p
2007-3984-5
SEAVIEW RESERVOIR 18520 90TH
a
SEAVIEW RESERVOIR 18520 90TH
Q'
Q
421.000.74.534.80.47.00
19.8E
2008-6520-2
LIFT STATION #3 1529 NORTHSTRE
N
LIFT STATION #3 1529 NORTHSTRE
423.000.75.535.80.47.10
56.0,
2011-9708-4
SEAVIEW PARK
SEAVIEW PARK
N
001.000.64.576.80.47.00
126.3z c
2012-3682-5
FISHING PIER
N
FISHING PIER
cYi
001.000.64.576.80.47.00
51.5, E
2015-5174-4
SNO-ISLE LIBRARY 650 MAIN ST / �
c°
SNO-ISLE LIBRARY 650 MAIN ST / �
001.000.66.518.30.47.00
1,556.1 £ y
2015-7289-8
TRAFFIC LIGHT 117 3RD AVE S / ME
E
TRAFFIC LIGHT 117 3RD AVE S / ME
t
111.000.68.542.64.47.00
41.6z r
2016-1195-1
TRAFFIC LIGHT 20801 76TH AVE W
Q
TRAFFIC LIGHT 20801 76TH AVE W
111.000.68.542.63.47.00
28.8z
2017-5147-6
TRAFFIC LIGHT 9932 220TH ST SW
TRAFFIC LIGHT 9932 220TH ST SW
111.000.68.542.64.47.00
54.6:
2017-8264-6
TRAFFIC LIGHT 901 WALNUT ST /
Page: 31
Packet Pg. 61
vchlist
07/28/2016 9:09:46AM
Bank code : usbank
Voucher Date Vendor
221093 7/28/2016 037375 SNO CO PUD NO 1
Voucher List
City of Edmonds
4.3.a
Page: 32
Invoice PO # Description/Account Amoun
(Continued)
TRAFFIC LIGHT 901 WALNUT ST /
111.000.68.542.64.47.00
19.1(
N
2019-0786-2 TRAFFIC LIGHT 7133 212TH ST SW
TRAFFIC LIGHT 7133 212TH ST SW
t
111.000.68.542.63.47.00
29.4�
2019-4248-9 PUBLIC WORKS OMC 7110 210TH ;
PUBLIC WORKS OMC 7110 210TH
001.000.65.518.20.47.00
80.21
o
PUBLIC WORKS OMC 7110 210TH ;
111.000.68.542.90.47.00
304.9'
o
PUBLIC WORKS OMC 7110 210TH ;
L
a
Q.
421.000.74.534.80.47.00
304.9'
Q
PUBLIC WORKS OMC 7110 210TH ;
M
423.000.75.535.80.47.10 304.9' "
PUBLIC WORKS OMC 7110 210TH ;77
511.000.77.548.68.47.00
304.9' w
PUBLIC WORKS OMC 7110 210TH ;
422.000.72.531.90.47.00
304.9( N
2020-8787-0
LIFT STATION #6 100 PINE ST / MEl
o
LIFT STATION #6 100 PINE ST / MEl
N
423.000.75.535.80.47.10
90.6z
2022-5062-7
9TH/CASPER LANDSCAPED BED
E
9TH/CASPER LANDSCAPED BED
f°
001.000.64.576.80.47.00
18.5z ;
2022-8912-0
TRAFFIC LIGHT 23801 HWY 99 / ME
m
TRAFFIC LIGHT 23801 HWY 99 / ME
E
111.000.68.542.64.47.00
t
56.0. U
2022-9166-2
CIVIC CENTER & FIRE STATION #1 �
r
CIVIC CENTER & FIRE STATION #1 1
Q
001.000.66.518.30.47.00 4,828.1(
2023-8937-5 STREET LIGHT 7601 RIDGE WAY / I
STREET LIGHT 7601 RIDGE WAY / I
111.000.68.542.63.47.00 8.8E
2024-3924-6 CITY HALL 121 5TH AVE N / METER
Page: 32
Packet Pg. 62
vchlist
07/28/2016 9:09:46AM
Bank code : usbank
Voucher Date Vendor
221093 7/28/2016 037375 SNO CO PUD NO 1
221094 7/28/2016 038300 SOUND DISPOSAL CO
221095 7/28/2016 075009 SOUNDVIEW DESIGN STUDIO
Voucher List
City of Edmonds
Invoice
(Continued)
2026-2041-5
2028-0763-2
2030-9778-7
104757
00010503
221096 7/28/2016 075709 SRW STRATEGIC & TACTICAL SPEC 2016-LYNWD-01
221097 7/28/2016 039775 STATE AUDITOR'S OFFICE
PO # Description/Account
CITY HALL 121 5TH AVE N / METER
001.000.66.518.30.47.00
MATHAY BALLINGER PARK IRRIGA
MATHAY BALLINGER PARK IRRIGA
001.000.64.576.80.47.00
TRAFFIC LIGHT 8429 196TH ST SW
TRAFFIC LIGHT 8429 196TH ST SW
001.000.66.518.30.47.00
WWTP: 6/17 - 7/15/16 200 2ND AVE
WWTP: 200 2ND AVE S / METER 10
423.000.76.535.80.47.61
Total
WWTP: MAY 2016 ON CALL SERVIC
May 2016 On -Call Service Rolloff: BA
423.000.76.535.80.47.65
Total
FALL CRAZE DESIGN
FALL CRAZE DESIGN
001.000.64.571.22.41.00
Total
INV#2016-LYNWD-01 - SWAT
TRAINING SEMINAR 8/29-31/16 - -
628.000.41.521.23.31.00
Total
L115638 06-16 AUDIT FEES
06-16 Audit Fees
001.000.39.514.20.51.00
06-16 Audit Fees
111.000.68.543.30.51.00
06-16 Audit Fees
421.000.74.534.80.51.00
4.3.a
Page: 33
Page: 33
Packet Pg. 63
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
4.3.a
Page: 34
Bank code :
usbank
Voucher
Date
Vendor
Invoice PO #
Description/Account
Amoun
221097
7/28/2016
039775 STATE AUDITOR'S OFFICE
(Continued)
06-16 Audit Fees
422.000.72.531.90.51.00
1,960.6:
06-16 Audit Fees
423.000.75.535.80.51.00
5,162.1'
06-16 Audit Fees
423.000.76.535.80.51.00
1,352.9'
06-16 Audit Fees
511.000.77.548.68.51.00
516.9E
Total:
22,971.4 ,
221098
7/28/2016
071585 STERICYCLE INC
3003502930
INV#3003502930 CUST#6076358 EC
MEDIUM DISPOSAL BOX
001.000.41.521.80.41.00
52.6 ,
Tota I :
52.6 ,
221099
7/28/2016
072319 SUNSET BAY RESORT
20918 BEACH CAMP
20918 BEACH CAMP
20918 BEACH CAMP
001.000.64.571.22.41.00
13,588.0(
20926 BEACH CAMP
20926 BEACH CAMP - SLEEPOVER
20926 BEACH CAMP - SLEEPOVER
001.000.64.571.22.41.00
5,724.0(
Total:
19,312.0(
221100
7/28/2016
074797 SUPER CHARGE MARKETING LLC
2508
SOCIAL MEDIA SERVICES JULY 20'
Social Media Services July 2016
001.000.61.557.20.41.00
300.0(
Total:
300.0(
221101
7/28/2016
075574 SVETLITCHNAIA, JULIANA
7/26 HMP CONCERT
7/26/16 HMP CONCERT JULIANA &
7/26/16 HMP CONCERT JULIANA &
117.100.64.573.20.41.00
1,000.0(
Total:
1,000.0(
221102
7/28/2016
075216 SWAGELOK NORTHWEST
5113638
WWTP: TUBING, TUBES, MNPT'S
Tubing: 1/4X035 SMLS 316, 316SS 1
Page: 34
Packet Pg. 64
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
4.3.a
Page: 35
Bank code :
Voucher
usbank
Date
Vendor
Invoice PO #
Description/Account
Amoun
221102
7/28/2016
075216 SWAGELOK NORTHWEST
(Continued)
423.000.76.535.80.31.00
655.9(
Freight
423.000.76.535.80.31.00
86.2'
9.8% Sales Tax
423.000.76.535.80.31.00
72.7:
Total:
814.8:
221103
7/28/2016
072790 TCC PRINTING & IMAGING
90857
PRINTING OF SURVEY CARDS FOF
Printing of survey cards for downtown
001.000.61.558.70.41.00
313.5E
9.8% Sales Tax
001.000.61.558.70.41.00
30.7:
90873
BIRD FEST BANNER DATE PATCH F
Bird Fest banner patch to replace dat
120.000.31.575.42.49.00
32.8E
9.8% Sales Tax
120.000.31.575.42.49.00
3.2,
Total:
380.3E
221104
7/28/2016
071666 TETRATECH INC
51069065
E4GC.SERVICES THRU 6/24/16
E4GC.Services thru 6/24/16
423.200.75.594.35.41.00
20,249.7,
51070801
ESFD.SERVICES THRU 7/1/16
ESFD.Services thru 7/1/16
422.200.72.594.31.41.00
16,712.3<
Total:
36,962.0.
221105
7/28/2016
075567 THE GINGER UPS
7/21 HMF CONCERT
7/21 HMF CONCERT GINGER UPS
7/21 HMF CONCERT GINGER UPS
117.100.64.573.20.41.00
175.0(
Total:
175.0(
221106
7/28/2016
072649 THE WIDE FORMAT COMPANY
92417
PAPER- KIPP MACHINE
PAPER- Kipp Machine
001.000.62.524.10.31.00
172.0�
Page: 35
Packet Pg. 65
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
4.3.a
Page: 36
Bank code : usbank
Voucher Date Vendor Invoice PO # Description/Account Amoun
221106 7/28/2016 072649 THE WIDE FORMAT COMPANY (Continued)
Paper- Kipp Machine- Rohde
001.000.31.518.88.31.00 65.2z
Total :
221107
7/28/2016
075708 THOMPSON, PAULA
7/18 REFUND DEPOSIT
7/18/16 REFUND DAMAGE DEPOSI'
7/18/16 REFUND DAMAGE DEPOSI-
001.000.239.200
Total
221108
7/28/2016
070744 TIGER OAK MEDIA
2016-159040
BUSINESS RECRUITMENT AD IN SI
Business recruitment ad in Seattle
001.000.61.558.70.41.40
Total
221109
7/28/2016
042800 TRI-CITIES SECURITY
40648
PW - RE KEY BLANKS
PW - Re Key Blanks
001.000.65.518.20.31.00
9.8% Sales Tax
001.000.65.518.20.31.00
Total
221110
7/28/2016
070902 ULVESTAD, KAREN
20983 KIDS PHOTO
20983 KIDS DIGITAL PHOTOGRAPF
20983 KIDS DIGITAL PHOTOGRAPF
001.000.64.571.22.41.00
Total
221111
7/28/2016
062693 US BANK
BID-1687
BID SUPPLIES FOR PARADE, MEMI
BID registration for 4th of July parade
140.000.61.558.70.49.00
BID Facebook advertising
140.000.61.558.70.41.40
BID tshirts for members in 4th of July
140.000.61.558.70.31.00
BID Facebook advertising
140.000.61.558.70.41.40
Page: 36
Packet Pg. 66
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
4.3.a
Page: 37
Bank code :
Voucher
usbank
Date
Vendor
Invoice
PO # Description/Account
Amoun
221111
7/28/2016
062693 US BANK
(Continued)
BID Color copies
_
140.000.61.558.70.49.00
22.0< vi
BID Supplies for 4th of July parade
140.000.61.558.70.31.00
150.0,
Total:
725.5: E
221112
7/28/2016
064423 USA BLUE BOOK
967715
WATER SUPPLIES- WIRE GRIP, SC
Water Supplies- Wire Grip, Soil Prob
c
421.000.74.534.80.31.00
208.9( @
Freight
o
421.000.74.534.80.31.00
49.9< a
9.8% Sales Tax
0.
Q
421.000.74.534.80.31.00
25.3 ,
994487
WATER - SUPPLIES
N
Water - Supplies
le
421.000.74.534.80.31.00
145.4z
9.8% Sales Tax
421.000.74.534.80.31.00
14.2E N
998157
WATER - 7/8" SHACKLE FOR LOCK
0
Water - 7/8" Shackle for Lock Supplie
Y
421.000.74.534.80.31.00
149.8E
9.8% Sales Tax
E
421.000.74.534.80.31.00
14.6�
Total:
608.4E ..
c
221113
7/28/2016
067865 VERIZON WIRELESS
9768629214
C/A671247844-00001
m
E
Cell Service -Bldg
t
001.000.62.524.20.42.00
U
18.4E
Cell Service-Eng
r
Q
001.000.67.518.21.42.00
94.5(
Cell Service Fac-Maint
001.000.66.518.30.42.00
99.6E
Cell Service Parks Maint
001.000.64.576.80.42.00
65.4�
Cell Service-PD
Page: 37
Packet Pg. 67
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
4.3.a
Page: 38
Bank code :
Voucher
usbank
Date
Vendor
Invoice
PO # Description/Account
Amoun
221113
7/28/2016
067865 VERIZON WIRELESS
(Continued)
001.000.41.521.22.42.00
303.9< _
Cell Service-PD 104 Fund
vi
104.100.41.521.21.42.00
132.0E U
Cell Service-PW Street
t
111.000.68.542.90.42.00
18.9'
Cell Service-PW Street/Storm
M
111.000.68.542.90.42.00
18.4� 6
Cell Service-PW Street/Storm
o
422.000.72.531.90.42.00
18.4( 5
Cell Service-PW Water
o
L
421.000.74.534.80.42.00
55.6( 0-
Cell Service-PW Sewer
Q
423.000.75.535.80.42.00
79.3� M
Cell Service-WWTP
N
423.000.76.535.80.42.00
38.0'
Total:
943.0, w
221114
7/28/2016
073552 WELCO SALES LLC
7093
WWTP: SOFT WHEEL CASTERS+S'
N
SOFT WHEEL CASTERS+STEMS
rz.
0
423.000.76.535.80.31.00
412.3( u)
9.8% Sales Tax
423.000.76.535.80.31.00
40.4' E
7104
PERFORATED WHITE PAPER FOR.
f°
Perforated white paper for A/R & BID
001.000.31.514.23.31.00
149.5( y
9.8% Sales Tax
E
001.000.31.514.23.31.00
14.6E U
7109
LOGO LETTERHEAD FOR FINANCE
r
Logo letter for the Finance dept
Q
001.000.31.514.23.31.00
155.0(
9.8% Sales Tax
001.000.31.514.23.31.00
15.1
Total:
787.0E
221115
7/28/2016
072634 WHISTLE WORKWEAR
TR-306696
RUBBER BOOT REPLACEMENT
Page: 38
Packet Pg. 68
vchlist
07/28/2016 9:09:46AM
Voucher List
City of Edmonds
4.3.a
Page: 39
Bank code:
Voucher
usbank
Date Vendor
Invoice
PO # Description/Account
Amoun
221115
7/28/2016 072634 WHISTLE WORKWEAR
(Continued)
RUBBER BOOT REPLACEMENT
_
001.000.64.576.80.31.00
117.9< vi
TR-306697
RAIN GEAR REPLACEMENT
RAIN GEAR REPLACEMENT
t
001.000.64.576.80.31.00
108.0�
Total:
226.0;
221116
7/28/2016 070432 ZACHOR & THOMAS PS INC
1066
JUL-16 RETAINER
o
Monthly Retainer
@
001.000.36.515.33.41.00
17,430.0( p
Total:
17,430.0( a
Q.
112
Vouchers for bank code : usbank
Bank total :
909,499.1( Q
M
112
Vouchers in this report
Total vouchers :
909,499.1( le
co
N
O
N
Y
V
E
V
a+
C
d
E
L
V
R
r
r
Q
Page: 39
Packet Pg. 69
4.3.b
PROJECT NUMBERS (By Project Title)
Project
Engineering
Accounting
Project
Funding
Project Title
Number
Number
STM
12th Ave & Sierra Stormwater System Improvements
c484
E5FE
STIR
15th St. SW Walkway (Edmonds Way to 8th Ave)
c424
E3DC
SWR
2013 Sewerline Replacement Project
c398
E3GA
STIR
2014 Chip Seals
c451
E4CB
STM
2014 Drainage Improvements
c433
E4FA
STM
2014 Lake Ballinger Associated Projects
c436
E4FD
STIR
2014 Overlay Program
c438
E4CA
WTR
2014 Waterline Overlays
c452
E4CC
a)
v
STM
2014 Willow Creek Daylighting/Edmonds Marsh Restoration
c435
E4FC
E
STM
2015 Citywide Drainage Improvements/Rehab Projects
c466
E5FA
STIR
2015 Overlay Program
c463
E5CA
o
SWR
2015 Sewerline Overlays
i007
E5CC
>
0
SWR
2015 Sewerline Replacement Project
c441
E4GA
Q.
a
STIR
2015 Traffic Calming
c471
E5AB
Q
WTR
2015 Waterline Overlays
c475
E5CB
N
Iq
WTR
2015 Waterline Replacement Program
c440
E4J13
v
STIR
2016 Overlay Program
i008
E6CA
SWR
2016 Sanitary Sewer Replacement Projects
c469
E5GA
N
SWR
2016 Sewerline Overlays
i010
E6CC
o
rn
WTR
2016 Water Comp Plan Update
c460
E4JC
y
WTR
2016 Waterline Overlays
i009
E6CB
E
WTR
2016 Waterline Replacement Projects
c468
E5JA
?
0
SWR
2017 Sanitary Sewer Replacement Project
i013
E6GA
d
WTR
2017 Waterline Replacement Projects
i014
E6J13
m
rn
STIR
220th Street Overlay Project
c462
E4CD
>,
STM
224th & 98th Drainage Improvements
c486
E6FB
y
0
WTR
224th Waterline Relocation (2013)
c418
E3J13
L
STIR
228th St. SW Corridor Improvements
i005
E7AC
LL
STIR
236th St. SW Walkway (Edmonds Way to Madrona School)
c425
E3DD
r
STIR
238th St. SW Walkway (100th Ave to 104th Ave)
c423
E3DB
a�
v
STIR
238th St. SW Walkway (Edmonds Way to Hwy 99)
c485
E6DA
Q
STM
3rd Ave Rain Gardens
i012
E6FC
STIR
76th Ave W at 212th St SW Intersection Improvements
c368
ElCA
STIR
9th Avenue Improvement Project
c392
E2AB
FAC
AN Upgrades - Council Chambers
c476
E5LA
STIR
ADA Curb Ramp Upgrades along 3rd Ave S
c426
E3DE
STIR
ADA Transition Plan
s016
E6DB
STIR
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
Revised 7/28/2016
Packet Pg. 70
PROJECT NUMBERS (By Project Title)
4.3.b
Funding Project Title
Protect Engineering
Accounting Project
Number Number
WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 ESJB
Revised 7/28/2016
Packet Pg. 71
4.3.b
PROJECT NUMBERS (By Project Title)
Project
Engineering
Accounting
Project
Funding
Project Title
Number
Number
STM
Dayton Street & SR104 Storm Drainage Alternatives
c374
ElFM
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
WTR
Five Corners Reservoir Re -coating
c473
E5KA
STIR
Five Corners Roundabout (212th Street SW @ 84th Avenue W)
c342
E1AA
PM
Fourth Avenue Cultural Corridor
c282
E8MA
STIR
Hwy 99 Enhancements (Phase III)
c405
E2AD
SWR
Lake Ballinger Trunk Sewer Study
sol l
E5GB
STM
LID Retrofits Perrinville Creek Basin
c434
E4FB
SWR
Lift Station #1 Basin & Flow Study
c461
E4GC
STM
North Talbot Road Drainage Improvements
c378
E2FA
STM
Northstream Culvert Repair Under Puget Drive
i011
E6FA
STM
Northstream Pipe Abandonment on Puget Drive
c410
E3FE
STM
NPDES (Students Saving Salmon)
m013
E7FG
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
STIR
SR104 Corridor Transportation Study
c427
E3AB
STIR
SR104/City Park Mid -Block Crossing
c454
E4DB
STIR
SR99 Safety Improvements (224th to 216th)
s014
E6AA
UTILITIES
Standard Details Updates
solo
E5NA
STM
Storm Drainage Improvements - 88th & 194th
c429
E3FG
STIR
Sunset Walkway Improvements
c354
E1 DA
STM
SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System
c379
E2FB
STM
SW Edmonds-105th/l06th Ave W Storm Improvements
c430
E3FH
STIR
Trackside Warning System
c470
E5AA
STIR
Train Trench - Concept
c453
E4DA
STIR
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
WWTP
WWTP Outfall Pipe Modifications
c481
E5HA
ui
U
m
t
v
E
2
U
0
0
L
a
a
M
N
Revised 7/28/2016 Packet Pg. 72
4.3.b
PROJECT NUMBERS (By Engineering Number)
Engineering
Project
Proiect
Accounting
Funding
Number
Number
Project Title
STIR
E1AA
c342
Five Corners Roundabout (212th Street SW @ 84th Avenue W)
STR
E1CA
c368
76th Ave W at 212th St SW Intersection Improvements
STIR
E1 DA
c354
Sunset Walkway Improvements
STM
E1 FM
c374
Dayton Street & SR104 Storm Drainage Alternatives
STM
E1 FN
c376
Perrinville Creek Culvert Replacement
STIR
E2AA
c391
Transportation Plan Update
STIR
E2AB
c392
9th Avenue Improvement Project
STIR
E2AD
c405
Hwy 99 Enhancements (Phase III)
STM
E21FA
c378
North Talbot Road Drainage Improvements
STM
E2FB
c379
SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System
STM
E2FC
c380
Edmonds Marsh Feasibility Study
STIR
E3AB
c427
SR104 Corridor Transportation Study
STIR
E3DB
c423
238th St. SW Walkway (100th Ave to 104th Ave)
STIR
E3DC
c424
15th St. SW Walkway (Edmonds Way to 8th Ave)
STIR
E3DD
c425
236th St. SW Walkway (Edmonds Way to Madrona School)
STIR
E3DE
c426
ADA Curb Ramp Upgrades along 3rd Ave S
STM
E3FC
c408
Perrinville Creek Stormwater Flow Reduction Retrofit Study
STM
E3FE
c410
Northstream Pipe Abandonment on Puget Drive
STM
E3FG
c429
Storm Drainage Improvements - 88th & 194th
STM
E3FH
c430
SW Edmonds-1 05th/1 06th Ave W Storm Improvements
SWR
E3GA
c398
2013 Sewerline Replacement Project
WTR
E3J13
c418
224th Waterline Relocation (2013)
FAC
E3LB
c419
ESCO III Project
STIR
E4CA
c438
2014 Overlay Program
STIR
E4CB
c451
2014 Chip Seals
WTR
E4CC
c452
2014 Waterline Overlays
STIR
E4CD
c462
220th Street Overlay Project
STIR
E4DA
c453
Train Trench - Concept
STIR
E4DB
c454
SR104/City Park Mid -Block Crossing
STM
E41FA
c433
2014 Drainage Improvements
STM
E4FB
c434
LID Retrofits Perrinville Creek Basin
STM
E4FC
c435
2014 Willow Creek Daylighting/Edmonds Marsh Restoration
STM
E4FD
c436
2014 Lake Ballinger Associated Projects
STM
E41FE
c455
Dayton Street Stormwater Pump Station
STM
E4FF
c459
Video Assessment of Stormwater Lines
SWR
E4GA
c441
2015 Sewerline Replacement Project
SWR
E4GB
c456
Citywide CIPP Sewer Rehab Phase I
SWR
E4GC
c461
Lift Station #1 Basin & Flow Study
Revised 7/28/2016 Packet Pg. 73
4.3.b
PROJECT NUMBERS (By Engineering Number)
Engineering
Project
Project
Accounting
Funding
Number
Number
Project Title
WWTP
EnErSewer
Outfall Groundwater Monitoring
WTR
E4J13
c440
2015 Waterline Replacement Program
WTR
60
2016 Water Comp Plan Update
FAC
E4LA
c444
Public Safety Controls System Upgrades
PRK
lffi7ty
Spray
FAC
E4MB
c443
Edmonds Fishing Pier Rehab
STR
ackside Warning System
STR
E5AB
c471
2015 Traffic Calming
STR
2015 Overlay Program
WTR
E5CB
c475
2015 Waterline Overlays
SWR
§Wl5
Sewerline Overla
STR
E5DA
c474
Bikelink Project
General
dmonds Waterfront Access Analysi
STM
E5FA
c466
2015 Citywide Drainage Improvements/Rehab Projects
STM
E5FB
Update Stormwater Management Code & Associated Projects
STM
E5FC
c472
Dayton Street Storm Improvements (6th Ave - 8th Ave)
STM
E5FD
V 79
Seaview Park Infiltration Facility
STM
E5FE
c484
12th Ave & Sierra Stormwater System Improvements
SWR
E5GA
c469
2016 Sanitary Sewer Replacement Protect
SWR
E5G13
s011
Lake Ballinger Trunk Sewer Study
WWTP
E5HA
�c481
WWTP Outfall Pipe Modifications
WTR
E5JA
c468
2016 Waterline Replacement Projects
WJLR
E5J13
c482
Dayton St. Utility Replacement Project (3rd Ave to 9th Ave)
WTR
E5KA
c473
Five Corners Reservoir Re -coating
EMILE5LA
c476
AN Upgrades - Council Chambers
UTILITIES
E5NA
solo
Standard Details Updates
STR
E6AA
s014
SR99 Safety Improvements (224th to 216th)
STR
E6CA
i008
2016 Overlay Program
WTR
E6CB
i009
2016 Waterline Overlays
SWR
E6CC
i010
2016 Sewerline Overlays
STR
E6DA
c485
238th St. SW Walkway (Edmonds Way to Hwy 99)
STR
E6DI3
s016
ADA Transition Plan
Northstream Culvert Repair Under Puget Drive
STM
E6FB
c486
224th & 98th Drainage Improvements
d Ave Rain Gardens
SWR
E6GA
i013
2017 Sanitary Sewer Replacement Project
WWR
E6GB
Citywide CIPP Sewer Rehab Phase II
UTILITIES
E6JA
s013
Utility Rate Update
E6J13
2017 Waterline Replacement Projects
PRK
E6MA
c480
Veteran's Plaza
228th St. SW Corridor Improvements
STM E7FG m013 NPDES (Students Saving Salmon)
Dayton Street Plaza
Revised 7/28/2018 Packet Pg. 74
4.3.b
PROJECT NUMBERS (By Engineering Number)
Engineering
Project
Proiect
Accounting
Funding Number
Number Proiect Title
PM EBMA
c282 Fourth Avenue Cultural Corridor
Revised 7/28/2016 Packet Pg. 75
4.3.b
PROJECT NUMBERS (By New Project Accounting Number)
Engineering
Project
Project
Accounting
Funding
Number
Number
Project Title
PM
E7MA
c276
Dayton Street Plaza
PM
E8MA
c282
Fourth Avenue Cultural Corridor
STR
E1AA
c342
Five Corners Roundabout (212th Street SW @ 84th Avenue W)
STR
E1 DA
c354
Sunset Walkway Improvements
STR
E1 CA
c368
76th Ave W at 212th St SW Intersection Improvements
STM
E1 FM
c374
Dayton Street & SR104 Storm Drainage Alternatives
STM
E1 FN
c376
Perrinville Creek Culvert Replacement
STM
E21FA
c378
North Talbot Road Drainage Improvements
STM
E2FB
c379
SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System
STM
E2FC
c380
Edmonds Marsh Feasibility Study
STR
E2AA
c391
Transportation Plan Update
STR
E2AB
c392
9th Avenue Improvement Project
SWR
E3GA
c398
2013 Sewerline Replacement Project
STR
E2AD
c405
Hwy 99 Enhancements (Phase III)
STM
E3FC
c408
Perrinville Creek Stormwater Flow Reduction Retrofit Study
STM
EYE
c410
Northstream Pipe Abandonment on Puget Drive
PRK
E4MA
c417
City Spray Park
WTR
E3J13
c418
224th Waterline Relocation (2013)
FAC
E3LB
c419
ESCO III Project
STR
E3DB
c423
238th St. SW Walkway (100th Ave to 104th Ave)
STR
E3DC
c424
15th St. SW Walkway (Edmonds Way to 8th Ave)
STR
E3DD
c425
236th St. SW Walkway (Edmonds Way to Madrona School)
STR
E3DE
c426
ADA Curb Ramp Upgrades along 3rd Ave S
STR
E3AB
c427
SR104 Corridor Transportation Study
STM
E3FG
c429
Storm Drainage Improvements - 88th & 194th
STM
E3FH
c430
SW Edmonds-1 05th/1 06th Ave W Storm Improvements
STM
E41FA
c433
2014 Drainage Improvements
STM
E4FB
c434
LID Retrofits Perrinville Creek Basin
STM
E4FC
c435
2014 Willow Creek Daylighting/Edmonds Marsh Restoration
STM
E4FD
c436
2014 Lake Ballinger Associated Projects
STR
E4CA
c438
2014 Overlay Program
WTR
E4J13
c440
2015 Waterline Replacement Program
SWR
E4GA
c441
2015 Sewerline Replacement Project
FAC
E4MB
c443
Edmonds Fishing Pier Rehab
FAC
E41-A
c444
Public Safety Controls System Upgrades
WWTP
E4HA
c446
Sewer Outfall Groundwater Monitoring
STR
E4CB
c451
2014 Chip Seals
WTR
E4CC
c452
2014 Waterline Overlays
Revised 7/28/2016 Packet Pg. 76
4.3.b
PROJECT NUMBERS (By New Project Accounting Number)
Engineering
Project
Project
Accounting
Funding
Number
Number
Project Title
STR
E4DA
c453
Train Trench - Concept
STR
E4DB
c454
SR104/City Park Mid -Block Crossing
STM
E41FE
c455
Dayton Street Stormwater Pump Station
SWR
E4GB
c456
Citywide CIPP Sewer Rehab Phase I
STM
E4FF
c459
Video Assessment of Stormwater Lines
WTR
E4JC
c460
2016 Water Comp Plan Update
SWR
E4GC
c461
Lift Station #1 Basin & Flow Study
y
STR
E4CD
c462
220th Street Overlay Project
y
t
STR
E5CA
c463
2015 Overlay Program
v
E
STM
E51FA
c466
2015 Citywide Drainage Improvements/Rehab Projects
STM
E5FB
c467
Update Stormwater Management Code & Associated Projects
O
WTR
E5JA
c468
2016 Waterline Replacement Projects
SWR
E5GA
c469
2016 Sanitary Sewer Replacement Projects
p
L
STR
E5AA
c470
Trackside Warning System
Q
STR
E5AB
c471
2015 Traffic Calming
Q
STM
E5FC
c472
Dayton Street Storm Improvements (6th Ave - 8th Ave)
WTR
E51KA
c473
Five Corners Reservoir Re -coating
STR
E5DA
c474
Bikelink Project
WTR
E5CB
c475
2015 Waterline Overlays
N
FAC
E5LA
c476
AN Upgrades - Council Chambers
o
General
E5DB
c478
Edmonds Waterfront Access Analysis
y
STM
E5FD
c479
Seaview Park Infiltration Facility
E
PRK
E6MA
c480
Veteran's Plaza
Z
O
WWTP
E5HA
c481
WWTP Outfall Pipe Modifications
d
WTR
E5JB
c482
Dayton St. Utility Replacement Project (3rd Ave to 9th Ave)
m
N
STM
E51FE
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
3
a
SWR
E6GB
c488
Citywide CIPP Sewer Rehab Phase II
L
u_
STR
E7AC
i005
228th St. SW Corridor Improvements
SWR
E5CC
i007
2015 Sewerline Overlays
E
STR
E6CA
i008
2016 Overlay Program
v
ca
WTR
E6CB
i009
2016 Waterline Overlays
Q
SWR
E6CC
i010
2016 Sewerline Overlays
STM
E61FA
iol 1
Northstream Culvert Repair Under Puget Drive
STM
E6FC
i012
3rd Ave Rain Gardens
SWR
E6GA
i013
2017 Sanitary Sewer Replacement Project
WTR
E6J13
i014
2017 Waterline Replacement Projects
STM
E7FG
m013
NPDES (Students Saving Salmon)
UTILITIES
E5NA
solo
Standard Details Updates
SWR
E5GB
s011
Lake Ballinger Trunk Sewer Study
UTILITIES
E6JA
s013
Utility Rate Update
STR
E6AA
s014
SR99 Safety Improvements (224th to 216th)
Revised 7/28/2016 Packet Pg. 77
4.3.b
PROJECT NUMBERS (By New Project Accounting Number)
Engineering
Project
Proiect
Accounting
Funding Number
Number Proiect Title
STIR E6DB
s016 ADA Transition Plan
Revised 7/28/2016 Packet Pg. 78
4.3.b
PROJECT NUMBERS (By Project Title)
Project
Engineering
Accounting
Project
Funding
Proiect Title
Number
Number
FAC
A/V Upgrades - Council Chambers
c476
E5LA
FAC
Edmonds Fishing Pier Rehab
c443
E4MB
FAC
ESCO III Project
c419
E3LB
FAC
Public Safety Controls System Upgrades
c444
E4LA
General
Edmonds Waterfront Access Analysis
c478
E5DB
PM
Dayton Street Plaza
c276
E7MA
PM
Fourth Avenue Cultural Corridor
c282
E8MA
PRK
City Spray Park
c417
E4MA
PRK
Veteran's Plaza
c480
E6MA
STM
12th Ave & Sierra Stormwater System Improvements
c484
E5FE
STM
2014 Drainage Improvements
c433
E4FA
STM
2014 Lake Ballinger Associated Projects
c436
E4FD
STM
2014 Willow Creek Daylighting/Edmonds Marsh Restoration
c435
E4FC
STM
2015 Citywide Drainage Improvements/Rehab Projects
c466
E5FA
STM
224th & 98th Drainage Improvements
c486
E6FB
STM
3rd Ave Rain Gardens
i012
E6FC
STM
Dayton Street & SR104 Storm Drainage Alternatives
c374
E1 FM
STM
Dayton Street Storm Improvements (6th Ave - 8th Ave)
c472
E5FC
STM
Dayton Street Stormwater Pump Station
c455
E41FE
STM
Edmonds Marsh Feasibility Study
c380
E2FC
STM
LID Retrofits Perrinville Creek Basin
c434
E4FB
STM
North Talbot Road Drainage Improvements
c378
E2FA
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
Perrinville Creek Culvert Replacement
c376
E1 FN
STM
Perrinville Creek Stormwater Flow Reduction Retrofit Study
c408
E3FC
STM
Seaview Park Infiltration Facility
c479
E5FD
STM
Storm Drainage Improvements - 88th & 194th
c429
E3FG
STM
SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System
c379
E2FB
STM
SW Edmonds-1 05th/1 06th Ave W Storm Improvements
c430
E3FH
STM
Update Stormwater Management Code & Associated Projects
c467
E5FB
STM
Video Assessment of Stormwater Lines
c459
E4FF
STIR
15th St. SW Walkway (Edmonds Way to 8th Ave)
c424
E3DC
STIR
2014 Chip Seals
c451
E4CB
STIR
2014 Overlay Program
c438
E4CA
STIR
2015 Overlay Program
c463
E5CA
STIR
2015 Traffic Calming
c471
E5AB
Revised 7/28/2016 Packet Pg. 79
4.3.b
PROJECT NUMBERS (By Project Title)
Project
Engineering
Accounting
Project
Funding
Proiect Title
Number
Number
STR
2016 Overlay Program
i008
E6CA
STR
220th Street Overlay Project
c462
E4CD
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
STR
76th Ave W at 212th St SW Intersection Improvements
c368
ElCA
STR
9th Avenue Improvement Project
c392
E2AB
STR
ADA Curb Ramp Upgrades along 3rd Ave S
c426
E3DE
STR
ADA Transition Plan
s016
E6DB
STR
Bikelink Project
c474
E5DA
STR
Five Corners Roundabout (212th Street SW @ 84th Avenue W)
c342
E1AA
STR
Hwy 99 Enhancements (Phase III)
c405
E2AD
STR
SR104 Corridor Transportation Study
c427
E3AB
STR
SR104/City Park Mid -Block Crossing
c454
E4DB
STR
SR99 Safety Improvements (224th to 216th)
s014
E6AA
STR
Sunset Walkway Improvements
c354
E1 DA
STR
Trackside Warning System
c470
E5AA
STR
Train Trench - Concept
c453
E4DA
STR
Transportation Plan Update
c391
E2AA
SWR
2013 Sewerline Replacement Project
c398
E3GA
SWR
2015 Sewerline Overlays
i007
E5CC
SWR
2015 Sewerline Replacement Project
c441
E4GA
SWR
2016 Sanitary Sewer Replacement Projects
c469
E5GA
SWR
2016 Sewerline Overlays
i010
E6CC
SWR
2017 Sanitary Sewer Replacement Project
i013
E6GA
SWR
Citywide CIPP Sewer Rehab Phase I
c456
E4GB
SWR
Citywide Cl PP Sewer Rehab Phase II
c488
E6GB
SWR
Lake Ballinger Trunk Sewer Study
sol 1
E5GB
SWR
Lift Station #1 Basin & Flow Study
c461
E4GC
UTILITIES
Standard Details Updates
solo
E5NA
UTILITIES
Utility Rate Update
s013
E6JA
WTR
2014 Waterline Overlays
c452
E4CC
WTR
2015 Waterline Overlays
c475
E5CB
WTR
2015 Waterline Replacement Program
c440
E4JB
WTR
2016 Water Comp Plan Update
c460
E4JC
WTR
2016 Waterline Overlays
i009
E6CB
WTR
2016 Waterline Replacement Projects
c468
E5JA
WTR
2017 Waterline Replacement Projects
i014
E6JB
WTR
224th Waterline Relocation (2013)
c418
E3JB
WTR
Dayton St. Utility Replacement Project (3rd Ave to 9th Ave)
c482
E5JB
WTR
Five Corners Reservoir Re -coating
c473
E5KA
Revised 7/28/2016 Packet Pg. 80
4.3.b
PROJECT NUMBERS (By Project Title)
Project
Engineering
Accounting
Project
Funding Proiect Title
Number
Number
WWTP Sewer Outfall Groundwater Monitoring
c446
E4HA
WWTP WWTP Outfall Pipe Modifications
c481
E5HA
Revised 7/28/2016 Packet Pg. 81
4.4
City Council Agenda Item
Meeting Date: 08/2/2016
Approve Engagement of Northwest Municipal Advisors for 2016 Financial Advisory Services
Staff Lead: Scott James
Department: Administrative Services
Preparer: Scott James
Background/History
In 2007, the City issued $5,230,000 of LTGO bonds to finance general City purposes to provide funds
with which to (a) repay and redeem the City's Water and Sewer Revenue Bond Anticipation Note, 2005
and its Limited Tax General Obligation Bond Anticipation Note, 2006; (b) pay or reimburse the City for
HVAC improvements to City facilities; (c) pay or reimburse the City for the Anderson Center seismic
project; (d) pay or reimburse the City for energy conservation measures; (e) pay or reimburse the City
for utility improvements.
The 2007 Bonds are callable any time after December 1, 2016, and the City has the ability to refinance
these bonds, saving the City taxpayers some money. The par amount of the 2007 Bonds that can be
refunded is $3,120,000. The City's Financial Advisor, Northwest Municipal Advisors, formally A. Dashen
and Associates, estimates that the savings from this refunding can total $349,000.
Staff Recommendation
Staff asks Council to:
Approve the Mayor or his designee to engage Northwest Municipal Advisors for their financial advisory
services. Northwest Municipal Advisors' Engagement letter for Financial Advisory Services is attached.
Narrative
The City can either refinance the 2007 Bonds through a bond issue or through a bank loan. Typically,
bond issues work better for larger par amounts. Given the size of the 2007 Bond refunding, Northwest
Municipal Advisors has recommended pursuing a bank loan. Additionally, if the City were to use the
bank loan to refinance the bonds, we could lock in interest rates in the next 2 to 4 weeks vs. late
November to early December if we were to issue new bonds to refinance the bonds.
If Council approves the bond refunding via a bank loan, Northwest Municipal Advisors will conduct a
Request for Proposal (RFP) process to secure the best interest rate/fee option for the City.
Attachments:
Agreement to Serve as Financial Advisor - Edmonds - Bond Financing
Foster Pepper Engagement Letter for Bond Counsel Services for 2016
Packet Pg. 82
4.4.a
A/VNORTHWEST
MUNICIPAL ADVISORS
11900 NE I" Street, Suite 300 Bellevue, Washington 98005
July 18, 2016
Mr. Scott James
Finance Director
City of Edmonds
12151" Avenue N
Edmonds, Washington 98020
Re: ENGAGEMENT LETTER FOR FINANCIAL ADVISORY SERVICES
Dear Scott:
This letter and proposal specifies the terms of the engagement between Northwest Municipal Advisors
and the City of Edmonds (the "City") for financial advisory services related to capital planning and
funding for the City. If acceptable to the City, this engagement shall become effective upon acceptance
by the City.
INTRODUCTION TO NORTHWEST MUNICIPAL ADVISORS
Northwest Municipal Advisors ("NWMA") is a financial advisory firm that specializes in assisting public
entities finance projects. We have significant experience in general government and special purpose
district financing.
As a firm we do not sell or underwrite securities or bonds but only serve in an advisory role. This allows
us to avoid a potential conflict of interest in providing advice to a bond issuer.
NWMA is a registered municipal advisor with the Securities and Exchange Commission ("SEC") and the
Municipal Securities Rulemaking Board ("MSRB"). As such, NWMA has a fiduciary dutyto our clients and
shall act and provide advice in a manner it believes to be in the best interest of its clients.
As financial advisor, our most important responsibility is to provide sound advice to our clients, and our
preference is to be involved in all aspects of a financing, ranging from up -front planning and
identification of financing options to the actual sale, pricing and closing of a bond issue or other
financing. We work with all of the bond counsel and underwriter firms in the Northwest, with many of
the national underwriting firms, with regional and national banking institutions, and have good
relationships with the bond rating agencies.
Packet Pg. 83
4.4.a
A/V
SCOPE OF SERVICES
NWMA will serve as financial advisor for the City's financing needs and provide the following services:
• Provide advice on all aspects of any proposed capital financing. Develop practical solutions to
the City's financing requirements in order to achieve the most advantageous financing.
• Assume overall responsibility for developing and implementing any financing undertaken by
the City, in close coordination with the City and the City's bond counsel.
• If it is determined that the best financing for the City is a bond issue, recommend whether the
bonds should be sold through a competitive sale or negotiated sale. Such recommendation
will take into account the complexity of the financing, conditions in the bond market, and other
factors that may affect the results of the bond sale.
• If a commercial bank loan is the best form of financing, assist the City in the selection of a
commercial bank. Interest rates and terms and conditions can vary significantly from bank to
bank, so contacting a number of banks in this process will be beneficial to the City.
• When applicable, recommend whetherthe City should sell revenue bonds or general obligation
bonds.
• Make recommendations on the timing, sizing, maturity structure, call provisions and other
details of bond issues.
• Assume responsibility for coordinating the City's bond rating and bond insurance (if applicable)
applications and presentations.
• When appropriate, analyze alternatives and make recommendations relative to interim
financing. Assist with interim financing when requested by the City.
• Provide comments to the City's bond counsel related to the bond ordinance and other
financing documents. Review and provide comments to the official statement for the bonds.
• Provide complete sets of preliminary and final bond financing numbers to the City, in a format
readily usable by City staff.
• In the event of a negotiated bond sale, represent the City during the bond pricing by the
underwriter, and assist in "negotiating" the terms of the financing, including interest rates,
yields, call provisions, fees & charges and other parameters related to the sale of the bonds.
Recommend to the City whether or not to accept the offer of the underwriter to purchase the
bonds.
• To the extent that variable rate bonds are issued, assist the City in negotiating the letter of
credit and other parameters of the variable rate financing.
• If acting in the capacity of an Independent Registered Municipal Advisor ("IRMA") with regard
to the IRMA exemption of the SEC Rule, NWMA will review all third party recommendations
submitted to NWMA in writing by the City.
• Provide other services typically expected of a full service financial advisor on a bond sale.
Packet Pg. 84
4.4.a
A/V
On an ongoing basis, NWMA will maintain debt service records on all outstanding City debt. As we
monitor the market, we will:
• Review and analyze implications for the City's debt profile in response to proposed changes to
federal, state, and local tax and finance laws (if any);
• Keep tabs on current interest rates and bond structures in the market; and
• Bring to the City's attention when market conditions allow for the City to best take advantage
of refunding opportunities.
From time to time, the City may receive unsolicited proposals from investment bankers. We will
conduct analyses to ensure that the structures, terms, costs, and parameters of any proposed issues
are consistent with the City's best interests, and in line with industry practices.
FEES AND CHARGES
For bond financing services, our fee for services is dependent on our involvement as financial advisor
and the fees shown below are not -to -exceed amounts. We do not want to duplicate work done by the
underwriter on a bond sale. To the extent the underwriter, if a negotiated sale, or bond counsel does
more of the work, our fees would be adjusted accordingly.
For a fee schedule, we are proposing that our work as financial advisor be separated into two
categories: bond financing services and general financial advisory services. We prefer to bill based on
a fee basis for the bonds, but would consider all hourly billing at the preference of the City.
Bond Financing Services
For competitive and negotiated bond sales where we have primary responsibility for coordinating the
financing, working with the rating agencies and structuring the bond issue, the fee schedule would be
as follows. These are not -to -exceed amounts and can be reduced depending on the difficulty of the
issue and the time involved. Also, if the City does a bank placement in lieu of a bond issue, the fees
would be reduced.
• For issues up to $40 million, $1.00 per $1,000 par amount of bonds, with a minimum fee of up
to $15,000 (subject to reduction for small issues).
• For issues from $40 million to $60 million, $40,000 plus $0.50 per $1,000 par amount of bonds
over $40 million.
• For issues over $60 million, $50,000 plus $0.25 per $1,000 par amount of bonds over $60 million
up to an agreed upon cap.
• For preparing the preliminary and final official statements, the fee will not exceed $10,000.
NWMA will be reimbursed for direct out-of-pocket expenses. These expenses may include, but are not
limited to: mileage; long distance charges; travel expenses; overnight delivery charges; printing; and
photocopying.
Packet Pg. 85
4.4.a
A/V
General Financial Advisory Services
Compensation for other services shall be on an hourly basis. However, no work on an hourly basis shall
be commenced without prior approval by the District. We charge $295 per hour for principals and $195
for financial advisor staff.
FIDUCIARY DUTY
NWMA is registered as a Municipal Advisor with the SEC. As such, NWMA has a Fiduciary duty to the City
and must provide both a Duty of Care and a Duty of Loyalty that entails the following.
Duty of Care
a) exercise due care in performing its municipal advisory activities;
b) possess the degree of knowledge and expertise needed to provide the City with informed
advice;
c) make a reasonable inquiry as to the facts that are relevant to the City's determination as to
whether to proceed with a course of action or that form the basis for any advice provided to the
City; and
d) undertake a reasonable investigation to determine that NWMA is not forming any
recommendation on materially inaccurate or incomplete information; NWMA must have a
reasonable basis for:
any advice provided to or on behalf of the City;
ii. any representations made in a certificate that it signs that will be reasonably
foreseeably relied upon by the City, any other party involved in the municipal securities
transaction or municipal financial product, or investors in the City securities; and
iii. any information provided to the City or other parties involved in the municipal
securities transaction in connection with the preparation of an official statement.
Duty of Loyalty
NWMA must deal honestly and with the utmost good faith with the City and act in the City's best
interests without regard to the financial or other interests of NWMA. NWMA will eliminate or provide
full and fair disclosure (included herein) to the City about each material conflict of interest (as
applicable). NWMA will not engage in municipal advisory activities with the City as a municipal entity if
it cannot manage or mitigate its conflicts in a mannerthat will permit it to act in the City's best interests.
CONFLICTS OF INTEREST AND OTHER MATTERS REQUIRING DISCLOSURES
• As of the date of the Agreement, except as disclosed below NWMA is not aware of actual or
potential conflicts of interest that NWMA that might impair its ability to render unbiased and
competent advice or to fulfill its fiduciary duty, except as discussed. If NWMA becomes aware
of any other potential conflict of interest that arise after this disclosure, NWMA will disclose the
detailed information in writing to the City in a timely manner.
• NWMA is compensated for municipal advisory activities to be performed that is contingent on
the size or closing of any transactions as to which NWMA is providing advice which can be a
conflict of interest.
Packet Pg. 86
4.4.a
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• The fee paid to NWMA increases the cost of investment to the City. The increased cost occurs
from compensating NWMA for municipal advisory services provided.
• NWMA does not have any other engagements or relationships that might impair NWMA's ability
either to render unbiased and competent advice to or on behalf of the City or to fulfill its
fiduciary duty to the City, as applicable.
• NWMA does not act as principal in any of the transactions related to this Agreement.
• During the term of the municipal advisory relationship, this agreement will be promptly
amended or supplemented to reflect any material changes in or additions to the terms or
information within this agreement and the revised writing will be promptly delivered to the
City.
• NWMA does not have any affiliate that provides any advice, service, or product to or on behalf
of the client that is directly or indirectly related to the municipal advisory activities to be
performed by NWMA.
• NWMA has not made any payments directly or indirectly to obtain or retain the City's municipal
advisory business.
• NWMA has not received any payments from third parties to enlist NWMA recommendation to
the City of its services, any municipal securities transaction or any municipal finance product;
• NWMA has not engaged in any fee -splitting arrangements involving NWMA and any provider of
investments or services to the City.
• NWMA does not have any legal or disciplinary event that is material to the City's evaluation of
the municipal advisory or the integrity of its management or advisory personnel.
• NWMA is not involved in the underwriting of bonds and is not associated with any underwriting
firm which eliminates any conflicts of interest related to underwriter selection or underwriter
compensation.
• NWMA serves as financial advisor to Snohomish County and Mukilteo School District.
LEGAL EVENTS AND DISCIPLINARY HISTORY
NWMA does not have any legal events and disciplinary history on its Form MA and Form MA-1, which
includes information about any criminal actions, regulatory actions, investigations, terminations,
judgments, liens, civil judicial actions, customer complaints, arbitrations and civil litigation. The City
may electronically access NWMA's most recent Form MA and each most recent Form MA -I filed with the
Commission at the following website: www.sec.govzedgar/searchedgar/companysearch.htmi.
There have been no material changes to a legal or disciplinary event disclosure on any Form MA or
Form MA -I filed with the SEC.
RECOMMENDATIONS
If NWMA makes a recommendation of a municipal securities transaction or municipal financial product
or if the review of a recommendation of another party is requested in writing by the City and is within
the scope of the engagement, NWMA will determine, based on the information obtained through
Packet Pg. 87
4.4.a
A/V
reasonable diligence of NWMA whether a municipal securities transaction or municipal financial
product is suitable for the City. In addition, NWMA will inform the City of:
• the evaluation of the material risks, potential benefits, structure, and other characteristics of
the recommendation;
• the basis upon which NWMA reasonably believes that the recommended municipal securities
transaction or municipal financial product is, or is not, suitable for the City; and
• whether NWMA has investigated or considered other reasonably feasible alternatives to the
recommendation that might also or alternatively serve the City's objectives.
If the City elects a course of action that is independent of or contrary to the advice provided by NWMA,
NWMA is not required on that basis to disengage from the City.
RECORD RETENTION
Effective July 1, 2014, pursuant to the SEC record retention regulations, NWMA is required to maintain
in writing, all communication and created documents between NWMA and the City for 5 years.
TERM OF AGREEMENT
This agreement shall remain in effect unless terminated by either party. In the event of termination,
NWMA shall be reimbursed for expenses incurred to the date of termination.
LIMITATION OF LIABILITY
Liability of NWMA under this agreement shall be limited to fees paid.
APPROVAL OF AGREEMENT
If this agreement is satisfactory to the City, please sign and return to NWMA.
We look forward to working with the City to meet your financing needs. If you have any questions
regarding this proposal, please do not hesitate to call.
Sincerely,
Accepted and approved by the City of Edmonds
This _____ day of .......... __. 2016.
0
Packet Pg. 88
4.4.b
FOSTER PEPPER,.,,
July 20, 2016
Mr. Scott James
Finance Director
City of Edmonds
121 5th Avenue North
Edmonds, Washington 98020
Phone (206) 447-7888
E-Mail marc.greenough@foster.com
Re: Engagement for Bond Counsel Services for 2016
Dear Scott:
We appreciate the opportunity to serve the City of Edmonds, Washington (the "City") from time to time
as Bond Counsel and as Special Counsel. This letter confirms our representation of the City in connection
with the proposed refunding of the City's Limited Tax General Obligation Bonds, 2007 and other bonds
that may be issued during 2016.
Scope of Engagement and Fees.
As Bond Counsel, we would expect to perform the duties set forth in the attached "Bond Counsel Scope
of Services" (Attachment 1). Each bond opinion will be based on facts and law existing as of its date. In
rendering our bond opinion, we will rely upon the certified proceedings and other certifications of public
officials and other persons furnished to us without undertaking to verify the same by independent
investigation, and we will assume continuing compliance by the City after the Bonds are issued with
applicable laws relating to the Bonds. Upon the closing of the Bonds we will prepare and distribute to the
participants in the transaction a transcript of the proceedings pertaining to the Bonds. During the course of
this engagement, we will rely on the City to provide us with complete and timely information on all
developments pertaining to any aspect of the Bonds and their security. We understand that officials and
employees of the City will cooperate with us in this regard.
For work performed as Bond Counsel, we normally charge the City a flat fee based on our standard bond
counsel fee schedule, which takes into account the size and complexity of the transaction. For bonds
issued in 2016, our fees would be based on the formulas in the table below, which are unchanged from
2015:
General Obligation Bonds
Par Amount Base Fee Fee per additional $1,000 par amount
Under $1 MM
$ 9,500
$1 MM to $4.99 MM
11,200
+ $2.50 per $1,000 above $1 million
$5 MM to $9.99 MM
21,200
+ $1.85 per thousand above $5 million
$10 MM to $24.99 MM
30,450
+ $1.50 per thousand above $10 million
$25 MM to $49.99 MM
52,950
+ $0.90 per thousand above $25 million
Above $50 MM
75,450
+ negotiable
1111 Third Avenue, Suite 3000, Seattle, Washington 98101-3299 tel: 206.447.4400 fax: 206.447.9700
51538434 1 foster.com I Packet Pg. 89
4.4.b
Mr. Scott James
July 20, 2016
Page 2
Utility Revenue Bonds
Par Amount
Under $1 MM
$1 MM to $4.99 MM
$5 MM to $9.99 MM
$10 MM to $24.99 MM
$25 MM to $49.99 MM
Above $50 MM
Base Fee
Fee per additional $1,000 par amount
$ 12,350
14,550
+ $3.25 per $1,000 above $1 million
27,550
+ $2.40 per thousand above $5 million
39,550
+ $1.95 per thousand above $10 million
68,850
+ $1.15 per thousand above $25 million
98,050
+ negotiable
Fees would be rounded to the nearest $50. For refunding bonds, we would add 10% to the fee as
calculated above. We will charge the bond counsel fee only if and when the bonds are issued. If the bonds
are not issued by the end of 2016, we would expect to be compensated on an hourly basis at our normal
hourly rates for the work that we have performed in an amount not to exceed the fees calculated using the
tables above.
If we are requested by the City to perform additional services beyond those described in the Scope of
Bond Counsel Services, or if for any reason the financing represented by the Bonds is not closed or is
completed without the delivery of our bond opinion as Bond Counsel or our services are otherwise
terminated, we would expect to be compensated at our normal hourly rates for time actually devoted to
handling such matters for the City.
Conflicts of Interest.
As you know, our firm represents many political subdivisions, companies and individuals. It is possible
that during the time that we are representing the City, one or more of our present or future clients will
have transactions with the City. As the City is aware, we have in the past represented the Edmonds Public
Facilities District as bond counsel and on general matters, pursuant to written waivers by the City and the
District. In addition, as we have noted in our prior engagement letters for bond counsel services, the land
use and real estate lawyers in our firm may from time to time represent other clients on matters relating to
projects located in the City of Edmonds. Typically, these are matters that do not involve our municipal or
public finance lawyers and are unrelated to our bond counsel work. Nevertheless, such representations
might be viewed as conflicts of interest under the Rules of Professional Responsibility applicable to
attorneys. We are not aware of any currently active matters involving the City of Edmonds for which land
use and real estate lawyers in our firm are representing other clients, but it is possible that such matters
could arise in the future.
Finally, from time to time we represent the underwriters who may underwrite the City's bonds or
financial institutions who may purchase the City's bonds in transactions involving issuers other than the
City.
The Rules of Professional Conduct allow clients to waive conflicts of interest when a lawyer reasonably
believes that the lawyer will be able to provide competent and diligent representation to each affected
client, the representation is not prohibited by law, the representation does not involve the assertion of a
claim by one client against another client represented by the lawyer in the same litigation or other
proceeding before a tribunal and each affected client gives informed consent, confirmed in writing. We
have considered the potential for future conflicts of the type described above, and we believe that it is
appropriate to ask for confirmation of the waivers described above. One of the primary risks associated
51538434 1 1 Packet Pg. 90
4.4.b
Mr. Scott James
July 20, 2016
Page 3
with waivers of conflicts of interest is the risk that confidential information of one client will be disclosed
to the other client, to the disadvantage of the first client. We believe that risk will not be present in any
future land use and real estate work because the lawyers in our firm who may assist those clients in the
future are not the same lawyers who will work with the City on this bond issue or other public finance
matters. With respect to our representation of underwriters, when we serve as bond counsel to the City, we
rarely obtain confidential information that could be disclosed to the disadvantage of City in connection with
an underwriter in an unrelated transaction. Such information generally is shared with the City's underwriters
or investors pursuant to state and federal securities disclosure laws and regulations. However, we will
consult with you prior to proceeding with any such representation where the City's interests may be
adverse.
If the terms of this letter are acceptable and the City is also willing to waive the conflicts (or potential
conflicts) described above, I would appreciate it if you would have the enclosed copy of this letter signed
by you or another appropriate City official and returned to me at your convenience. We look forward to
working with all involved in this financing. Please call whenever there are questions, or if we might be
able to assist the City.
Very truly yours,
FOSTER PEPPER PLLC
Marc R. Greenough
cc: Jeff Taraday, City Attorney
APPROVED AND ACCEPTED:
CITY OF EDMONDS
51
Title:
51538434 1 Packet Pg. 91
4.4.b
Attachment 1
BOND COUNSEL SCOPE OF SERVICES
FOSTER PEPPER PLLC
A. BOND COUNSEL SERVICES
The services that Foster Pepper PLLC will provide as bond counsel to the City include:
1. Advising the City and its consultants on legal requirements applicable to a proposed financing
and, when requested, participating with those consultants and the City's staff in structuring the
financing of the project;
2. Reviewing the transcripts relating to the prior issuance by the City of related outstanding
obligations to assure conformity of the Bonds with applicable covenants and conditions;
3. Based on facts provided by the City and its consultants, performing the necessary legal analysis to
determine whether interest on the Bonds will qualify for an exclusion from gross income for
federal income tax purposes, and preparing tax exemption and nonarbitrage certificates;
4. Drafting the documents necessary to authorize the Bonds;
5. Attending certain meetings and participating in conference calls relating to the issuance and sale
of the Bonds;
Forwarding financing documents to bond rating agencies and bond insurers, when requested by
the City, and explaining those documents to agency and insurer representatives;
7. When requested by the City or its consultants, reading those portions of drafts of the official
statement, offering circular or other sales material relating to the Bonds prepared by the City or
its consultants necessary to assure the accuracy only of the description of the Bonds, the source of
payment and security for the Bonds, any continuing disclosure undertaking and the federal tax
treatment of the interest on the Bonds;
Preparing closing papers necessary to support the issuance of the Bonds and assembling the
transcript after the closing; and
9. Subject to the completion of proceedings to our satisfaction, furnishing the firm's approving bond
opinion regarding the validity and binding effect of the Bonds and the excludability of interest on
the Bonds from gross income for federal income tax purposes.
B. OTHER SERVICES
The services described above do not include the following additional bond and project -related work for
the City, which we would be pleased to perform on request. The provision of these services involves
appropriate fee arrangements.
1. The drafting or review for sufficiency of any environmental impact statements or other evidence
of compliance with the state and federal environmental laws and regulations;
2. The drafting or review for accuracy of portions of any official statement, offering circular or other
sales material relating to the issuance of the Bonds prepared by the City or its consultants or
otherwise used in connection with the Bonds, other than the review of those portions of the
official statement describing the Bonds, the source of payment and security for the Bonds, any
51538434 1 Packet Pg. 92
0
Attachment 1
continuing disclosure undertaking and the expected federal tax treatment of the interest on the
Bonds included in our services as bond counsel (See item A.7 above);
3. Providing advice to the City or its consultants regarding the applicability of the registration
requirements under federal or state securities laws or regarding federal and state securities
disclosure requirements or due diligence review;
4. Drafting of bond purchase agreements;
Negotiation and drafting of repurchase agreements, investment contracts, custodial agreements,
swap agreements, credit enhancement or liquidity facilities (other than bond insurance), and
contracts, or disputes or litigation in connection therewith;
6. Preparation of supplemental opinions;
7. Attending rating agency meetings in connection with the issuance of Bonds;
8. Drafting or obtaining state or federal legislation;
9. Drafting entity formation documents;
10. Participating in administrative proceedings, trial or appellate litigation;
11. Work in connection with seeking or obtaining governmental assistance or approvals from
governmental agencies other than the City necessary for carrying out the purposes of the Bond
issue;
12. Providing services relating to public works bidding, negotiating design or construction contracts,
or carrying out the acquisition of property or the construction of the project;
13. Representing the City in Internal Revenue Service examinations or inquiries, or Securities and
Exchange Commission investigations;
14. After closing, providing continuing advice to the City or any other party concerning any actions
necessary to assure that interest paid on the Bonds will continue to be excludable from gross
income for federal income tax purposes (e.g., our engagement as bond counsel does not include
rebate calculations for the Bonds or dealing with changes of use or delay in the expenditure of
proceeds);
15. Assisting the City with any continuing disclosure obligations consistent with applicable securities
laws; or
16. Addressing any other matter not specifically set forth above that is not required to furnish our
bond opinion.
C. FILE MANAGEMENT
After the transaction is concluded, we will deliver to the City a complete copy of the transcript of the
transaction. A transcript is delivered generally within 30 to 60 days after closing. We then close our files
regarding the matter, and our representation on the transaction is completed. Additional services after
closing would be addressed under Part B above.
51538434 1 1 Packet Pg. 93
4.5
City Council Agenda Item
Meeting Date: 08/2/2016
Approve of Engagement of Foster Pepper for Bond Counsel Services for 2016
Staff Lead: Scott James
Department: Administrative Services
Preparer: Scott James
Background/History
In 2007, the City issued $5,230,000 of LTGO bonds to finance general City purposes to provide funds
with which to (a) repay and redeem the City's Water and Sewer Revenue Bond Anticipation Note, 2005
and its Limited Tax General Obligation Bond Anticipation Note, 2006; (b) pay or reimburse the City for
HVAC improvements to City facilities; (c) pay or reimburse the City for the Anderson Center seismic
project; (d) pay or reimburse the City for energy conservation measures; (e) pay or reimburse the City
for utility improvements.
The 2007 Bonds are callable any time after December 1, 2016, and the City has the ability to refinance
these bonds, saving the City taxpayers some money. The par amount of the 2007 Bonds that can be
refunded is $3,120,000. The City's Financial Advisor, Northwest Municipal Advisors, formally A. Dashen
and Associates, estimates that the savings from this refunding can total $349,000.
Staff Recommendation
Approve the Mayor to engage Foster Pepper and Bond Counsel services to draft the bond refunding
documents as outlined in the attached Foster Pepper Engagement for Bond Counsel Services letter.
Narrative
The City can either refinance the 2007 Bonds through a bond issue or through a bank loan. Typically,
bond issues work better for larger par amounts. Given the size of the 2007 Bond refunding, Northwest
Municipal Advisors has recommended pursuing a bank loan. Additionally, if the City were to use the
bank loan to refinance the bonds, we could lock in interest rates in the next 2 to 4 weeks vs. late
November to early December if we were to issue new bonds to refinance the bonds.
If Council approves the bond refunding via a bank loan, Northwest Municipal Advisors will conduct a
Request for Proposal (RFP) process to secure the best interest rate/fee option for the City.
Attachments:
Agreement to Serve as Financial Advisor - Edmonds - Bond Financing
Foster Pepper Engagement Letter for Bond Counsel Services for 2016
Packet Pg. 94
4.5.a
A/VNORTHWEST
MUNICIPAL ADVISORS
11900 NE I" Street, Suite 300 Bellevue, Washington 98005
July 18, 2016
Mr. Scott James
Finance Director
City of Edmonds
12151" Avenue N
Edmonds, Washington 98020
Re: ENGAGEMENT LETTER FOR FINANCIAL ADVISORY SERVICES
Dear Scott:
This letter and proposal specifies the terms of the engagement between Northwest Municipal Advisors
and the City of Edmonds (the "City") for financial advisory services related to capital planning and
funding for the City. If acceptable to the City, this engagement shall become effective upon acceptance
by the City.
INTRODUCTION TO NORTHWEST MUNICIPAL ADVISORS
Northwest Municipal Advisors ("NWMA") is a financial advisory firm that specializes in assisting public
entities finance projects. We have significant experience in general government and special purpose
district financing.
As a firm we do not sell or underwrite securities or bonds but only serve in an advisory role. This allows
us to avoid a potential conflict of interest in providing advice to a bond issuer.
NWMA is a registered municipal advisor with the Securities and Exchange Commission ("SEC") and the
Municipal Securities Rulemaking Board ("MSRB"). As such, NWMA has a fiduciary dutyto our clients and
shall act and provide advice in a manner it believes to be in the best interest of its clients.
As financial advisor, our most important responsibility is to provide sound advice to our clients, and our
preference is to be involved in all aspects of a financing, ranging from up -front planning and
identification of financing options to the actual sale, pricing and closing of a bond issue or other
financing. We work with all of the bond counsel and underwriter firms in the Northwest, with many of
the national underwriting firms, with regional and national banking institutions, and have good
relationships with the bond rating agencies.
Packet Pg. 95
4.5.a
A/V
SCOPE OF SERVICES
NWMA will serve as financial advisor for the City's financing needs and provide the following services:
• Provide advice on all aspects of any proposed capital financing. Develop practical solutions to
the City's financing requirements in order to achieve the most advantageous financing.
• Assume overall responsibility for developing and implementing any financing undertaken by
the City, in close coordination with the City and the City's bond counsel.
• If it is determined that the best financing for the City is a bond issue, recommend whether the
bonds should be sold through a competitive sale or negotiated sale. Such recommendation
will take into account the complexity of the financing, conditions in the bond market, and other
factors that may affect the results of the bond sale.
• If a commercial bank loan is the best form of financing, assist the City in the selection of a
commercial bank. Interest rates and terms and conditions can vary significantly from bank to
bank, so contacting a number of banks in this process will be beneficial to the City.
• When applicable, recommend whetherthe City should sell revenue bonds or general obligation
bonds.
• Make recommendations on the timing, sizing, maturity structure, call provisions and other
details of bond issues.
• Assume responsibility for coordinating the City's bond rating and bond insurance (if applicable)
applications and presentations.
• When appropriate, analyze alternatives and make recommendations relative to interim
financing. Assist with interim financing when requested by the City.
• Provide comments to the City's bond counsel related to the bond ordinance and other
financing documents. Review and provide comments to the official statement for the bonds.
• Provide complete sets of preliminary and final bond financing numbers to the City, in a format
readily usable by City staff.
• In the event of a negotiated bond sale, represent the City during the bond pricing by the
underwriter, and assist in "negotiating" the terms of the financing, including interest rates,
yields, call provisions, fees & charges and other parameters related to the sale of the bonds.
Recommend to the City whether or not to accept the offer of the underwriter to purchase the
bonds.
• To the extent that variable rate bonds are issued, assist the City in negotiating the letter of
credit and other parameters of the variable rate financing.
• If acting in the capacity of an Independent Registered Municipal Advisor ("IRMA") with regard
to the IRMA exemption of the SEC Rule, NWMA will review all third party recommendations
submitted to NWMA in writing by the City.
• Provide other services typically expected of a full service financial advisor on a bond sale.
Packet Pg. 96
4.5.a
A/V
On an ongoing basis, NWMA will maintain debt service records on all outstanding City debt. As we
monitor the market, we will:
• Review and analyze implications for the City's debt profile in response to proposed changes to
federal, state, and local tax and finance laws (if any);
• Keep tabs on current interest rates and bond structures in the market; and
• Bring to the City's attention when market conditions allow for the City to best take advantage
of refunding opportunities.
From time to time, the City may receive unsolicited proposals from investment bankers. We will
conduct analyses to ensure that the structures, terms, costs, and parameters of any proposed issues
are consistent with the City's best interests, and in line with industry practices.
FEES AND CHARGES
For bond financing services, our fee for services is dependent on our involvement as financial advisor
and the fees shown below are not -to -exceed amounts. We do not want to duplicate work done by the
underwriter on a bond sale. To the extent the underwriter, if a negotiated sale, or bond counsel does
more of the work, our fees would be adjusted accordingly.
For a fee schedule, we are proposing that our work as financial advisor be separated into two
categories: bond financing services and general financial advisory services. We prefer to bill based on
a fee basis for the bonds, but would consider all hourly billing at the preference of the City.
Bond Financing Services
For competitive and negotiated bond sales where we have primary responsibility for coordinating the
financing, working with the rating agencies and structuring the bond issue, the fee schedule would be
as follows. These are not -to -exceed amounts and can be reduced depending on the difficulty of the
issue and the time involved. Also, if the City does a bank placement in lieu of a bond issue, the fees
would be reduced.
• For issues up to $40 million, $1.00 per $1,000 par amount of bonds, with a minimum fee of up
to $15,000 (subject to reduction for small issues).
• For issues from $40 million to $60 million, $40,000 plus $0.50 per $1,000 par amount of bonds
over $40 million.
• For issues over $60 million, $50,000 plus $0.25 per $1,000 par amount of bonds over $60 million
up to an agreed upon cap.
• For preparing the preliminary and final official statements, the fee will not exceed $10,000.
NWMA will be reimbursed for direct out-of-pocket expenses. These expenses may include, but are not
limited to: mileage; long distance charges; travel expenses; overnight delivery charges; printing; and
photocopying.
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General Financial Advisory Services
Compensation for other services shall be on an hourly basis. However, no work on an hourly basis shall
be commenced without prior approval by the District. We charge $295 per hour for principals and $195
for financial advisor staff.
FIDUCIARY DUTY
NWMA is registered as a Municipal Advisor with the SEC. As such, NWMA has a Fiduciary duty to the City
and must provide both a Duty of Care and a Duty of Loyalty that entails the following.
Duty of Care
a) exercise due care in performing its municipal advisory activities;
b) possess the degree of knowledge and expertise needed to provide the City with informed
advice;
c) make a reasonable inquiry as to the facts that are relevant to the City's determination as to
whether to proceed with a course of action or that form the basis for any advice provided to the
City; and
d) undertake a reasonable investigation to determine that NWMA is not forming any
recommendation on materially inaccurate or incomplete information; NWMA must have a
reasonable basis for:
any advice provided to or on behalf of the City;
ii. any representations made in a certificate that it signs that will be reasonably
foreseeably relied upon by the City, any other party involved in the municipal securities
transaction or municipal financial product, or investors in the City securities; and
iii. any information provided to the City or other parties involved in the municipal
securities transaction in connection with the preparation of an official statement.
Duty of Loyalty
NWMA must deal honestly and with the utmost good faith with the City and act in the City's best
interests without regard to the financial or other interests of NWMA. NWMA will eliminate or provide
full and fair disclosure (included herein) to the City about each material conflict of interest (as
applicable). NWMA will not engage in municipal advisory activities with the City as a municipal entity if
it cannot manage or mitigate its conflicts in a mannerthat will permit it to act in the City's best interests.
CONFLICTS OF INTEREST AND OTHER MATTERS REQUIRING DISCLOSURES
• As of the date of the Agreement, except as disclosed below NWMA is not aware of actual or
potential conflicts of interest that NWMA that might impair its ability to render unbiased and
competent advice or to fulfill its fiduciary duty, except as discussed. If NWMA becomes aware
of any other potential conflict of interest that arise after this disclosure, NWMA will disclose the
detailed information in writing to the City in a timely manner.
• NWMA is compensated for municipal advisory activities to be performed that is contingent on
the size or closing of any transactions as to which NWMA is providing advice which can be a
conflict of interest.
Packet Pg. 98
4.5.a
A/V
• The fee paid to NWMA increases the cost of investment to the City. The increased cost occurs
from compensating NWMA for municipal advisory services provided.
• NWMA does not have any other engagements or relationships that might impair NWMA's ability
either to render unbiased and competent advice to or on behalf of the City or to fulfill its
fiduciary duty to the City, as applicable.
• NWMA does not act as principal in any of the transactions related to this Agreement.
• During the term of the municipal advisory relationship, this agreement will be promptly
amended or supplemented to reflect any material changes in or additions to the terms or
information within this agreement and the revised writing will be promptly delivered to the
City.
• NWMA does not have any affiliate that provides any advice, service, or product to or on behalf
of the client that is directly or indirectly related to the municipal advisory activities to be
performed by NWMA.
• NWMA has not made any payments directly or indirectly to obtain or retain the City's municipal
advisory business.
• NWMA has not received any payments from third parties to enlist NWMA recommendation to
the City of its services, any municipal securities transaction or any municipal finance product;
• NWMA has not engaged in any fee -splitting arrangements involving NWMA and any provider of
investments or services to the City.
• NWMA does not have any legal or disciplinary event that is material to the City's evaluation of
the municipal advisory or the integrity of its management or advisory personnel.
• NWMA is not involved in the underwriting of bonds and is not associated with any underwriting
firm which eliminates any conflicts of interest related to underwriter selection or underwriter
compensation.
• NWMA serves as financial advisor to Snohomish County and Mukilteo School District.
LEGAL EVENTS AND DISCIPLINARY HISTORY
NWMA does not have any legal events and disciplinary history on its Form MA and Form MA-1, which
includes information about any criminal actions, regulatory actions, investigations, terminations,
judgments, liens, civil judicial actions, customer complaints, arbitrations and civil litigation. The City
may electronically access NWMA's most recent Form MA and each most recent Form MA -I filed with the
Commission at the following website: www.sec.govzedgar/searchedgar/companysearch.htmi.
There have been no material changes to a legal or disciplinary event disclosure on any Form MA or
Form MA -I filed with the SEC.
RECOMMENDATIONS
If NWMA makes a recommendation of a municipal securities transaction or municipal financial product
or if the review of a recommendation of another party is requested in writing by the City and is within
the scope of the engagement, NWMA will determine, based on the information obtained through
Packet Pg. 99
4.5.a
A/V
reasonable diligence of NWMA whether a municipal securities transaction or municipal financial
product is suitable for the City. In addition, NWMA will inform the City of:
• the evaluation of the material risks, potential benefits, structure, and other characteristics of
the recommendation;
• the basis upon which NWMA reasonably believes that the recommended municipal securities
transaction or municipal financial product is, or is not, suitable for the City; and
• whether NWMA has investigated or considered other reasonably feasible alternatives to the
recommendation that might also or alternatively serve the City's objectives.
If the City elects a course of action that is independent of or contrary to the advice provided by NWMA,
NWMA is not required on that basis to disengage from the City.
RECORD RETENTION
Effective July 1, 2014, pursuant to the SEC record retention regulations, NWMA is required to maintain
in writing, all communication and created documents between NWMA and the City for 5 years.
TERM OF AGREEMENT
This agreement shall remain in effect unless terminated by either party. In the event of termination,
NWMA shall be reimbursed for expenses incurred to the date of termination.
LIMITATION OF LIABILITY
Liability of NWMA under this agreement shall be limited to fees paid.
APPROVAL OF AGREEMENT
If this agreement is satisfactory to the City, please sign and return to NWMA.
We look forward to working with the City to meet your financing needs. If you have any questions
regarding this proposal, please do not hesitate to call.
Sincerely,
Accepted and approved by the City of Edmonds
This _____ day of .......... __. 2016.
0
Packet Pg. 100
4.5.b
FOSTER PEPPER,.,,
July 20, 2016
Mr. Scott James
Finance Director
City of Edmonds
121 5th Avenue North
Edmonds, Washington 98020
Phone (206) 447-7888
E-Mail marc.greenough@foster.com
Re: Engagement for Bond Counsel Services for 2016
Dear Scott:
We appreciate the opportunity to serve the City of Edmonds, Washington (the "City") from time to time
as Bond Counsel and as Special Counsel. This letter confirms our representation of the City in connection
with the proposed refunding of the City's Limited Tax General Obligation Bonds, 2007 and other bonds
that may be issued during 2016.
Scope of Engagement and Fees.
As Bond Counsel, we would expect to perform the duties set forth in the attached "Bond Counsel Scope
of Services" (Attachment 1). Each bond opinion will be based on facts and law existing as of its date. In
rendering our bond opinion, we will rely upon the certified proceedings and other certifications of public
officials and other persons furnished to us without undertaking to verify the same by independent
investigation, and we will assume continuing compliance by the City after the Bonds are issued with
applicable laws relating to the Bonds. Upon the closing of the Bonds we will prepare and distribute to the
participants in the transaction a transcript of the proceedings pertaining to the Bonds. During the course of
this engagement, we will rely on the City to provide us with complete and timely information on all
developments pertaining to any aspect of the Bonds and their security. We understand that officials and
employees of the City will cooperate with us in this regard.
For work performed as Bond Counsel, we normally charge the City a flat fee based on our standard bond
counsel fee schedule, which takes into account the size and complexity of the transaction. For bonds
issued in 2016, our fees would be based on the formulas in the table below, which are unchanged from
2015:
General Obligation Bonds
Par Amount
Base Fee
Fee per additional $1,000 par amount
Under $1 MM
$ 9,500
$1 MM to $4.99 MM
11,200
+ $2.50 per $1,000 above $1 million
$5 MM to $9.99 MM
21,200
+ $1.85 per thousand above $5 million
$10 MM to $24.99 MM
30,450
+ $1.50 per thousand above $10 million
$25 MM to $49.99 MM
52,950
+ $0.90 per thousand above $25 million
Above $50 MM
75,450
+ negotiable
1111 Third Avenue, Suite 3000, Seattle, Washington 98101-3299 tel: 206.447.4400 fax: 206.447.9700
51538434 1 foster.com I Packet Pg. 101
4.5.b
Mr. Scott James
July 20, 2016
Page 2
Utility Revenue Bonds
Par Amount
Under $1 MM
$1 MM to $4.99 MM
$5 MM to $9.99 MM
$10 MM to $24.99 MM
$25 MM to $49.99 MM
Above $50 MM
Base Fee
Fee per additional $1,000 par amount
$ 12,350
14,550
+ $3.25 per $1,000 above $1 million
27,550
+ $2.40 per thousand above $5 million
39,550
+ $1.95 per thousand above $10 million
68,850
+ $1.15 per thousand above $25 million
98,050
+ negotiable
Fees would be rounded to the nearest $50. For refunding bonds, we would add 10% to the fee as
calculated above. We will charge the bond counsel fee only if and when the bonds are issued. If the bonds
are not issued by the end of 2016, we would expect to be compensated on an hourly basis at our normal
hourly rates for the work that we have performed in an amount not to exceed the fees calculated using the
tables above.
If we are requested by the City to perform additional services beyond those described in the Scope of
Bond Counsel Services, or if for any reason the financing represented by the Bonds is not closed or is
completed without the delivery of our bond opinion as Bond Counsel or our services are otherwise
terminated, we would expect to be compensated at our normal hourly rates for time actually devoted to
handling such matters for the City.
Conflicts of Interest.
As you know, our firm represents many political subdivisions, companies and individuals. It is possible
that during the time that we are representing the City, one or more of our present or future clients will
have transactions with the City. As the City is aware, we have in the past represented the Edmonds Public
Facilities District as bond counsel and on general matters, pursuant to written waivers by the City and the
District. In addition, as we have noted in our prior engagement letters for bond counsel services, the land
use and real estate lawyers in our firm may from time to time represent other clients on matters relating to
projects located in the City of Edmonds. Typically, these are matters that do not involve our municipal or
public finance lawyers and are unrelated to our bond counsel work. Nevertheless, such representations
might be viewed as conflicts of interest under the Rules of Professional Responsibility applicable to
attorneys. We are not aware of any currently active matters involving the City of Edmonds for which land
use and real estate lawyers in our firm are representing other clients, but it is possible that such matters
could arise in the future.
Finally, from time to time we represent the underwriters who may underwrite the City's bonds or
financial institutions who may purchase the City's bonds in transactions involving issuers other than the
City.
The Rules of Professional Conduct allow clients to waive conflicts of interest when a lawyer reasonably
believes that the lawyer will be able to provide competent and diligent representation to each affected
client, the representation is not prohibited by law, the representation does not involve the assertion of a
claim by one client against another client represented by the lawyer in the same litigation or other
proceeding before a tribunal and each affected client gives informed consent, confirmed in writing. We
have considered the potential for future conflicts of the type described above, and we believe that it is
appropriate to ask for confirmation of the waivers described above. One of the primary risks associated
51538434 1 Packet Pg. 102
4.5.b
Mr. Scott James
July 20, 2016
Page 3
with waivers of conflicts of interest is the risk that confidential information of one client will be disclosed
to the other client, to the disadvantage of the first client. We believe that risk will not be present in any
future land use and real estate work because the lawyers in our firm who may assist those clients in the
future are not the same lawyers who will work with the City on this bond issue or other public finance
matters. With respect to our representation of underwriters, when we serve as bond counsel to the City, we
rarely obtain confidential information that could be disclosed to the disadvantage of City in connection with
an underwriter in an unrelated transaction. Such information generally is shared with the City's underwriters
or investors pursuant to state and federal securities disclosure laws and regulations. However, we will
consult with you prior to proceeding with any such representation where the City's interests may be
adverse.
If the terms of this letter are acceptable and the City is also willing to waive the conflicts (or potential
conflicts) described above, I would appreciate it if you would have the enclosed copy of this letter signed
by you or another appropriate City official and returned to me at your convenience. We look forward to
working with all involved in this financing. Please call whenever there are questions, or if we might be
able to assist the City.
Very truly yours,
FOSTER PEPPER PLLC
Marc R. Greenough
cc: Jeff Taraday, City Attorney
APPROVED AND ACCEPTED:
CITY OF EDMONDS
51
Title:
51538434 1 Packet Pg. 103
4.5.b
Attachment 1
BOND COUNSEL SCOPE OF SERVICES
FOSTER PEPPER PLLC
A. BOND COUNSEL SERVICES
The services that Foster Pepper PLLC will provide as bond counsel to the City include:
1. Advising the City and its consultants on legal requirements applicable to a proposed financing
and, when requested, participating with those consultants and the City's staff in structuring the
financing of the project;
2. Reviewing the transcripts relating to the prior issuance by the City of related outstanding
obligations to assure conformity of the Bonds with applicable covenants and conditions;
3. Based on facts provided by the City and its consultants, performing the necessary legal analysis to
determine whether interest on the Bonds will qualify for an exclusion from gross income for
federal income tax purposes, and preparing tax exemption and nonarbitrage certificates;
4. Drafting the documents necessary to authorize the Bonds;
5. Attending certain meetings and participating in conference calls relating to the issuance and sale
of the Bonds;
Forwarding financing documents to bond rating agencies and bond insurers, when requested by
the City, and explaining those documents to agency and insurer representatives;
7. When requested by the City or its consultants, reading those portions of drafts of the official
statement, offering circular or other sales material relating to the Bonds prepared by the City or
its consultants necessary to assure the accuracy only of the description of the Bonds, the source of
payment and security for the Bonds, any continuing disclosure undertaking and the federal tax
treatment of the interest on the Bonds;
Preparing closing papers necessary to support the issuance of the Bonds and assembling the
transcript after the closing; and
9. Subject to the completion of proceedings to our satisfaction, furnishing the firm's approving bond
opinion regarding the validity and binding effect of the Bonds and the excludability of interest on
the Bonds from gross income for federal income tax purposes.
B. OTHER SERVICES
The services described above do not include the following additional bond and project -related work for
the City, which we would be pleased to perform on request. The provision of these services involves
appropriate fee arrangements.
1. The drafting or review for sufficiency of any environmental impact statements or other evidence
of compliance with the state and federal environmental laws and regulations;
2. The drafting or review for accuracy of portions of any official statement, offering circular or other
sales material relating to the issuance of the Bonds prepared by the City or its consultants or
otherwise used in connection with the Bonds, other than the review of those portions of the
official statement describing the Bonds, the source of payment and security for the Bonds, any
51538434 1 Packet Pg. 104
0
Attachment 1
continuing disclosure undertaking and the expected federal tax treatment of the interest on the
Bonds included in our services as bond counsel (See item A.7 above);
3. Providing advice to the City or its consultants regarding the applicability of the registration
requirements under federal or state securities laws or regarding federal and state securities
disclosure requirements or due diligence review;
4. Drafting of bond purchase agreements;
Negotiation and drafting of repurchase agreements, investment contracts, custodial agreements,
swap agreements, credit enhancement or liquidity facilities (other than bond insurance), and
contracts, or disputes or litigation in connection therewith;
6. Preparation of supplemental opinions;
7. Attending rating agency meetings in connection with the issuance of Bonds;
8. Drafting or obtaining state or federal legislation;
9. Drafting entity formation documents;
10. Participating in administrative proceedings, trial or appellate litigation;
11. Work in connection with seeking or obtaining governmental assistance or approvals from
governmental agencies other than the City necessary for carrying out the purposes of the Bond
issue;
12. Providing services relating to public works bidding, negotiating design or construction contracts,
or carrying out the acquisition of property or the construction of the project;
13. Representing the City in Internal Revenue Service examinations or inquiries, or Securities and
Exchange Commission investigations;
14. After closing, providing continuing advice to the City or any other party concerning any actions
necessary to assure that interest paid on the Bonds will continue to be excludable from gross
income for federal income tax purposes (e.g., our engagement as bond counsel does not include
rebate calculations for the Bonds or dealing with changes of use or delay in the expenditure of
proceeds);
15. Assisting the City with any continuing disclosure obligations consistent with applicable securities
laws; or
16. Addressing any other matter not specifically set forth above that is not required to furnish our
bond opinion.
C. FILE MANAGEMENT
After the transaction is concluded, we will deliver to the City a complete copy of the transcript of the
transaction. A transcript is delivered generally within 30 to 60 days after closing. We then close our files
regarding the matter, and our representation on the transaction is completed. Additional services after
closing would be addressed under Part B above.
51538434 1 Packet Pg. 105
4.6
City Council Agenda Item
Meeting Date: 08/2/2016
Renewal of Interlocal Agreement with Edmonds School District for Police Coverage at Athletic Events
Staff Lead: Jim Lawless
Department: Police Services
Preparer: James Lawless
Background/History
This is a renewal of an Inter -local Agreement that has been in place for 10+ years. The item was
presented to Council at the July 26, 2016 work meeting and was forwarded to the August 2, 2016
Council Business Meeting for approval and authorization of the Mayor's signature by full Council via
Consent Agenda.
Staff Recommendation
Staff recommends and requests that this ILA be approved by full Council via Consent Agenda.
Narrative
This is the renewal of an Inter -local Agreement (ILA) between the Edmonds Police Department and the
Edmonds School District, which allows for the Police Department to provide security at the district
football stadium. Costs incurred while providing security are reimbursed by the District. This agreement
will commence September 1, 2016 and shall expire on August 31, 2019, and covers the terms, services
to be provided and responsibilities of the off -duty police working this special detail.
This ILA has been approved as to form by the City Attorney.
Attachments:
ILA Ci of Edmonds for Football Games 2016 to 2019
Packet Pg. 106
4.6.a
INTERLOCAL COOPERATION AGREEMENT
BETWEEN EDMONDS SCHOOL DISTRICT
and CITY OF EDMONDS
for POLICE COVERAGE AT ATHLETIC EVENTS
THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is made
by and between Edmonds School District No. 15, hereafter referred to as the
"District", and the City of Edmonds, a Washington State municipal corporation,
hereafter referred to as "Edmonds", and collectively, the "Parties".
RECITALS
A. WHEREAS, Chapter 39.34 RCW, Interlocal Cooperation Act, permits
agencies to enter into agreements to engage in cooperative activities; and
B. WHEREAS, the District and Edmonds desire to cooperate pursuant to the
Act to make the most efficient use of their respective governmental
powers within their jurisdictions; and
C. WHEREAS, Edmonds and the District desire to have police coverage at
District athletic events to provide security, promote safety, and serve as a
positive resource to the District; and
D. WHEREAS, Edmonds is desirous to assign one or more uniformed Police
Officers (the "Officer") to provide police coverage at athletic events, in
return for a rate of compensation that is agreed upon by the Parties;
NOW, THEREFORE, in consideration of the mutual representation and covenants
contained herein, the Parties agree as follows:
TERMS
1. Purpose. This Agreement is intended to provide police coverage at all football
games as scheduled by the District, plus any post -season games to be determined,
at Edmonds-Woodway High School located in the District through the assignment
by Edmonds of one or more experienced commissioned Edmonds Officers to
service that location at the specified rate of compensation herein.
2. Term. This Agreement shall commence on September 1, 2016 and shall expire
on August 31, 2019, unless otherwise terminated under the provisions of this
Agreement.
3. Termination. Either Party may terminate this Agreement for any reason upon
sixty (60) days written notice to the other party. This Agreement is subject to
funding, and either party may terminate with proper written notice due to lack of
funding.
Packet Pg. 107
4.6.a
4. Duties of Officer(s). Edmonds shall assign the Officer(s) to provide police
coverage at athletic events. The duties and responsibilities of the Officer(s)
include, but are not limited to, the following:
• Support game management with crowd control and enforce the laws of the
State of Washington and the City of Edmonds.
• Arrive at the stadium at the time indicated on the sign-up sheet, which is
45 minutes prior to the start of the game. Officer will report to the District
Event Manager in the Stadium Office.
• The Officer's primary function is to support the efforts of the game staff in
providing a safe surrounding for students, parents, game participants and
other attendees.
• The District will provide Officers with a portable radio with District staff
frequency to monitor for any requests by the stadium staff for police
assistance.
• If two Officers are working a game, one will be at each of the two ticket
booths until game time or until notified by the Event Manager. If only one
Officer is working, the Officer will alternate between the two ticket
booths.
• During the game, one Officer will be at each end of the grandstand. It is
important that Officers are generally easy to spot in case a need arises.
• At half time, at least one Officer will report to the east side of the
grandstand to assist with crowd control.
• At the conclusion of the 2nd and 3rd quarters, one Officer will assist the
ticket sellers as they transport gate receipts back to the Stadium Office. At
game end, the Event Manager may ask for assistance on the field to ensure
that the crowd does not enter the field or to safeguard officials to their
locker room.
• Enforce rules pertaining to tobacco, alcohol, and drugs on public school
property. The Officer(s) will periodically monitor the restrooms, the
concession stands and walk behind the grandstands. The Officer(s) shall
take enforcement action (juvenile referral or citation) when probable cause
exists for any violations. Officers will notify the appropriate school
administrator and /or the School Resource Officer of the arrest of any
student during District sponsored event.
• After the game, the Officer(s) will report to the game management office
to sign out or be assigned other duties as directed by the Event Manager.
5. Independent Contractor. Edmonds and the District understand and agree that
Edmonds is acting as an independent contractor under the terms of this
Agreement.
6. Supervision of Officer(s). The Officer(s) shall remain an employee of
Edmonds and is not an employee of the District. The Officer shall remain
responsive to the supervision of the chain of command of the Edmonds Police
2
Packet Pg. 108
4.6.a
Department. Edmonds shall be solely responsible for Officer's training,
discipline, or dismissal.
7. Compensation. Officer's rate of pay shall be compensation at the rate of one
and one-half (1.5) times the Officer's regular straight time hourly rate of pay, plus
applicable employer contributions for state retirement, FICA equivalent, and state
industrial insurance.
8. Payment. District shall pay Edmonds within thirty (30) days from the date of
receipt of a proper invoice.
9. Insurance and Indemnification. The parties shall separately maintain their own
appropriate liability and casualty insurance policies as they, in their sole
discretion, deem appropriate. The parties further agree that no indemnification
shall be provided for, except as specifically set forth below, and that the
respective liability of the parties to each other and to third persons shall be
deemed in accordance with the laws of the State of Washington. The District will
protect, defend, indemnify, and hold harmless Edmonds, its officers, employees,
officials or agents from any and all costs, claims, judgments, or awards of
damages arising out of, or in any way resulting from, wrongful acts or omissions
of the District, its officers, employees, or agents. The District waives immunity
under Title 51 RCW, the Industrial Insurance Act, but only for purposes of
fulfilling its indemnification obligations towards Edmonds under this provision,
and acknowledges that this waiver has been specifically negotiated. Nothing
contained in this section shall be deemed to waive any other immunities
established pursuant to state statutes or to create third party rights or immunities.
In the event of concurrent liability, the parties shall have the right of contribution
in proportion to the respective liability of each party.
10. District Responsibility for Safety and Security. The parties understand and
agree that the District retains its legal responsibility for the safety and security of
the District, its employees, students and property, and this Agreement does not
alter that responsibility except as provided by paragraph 9 above.
11. Applicable Law. This Agreement shall be governed by the laws of the State
of Washington.
12. Entire Agreement. This Agreement contains the entire agreement between
Parties and supersedes and merges with any prior agreements of the Parties,
written or oral. This Agreement shall be amended only in writing with the written
consent of the Parties.
13. Notice. Edmonds Assistant Chief of Administrative Services shall serve as
the administrator of this Agreement for Edmonds and the Director of Athletics
shall serve as the administrator of this Agreement for the District.
Packet Pg. 109
4.6.a
Notices to Edmonds shall be sent to the following address:
City of Edmonds Police Department
ATTN: Assistant Police Chief of Administrative Services
250 5th Avenue N.
Edmonds, WA 98020
Notices to the District shall be sent to the following address:
Edmonds School District #15
ATTN: Director of Athletics
20420 681h Ave W.,
Lynnwood, WA 98036
14. Duty to File Agreement with County Auditor. The District shall, within 10
days after this Agreement is executed by both parties, file this Agreement with the
Snohomish County Auditor or, alternatively, listed by subject on a public agency's
website or other electronically retrievable public source as allowed in RCW
39.34.040.
EDMONDS SCHOOL DISTRICT CITY OF EDMONDS
By: By:
Stewart Mhyre
Dated: Dated:
Its: Executive Director
Business and Operations
4
Packet Pg. 110
4.7
City Council Agenda Item
Meeting Date: 08/2/2016
Renewal of Interlocal Agreement with Snohomish Regional Drug & Gang Task Force 2016-2017
Staff Lead: Jim Lawless
Department: Police Services
Preparer: James Lawless
Background/History
The agreement has been renewed annually since 1988. The item was presented to Council at the July
26, 2016 work meeting and was forwarded to the August 2, 2016 Council Business Meeting for approval
and authorization of the Mayor's signature by full Council via Consent Agenda.
Staff Recommendation
Staff recommends and requests that this ILA be approved by full Council via Consent Agenda.
Narrative
Since January 1988, the Snohomish County Sheriffs Office, the City of Edmonds, and numerous other
Snohomish County entities have been participants in the Snohomish Regional Drug & Gang Task Force
(SRDGTF). Edmonds was one of he original participants, contributing a detective and equipment to the
unit. In more recent years, Edmond, Lynnwood, and Mountlake Terrace established the South
Snohomish County Narcotics Task Force (SSCNTF). Since the creation of the SSCNTF, Edmonds,
Lynnwood and Mountlake Terrace have chosen to continue their support of the SRDGTF through a
financial contribution alone. Edmonds presently has a detective assigned to the SSCNTF.
The SRDGTF receives the majority of its funding through a U.S. Department of Justice grant. The grant
amount is based on the number and population of municipalities that participate in the SRDGTF. The
required matching funds for the federal grant come from Snohomish County and the participating
entities. For fiscal year 2016-2017, the Snohomish County Sheriffs Office, twenty municipalities,
DSHS/CPS, the Washington State Patrol and the Snohomish Health District, are pledging matching funds
to the SRDGTF. Edmonds' share for July 1, 2016 through September 30, 2017 is $13,463 (5 quarters to
align with federal funding schedule). Funding for this item is included in the 2016 Edmonds Police
budget.
The inter -local agreement and the funding received from participating entities, is set forth in the
operation framework for the SRDGTF, and has been so since 1988. The SRDGTF and the SSCNTF work
very closely and assist each other with staffing and equipment, as needed. For example, should we
encounter a drug lab locally, the SRDGTF can be called out to dismantle the lab. This assistance can
literally save us thousands of dollars in overtime training, hazardous materials removal/disposal and
equipment expenses. A more frequent area of cooperation and assistance occurs with investigations in
which the two task forces assist one another with large scale investigations that may also involve
common suspects.
Packet Pg. 111
4.7
This ILA has been approved as to form by the City Attorney's Office.
Attachments:
2016-2017 Task Force Interlocal Agreement AATF
Task Force ILA Signature Page 7.19.16
Packet Pg. 112
4.7.a
INTERLOCAL AGREEMENT ESTABLISHING
SNOHOMISH REGIONAL DRUG & GANG TASK FORCE
This Interlocal Agreement Establishing the Snohomish Regional Drug & Gang Task
Force ("Agreement"), is entered into by and among Snohomish County, a political
subdivision of the State of Washington, and the following jurisdictions (hereinafter
collectively referred to as the "Participating Jurisdictions"):
City of Arlington
City of Bothell
City of Brier
City of Darrington
City of Edmonds
City of Everett
City of Gold Bar
City of Granite Falls
City of Index
City of Lake Stevens
City of Lake Forest Park
City of Lynnwood
City of Marysville
Interlocal Agreement Establishing
Snohomish Regional Drug & Gang Task Force -- Page 1
City of Mill Creek
City of Monroe
City of Mountlake Terrace
City of Mukilteo
City of Snohomish
City of Stanwood
City of Sultan
DSHS, Child Protective Services
Washington State Patrol
Snohomish Health District
Packet Pg. 113
4.7.a
WITNESSES THAT:
WHEREAS, the State of Washington Department of Commerce (hereinafter
"Commerce"), has received funds from the U.S. Department of Justice under authority of the
Anti -Drug Abuse Act of 1988 to provide grants to local units of government for drug law
enforcement; and
WHEREAS, eligible applicants include cities, counties and Indian tribes; and
WHEREAS, chapter 39.34 RCW permits one or more public agencies to contract with
any one or more other public agencies to perform any governmental service, activity, or
undertaking that each public agency is authorized by law to perform; and
WHEREAS, Snohomish County and Commerce have entered into a Narcotics Control
Grant Contract (hereinafter "Grant Contract") whereby Snohomish County will use specified
grant funds solely for a regional task force project consistent with the task force grant
application submitted to Commerce on or before July 1, 2016, upon which the Grant Contract
is based (by this reference both the Grant Contract and the grant application are incorporated
in this agreement as though set forth fully herein); and
WHEREAS, the Participating Jurisdictions recognize the above -mentioned Grant
Contract between Commerce and Snohomish County; and
WHEREAS, the Participating Jurisdictions desire to participate as members of the
multi jurisdictional task force with Snohomish County administering task force project grants
on their behalf, and
WHEREAS, the Participating Jurisdictions desire to enter into an agreement with
Snohomish County to enable Snohomish County to continue to be the receiver of any grant
funds related to the task force project; and
WHEREAS, each of the Participating Jurisdictions represented herein is authorized to
perform each service contemplated for it herein;
NOW, THEREFORE, in consideration of covenants, conditions, performances and
promises hereinafter contained, the parties hereto agree as follows:
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4.7.a
1.0 TASK FORCE CONTINUATION, TERM, AND PURPOSE
1.1 The countywide multi jurisdictional task force, composed of law enforcement,
prosecutor, and support personnel, known as the Snohomish Regional Drug &
Gang Task Force (hereinafter "Task Force"), was created pursuant to the
Interlocal Agreement Among Participating Jurisdictions dated January 18,
1988. The Task Force has operated on a continuous basis since that time under
a series of interlocal agreements, the most recent effective from July 1, 2015,
through June 30, 2016. This Agreement shall serve to continue the operation
of the Task Force.
1.2 The term of this Agreement shall be from July 1, 2016, through September 30,
2017, unless earlier terminated or modified as provided in this Agreement.
1.3 The purpose of the Task Force is to formally structure and jointly coordinate
selected law enforcement activities, resources, and functions in order to disrupt
illegal drug trafficking systems and to remove traffickers through a cooperative
program of investigation, prosecution, and asset forfeiture. The parties do not
intend that this Agreement create a separate legal entity subject to suit.
1.4 The Task Force agrees to perform the statement of work indicated in the Task
Force Abstract set forth in the application for funding between Commerce and
Snohomish County. Therefore each Participating Jurisdiction adopts the
following Task Force goals:
• Reduce the number of drug traffickers and gang members in the
communities of Snohomish County through the professional
investigation, apprehension and conviction.
• Efficiently attack, disrupt and prosecute individual and organized
mid to upper level drug traffickers and street gang members who do
not recognize jurisdictional boundaries or limitations, and by doing
so, impact drug trafficking organizations previously impregnable.
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4.7.a
• Enhance drug enforcement cooperation and coordination through
multi -agency investigations, training of local jurisdictions and the
sharing of resources and information.
• To address these issues with the foremost consideration of safety
for both law enforcement and the community.
1.5 The Task Force will follow a management system for the shared coordination
and direction of personnel as well as financial, equipment and technical
resources as stated in this Agreement.
1.6 The Task Force will implement operations, including:
a. Development of intelligence
b. Target identification
c. Investigation
d. Arrest of Suspects
e. Successfal prosecution of offenders, and
f. Asset forfeiture/disposition
1.7 The Task Force shall evaluate and report on Task Force performance to
Commerce as required in the Grant Contract.
2.0 ORGANIZATION
2.1 Exhibit "D", incorporated herein by this reference, sets forth the organization
of the Task Force.
2.2 The Task Force Executive Board shall be comprised of the Snohomish County
Prosecuting Attorney, the Snohomish County Sheriff, the Everett Police Chief,
the Everett City Attorney, and one (1) chief of police from the remaining
Participating Jurisdictions chosen by the chiefs of police of the remaining
Participating Jurisdictions. The Snohomish County Sheriff shall serve as Chair
of the Executive Board. The Task Force Executive Board may adopt bylaws
providing for appointment of alternates to attend Executive Board meetings in
the absence of members. At such meetings the alternate shall have the same
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4.7.a
rights as the appointing member. Any action taken by the Task Force
Executive Board under this Agreement shall be based on a majority vote.
2.3 Personnel assigned to the Task Force shall be directed in their Task Force
duties by the Snohomish County Sheriff's Office (SCSO) through the Task
Force Commander. The Task Force Commander will be an employee of
Snohomish County for all purposes and, if not a regular SCSO deputy, will
hold a special commission for that purpose.
2.4 Exhibit "A", incorporated herein by this reference, sets forth the personnel
currently assigned to the Task Force by each Participating Jurisdiction.
Nothing in this Agreement shall restrict the ability of the Snohomish County
Prosecuting Attorney, Snohomish County Sheriff, Everett Police Chief, or
chief law enforcement officer of any Participating Jurisdiction to reassign
personnel now or later assigned to the Task Force.
2.5 Participating Jurisdiction Employees: Personnel assigned to the Task Force by
Participating Jurisdiction shall be considered employees of that Participating
Jurisdiction. All rights, duties, and obligations of the employer and the
employee shall remain with that individual jurisdiction. Each Participating
Jurisdiction shall be responsible for ensuring compliance with all applicable
laws, collective bargaining agreements, and/or civil service rules and
regulations, with regard to its employees.
3.0 FINANCING
3.1 Exhibit "B", incorporated herein by reference, sets forth the estimated Task
Force Grant Contract budget. Participating Jurisdictions agree to provide
funds that in the aggregate will allow for at least a one-third match of the fiends
awarded under the Grant Contract ("Local Match").
3.2 Exhibit "C", incorporated herein by reference, sets forth the Local Match
breakdown for the period from July 1, 2016, to September 30, 2017. Although
State and/or Federal Grant funds may vary from the amount initially requested,
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4.7.a
each Participating Jurisdiction agrees to provide funding that is no less than the
amount indicated in Exhibit "C", and to pay its funding share to Snohomish
County as administrator of Task Force funds promptly upon request.
3.3 As required by the Grant Contract, each Participating Jurisdiction agrees that
the funding it contributes shall be provided in addition to that currently
appropriated to narcotics enforcement activities and that no Task Force activity
will supplant or replace any existing narcotic enforcement activities.
3.4 Except as modified by section 5.3 below, all revenues collected or generated
by or for the Task Force shall be forwarded to the Snohomish County
Treasurer and placed in a designated special account for the purpose of
supporting Task Force operations, and all real or personal property of the Task
Force will be held in Snohomish County's name for the benefit of the Task
Force.
3.5 Upon termination of the Task Force, all funds remaining in said special
account shall be disbursed pro rata to the then -current Participating
Jurisdictions in proportion to the percentage of their most recent contribution
to the Local Match indicated in Exhibit "C".
4.0 GENERAL ADMINISTRATION
4.1 Snohomish County agrees to provide Commerce with the necessary
documentation to receive grant funds.
4.2 By executing this Agreement, each Participating Jurisdiction agrees to make
any certified assurances required by the Grant Contract that are within its
particular control, and agrees to make all its records related to the Task Force
available for inspection consistent with the Grant Contract.
4.3 All Task Force contracts and agreements executed on behalf of Participating
Jurisdictions under this Agreement must first be approved on motion of the
Task Force Executive Board. By executing this Agreement, each Participating
Jurisdiction agrees that, for the purpose of administering the assets and
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4.7.a
resources available to the Task Force, Snohomish County is hereby granted the
authority to execute on behalf of the Participating Jurisdictions all agreements
and contracts signed as approved by the Task Force Executive Board, by and
through its Chair, including but not limited to all contracts for professional
services. Agreements and contracts executed in this manner shall have the
same legal effect as if they were executed by each Participating Jurisdiction.
No such agreement or contract may impose or waive liability with respect to a
Participating Jurisdiction in a manner that is inconsistent with the hold
harmless provision in section 10.0 of this Agreement..
4.4 Any dispute arising under this Agreement will be forwarded to the Task Force
Executive Board for arbitration. The determination made by the Executive
Board shall be final and conclusive as between the parties. This provision
shall not apply to issues of indemnity and liability governed by the hold
harmless provision in section 10.0 of this Agreement.
5.0 ASSET FORFEITURE
5.1 The Participating Jurisdictions shall refer all potential asset forfeitures initiated
or investigated by officers assigned to the Task Force during the pendency of
this Agreement to the Task Force for disposition at the discretion of the Task
Force Executive Board or prosecuting authority (Prosecuting Attorney or
United States Attorney). Any such referred asset forfeiture that is pursued in
state court will be prosecuted in the name of Snohomish County on behalf of
the Task Force and its Participating Jurisdictions.
5.2 The Task Force Commander, under the direction of the Task Force Executive
Board, shall manage the acquisition and disposition of assets seized or
forfeited as a result of this Agreement in compliance with law and Task Force
procedures.
5.3 A portion of the net monetary proceeds of each asset forfeiture made by the
Task Force shall be distributed to the involved investigating agencies
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4.7.a
commensurate with their participation as determined by prior agreement
between the Task Force Commander and said agencies, or in the absence of
such agreement, by the Task Force Executive Board, prior to dedication of the
remaining proceeds to the Task Force as specified in section 3.4. As long as
the personnel assignments stated in Exhibit "A" remain unchanged,
distributions to Snohomish County and the City of Everett under this
subparagraph shall be 40 percent each of the net monetary proceeds remaining
after distributions under this subparagraph to Participating Jurisdictions other
than Snohomish County and the City of Everett. If assignments change from
those stated in Exhibit "A", the Task Force Executive Board may modify the
relative percentage allocations to Snohomish County and the City of Everett on
a case -by -case or permanent basis. For purposes of this subparagraph, the term
"net monetary proceeds" means cash proceeds realized from property forfeited
during the term of this Agreement that is not retained for use by the Task Force
after deducting all costs and expenses incurred in its acquisition, including but
not limited to the cost of satisfying any bona fide security interest to which the
property may be subject at the time of seizure, the cost of sale in the case of
sold property (including reasonable fees or commissions paid to independent
selling agencies), amounts paid to satisfy a landlord's claim for damages, and
the amount of proceeds (typically ten percent) payable to the State of
Washington under RCW 69.50.505(9) or similar law.
5.4 The Task Force may retain funds in an amount up to $250,000.00 from the net
proceeds of vehicle seizures for the purchase of Task Force vehicles and
related fleet costs.
5.5 Any Participating Jurisdiction receiving a distribution of assets forfeited under
RCW 69.50.505 shall use such assets in accordance with RCW 69.50.505(10),
which limits use to the expansion and improvement of controlled substances
related law enforcement activity and prohibits use to supplant preexisting
funding sources.
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4.7.a
5.6 Upon termination of the Task Force, the Task Force Executive Board shall
dispose of the Task Force's interest in assets seized or forfeited as a result of
this Agreement in accordance with applicable federal, state and county
requirements, and shall distribute proceeds in accordance with sections 5.3 and
3.5.
6.0 ACQUISITION AND USE OF EQUIPMENT
6.1 For purposes of this Agreement, the term "Equipment" shall refer to all
personal property used by the Task Force in performing its purpose and
function, including but not limited to: materials, tools, machinery, equipment,
vehicles, supplies, and facilities.
6.2 In the event that any Equipment is acquired with grant funds, the Participating
Jurisdictions agree that the Task Force will use that equipment only for
specified law enforcement purposes for the term of the grant.
6.3 Personnel assigned to the Task Force may use Equipment that is provided or
acquired for Task Force purposes as directed by the Task Force Commander.
6.4 Upon termination of the Task Force, any Equipment provided to the Task
Force by a Participating Jurisdiction will be returned to that jurisdiction.
6.5 Upon termination of the Task Force, the Task Force Executive Board shall
dispose of all acquired equipment in accordance with applicable federal, state
and county requirements, and shall distribute proceeds in accordance with
section 3.5.
7.0 MODIFICATION
Participating Jurisdictions reserve the right to amend this Agreement in the future
from time to time as may be mutually agreed upon. No such amendment shall be
effective unless written and signed by all then -contributing jurisdictions with the same
formality as this Agreement.
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4.7.a
8.0 NONDISCRIMINATION PROVISION
There shall be no discrimination against any employee who is paid by the grant funds
or against any applicant for such employment because of race, color, religion,
handicap, marital status, political affiliation, sex, age, or national origin. This
provision shall include, but not be limited to the following. employment, upgrading,
demotion, transfer, recruitment, advertising, lay-off or termination, rates of pay or
other forms of compensation, and selection for training.
9.0 TERMINATION OF AGREEMENT
9.1 Notwithstanding any provisions of this Agreement, any party may withdraw
from the Agreement as it pertains to it by providing written notice of such
withdrawal to all other parties, specifying the effective date thereof at least
thirty (30) days prior to such date. A withdrawing party may take with it any
Equipment it has provided to the Task Force, and shall be entitled to
distributions under section 5.3 of this Agreement with respect to asset
forfeitures initiated before the effective date of withdrawal.
9.2 If there is a reduction in funds by the source of those funds, and if such fiends
are the basis of this Agreement, Snohomish County may unilaterally terminate
all or part of the Agreement, or may reduce its scope of work and budget.
10.0 HOLD HARMLESS
Each party hereto agrees to save, indemnify, defend and hold the other parties
harmless from any allegations, complaints, or claims of wrongful and/or negligent acts
or omissions, by said party and/or its officers, agents, or employees to the fullest
extent allowed by law. In the case of allegations, complaints, or claims against more
than one party, any damages allowed shall be levied in proportion to the percentage of
fault attributable to each party, and each party shall have the right to seek contribution
from each of the other parties in proportion to the percentage of fault attributable to
each of the other parties. Moreover, the parties agree to cooperate and jointly defend
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4.7.a
any such matter to the extent allowed by law. An agency that has withdrawn assumes
no responsibility for the actions of the remaining members arising after the date of
withdrawal, but shall remain liable for claims of loss or liability arising prior to the
effective date of withdrawal.
11.0 GOVERNING LAW AND VENUE
This Agreement shall be governed by, construed, and enforced in accordance with the
laws of the State of Washington without reference to choice of law principles, and
venue of any suit between the parties arising out of this Agreement shall be in the
Superior Court of Snohomish County, Washington.
12.0 INTEGRATION
With the exception of necessary operational agreements between law enforcement
agencies of the Participating Jurisdictions and agreements pursuant to section 5.3
hereof, this Agreement constitutes the whole and entire agreement among those parties
as to the Task Force and no other understandings, oral, or otherwise, regarding the
Task Force shall be deemed to exist or bind the parties.
13.0 EXECUTION OF MULTIPLE ORIGINAL COUNTERPARTS
This Agreement may be reproduced in any number of original counterparts. Each
party need sign only one counterpart and when the signature pages are all assembled
with one original counterpart, that compilation constitutes a fully executed and
effective agreement among all the Participating Jurisdictions. In the event that fewer
than all named parties execute this Agreement, the Agreement, once filed as specified
in section 15.0, shall be effective as between the parties that have executed the
Agreement to the same extent as if no other parties had been named.
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4.7.a
14.0 SEVERABILITY
If any part of this Agreement is unenforceable for any reason the remainder of the
Agreement shall remain in full force and effect.
15.0 POSTING/RECORDING
This Agreement will be filed with the Snohomish County Auditor or posted on the
County's or Participating Jurisdiction's interlocal agreements webpage, in compliance
with RCW 39.34.040.
In witness whereof, the parties have executed this Agreement.
THE COUNTY:
Snohomish County, a political subdivision
of the State of Washington
LOW
Name:
Title:
Approved as to Form:
ty Pro cuting Attorney
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4.7.a
EXHIBIT A
Snohomish Regional Drust & Gang Task Force
Personnel Assigned by Jurisdiction
July 1, 2016 through September 30, 2017
EVERETT POLICE DEPARTMENT
FUNDING
1 Lieutenant
Everett PD
1 Sergeant
Everett PD
1 Detective
Everett PD
1 Detective
Everett PD
1 Detective
Everett PD
1 Detective
Everett PD
I Detective
Everett PD
1 Detective
Everett PD
1 Support Personnel
Everett PD
SNOHOMISH COUNTY SHERIFF'S OFFICE
FUNDING
1 Task Force Commander
Justice Assistance Grant
1 Lieutenant
Snohomish County Sheriff
1 Sergeant
Justice Assistance Grant
1 Sergeant
Snohomish County Sheriff
1 Detective
Snohomish County Sheriff
1 Detective
Snohomish County Sheriff
1 Detective
Snohomish County Sheriff
1 Detective
Snohomish County Sheriff
1 Detective
Snohomish County Sheriff
1 Detective
Snohomish County Sheriff
1 Information Deputy
Snohomish County Sheriff
1 K9 Detective
Snohomish County Sheriff
1 Support Staff
Snohomish County Sheriff
SNOHOMISH HEALTH DISTRICT FUNDING
1 Local Health Officer Snohomish Health District
SNOHOMISH COUNTY PROSECUTOR'S OFFICE FUNDING
I Deputy Prosecutor Seizure Funding
1 Support Staff Seizure Funding
STATE OF WASHINGTON FUNDING
I Detective Washington State Patrol
1 Case Worker DSHS, Child Protective Services
1 Agent Department of Corrections
VACANT
VACANT
VACANT
Packet Pg. 125
4.7.a
WA STATE GAMBLING COMMISSION
1 Agent
NATIONAL GUARD
1 Intelligence Analyst
BURF_AU OF ALCOHOL, TOBACCO FIREARMS AND EXPLOSIVES
l Agent
DRUG ENFORCEMENT AGENCY
l Agent
INTERNAL REVENUE SERVICE
1 Agent
ICE / H.S.I.
2 Agent
NAVAL CRIMINAL INTELLIGENCE SERVICE
I Agent
FEDERAL BUREAU OF INVESTIGATIONS
I Agent
FUNDING
Washington State VACANT
FUNDING
Washington National Guard VACANT
FUNDING
ATF VACANT
FUNDING
Drug Enforcement Agency VACANT
FUNDING
Internal Revenue Service VACANT
FUNDING
Immigration And Customs Enforcement
FUNDING
NCIS VACANT
FUNDING
FBI
Packet Pg. 126
4.7.a
EXHIBIT B
Snohomish Re 'oral Drug & Gang Task Force
Byrne/JAG Grant Estimated Operating Budget for July 1, 2016 through September 30, 2017
FEDERAL
LOCAL
FUNDS
MATCH
TOTAL
Salaries
111,500
192,856
324,356
Benefits
21,500
58,600
60,100
Contracted Services
0
0
0
Goods and Services
0
0
0
Travel
0
0
0
Training
0
0
0
Equipment
0
0
0
Confidential Funds
0
0
0
TOTALS
$133,000
$251,456
$384,456
Interlocal Agreement Establishing
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4.7.a
EXHIBIT C
Snohomish Regional Drug & Gang Task Force
Local Contributions for July 1, 2016 through September 30, 2017
2016
OCT 2016-
CONTRACT
BRIDGE
SEPT 2017
GRAND
JURISDICTION POPULATION
AMOUNT
AMOUNT
TOTAL
Arlington
18,490
$
1,230
$
4,918
$
6,148
Bothell
17,230
$
1,146
$
4,583
$
5,729
Brier
6,500
$
432
$
1,729
$
2,161
Darrington
1,350
$
90
$
359
$
449
Edmonds
40,490
$
2,693
$
10,770
$
13,463
Everett
105,800
$
7,036
$
28,142
$
35,178
Gold Bar
2,115
$
141
$
563
$
704
Granite Falls
3,390
$
226
$
902
$
1,128
Index
160
$
11
$
43
$
54
Lake Stevens
29,900
$
1,988
$
7,953
$
9,941
Lake Forest Park
-
$
-
$
-
$
-
Lynnwood
36,420
$
2,422
$
9,687
$
12,109
Marysville
64,140
$
4,265
$
17,061
$
21,326
Mill Creek
19,760
$
1,314
$
5,256
$
6,570
Monroe
17,620
$
1,172
$
4,687
$
5,859
Mountlake Terrace
21,090
$
1,403
$
5,610
$
7,013
Mukilteo
20,900
$
1,390
$
5,559
$
6,949
Snohomish
9,385
$
624
$
2,496
$
3,120
Snohomish County
330,260
$
21,962
$
87,847
$
109,809
Stanwood
6,585
$
438
$
1,752
$
2,190
Sultan
4,680
$
311
$
1,245
$
1,556
DSHS, CPS
-
$
-
$
-
$
-
Snohomish Health District
-
$
-
$
-
$
-
Washington State Patrol
-
$
-
$
-
$
-
PARTICIPATING JURISDICTIONS'
$
50,294
$
201,162
$
251,456
TOTALS:
Interlocal Agreement Establishing
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EXHIBIT D
4.7.a
SRDGTF Executive Board
Chief of Everett (Asst Chair), Chief of Lynnwood, Snohomish County Sheriff (Chair),
Snohomish County Prosecutor, City of Everett Attorney, SRDGTF Commander
Sno County Gang Community
Commander Community Mobilization /Sno'
Response Team (G-CRT)
Co Drug Action Team
Gang
— — ---- -
Liason
Officer
(GLO)
Operations Lt.
1 Criminal Admin Assistant Admin Lt.
SCSO
Deputy EPD EPD
Prosecutor
Operations
Sgt Operations Sgt Legal Secretary Admin Sgt
EPD
SCSO
SCSO
4 EPD Det.
3 SCSO Det. 1 WSP Det.
1 Financial Det - CPS/DEC
Everett PD Invest - P/T
1 SCSO Det
1 Tech Det - Volunteer P/T
LE Secretary - National Guard
SCSO
SCSO Analyst
WA State
Educational Educational
DOC Agent
Gambling Det - ICE Agent
Officer/ K9
P/T
Deputy - SCSO
Arlington PD
Reserve Det
Lab Team
IRS Agent
P/T SCSO
FBI Agent
Drug Take Back Health District
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4.7.b
ATTEST:
APPROVED AT THE DIRECTION OF THE PARTICIPATING JURISDICTION:
'Citle
ATTEST:
Jurisdiction Clerk
APPROVED AS TO FORM:
rafiction Attorney
Dated
Jurisdiction of
Dated
Packet Pg. 130
4.8
City Council Agenda Item
Meeting Date: 08/2/2016
Ordinance Adding Public Indecency Sections to ECC 5.38 (Offenses Against Public Morals)
Staff Lead: Jim Lawless
Department: Police Services
Preparer: James Lawless
Background/History
The item was presented to Council at the July 26, 2016 work meeting and was forwarded to the August
2, 2016 Council Business Meeting for approval and authorization of the Mayor's signature by full
Council via Consent Agenda.
Staff Recommendation
Staff recommends and requests that this draft ordinance be approved by full Council via Consent
Agenda.
Narrative
Over the past several years, the City of Edmonds, along with many other jurisdictions in the Puget Sound
region, has experienced an increase in the number of citizen complaints related to the activities
associated with "Bikini Barista" coffee stands. These complaints relate to the state of dress/undress of
the barista's, the fact that the barista's can be viewed by passing traffic, alleged sexual misconduct at
the stands, etc.
Edmonds City Code currently does not adequately address these types of behaviors/situations, either in
ECC 4.52 (Regulations for Adult Entertainment Facilities) or ECC 5.38 (Offenses Against Public Morals).
The proposed additions to ECC 5.38 would create two new sections: a Public Indecency section
(5.38.150) that details what actions are prohibited more clearly defines nudity, what is considered
obscene and what would be categorized as a public place; and, a Soliciting for an act of Public Indecency
section (5.38.160)
These additions and clarifications will clear up several ambiguities that exist in the current language and
assist in the charging and criminal prosecution of the barista, the individual engaging the barista for the
activities, and the coffee stand owner (should they be aware of or complicit to the activities taking place
in their business). If/when formal charges have been filed, the City may then proceed with the
revocation of the business license, should that be warranted.
This ordinance has been prepared and approved as to form by the City Attorney's Office.
Attachments:
FINAL Ordinance Adding Public Indecency Sections to ECC 5.38
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4.8.a
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING ECC 5.38 (OFFENSES AGAINST THE PUBLIC
MORALS) TO ADD SECTIONS PROHIBITING PUBLIC
INDECENCY AND THE SOLICITATION OF PUBLIC INDECENCY;
PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE
DATE.
WHEREAS, the City of Edmonds has determined that it is appropriate to include in the
Offenses Against the Public Morals Chapter of the Edmonds City Code, ECC 5.38, provisions relating to
public indecency; and
WHEREAS, the City of Edmonds wishes to amend ECC 5.38 to add such provisions;
NOW, THEREFORE,
AS FOLLOWS:
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
Section 1. The following Subsections .150 and .160 are hereby added to ECC 5.38
Offenses Against the Public Morals to read as follows:
5.38.150 Public indecency.
A. Public Indecency Prohibited. Notwithstanding anything in the Edmonds City
Code to the contrary, a person who knowingly or intentionally, in a public place:
1. Engages in actual or simulated sexual intercourse, deviate sexual
conduct, masturbation, sodomy, bestiality, oral copulation, flagellation or other
ultimate sex acts; or
2. Engages in excretory functions in other than a restroom or other facility
intended for such purpose; or
3. Appears in a state of nudity in a public place other than a public place
provided or set apart for nudity; or
4. Fondles the genitals of himself, herself or another person;
commits the crime of public indecency. Public indecency is a misdemeanor.
-1-
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4.8.a
B. Exemptions. This section shall not be construed to prohibit:
1. Plays, operas, musicals or other dramatic works that are not obscene;
2. Classes, seminars and lectures held for serious scientific or educational
purposes that are not obscene;
3. Exhibitions or dances which are not obscene; or
4. Adult entertainment activities operating pursuant to Chapter 4.52 ECC.
C. Definitions. For purposes of this section, the following words or phrases shall
have the meanings set forth herein, as follows:
1. "Nudity" means the showing or display of:
a. Human male or female genitals or pubic area with less than a
fully opaque covering; or
b. Any portion of the anal cleft or cleavage of the male or female
buttocks. Attire that is insufficient to comply with this requirement includes, but
is not limited to, G-strings, T-backs, thongs and any other clothing or covering
that does not completely and opaquely cover the anal cleft or cleavage of the
male or female buttocks; or
C. The portion of the human female breast directly or laterally
below a point immediately above the top of the areola with less than a fully
opaque covering. This definition shall include the entire lower portion of the
human female breast, but shall not include any portion of the cleavage of the
human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or
other clothing, provided the areola is not exposed. The act of breastfeeding or
expressing breast milk shall not be considered "nudity" or "public indecency"; or
d. Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
2. "Public place" means any location, place or business frequented by the
public, or where the public is present or likely to be present, or where a person
may reasonably be expected to be observed by members of the public. The term
includes, but is not limited to, streets, sidewalks, alleys, parking lots, parks,
automobiles, whether moving or not, and business and commercial
establishments (whether for profit or not for profit, whether open to the public at
large, or whether entrance is limited by a cover charge or membership
-2-
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4.8.a
requirement), including businesses contained in structures which can serve
customers who remain in their vehicles by means of a drive -up window or door.
3. "Public place provided or set apart for nudity" means a public place such
as public restrooms, enclosed functional shower, locker or dressing room
facilities, enclosed motel and hotel rooms designed and intended for sleeping
accommodations, doctor's offices, portions of hospitals, and similar places in
which nudity or exposure is necessarily and customarily expected outside of the
home and the sphere of privacy constitutionally protected therein.
4. "Obscene" means an activity which:
a. Taken as a whole by an average person, applying contemporary
community standards, appeals to a prurient interest in sex;
b. Depicts patently offensive representations, as measured against
community standards, of:
i. Ultimate sexual acts, normal or perverted, actual or
simulated; or
ii. Masturbation, fellatio, cunnilingus, bestiality, excretory
functions, or lewd exhibition of the genitals or genital area; or
iii. Violent or destructive sexual acts, including, but not
limited to, human or animal mutilation, dismemberment, rape, or
torture; and
C. Taken as a whole, lacks serious literary, artistic, political or
scientific value.
5.38.160 Soliciting for an act of public indecency.
Every person who solicits another to engage in an act of public indecency in a public
place shall be guilty of a misdemeanor.
Section 2. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
-3-
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4.8.a
Section 3. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after
passage and publication of an approved summary thereof consisting of the title.
APPROVED:
MAYOR DAVE EARLING
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
Im
JEFFREY B. TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
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4.8.a
SUMMARY OF ORDINANCE NO.
of the City of Edmonds, Washington
On the day of , 2016, 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,
AMENDING ECC 5.38 (OFFENSES AGAINST THE PUBLIC
MORALS) TO ADD SECTIONS PROHIBITING PUBLIC
INDECENCY AND THE SOLICITATION OF PUBLIC INDECENCY;
PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE
DATE.
The full text of this Ordinance will be mailed upon request.
DATED this day of
2016.
CITY CLERK, SCOTT PASSEY
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5.1
City Council Agenda Item
Meeting Date: 08/2/2016
Oath of Office/Swearing In Ceremony - Police Sergeant Alan Hardwick (10 min.)
Staff Lead: Al Compaan
Department: Police Services
Preparer: Scott Passey
Background/History
N/A
Staff Recommendation
N/A
Narrative
Newly -promoted police officer Alan Hardwick will take the oath of office for his new position of Police
Sergeant.
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7.1
City Council Agenda Item
Meeting Date: 08/2/2016
Public Hearing on Proposed Code Changes to the Stormwater Management Section (Chapter 18.30) of
Title 18, Edmonds Community Development Code (45 min.)
Staff Lead: Phil Williams
Department: Engineering
Preparer: Rob English
Background/History
On June 14, 2016, staff provided an update on the required stormwater code changes.
Staff Recommendation
Consider public comment and discuss possible changes and/or place the item on the consent agenda for
approval at a future City Council meeting.
Narrative
The City of Edmonds is a Department of Ecology Phase II Western Washington Municipal Stormwater
Permittee. As a Phase II permit holder, the City is required to update our stormwater code by December
31, 2016 to meet the minimum requirements of the 2012 Ecology Stormwater Management Manual.
This includes reviewing and revising all development -related codes, rules, and standards to incorporate
and require Low Impact Development principles and best management practices to make Low Impact
Development the preferred and commonly used approach to site development. The goal is to infiltrate,
disperse, and retain stormwater runoff onsite to the extent feasible.
The public hearing will provide an opportunity for public comment on the proposed code changes to the
Stormwater Management Section. Staff recommends the new code be placed on a future consent
agenda for approval, after the City Council has completed their review. City Council approval can't occur
until the Washington State Department of Commerce has reviewed the changes to the stormwater
code. The State's review period will begin in August and be completed within 60 calendar days.
Attachments:
ECDC 18.30-FINAL DRAFT-07.22.2016
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Edmonds
Chapter 18.30 STORM WATER MANAGEMENT
Chapter 18.30
STORMWATER MANAGEMENT
Sections:
18.30.000 Purposes.
18.30.010 Definitions.
18.30.020 Authority and Regulation.
18.30.030 Applicability.
18.30.040 Exemptions.
18.30.050 Administration.
18.30.060 Requirements.
18.30.070 Exceptions, Adjustments, and Appeal.
18.30.080 Access and Covenants.
18.30.090 Post Construction Inspection and Maintenance Roles and Responsibilities.
18.30.100 Enforcement Procedures.
18.30.000 Purposes.
Page 1/23
A. To set forth standards for managing stormwater runoff from construction and development sites to minimize:
1. Degradation of surface water quality by controlling the scouring and sedimentation of creeks, streams,
wetlands, ponds, lakes, other water bodies.
2. Degradation of groundwater quality.
3. Damage to adjacent and other downstream private properties from erosion or other impacts from stormwater
runoff.
4. Damage of City -owned parcels, City roads, rights -of -way and associated infrastructure.
B. To comply with requirements in the Phase II National Pollutant Discharge Elimination System (NPDES) Municipal
Stormwater Permit as issued by the Washington State Department of Ecology (Ecology).
C. To complement site planning activities that minimize:
1. Impervious surfaces area.
2. The loss of native or non-native site vegetation.
3. The generation of stormwater runoff.
D. To make low impact development (LID) the preferred and commonly used approach to site development; to require
LID be considered at the site planning stage; and to implement LID BMPs unless they are infeasible.
E. To require that all publicly -owned and privately -owned Stormwater Treatment and Flow Control best management
practices (BMPs)/Facilities are operated, maintained and repaired in manner that conforms to this chapter.
F. To provide the authority for the City to inspect privately -owned Stormwater Treatment and Flow Control
BMPs/Facilities.
G. To provide enforcement procedures for ensuring compliance with this chapter.
18.30.010 Definitions.
For the purposes of this chapter, the following definitions shall apply:
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Arterial. A road or street primarily for through traffic. The term generally includes roads or streets considered
collectors. It does not include local access roads which are generally limited to providing access to abutting property.
See also RCW 35.78.010, RCW 36.86.070, and RCW 47.05.021.
Adjustment. A variation in the application of a minimum requirement to a particular project. Adjustments provide
substantially equivalent environmental protection.
Applicant. The owning individual(s) or corporations or their representatives applying for the permits or approvals
described in this chapter.
Approval. The proposed work or completed work conforming to this chapter as approved by the public works Director
or their designee.
Best management practices (BMPs). The schedules of activities, prohibitions of practices, maintenance procedures,
and structural and/or managerial practices approved by the City that, when used singly or in combination, prevent or
reduce the release of pollutants and other adverse impacts to waters of Washington State.
Bioretention. Engineered facilities that treat stormwater by passing it through a specified soil profile, and either retain
or detain the treated stormwater for flow attenuation. Refer to the 2014 Stormwater Management Manual for Western
Washington (SWMMWW), Chapter 7 of Volume V for bioretention BMP types and design specifications.
Category 1 Project Site. A project site subject to Minimum Requirements No.l through No.S. See ECDC 18.30.60.C.
Category 2 Project Site. A project site subject to Minimum Requirements No.l through No.9. See ECDC 18.30.60.C.
Certified Erosion and Sediment Control Lead (CESCL). An individual who has current certification through an
approved erosion and sediment control training program that meets the minimum training standards established by
Ecology (see BMP C160 in the SWMMWW). A CESCL is knowledgeable in the principles and practices of erosion
and sediment control. The CESCL must have the skills to assess site conditions and construction activities that could
impact the quality of stormwater and, the effectiveness of erosion and sediment control measures used to control the
quality of stormwater discharges. Certification is obtained through an Ecology approved erosion and sediment control
course. Course listings are provided online at Ecology's website.
City's municipal separate storm sewer system or "MS4." A conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains)
that are owned or operated by the City of Edmonds, designed or used for collecting or conveying stormwater, and are
not a combined sewer nor part of a publicly owned treatment works as defined in 40 Code of Federal Regulations
(CFR) 122.2, and which is defined as "large" or "medium" or "small" or otherwise designated by Ecology pursuant to
40 CFR 122.26.
Clearing. The destruction and removal of vegetation by manual, mechanical, or chemical methods.
Commercial Agriculture. Those activities conducted on lands defined in RCW 84.34.020(2) and activities involved in
the production of crops or livestock for commercial trade. An activity ceases to be considered commercial agriculture
when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more
than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity
is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural
activity.
Common plan of development or sale. A site where multiple separate and distinct construction activities may be taking
place at different times on different schedules and/or by different contractors, but still under a single plan. Examples
include: 1) phase projects and projects with multiple filings or lots, even if the separate phases or filings/lots will be
constructed under separate contract or by separate owners (e.g., a development where lots are sold to separate
builders); 2) a development plan that may be phased over multiple years, but is still under a consistent plan for
long-term development; 3) projects in a contiguous area that maybe unrelated but still under the same contract, such
as construction of a building extension and a new parking lot at the same facility; and 4) linear projects such as roads,
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pipelines, or utilities. If the project is part of a common plan of development or sale, the disturbed area of the entire
plan must be used in determine permit requirements.
Converted vegetation (areas). The change in land cover changed from native vegetation, pasture scrub/shrub, or
unmaintained non-native vegetation to lawn or landscaped areas, or where native vegetation is converted to pasture.
Creek. Is synonymous with "streams," which is defined in ECDC 23.40.320.
Detention facility. An above or below ground facility, such as a pond or tank, that temporarily stores stormwater
runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system. There is little or
no infiltration of stored stormwater.
Development. Land -disturbing activities, including Class IV general forest practices that are conversions from timber
land to other uses. Creation or addition of hard surfaces, or replacement of hard surface that is not part of a routine
maintenance activity. Structural development, including construction, installation, replacement, or expansion of a
building or other structure. Subdivision, short subdivision, and binding site plans, as defined and applied in Chapter
58.17 RCW
Director. The City's Public Works and Utilities Director or a designee with an appropriate background in engineering
or another related discipline.
Discharge point. The location where a discharge leaves the municipal separate storm sewer system (MS4) through the
City's MS4 facilitiesBMPs designed to infiltrate.
Ecology. The Washington State Department of Ecology.
Effective impervious surface. Those impervious surfaces that are connected via sheet flow or discrete conveyance to a
drainage system. Impervious surfaces on residential development sites are considered ineffective if: 1) the runoff is
dispersed through at least 100 feet of native vegetation in accordance with BMP T5.30 — "Full Dispersion," as
described in Chapter 5 of Volume V of the SWMMWW; 2) residential roof runoff is infiltrated in accordance with
downspout Full Infiltration Systems in BMP T5.10A in Volume III of the SWMMWW; or 3) approved continuous
runoff modeling methods indicate the entire runoff file is infiltrated.
Erodible or leachable materials. Wastes, chemicals, or other substances that measurably alter the physical or chemical
characteristics of runoff when exposed to rainfall. Examples include erodible soils that are stockpiled, uncovered
process wastes, manure, fertilizers, oily substances, ashes, kiln dust, and garbage dumpster leakage.
Erosion. The wearing away of the land surface by running water, wind, ice, or other geological agents, including such
processes as gravitational creep. Also, detachment and movement of soil or rock fragments by water, wind, ice, or
gravity. See the SWMMWW Glossary for examples of types of water erosion.
Excavation. The mechanical removal of earth material.
Exception. Relief from the application of a minimum requirement to a project.
Fill. A deposit of earth material placed by artificial means.
Groundwater. Water in a saturated zone or stratum beneath the land surface or below a water body.
Hard surface. An impervious surface, a permeable pavement, or a vegetated roof.
Highway. A main public road connecting towns and cities. In Edmonds, this includes State Route 99, State Route 524,
and portions of State Route 104, that are classified as principal arterials in the City's comprehensive transportation
plan.
Illicit discharge. Any direct or indirect non-stormwater discharge to the City's MS4, groundwaters, or a water body,
except as expressly allowed by ECDC Chapter 7.200.
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Impervious surface. A non -vegetated surface area that either prevents or retards the entry of water into the soil mantle
as under natural conditions prior to development. A non -vegetated surface area which causes water to run off the
surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to
development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways,
parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam
or other surfaces that similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention
facilities shall not be considered impervious surfaces for purposes of determining whether the thresholds for
application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered
impervious surfaces for purposes of runoff modeling. Outdoor swimming pools shall be considered impervious
surfaces in all situations. In addition, lawns, landscaping, sports fields, golf courses, and other areas that have modified
runoff characteristics resulting from the addition of underdrains and impermeable or low permeability liners are to be
considered impervious surfaces. If no liner is installed, these areas (lawns, landscaping, sports fields, golf courses,
etc.) served by underdrains may be considered pervious if the underdrain is set a minimum of 8 inches above the
in -situ soils in a manner to allow infiltration over the facility bottom.
Lake. An inland body of fresh water surrounded by land.
Land disturbing activity. Any activity that results in a change in the existing soil cover (both vegetative and
non -vegetative) and/or the existing soil topography. Land -disturbing activities include but are not limited to
demolition, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures
and road construction shall also be considered a land -disturbing activity. Vegetation maintenance practices, including
landscape maintenance and gardening, are not considered land -disturbing activity. Stormwater facility maintenance is
not considered land disturbing activity if conducted according to established standards and procedures.
Low impact development (LID). A stormwater and land use strategy that strives to mimic pre -disturbance hydrologic
processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on -site
features, site planning, and distributed stormwater management practices that are integrated into a project design.
LID Best Management Practices (BMPs). Distributed stormwater management practices, integrated into a project
design, that emphasize pre -disturbance hydrologic processes of infiltration, filtration, storage, evaporation and
transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens, permeable pavements, roof
downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water
re -use.
LID principles. 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.
Maintenance. Repair and maintenance activities conducted on currently serviceable structures, facilities, and
equipment that involves no expansion or use beyond that previously existing and results in no significant adverse
hydrologic impact. It includes those usual activities taken to prevent a decline, lapse, or cessation in the use of
structures and systems. Those usual activities may include replacement of dysfunctional facilities, including cases
where environmental permits require replacing an existing structure with a different type structure, as long as the
functioning characteristics of the original structure are not changed. One example is the replacement of a collapsed,
fish blocking, round culvert with a new box culvert under the same span, or width, of roadway. In regard to stormwater
facilities, maintenance includes assessment to ensure ongoing proper operation, removal of built up pollutants (i.e.,
sediments), replacement of failed or failing treatment media, and other actions taken to correct defects as identified in
the maintenance standards of Chapter 4, Volume V of the SWMMWW.
Maximum extent practicable (MEP). Refers to paragraph 402(p)(3)(B)(iii) of the federal Clean Water Act which reads
as follows: Permits for discharges from municipal storm sewers shall require controls to reduce the discharge of
pollutants to the maximum extent practicable, including management practices, control techniques, and system,
design, and engineering methods, and other such provisions as the Administrator or the State determines appropriate
for the control of such pollutants.
MS4. The City's municipal separate storm sewer system.
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Native vegetation. Vegetation comprised of plant species, other than noxious weeds, indigenous to the coastal region
of the Pacific Northwest which could have been reasonably expected to occur naturally on the site. Examples include
trees such as Douglas fir, western hemlock, western red cedar, alder, big -leaf maple, and vine maple; shrubs such as
willow, elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, and fireweed.
Natural drainage systems and outfalls. The location of the channels, swales, and other non -manmade conveyance
systems as defined by the earliest documented topographic contours existing for the subject property, either from maps
or photographs, or such other means as appropriate.
Outfall. A point source as defined by 40 CFR 122.2 at the point where a discharge leaves the City's MS4 and enters a
surface receiving waterbody or surface receiving waters. Outfall does not include pipes, tunnels, or other conveyances
which connect segments of the same stream or other surface waters and are used to convey primarily surface waters
(i.e., culverts).
On -site Stormwater Management BMPs. A synonym for Low Impact Development BMPs.
Permeable pavement. Pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous
paving material intended to allow passage of water through the pavement section. It often includes an aggregate base
that provides structural support and acts as a stormwater reservoir.
Pervious Surface. Any surface material that allows stormwater to infiltrate into the ground. Examples include lawn,
landscape, pasture, native vegetation areas, and permeable pavements.
Person. Any individual, partnership, corporation, association, organization, cooperative, public or municipal
corporation, agency of the state, or City government unit, however designated.
Pollution -generating hard surface (PGHS). Those hard surfaces considered to be a significant source of pollutants in
stormwater runoff. See the listing of surfaces under pollution -generating impervious surface.
Pollution -generating impervious surface (PGIS). Those impervious surfaces considered to be a significant source of
pollutants in stormwater runoff. Such surfaces include those which are subject to: vehicular use; industrial activities
(as further defined in the glossary of the SWMMWW); storage of erodible or leachable materials, wastes, or
chemicals, and which receive direct rainfall or the run-on or blow-in of rainfall; metal roofs unless they are coated with
an inert, non -leachable material (e.g., baked -on enamel coating); or roofs that are subject to venting significant
amounts of dusts, mists, or fumes from manufacturing, commercial, or other indoor activities.
Pollution -generating pervious surfaces (PGPS). Any non -impervious surface subject to vehicular use, industrial
activities (as further defined in the glossary of the SWMMWW); or storage of erodible or leachable materials, wastes,
or chemicals, and that receive direct rainfall or run-on or blow-in of rainfall, use of pesticides and fertilizers, or loss of
soil. Typical PGPS include permeable pavement subject to vehicular use, lawns, and landscaped areas including: golf
courses, parks, cemeteries, and sports fields (natural and artificial turf).
Pre -developed condition. The native vegetation and soils that existed at a site prior to the influence of Euro-American
settlement. The pre -developed condition shall be assumed to be a forested land cover unless reasonable, historic
information is provided that indicates the site was prairie prior to settlement.
Project site. That portion of a property, properties, and/or right-of-way subject to land -disturbing activities, new
impervious surfaces, or replaced impervious surfaces. For projects that involve land disturbing activity on one or more
parcels and land disturbing activity in the City right-of-way, the "Project site" includes all areas of land disturbance. If
the project is part of a common development plan or sale, the disturbed area of the entire plan shall be used in
determining permit requirements.
Rain garden. A non -engineered shallow landscaped depression, with compost -amended native soils and adapted
plants. The depression is designed to pond and temporarily store stormwater runoff from adjacent areas, and to allow
stormwater to pass through the amended soil profile.
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Receiving waterbody or Receiving waters. Naturally and/or reconstructed naturally occurring surface water bodies,
such as creeks, streams, rivers, lakes, wetlands, estuaries, and marine waters, or groundwater, to which a MS4
discharges.
Replaced hard surface. For structures means the removal and replacement of hard surfaces down to the foundation. For
other hard surfaces, it means the removal down to bare soil or base course and replacement.
Replaced impervious surface. For structures, the removal and replacement of any exterior impervious surfaces down
to the foundation. For other impervious surfaces, it means the removal down to bare soil or base course and
replacement.
Roadway. Traveled impervious portion of any public or private road or street.
Road -related project. A project that all of, or the majority of, the new or replaced hard surface consist of roadway,
shoulders, curbs, gutters, sidewalks, or walkways, either publicly or privately funded.
Runoff. Water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams,
springs, seeps, ponds, lakes and wetlands, as well as shallow ground water. It also means the portion of rainfall or
other precipitation that becomes surface flow and interflow.
Site. The area defined by the legal boundaries of a parcel or parcels of land that is (are) subject to development. For
road projects, or utility projects in the right-of-way, the length of the project site and the right-of-way boundaries
define the site.
Slope. The degree of deviation of a surface from the horizontal; measured as a numerical ratio, percent, or in degrees.
Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as
2:1. A 2:1 slope is a 50 percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a
90-degree slope being vertical (maximum) and 45 degrees being a 1:1 or 100 percent slope.
Soil. The unconsolidated mineral and organic material on the intermediate surface of the earth that serves as a natural
medium for the growth of land plants.
Source control BMPs. A structure or operation that is intended to prevent pollutants from coming into contact with
storm water through physical separation of areas or careful management of activities that are sources of pollutants.
The SWMMWW separates source control BMPs into two types. Structural source control BMPs are physical,
structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering stormwater.
Operational BMPs are non-structural practices that prevent or reduce pollutants from entering stormwater. See
Volume IV of the SWMMWW for details.
Stormwater facility. A constructed component of a stormwater drainage system, designed and constructed to perform
a particular function or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches,
culverts, street gutters, detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins,
oil/water separators, and biofiltration swales.
Stormwater Management Manual for Western Washington (SWMMWW). The Washington State Department of
Ecology's 2012 (as amended in 2014) Stormwater Management Manual for Western Washington. Referred to as the
2014 SWMMWW.
Stormwater site plan. The comprehensive report containing all of the technical information and analysis necessary for
regulatory agencies to evaluate a proposed development project for compliance with stormwater requirements.
Contents of the Stormwater Site Plan will vary with the type and size of the project, and individual site characteristics.
It includes a Construction Stormwater Pollution Prevention Plan (Construction SWPPP) and a Permanent Stormwater
Control Plan (PSC Plan). Guidance on preparing a Stormwater Site Plan is contained in Chapter 3 of Volume I of the
SWMMWW.
Stormwater Treatment and Flow Control BMPs/Facilities. Detention facilities, treatment BMPs/facilities,
bioretention, vegetated roofs, and permeable pavements that help meet Minimum Requirements No.6 (Treatment),
Minimum Requirement No.7 (Flow Control), or both as described in ECDC 18.30.060.
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Substantially developed. For sites in zone district RS (as defined in ECDC Title 16) those that have an existing
single-family dwelling unit (as defined in ECDC 21.90.080). For sites within all other zone districts, "substantially
developed" shall mean those sites with 35 percent or more existing impervious surface coverage.
Threshold discharge area. An on -site area that drains to either a single natural discharge location or multiple natural
discharge locations that combine within one -quarter mile downstream (as determined by the shortest flowpath). The
examples below and in Figure G.1 presented in Volume I of the SWMMWW illustrate this definition. The purpose of
this definition is to clarify how the thresholds of this code are applied to project sites with multiple discharge points.
Example of a Ske with a
Single N0ural Discharge
and a Single Threshold
Discharge Area
Natural
..........
Area
THRESHOLD
DFSOHARGE
ARb
(Shaded)",
Example of a Site with
Multiple Natural
Discharges and a Single
Threshold Discharge Area
Area 1
Natural
Natural Natural
Discharge Discharge
Location Location
,i
i
r
}
i
f
%Mile Downstream _1 -----
[shortest flow path)
Example of a Site with
Multiple Natural Discharges
and Multiple Threshold
Discharge Areas
Natural Natural
bischatge-, Disch�u�e-----•
Area 1 Area 2
fyRESLiOLD THRESHOLD
bISCHA(,GE ❑ISCHARGEGE
AREA ?,,, -A-F EA2
Natural
Discharge
Location f
Vehicular Use. Regular use of an impervious or pervious surface by motor vehicles. The following are subject to
regular vehicular use: roads, un-vegetated road shoulders, bike lanes within the traveled lane of a roadway, driveways,
parking lots, unrestricted access fire lanes, vehicular equipment storage yards, and airport runways.
The following are not considered subject to regular vehicular use: paved bicycle pathways separated from and not
subject to drainage from roads for motor vehicles, restricted access fire lanes, and infrequently used maintenance
access roads.
Waterbody. Surface waters including rivers, streams, lakes, marine waters, estuaries, and wetlands.
Waters of the state. Includes those waters defined as "waters of the United States" in 40 CFR Subpart 122.2 within the
geographic boundaries of Washington State, and "waters of the state" as defined in Chapter 90.48 RCW which
includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and
water courses within the jurisdiction of the state of Washington.
Wetlands. As defined in ECDC 23.40.005. [Ord. 4026 § 1 (Att. A), 2016].
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18.30.020 Authority and Regulation.
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A. The Public Works and Utilities Director shall administer this chapter and shall be referred to as the Director.
B. The Director shall have the authority to develop, implement, and enforce policies and procedures to administer and
enforce this chapter per ECDC 18.30.110 and 18.30.120, such as the Edmonds Stormwater Addendum.
C. The requirements of this chapter are minimum requirements. They do not replace, repeal, abrogate, supersede, or
affect any other more stringent requirements, rules, regulations, covenants, standards, or restrictions. Where this
chapter imposes requirements that are more protective of human health or the environment than those set forth
elsewhere, the provisions of this chapter shall prevail. When this chapter imposes requirements that are less protective
of human health or the environment than those set forth elsewhere, the provisions of the more protective requirements
shall prevail.
D. The Director shall have the authority to impose additional requirements on a project or site to meet the purpose of
this chapter based on site -specific factors including, but not limited to, location, soil conditions, slope, and designated
use.
E. Approvals and permits granted under this chapter are not waivers of the requirements of any other laws, nor do they
indicate compliance with any other laws. Compliance is still required with all applicable federal, state and local laws
and regulations, including rules promulgated under authority of this chapter.
F. Compliance with the provisions of this chapter does not necessarily mitigate all impacts to the environment. Thus,
compliance with this chapter should not be construed as mitigating all drainage water or other environmental impacts,
and additional mitigation may be required to protect the environment pursuant to other applicable laws and
regulations. The primary obligation for compliance with this chapter and for preventing environmental harm on or
from property is placed upon the applicant. [Ord. 3792 § 1, 2010].
18.30.030 Applicability.
A. This chapter applies to applications submitted on or after January 1, 2017 and applications submitted prior to
January 1, 2017, which have not started construction by January 1, 2022.
B. This chapter applies to the following actions on sites that discharge to the City's MS4 or discharges to waters of
the state whether or not a City -issued permit is required:
1. Land -disturbing activity, or
2. Creation of new hard surfaces, or
3. Replacement of existing hard surfaces, or
4. Conversion of pervious surfaces, or
5. New connections to the City's MS4, or
6. Any other actions that can increase the volume or rate of stormwater runoff, or cause the generation of
pollutants, from the site.
18.30.040 Exemptions.
A. Full Exemptions. The following land uses and land -disturbing activities are exempt from the provisions of this
chapter:
1. Forest practices regulated under WAC Title 222, except for Class IV general forest practices that are
conversions from timberland to other uses, are exempt from the provisions of the minimum requirements
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2. Commercial agriculture practices that involve working land for production are generally exempt. However,
land conversion from timberland to agriculture and the construction of impervious surfaces are not exempt.
3. Construction of drilling sites, waste management pits, and associated access roads, and construction of
transportation and treatment infrastructure such as pipelines, natural gas treatment plants, natural gas pipeline
compressor stations, and crude oil pumping stations are exempt. Operators are encouraged to implement and
maintain best management practices to minimize erosion and control sediment during and after construction
activities to help ensure protection of surface water quality during storm events.
4. The following pavement maintenance practices or activities are exempt: pothole and square -cut patching,
overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of
coverage, shoulder grading, reshaping/regrading drainage systems, crack sealing, resurfacing with in -kind
material without expanding the road prism, pavement preservation activities that do not expand the road
prism, and vegetation maintenance.
B. Partial Exemptions. The following land uses and land -disturbing activities are partially exempt from the provisions
of this chapter:
1. Underground utility projects that replace the ground surface with in -kind material or materials with similar
runoff characteristics are only subject to Minimum Requirement No. 2, Construction Stormwater Pollution
Prevention.
2. The following pavement maintenance practices or activities are considered development, and therefore are
not categorically exempt. The extent to which these requirements apply is explained for each circumstance
a. Removing and replacing a paved surface to base course or a lower level, or repairing the pavement base:
If impervious surfaces are not expanded, Minimum Requirements No. 1 — No. 5 apply when the
thresholds identified for development projects in ECDC 18.30.060 are met. Where appropriate, project
proponents are encouraged to look for opportunities to use permeable and porous pavements.
b. Extending the pavement edge without increasing the size of the road prism or paving graveled shoulders:
these are considered new impervious surfaces and are subject to the minimum requirements that are
triggered when the thresholds identified for development projects in ECDC 18.30.060 are met.
c. Resurfacing by upgrading from dirt to gravel, asphalt, or concrete; or upgrading from gravel to asphalt or
concrete; or upgrading from a bituminous surface treatment ("chip seal") to asphalt or concrete: these are
considered new impervious surfaces and are subject to the minimum requirements that are triggered
when the thresholds identified for development projects in ECDC 18.30.060 are met.
18.30.050 Administration.
A. Application, Submittals, and Review.
1. The Director shall review all plans and all other submittals required by ECDC 18.30.050.A.3 for compliance
with this chapter when:
a. An application for a City permit is required under all other chapters of ECDC Title 18 or 19, or
b. A subdivision application is submitted per ECDC 20.75.040.
2. In all other situations when actions under ECDC 18.30.030 apply to a project site, review shall be under a
Stormwater permit.
3. All stormwater review submittals shall contain, in addition to the information required under any other
applicable City code, a Stormwater Site Plan as described in the Edmonds Stormwater Addendum (see
ECDC 18.30.060) and any other information required by the Director.
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B. Inspections.
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1. The Director shall inspect projects at various stages of the work to determine if they comply with the
requirements of this chapter, and enforcement actions shall be taken as necessary. These inspections will
include, but not be limited to, the following:
a. Prior to site clearing and construction to assess site erosion potential, and
b. During construction to verify proper installation and maintenance of required erosion and sediment
controls and other approved plan components, and
c. All permanent stormwater treatment and flow control BMPs/facilities and catch basins in new
residential developments every six months until 90 percent of the lots are constructed (or when
construction is stopped and the site is fully stabilized) to identify maintenance needs and enforce
compliance with maintenance standards as needed, and
d. Upon completion of construction and prior to final approval to ensure proper installation of permanent
stormwater control facilities and verify that a maintenance plan is completed and responsibility for
maintenance is assigned for stormwater treatment and flow control BMPs/facilities, and
e. Post -Construction inspections per ECDC 18.30.090.
2. When reasonably required by the Director to accomplish the purpose of this chapter or to comply with local,
state or federal law or regulation on stormwater, special inspection or testing shall be performed by the
applicant.
C. Fees. Application, review and inspection fees as set in ECDC Chapter 15.00 shall be paid.
18.30.060 Requirements.
A. Documents. The sources of the stormwater management requirements for the City are from the following
documents:
1. Western Washington Phase II Municipal Stormwater Permit, Appendix 1, modification date January 16,
2015
2. 2014 Stormwater Management Manual for Western Washington (SWMMWW)
3. The Edmonds Stormwater Addendum
In the event of conflicts between the various provisions, the more stringent provision shall apply.
C. Illicit Discharges and Connections. Non-stormwater illicit discharges, including spills, into the MS4,
groundwaters, or a water body from any developed or undeveloped lands are prohibited per ECDC Chapter 7.200.
C. Thresholds and Applicability
The thresholds outlined in this section are only applicable to ECDC 18.30.060.C. See also the Edmonds
Stormwater Addendum for supplemental information on thresholds.
a. All development shall be required to comply with Minimum Requirement No. 2.
b. Category 1 project sites shall comply with Minimum Requirements No. 1 through No. 5. Category 1
includes projects that:
i. Result in 2,000 square feet, or greater, of new plus replaced hard surface area, or
ii. Have land disturbing activity of 7,000 square feet or greater.
c. Category 2 project sites shall comply with Minimum Requirements No. 1 through No. 9. Category 2
includes projects that:
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i. Result in 5,000 square feet, or greater, of new plus replaced hard surface area, or
ii. Convert 0.75 acres, or more, of vegetation to lawn or landscaped areas, or
iii. Convert 2.5 acres, or more, of native vegetation to pasture.
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2. Additional Requirements for road -related projects. For road -related projects, runoff from the new and
replaced hard surfaces (including pavement, shoulders, curbs, and sidewalks) and the converted vegetation
areas shall meet all the minimum requirements only if the new hard surfaces total 5,000 square feet or more
and total 50 percent or more of the existing hard surfaces within the project limits. Otherwise, the minimum
requirements only apply to the new hard surfaces and the converted vegetation areas. The project limits shall
be defined by the length of the project and the width of the right-of-way.
3. New Connections to the City's MS4 when the proposed connection does not involve activity that meets the
definition of development. Sites that are not currently connected to the City's MS4 but that wish to connect
directly or indirectly to the City's MS4 may be allowed on a case -by -case basis, subject to City approval. For
sites that propose to drain greater than or equal to 2,000 square feet of impervious area to the City's MS4,
minimum requirements and BMPs associated with stormwater flow control and/or water quality treatment
(such as those outlined in ECDC 18.30.060.13 [1] through [9]) may be required if the connection poses any
risk to downstream systems such as erosion, flooding, property damage, habitat damage, water quality
degradation, or other related impacts.
D. Minimum Technical Requirements. This section describes the minimum technical requirements for stormwater
management at development sites.
1. Minimum Requirement No. 1 — Preparation of Stormwater Site Plans
The City shall require a Stormwater Site Plan from all projects meeting the thresholds in ECDC 18.30.060.C.
Stormwater Site Plans shall use site -appropriate development principles to retain native vegetation and
minimize impervious surfaces to the extent feasible. Stormwater Site Plans shall be prepared in accordance
with Chapter 3 of Volume 1 of the SWMMWW and the requirements in the Edmonds Stormwater
Addendum.
2. Minimum Requirement No. 2 — Construction Stormwater Pollution Prevention Plan (SWPPP)
a. Thresholds:
i. All development projects are responsible for preventing erosion and discharge of sediment and
other pollutants into receiving waters. Compliance with this minimum requirement can be
achieved for an individual site if the site is covered under Ecology's General NPDES Permit for
Stormwater Discharges Associated with Construction Activities and fully implementing the
requirements of that permit.
ii. A Construction SWPPP is required for all projects which a) result in 2,000 square feet or more
of new plus replaced hard surface area, b) where a structure with an exterior hard surface area of
at least 2,000 square feet is being demolished, c) which disturb 7,000 square feet or more of
land, or d) when the site falls within the Earth Subsidence Landslide Hazard Area, Landslide
Hazard Area or steep slope critical area. Projects that do not meet any of the above criteria are
not required to prepare a Construction SWPPP, but must consider all of the elements listed
below for Construction SWPPPs and develop controls for all Construction SWPPP elements
that pertain to the project site.
b. General Requirements:
The SWPPP shall include a narrative and drawings. All BMPs shall be clearly referenced in the
narrative and marked on the drawings. The SWPPP narrative shall include documentation to
explain and justify the pollution prevention decisions made for the project. Each of the thirteen
elements referenced below must be considered and included in the SWPPP unless site
conditions render the element unnecessary and the exemption from that element is clearly
justified in the narrative of the SWPPP.
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ii. Clearing and grading activities for developments shall be permitted only if conducted pursuant
to an approved site development plan (e.g., building permit, subdivision approval) that
establishes permitted areas of clearing, grading, cutting, and filling. These permitted clearing
and grading areas and any other areas required to preserve critical or sensitive areas, buffers,
native growth protection easements, or tree retention areas as required by the City, shall be
delineated on the site plans and the development site.
iii. The SWPPP shall be implemented beginning with initial land disturbance and until final
stabilization. Sediment and Erosion control BMPs shall be consistent with the BMPs contained
in Chapter 4 of Volume II of the SWMMWW.
c. Seasonal Work Limitations:
From October 1 through April 30, clearing, grading, and other soil disturbing activities may only be
authorized by the City if it can be demonstrated that silt -laden runoff will be prevented from leaving the
site through a combination of the following:
Site conditions including existing vegetative coverage, slope, soil type, and proximity to
receiving waters; and
ii. Limitations on activities and the extent of disturbed areas; and
iii. Proposed erosion and sediment control measures, in accordance with ECDC 18.30.060.D.2.d
below.
Based on the information provided and/or local weather conditions, the City may expand or restrict the
seasonal limitation on site disturbance. The following activities are exempt from the seasonal clearing
and grading limitations, except for sites lying in whole or in part within an earth subsidence and landslide
hazard area as defined by ECDC 19.10.020.F:
Routine maintenance and necessary repair of erosion and sediment control BMPs,
ii. Routine maintenance of public facilities or existing utility structures that do not expose the soil
or result in the removal of the vegetative cover to soil, and
iii. Activities where there is one hundred percent infiltration of surface water runoff within the site
in approved and installed erosion and sediment control facilities.
d. Construction SWPPP Elements
Construction SWPPP elements are required in accordance with Chapter 2, Section 2.5.2 of
Volume I of the SWMMWW and the requirements in the Edmonds Stormwater Addendum
3. Minimum Requirement No. 3 — Source Control of Pollution
All known, available and reasonable source control BMPs must be required for all projects approved by the
City. Source control BMPs must be selected, designed, and maintained in accordance with Volume IV of the
SWMMWW. All single family residential projects shall, at a minimum, incorporate required BMPs from
SWMMWW Volume IV, S411 — BMPs for Landscaping and Lawn/Vegetation Management.
4. Minimum Requirement No. 4 — Preservation of Natural Drainage Systems and Outfalls
Natural drainage patterns shall be maintained, and discharges from the project site shall occur at the natural
location, to the maximum extent practicable. The manner by which runoff is discharged from the project site
must not cause a significant adverse impact to downstream receiving waters and down gradient properties.
The discharge must have an identified overflow route that is safe and certain, and leads to the ultimate outfall
location (such as a receiving water or municipal drainage system). All outfalls require energy dissipation.
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To demonstrate compliance with this core requirement, all projects shall submit a qualitative analysis
downstream from the site to the receiving water. If an existing problem (or potential future problem after
development) is identified, mitigation will be required to prevent worsening of that problem. A quantitative
analysis may be required for any project deemed to need additional downstream information or where the
project proponent or the City determines that a quantitative analysis is necessary to evaluate the off -site
impacts or the capacity of the conveyance system. See the Edmonds Stormwater Addendum for additional
details on complying with this requirement.
5. Minimum Requirement No. 5 — On -site Stormwater Management
a. Applicability:
On -site Stormwater Management BMPs are required in accordance with the following project
thresholds, standards, and lists to infiltrate, disperse, and retain stormwater runoff on -site to the extent
feasible without causing flooding or erosion impacts. See the SWMMWW and the Edmonds Stormwater
Addendum for additional details on On -site Stormwater Management BMP infeasibility.
b. Project Thresholds:
There are five project scenarios outlined below that determine the applicability of Minimum
Requirement No. 5 — On -site Stormwater Management. The first four scenarios apply to projects that
discharge directly or indirectly to the City's MS4. The fifth scenario applies to project discharges that do
not enter the City's MS4. Note that more than one of the five scenarios may apply to a given project:
Retrofit. Projects that discharge directly or indirectly to the City's MS4 and that contain
existing hard surfaces on the parcel or common plan of development that do not drain to an
approved stormwater management facility are required to provide On -site Stormwater
Management BMPs to manage a portion of those existing hard surfaces that will remain after
project completion. BMPs from List No.1 (See ECDC 18.30.060.D.5.d) shall be applied to a
minimum of 25 percent of those existing unmanaged surfaces, but to no more than the area
equal to the proposed new plus replaced hard surfaces.
Only for those existing unmanaged hard surfaces that remain after project completion,
applicants are not required to evaluate BMPs in priority order or document infeasibility for
these existing surfaces (as is required under ECDC 18.30.060.D.5.b [ii] and [iii] below).
However, if it is determined that the minimum 25 percent requirement cannot be met due to
BMP infeasibility, documentation of BMP infeasibility is required. In addition, when runoff
from exiting unmanaged hard surfaces is mixed with runoff from new plus replaced hard
surfaces, those BMPs must be selected and designed in accordance with the requirements for
management of new plus replaced hard surfaces (per sections [ii] and [iii] below). See the
SWMMWW and the Edmonds Stormwater Addendum for additional details on On -site
Stormwater Management BMP infeasibility.
ii. Category 1. Category 1 project sites that discharge directly or indirectly to the City's MS4 and
are required to comply with Minimum Requirements No. 1 through No. 5 (per ECDC
18.30.060.C) shall either:
a. Use On -site Stormwater Management BMPs from List No.1 for all new plus replaced hard
surfaces and land disturbed (See ECDC 18.30.060.D.5.d); or
b. Demonstrate compliance with the LID Performance Standard (See ECDC
18.30.060.D.5.c). Projects selecting this option cannot use rain gardens. They may choose
to use bioretention BMPs as described in the SWMMWW.
iii. Category 2. Category 2 project sites that discharge directly or indirectly to the City's MS4 and
are required to comply with Minimum Requirements No. 1 through No. 9 (per ECDC
18.30.060.C) shall either:
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a. Use On -site Stormwater Management BMPs from List No.2 for all new plus replaced
hard surfaces and land disturbed (See ECDC 18.30.060.D.5.e); or
b. Demonstrate compliance with the LID Performance Standard (See ECDC
18.30.060.D.5.c). Projects selecting this option cannot use rain gardens. They may choose
to use bioretention BMPs as described in the SWMMWW.
iv. Direct Discharge Requirement. Projects that discharge directly to Puget Sound through the
City's MS4 (in accordance with the restrictions applicable to direct discharges to Puget Sound
presented in Section 2.5.7 of Volume I of the SWMMWW) do not have to achieve the LID
Performance Standard, nor consider bioretention, rain gardens, permeable pavement, or full
dispersion, but must meet the following:
a. Projects must implement BMP T5.13 (Post -Construction Soil Quality & Depth); BMPs
T5.I OA Downspout Full Infiltration Systems, T5.1 OB Downspout Dispersion Systems, or
T5.1 OB Perforated Stub -out Connections; and BMP T5.11 Concentrated Flow Dispersion
or T5.12 Sheet Flow Dispersion; if feasible for all new plus replaced hard surfaces and
land disturbed. See the SWMMWW and the Edmonds Stormwater Addendum for
additional details on On -site Stormwater Management BMP infeasibility.
Edmonds Way specific requirements. After applying the requirements in item (a) above,
for all remaining project site runoff (e.g., from unmanaged surfaces, or from overflow
from on -site BMPs), the post -development 10-, and 100-year recurrence interval peak
flows shall not exceed, 0.25 and 0.45 cubic feet per second per acre of impervious surface
area, respectively. See the Edmonds Stormwater Addendum for additional details.
V. Projects that do not drain directly or indirectly to the City's MS4 are required to implement one
of the following:
a. Project sites may discharge to the downstream private property (e.g., projects located
above BNSF property) with approval from the downstream property owner(s).
b. Project sites may discharge runoff to an on -site system.
For sites located within earth subsidence and landslide hazard areas or their
buffers, a geotechnical design, analysis, and report by a geotechnical
engineer is required for the on -site system. On -site Stormwater Management
BMPs from List No.1 in ECDC 18.30.060.D.5.d shall be evaluated for all
new plus replaced hard surfaces and land disturbed. Projects are not required
to evaluate BMPs in priority order or document infeasibility. The project
applicant may be subject to an extra permit processing fee for City review of
the geotechnical analysis. Projects are required to comply with all other
applicable City requirements, such as ECDC 19.10 (earth subsidence and
landslide hazard areas).
ii. For sites located outside earth subsidence and landslide hazard areas or their
buffers, ECDC 18.30.060.D.5.ii and ECDC 18.30.060.D.5.iii shall be
followed to evaluate site appropriate BMP's.
c. Subject to prior approval by the City, project sites may pump on -site runoff to the City's
MS4. A quantitative downstream analysis in accordance with Minimum Requirement No.
4 and the Edmonds Stormwater Addendum will be required. If the City's MS4 does not
have adequate capacity to receive the applicant's pumped flows, the applicant is required
to install an on -site detention system to store runoff and pump it to the MS4 at an
approved rate.
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c. LID Performance Standard
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For projects that elect to meet the LID Performance Standard to comply with ECDC 18.30.060.D.b (ii)
and (iii), stormwater discharges shall match developed discharge durations to pre -developed durations
for the range of pre -developed discharge rates from 8 percent of the 2-year peak flow to 50 percent of the
2-year peak flow from the project site. Refer to the Standard Flow Control Requirement section in
Minimum Requirement No. 7 for information about the assignment of the pre -developed condition.
Project sites that must also meet Minimum Requirement No. 7 shall match flow durations between 8
percent of the 2-year flow through the full 50-year flow.
d. List No.l for Category 1 project sites: On -site Stormwater Management BMPs for Projects Triggering
Minimum Requirements No. 1 through No. 5.
For projects that elect to use List No. 1 to comply with ECDC 18.30.060.D.b (ii), for each surface,
consider the BMPs in the order listed for that type of surface. Use the first BMP that is considered
feasible. No other On -site Stormwater Management BMP is necessary for that surface. Feasibility shall
be determined by evaluation against design criteria, limitations, and infeasibility criteria identified for
each BMP in the SWMMWW and the Edmonds Stormwater Addendum; and Competing Needs Criteria
listed in Chapter 5 of Volume V of the SWMMWW.
Lawn and landscaped areas:
Post -Construction Soil Quality and Depth in accordance with BMP T5.13 in Chapter 5 of
Volume V of the SWMMWW.
Roofs:
i. Full Dispersion in accordance with BMP T5.30 in Chapter 5 of Volume V of the SWMMWW,
or Downspout Full Infiltration Systems in accordance with BMP T5.1 OA in Section 3.1.1 of
Volume III of the SWMMWW.
ii. Rain Gardens in accordance with BMP T5.14A in Chapter 5 of Volume V, or Bioretention in
accordance with Chapter 7 of Volume V of the SWMMWW. The rain garden or bioretention
facility must have a minimum horizontal projected surface area below the overflow which is at
least 5 percent of the area draining to it.
iii. Downspout Dispersion Systems in accordance with BMP TS.IOB in Section 3.1.2 of Volume
III of the SWMMWW.
iv. Perforated Stub -out Connections in accordance with BMP T5.1 OC in Section 3.1.3 of Volume
III of the SWMMWW.
V. Detention vaults or pipes in accordance with the Edmonds Stormwater Addendum. The City
may waive the requirement to install a detention vault if the downstream analysis in Minimum
Requirement #4, or available City data, indicate that peak flow control is not beneficial.
Other Hard Surfaces:
Full Dispersion in accordance with BMP T5.30 in Chapter 5 of Volume V of the SWMMWW
ii. Permeable Pavement in accordance with BMP T5.15 in Chapter 5 of Volume V of the
SWMMWW, or Rain Gardens in accordance with BMP T5.14A in Chapter 5 of Volume V, or
Bioretention in accordance with Chapter 7 of Volume V of the SWMMWW. The rain garden or
bioretention facility must have a minimum horizontal projected surface area below the
overflow which is at least 5 percent of the area draining to it.
iii. Sheet Flow Dispersion in accordance with BMP T5.12, or Concentrated Flow Dispersion in
accordance with BMP T5.11 in Chapter 5 of Volume V of the SWMMWW.
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iv. Detention vaults or pipes in accordance with the Edmonds Stormwater Addendum. The City
may waive the requirement to install a detention vault if the downstream analysis in Minimum
Requirement #4, or available City data, indicate that peak flow control is not beneficial.
e. List No.2 for Category 2 project sites: On -site Stormwater Management BMPs for Projects Triggering
Minimum Requirements No. 1 through No. 9.
For projects that elect to use List No. 2 to comply with ECDC 18.30.060.D.b (iii), for each surface,
consider the BMPs in the order listed for that type of surface. Use the first BMP that is considered
feasible. No other On -site Stormwater Management BMP is necessary for that surface. Feasibility shall
be determined by evaluation against design criteria, limitations, and infeasibility criteria identified for
each BMP in the SWMMWW; and Competing Needs Criteria listed in Chapter 5 of Volume V of the
SWMMWW.
Lawn and landscaped areas:
Roofs:
Post -Construction Soil Quality and Depth in accordance with BMP T5.13 in Chapter 5 of
Volume V of the SWMMWW.
Full Dispersion in accordance with BMP T5.30 in Chapter 5 of Volume V of the SWMMWW,
or Downspout Full Infiltration Systems in accordance with BMP T5.10A in Section 3.1.1 of
Volume III of the SWMMWW.
ii. Bioretention (See Chapter 7 of Volume V of the SWMMWW) facilities that have a minimum
horizontally projected surface area below the overflow which is at least 5 percent of the total
surface area draining to it.
iii. Downspout Dispersion Systems in accordance with BMP T5.1OB in Section 3.1.2 of Volume
III of the SWMMWW.
iv. Perforated Stub -out Connections in accordance with BMP T5.1 OC in Section 3.1.3 of Volume
III of the SWMMWW.
V. Detention vaults or pipes in accordance with the Edmonds Stormwater Addendum. Note that if
the project is required to construct a flow control facility to comply with Minimum
Requirement No. 7 (per ECDC 18.30.060.D.7), a detention vault is not required to be installed
to meet Minimum Requirement No. 5. In addition, the City may waive the requirement to
install a detention vault if the downstream analysis in Minimum Requirement #4, or available
City data, indicate that peak flow control is not beneficial.
Other Hard Surfaces:
Full Dispersion in accordance with BMP T5.30 in Chapter 5 of Volume V of the SWMMWW
ii. Permeable pavement in accordance with BMP T5.15 in Chapter 5 of Volume V of the
SWMMWW.
iii. Bioretention (See Chapter 7 of Volume V of the SWMMWW) facilities that have a minimum
horizontally projected surface area below the overflow which is at least 5 percent of the total
surface area draining to it.
iv. Sheet Flow Dispersion in accordance with BMP T5.12, or Concentrated Flow Dispersion in
accordance with BMP T5.11 in Chapter 5 of Volume V of the SWMMWW.
V. Detention vaults or pipes in accordance with the Edmonds Stormwater Addendum. Note that if
the project is required to construct a flow control facility to comply with Minimum
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Requirement No. 7 (per ECDC 18.30.060.D.7), a detention vault is not required to be installed
to meet Minimum Requirement No. 5. In addition, the City may waive the requirement to
install a detention vault if the downstream analysis in Minimum Requirement #4, or available
City data, indicate that peak flow control is not beneficial.
6. Minimum Requirement No. 6 — Runoff Treatment
a. Project Thresholds: When assessing road -related projects against the following thresholds, only consider
those hard and pervious surfaces that are subject to this minimum requirement per ECDC 18.30.060.C.2.
For all other projects, the requirements apply to the new plus replaced hard surfaces and the converted
vegetation areas. The following require construction of stormwater treatment facilities:
Projects in which the total of pollution -generating hard surface (PGHS) is 5,000 square feet or
more in a threshold discharge area of the project, or
ii. Projects in which the total of pollution -generating pervious surfaces (PGPS) — not including
permeable pavements — is 0.75 acres or more in a threshold discharge area, and from which
there will be a surface discharge in a natural or man-made conveyance system from the site.
b. Treatment -Type Thresholds and Facility Sizing:
Treatment -Type Thresholds in accordance with Step 2 (Oil Control), Step 4 (Phosphorus
Treatment), Step 5 (Enhanced Treatment), and Step 6 (Basic Treatment) of Chapter 2, Section
2.1, Volume V of the SWMMWW. Phosphorus treatment shall be required for projects draining
to Hall Creek and Lake Ballinger.
ii. Treatment Facility Sizing, including Water Quality Design Storm Volume, Water Quality
Design Flow Rate, and Downstream Facilities, of Chapter 2, Section 2.5.6, Volume I of the
SWMMWW.
c. Treatment Facility Selection, Design, and Maintenance
Stormwater treatment facilities shall be:
i. Selected in accordance with the process identified in Chapter 4 of Volume I, and Chapter 2 of
Volume V of the SWMMWW,
ii. Designed in accordance with the design criteria in Volume V of the SWMMWW, and
iii. Maintained in accordance with the maintenance schedule in Volume V of the SWMMWW.
d. Additional Requirements
The discharge of untreated stormwater from pollution -generating surfaces to ground water will not
be authorized by the City. All associated runoff must be treated using On -site Stormwater
Management BMPs designed to provide the required level of treatment in accordance with Chapter
5, Volume V and Chapter 7, Volume V of the SWMMWW; or by infiltration through soils meeting
the soil suitability criteria in Chapter 3 of Volume III of the SWMMWW.
Minimum Requirement No. 7 — Flow Control
a. Applicability: Flow control is required on projects meeting the thresholds summarized below to reduce
the impacts of stormwater runoff from hard surfaces and land cover conversions. Flow control in
accordance with Minimum Requirement No. 7 is not required for projects that discharge directly to, or
indirectly through the City's MS4 to Puget Sound (other minimum requirements may still apply). See
ECDC 18.30.060.D.5.b.iv and Section 2.5.7 of Volume I of the SWMMWW for additional restrictions
applicable to direct discharges to Puget Sound.
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If the discharge drains to a stream that leads to a wetland, or to a wetland that has an outflow to a stream,
both this minimum requirement (Minimum Requirement No. 7) and Minimum Requirement No. 8
apply-
b. Thresholds: When assessing road -related projects against the following thresholds, only consider only
those impervious, hard, and pervious surfaces that are subject to this minimum requirement per ECDC
18.30.060.C.2. For all other projects, the requirements apply to the new plus replaced hard surfaces and
the converted vegetation areas. The following circumstances require achievement of the standard flow
control requirement for western Washington:
Projects in which the total of effective impervious surfaces is 10,000 square feet or more in a
threshold discharge area, or
ii. Projects that convert 0.75 acres or more of vegetation to lawn or landscape, or convert 2.5 acres
or more of native vegetation to pasture in a threshold discharge area, and from which there is a
surface discharge in a natural or man-made conveyance system from the site, or
iii. Projects that through a combination of hard surfaces and converted vegetation areas cause a
0.10 cubic feet per second (cfs) increase or greater in the 100-year flow frequency from a
threshold discharge area as estimated using the Western Washington Hydrology Model or other
approved model and one -hour time steps (or a 0.15 cfs increase or greater using 15-minute time
steps).
Standard Flow Control Requirement (applies to discharges directly or indirectly to the City's MS4,
except for projects that meet the direct discharge requirements outlined in "a" above): Stormwater
discharges shall match developed discharge durations to pre -developed durations for the range of
pre -developed discharge rates from 50 percent of the 2-year peak flow up to the full 50-year peak flow.
The pre -developed condition to be matched shall be a forested land cover unless reasonable, historic
information is available that indicates the site was prairie prior to settlement (modeled as "pasture" in the
Western Washington Hydrology Model). This standard requirement is waived for sites that will reliably
infiltrate all the runoff from hard surfaces and converted vegetation areas.
d. Additional Requirement: Flow Control BMPs shall be selected, designed, and maintained in accordance
with Volume III of the SWMMWW or an approved equivalent.
8. Minimum Requirement No. 8 — Wetlands Protection
a. Applicability: The requirements below apply only to projects whose stormwater discharges into a
wetland, either directly or indirectly through a conveyance system.
b. Thresholds: The thresholds identified in Minimum Requirement No. 6 — Runoff Treatment, and
Minimum Requirement No. 7 — Flow Control shall also be applied to determine the applicability of this
requirement to discharges to wetlands.
c. Standard Requirement: Projects shall comply with Guide Sheets No. 1 through No. 3 in Appendix I-D of
the SWMMWW. The hydrologic analysis shall use the existing land cover condition to determine the
existing hydrologic conditions unless directed otherwise by a regulatory agency with jurisdiction.
d. Additional Requirements: Stormwater treatment and flow control facilities shall not be built within a
natural vegetated buffer, except for:
i. Necessary conveyance systems as approved by the City; or
ii. As allowed in wetlands approved for hydrologic modification or treatment in accordance with
Guide Sheet 2 in Appendix I-D of the SWMMWW.
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An adopted and implemented basin plan prepared in accordance with the provisions of Section 7 of
Appendix 1 of the Phase II NPDES Municipal Stormwater Permit.
9. Minimum Requirement No. 9 — Operation and Maintenance
An operation and maintenance manual that is consistent with the provisions in Volume I and Volume V of the
SWMMWW is required for proposed Stormwater Treatment and Flow Control BMPs/facilities. The party (or
parties) responsible for maintenance and operation shall be identified in the operation and maintenance
manual. For private facilities approved by the City, a copy of the operation and maintenance manual shall be
retained on -site or within reasonable access to the site, and shall be transferred with the property to the new
owner. For public facilities, a copy of the operation and maintenance manual shall be retained in the
appropriate department. A log of maintenance activity that indicates what actions were taken shall be kept
and be available for inspection.
18.30.070 Exceptions, Adjustments, and Appeals.
A. Exceptions.
1. The Director may approve a request for an exception to the minimum requirements of this chapter following
legal public notice of an application for an exception and of the Director's decision on the application. All
legal public notice related to this request for an exception shall be in the manner prescribed in ECDC
20.03.002 and the applicant shall pay all costs to publish the legal public notices required by this provision.
The Director shall provide and keep written findings of fact of the decision.
2. The approval of the exception shall only be granted when the applicant demonstrates that the requirement
would cause a severe and unexpected economic hardship. To determine whether the requirement imposes a
severe and unexpected economic hardship on the project applicant, the applicant must document for City
review and approval, all of the following, at a minimum:
a. The current, pre -project use of the site; and
b. How application of the requirement(s) for which an exception is being requested restricts the proposed
use of the site compared to the restrictions that existed prior to adoption of this chapter; and
c. The possible remaining uses of the site if the exception were not granted; and
d. The possible uses of the site that would have been allowed prior to the adoption of this chapter; and
e. A comparison of the estimated amount and percentage of value loss as a result of the requirements versus
the estimated amount and percentage of value loss as a result of requirements that existed prior to
adoption of the requirements of this chapter; and
f. The feasibility of the applicant to alter the project to apply the requirements of this chapter.
3. Any exception must meet the following criteria:
a. The exception will not increase risk to the public health and welfare, nor be injurious to other properties
in the vicinity and/or downstream, and to the quality of waters of the state; and
b. The exception is the least possible exception that could be granted to comply with the intent of the
minimum requirements.
4. An exception to the requirements shall only be granted to the extent necessary to provide relief from the
economic hardship as determined by the Director, to alleviate the harm or threat of harm to the degree that
compliance with the requirement becomes technically feasible, or to perform the emergency work that the
Director determines is warranted.
5. The Director may require an applicant to provide additional information at the applicant's expense, including
(but not limited to) an engineer's report or analysis.
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6. When an exception is granted, the Director may impose new or additional requirements to offset or mitigate
harm or the threat of harm that may be caused by granting the exception, or that would have been prevented
if the exception had not been granted.
B. Adjustments.
1. The Director may approve a request for adjustments to the requirements of this chapter when the Director
finds that:
a. The adjustment provides substantially equivalent environmental protection; and
b. The objectives of safety, function, environmental protection, and facility maintenance are met, based on
sound engineering practices.
During construction, the Director may require, or the applicant may request, that the construction of drainage
control facilities and associated project designs be adjusted if physical conditions are discovered on the site
that are inconsistent with the assumptions on which the approval was based, including (but not limited to)
unexpected soil or water conditions, weather -generated problems, or changes in the design of the improved
areas; and
A request by the applicant for an adjustment shall be submitted to the Director for review and approval prior
to implementation. The request shall be in writing and shall provide facts substantiating the requirements of
subsection (C)(1) of this section, and if made during construction, the factors in subsection (C)(2) of this
section. Any such modifications made during the construction of drainage control facilities shall be included
with the final approved drainage control plan.
C. Appeal.
1. The Director's decision on an application for an exception or adjustment may appeal to the hearing examiner
in accordance with a Type II appeal process in ECDC Chapter 20.06.
2. The applicant shall carry the burden of proof.
3. The decision of the hearing examiner is appealable to superior court in accordance with Chapter 36.70C
RCW. [Ord. 3792 § 1, 2010].
18.30.080 Access and Covenants.
A. Access. Proper ingress and egress shall be provided to the City to inspect or perform any duty imposed upon the
City by this Title. The City shall notify the responsible party in writing of a failure to provide access. If the responsible
party fails to respond within seven days from the receipt of notification, the City may order the work required
completed or otherwise address the cause of improper access. The obligation for the payment of all cost that may be
incurred or expended by the City in causing such work to be done shall be imposed on the person holding title to the
subject property
B. Covenants. Maintenance covenants shall be required for each site/lot that will be maintained by a private entity
such as an individual, corporation, or homeowner's association. The maintenance covenant shall address or append
requirements and responsibilities for long-term management and maintenance the applicable BMP(s). Maintenance
covenants shall be as specified in City Engineering Division documents or approved by the Director, and recorded
with Snohomish County and on all proper deeds [Ord. 3792 § 1, 2010].
18.30.090 Post Construction Inspection and Maintenance Roles and Responsibilities.
Proper construction inspection and maintenance of stormwater facilities is essential for the protection of the City's
MS4 and the environment.
A. Stormwater Maintenance and Inspection Standards. Stormwater facilities shall be inspected and maintained per the
requirements of Volume I and Volume V of the SWMMWW. For systems which do not have a maintenance standard,
the owner shall develop a standard based on guidelines from the manufacturer, designer, or a registered professional
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Chapter 18.30 STORM WATER MANAGEMENT
engineer and submit the standards to the Director for approval. The purpose of the maintenance standard is to
determine if maintenance is required. The maintenance standard is not a measure of the facility's required condition at
all times between inspections. Exceeding the maintenance standard between inspections is not a violation of this
chapter.
B. Ownership. Stormwater facilities are either privately or publicly owned and maintained. All stormwater facilities
that serve private property are private, unless an agreement between the property owner and the City states otherwise.
Stormwater facilities that are privately owned by a homeowner's association or similar organization also are private.
The City may offer an incentive program to owners to support the proper maintenance of private storm drainage
facilities.
C. Public Stormwater Facilities. The City shall be responsible for operating, maintaining, repairing, and replacing
public stormwater facilities as funded through the Stormwater Utility.
D. Maintenance and Inspection of Permanent Facilities. All privately owned storm drainage facilities or controls shall
be maintained by the owner, or the homeowner or owner association ("owner") if one is established as part of a
residential or commercial development. All private storm drainage facilities shall be regularly inspected to ensure
proper operation and shall monitor the facility or control as required or as set forth in the SWMMWW. The Owner
shall maintain records of inspection and maintenance, disposal receipts, and monitoring results. The records shall
catalog the action taken, the person who took it, the date said action was taken, how it was done, and any problems
encountered or follow-up actions required. The records shall be made available to the City upon request. The Owner
shall maintain a copy of the Stormwater Operations and Maintenance Manual (if required) on site, and shall make
reference to such document in real property records filed with Snohomish County, so others who acquire real property
served by the privately owned storm drainage facilities or controls are notified of their obligation to maintain such
facilities or controls.
E. City Inspection of private stormwater facilities. The City shall have the authority to periodically inspect private
stormwater facilities, including low impact development stormwater facilities, for compliance with this chapter.
F. Right of Entry. An authorized representative of the City may enter private property at all reasonable times to
conduct inspections, tests or to carry out other duties imposed by the a state or Federal program provided that the City
makes a good faith effort to notify the property owner or person responsible for the premises prior to entering and
presents proper credentials to that person. If entry is refused or cannot be obtained, the Director shall have recourse to
every remedy provided by law to secure entry, including but not limited to, obtaining an administrative warrant for
entry.
G. Right of Entry for Illicit Discharge. In the event of an illicit discharge from a privately -owned stormwater facility
caused by improper maintenance or operation or other circumstance, the provisions of ECC 7.200 shall apply.
H. Maintenance Responsibilities. Upon written notice by the City, a private stormwater facility shall be promptly
repaired and/or brought up to applicable standards by the property owner or the person responsible for said facility. If
a private stormwater facility serves multiple lots and the responsibility for maintenance has not been specified on a
recorded subdivision plat, short plat, or other legal document, maintenance, operation and repair responsibility shall
rest with the homeowners' association, if one exists, or otherwise with the properties served by the facility, or finally,
with the owners of the property on which the facilities are located.
I. Disposal of Waste from Maintenance Activities. Disposal of waste from maintenance activities shall be conducted
in accordance with the minimum Functional Standards for Solid Waste Handling, Chapter 173-304 WAC, guidelines
for disposal of waste materials from storm water maintenance activities, and where appropriate, the Dangerous Waste
Regulations, Chapter 173-303 WAC.
18.30.100 Enforcement Procedures.
A. General enforcement action shall be in accordance with this chapter whenever a person has violated any provision
of this chapter. The choice of enforcement action is at the discretion of the City.
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B. Civil Penalties Adopted. ECDC Chapter 20.110 enforcement procedures are herein adopted in full, as modified in
this chapter, with the proviso that repeat offenders or violations deemed an immediate public hazard shall be subject to
compliance and appeal timelines as deemed appropriate by the Director based on the specific nature of the violation.
C. Maintenance Orders. The Director shall have the authority to issue to an owner or person an order to maintain or
repair a component of a stormwater facility or BMP to bring it into compliance with this chapter, the SWMMWW, the
Edmonds Stormwater Addendum, and the Edmonds Community Development Code. The order shall include:
1. A description of the specific nature, extent and time of the violation and the damage or potential damage that
reasonably might occur;
2. A notice that the violation or the potential violation cease and desist and, in appropriate cases, the specific
corrective actions to be taken; and
3. A reasonable time to comply, depending on the circumstances.
D. Civil Penalty. A person who fails to comply with the requirements of this chapter, who fails to conform to an
approval or order issued, who undertakes development without first obtaining approval, or who fails to comply with a
stop work order issued under these regulations shall be subject to a civil penalty levied in accordance with the
provisions of ECDC Chapter 20.110; provided, however, that the appeal process shall commence with a notice of
violation as provided in ECDC 20.110.040.13.
1. Civil penalties for code violations shall be imposed in accordance with the provisions of ECDC Chapter
20.110; provided, however, that in addition to the penalties set forth in that chapter, the hearing examiner is
authorized to levy a penalty of up to twenty thousand dollars ($20,000) per occurrence based upon an
assessment of the following factors. Where such factors are present, the hearing examiner is authorized to
levy such penalty after taking into consideration the full impact of the violation and any mitigating
circumstances (see subsection (2) below):
a. The violation created a risk to public health and the significance of the risk.
b. The violation damaged the environment and the significance of the damage.
c. The violation caused damage to public and private property and the significance of such damage.
d. A history of similar violations, if any.
e. The economic benefit of the violations, if any, to the person or entity responsible for the violations.
2. Mitigating circumstances which maybe used to offset or reduce the time resulting from the application of the
preceding factors are limited to:
a. Full compliance with a voluntary compliance agreement and no history of similar violations.
b. Full compliance with a voluntary compliance agreement and a history of one or two similar violations
(lesser reduction).
c. A "voluntary compliance agreement" is defined as a legally binding agreement entered into between the
City and the alleged violators, by which the violator(s) acknowledge the existence of the violation, waive
all appeal rights, and agree to and do pay a fine in an amount stipulated to between the violator and the
City.
3. If the violation(s) are not corrected as ordered, or a voluntary compliance agreement is not entered into within
that time period and no appeal is filed, the penalty for the next 15-day period shall be 150 percent of the
initial penalties, and the penalties for the next 15-day period shall be 200 percent of the initial penalties. The
intent of this subsection is to increase penalties beyond the maximum penalties stated as an additional means
to achieve timely compliance.
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Unless otherwise provided in a voluntary compliance agreement, civil penalties shall be paid within 30 days
of service of the notice and order or stop work order if not appealed. Payment of the civil penalties assessed
under this chapter does not relieve a person found to be responsible for a code violation of his or her duty to
correct the violation or to pay any and all civil penalties or other cost assessments issued pursuant to this
chapter.
The City may suspend immediate payment of civil penalties if the person responsible for a code violation has
entered into a voluntary compliance agreement. Penalties shall begin to accrue again pursuant to the terms of
the voluntary compliance agreement if any necessary permits applied for are denied, canceled or not
pursued, if corrective action identified in the voluntary compliance agreement is not completed as specified,
or if the property is allowed to return to a condition similar to that condition which gave rise to the voluntary
compliance agreement; provided, however, that additional penalties shall not be imposed until additional
notice and opportunity for hearing have been provided in accordance with ECDC Chapter 20.110.
Civil penalties assessed create joint and several personal obligations in all persons responsible for a code
violation.
E. The determination of the hearing examiner issued in accordance with ECDC Chapter 20.110 shall be appealable to
the Snohomish County superior court in accordance with the provisions of Chapter 36.70C RCW.
F. The remedies provided for in this section shall not be exclusive. The City may also use other civil and
administrative remedies available to it, including but not limited to the remedies provided in ECDC Title 19 and the
state building and dangerous buildings codes
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8.1
City Council Agenda Item
Meeting Date: 08/2/2016
Adoption of Ordinance Amending the Sign Code (10 min.)
Staff Lead: Rob Chave
Department: Planning Division
Preparer: Rob Chave
Background/History
The City Council received a briefing on the Planning Board's recommended sign code changes on July 5,
2016, and held a public hearing on July 19, 2016. The Council held a follow-up discussion on July 26, and
voted to add two amendments to the draft code (Exhibit 1).
The Planning Board had several discussions on options for temporary portable signs downtown,
including their meetings of April 27 and May 11, 2016. A Public Hearing was held on May 25, 2016 to
gather input on three options dealing with temporary (e.g. A -frame) signs in the Downtown area,
including (1) banning temporary portable signs such as A -frames, (2) allowing them as temporary signs
for 60 days only (same as current code), or (3) allowing them as a form of permanent signage with
restrictions on time, place and manner. In addition to the amendments regarding temporary portable
signs, the draft amendments address a number of other minor clarifications and code language
updates/issues. At the June 8, 2016 Planning Board meeting, the Planning Board indicated a preference
for Option 3 and requested staff prepare a recommendation to City Council for Option 3 and the other
clarifying amendments.
Staff Recommendation
Adopt the ordinance amending the Edmonds sign code (Exhibit 1).
Narrative
Following the public hearing on July 19, 2016, the Council voted to use the Planning Board's
recommended ordinance as a basis for discussion and further amendment. The Council had a follow-up
discussion on July 26th and voted to approve two amendments to the draft code:
1. Add a 2-1/2 foot maximum width to the allowed dimensions for pedestrian signs.
2. Insert the following language in ECDC 20.060.050 (insertion underlined):
"1.c. The sign shall be located within 10 feet of the building entry unless it is placed in a location
that better preserves public pedestrian and vehicular access, and must be placed within two
feet of the building. Any deviations from this standard must be submitted to the Architectural
Design Board for review and approval per 20.60.015(B)(1)."
The two amendments are shown in the draft ordinance (Exhibit 1) as blue -highlighted text; both
amendments appear on page 14/18 of Attachment A.
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8.1
As previously reviewed, the Planning Board's ordinance would implement "Option 3" which regulates
"pedestrian signs" in the following way:
"Pedestrian signs" are allowed as a form of permanent signage with restrictions.
Pedestrian signs require a permit and the sign area counts against the total sign area allocated
for a business.
Only one pedestrian sign is permitted per ground floor entrance.
The sign is only allowed to be displayed while the business is open.
Businesses may rotate their signs.
The sign must be located within 10 feet of the entry.
Minimum 5 feet of pedestrian clearance; the preferred locations are within 2 feet of the building
or curb and would be specified in the permit.
Maximum sign area for pedestrian signs is 6 sq. ft. Per sign.
To date, the Council's proposed amendments generally implement the Planning Board's
recommendation.
Attachments:
Exhibit 1: Sign code ordinance as amended by Council
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8.1.a
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE CITY'S SIGN CODE, AS
CODIFIED IN CHAPTER 20.60 OF THE EDMONDS
COMMUNITY DEVELOPMENT CODE.
WHEREAS, the city's planning board was asked to review the sign code, and particularly
the regulations relating to temporary portable signs; and
WHEREAS, the planning board had several discussions on options for temporary
portable signs, including their meetings of April 27 and May 11, 2016; and
WHEREAS, the planning board held a public hearing on May 25, 2016 to gather input on
three options dealing with temporary (e.g. A -frame) signs in the downtown area, including (1)
banning temporary portable signs such as A -frames, (2) allowing them as temporary signs for
sixty days only (same as current code), or (3) allowing them as a form of permanent signage with
restrictions on time, place and manner; and
WHEREAS, the proposed amendments also address a number of other minor
clarifications and code language updates; and
WHEREAS, at the June 8, 2016 planning board meeting, the planning board indicated a
preference for Option 3 and requested that staff prepare a recommendation to city council for
Option 3; and
WHEREAS, the city council received a briefing on the planning board's recommended
sign code changes on July 5, 2016; and
WHEREAS, the city council held a public hearing on the recommended sign code
changes on July 19, 2016; and
WHEREAS, following the public hearing on July 19, 2016, the city council voted to use
the recommended changes as a basis for discussion and any further amendment;
NOW, THEREFORE,
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8.1.a
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Chapter 20.60 of the Edmonds Community Development Code, entitled "Sign
Code," is hereby amended to read as set forth in Attachment A 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 strive through).
Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 3. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
APPROVED:
MAYOR DAVE EARLING
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
:•
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
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co
UAttachment: Exhibit 1: Sign code ordinance as amended by Council (1414 : Adoption of Ordinance Amending the Sign Code)
8.1.a
SUMMARY OF ORDINANCE NO.
of the City of Edmonds, Washington
On the day of , 2016, 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, AMENDING THE CITY'S SIGN
CODE, AS CODIFIED IN CHAPTER 20.60 OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE.
The full text of this Ordinance will be mailed upon request.
DATED this day of , 2016.
4840-7251-8158,v. 1
Arl
CITY CLERK, SCOTT PASSEY
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Edmonds
Chapter 20.60 SIGN CODE
Attachment A
Chapter 20.60
Sections:
20.60.000
Purpose.
20.60.005
Definitions.
20.60.010
Permit required.
20.60.015
Design review procedures.
20.60.020
General regulations for permanent signs.
20.60.025
Total maximum permanent sign area.
20.60.030
Wall signs— Maximum area and height.
20.60.035
Window signs — Maximum area.
20.60.040
Projecting signs — Maximum area and height restrictions.
20.60.045
Freestanding signs— Regulations.
20.60.050
Wall graphic and identification structures.
20.60.055
Pedestrian signs.
20.60.060
Campaign signs.
20.60.065
Real estate signs.
20.60.080
Temporary signs.
20.60.070
Construction signs.
20.60.090
Prohibited signs.
20.60.095
Exempt signs.
20.60.100
Administration.
Page 1/18
20.60.000 Purpose.
The purpose of this chapter is to enact regulatory measures to implement those goals and policies stated in the
Edmonds Comprehensive Policy Plan and to achieve the following objectives:
A. Protect the public right-of-way from obstructions which would impair the public's use of their right-of-way.
B. Minimize the hazard to the public represented by distractions to drivers from moving, blinking, or other similar
forms of signage or visual clutter.
C. Provide for distinct signage for each distinct property.
D. Encourage the use of graphics/symbols to reduce the visual clutter associated with overly large letters or
extensive use of lettering.
E. Minimize potential for view blockage and visual clutter along public rights -of -way. [Ord. 3461 § 2, 2003].
20.60.005 Definitions.
For the purposes of the enforcement of this chapter, the following definitions shall apply:
"Attached sign" is any sign attached or affixed to a building. Attached signs include wall signs, projecting signs, and
window signs.
"Boxed cabinet sign" is a permanent sign that is mounted on the face of a building that is roughly rectangular in
shape and provides for internal illumination and changing the message of the sign by replacing a single transparent
or translucent material such as a Plexiglas/lexan face. This definition is meant to distinguish between a cabinet sign
that is essentially a rectangular box and one that follows the outlines of the letters of the sign, or an "outline
cabinet sign."
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Chapter 20.60 SIGN CODE
"Building ID/historic sign" is a permanent sign that identifies or names a building and assists in creating landmarks
in the city. Examples include dates, "1890"; names, "Beeson Building"; or addresses.
"Campaign sign" is a temporary sign displaying a message relating to a candidate, political party, or issue that is
registered or certified for an upcoming election.
"Commercial sign" is a sign displayed for the purpose of identifying a commercial use, or advertising a service,
product, business or venture that is offered for trade or sale.
"Community event banner" is a noncommercial sign composed of cloth, fabric, canvas or similarly flexible material
that promotes a temporary community event endorsed, operated or sponsored wholly or in part by a local public
entity the jurisdiction of which includes the city of Edmonds. "Community events" are nonprofit, governmental or
charitable festivals, contests, programs, fairs, carnivals or recreational contests conducted within the city.
"Construction sign" is a permanent or temporary sign displayed on premises where any physical excavation,
construction, demolition, rehabilitation, structural alteration or related work is currently occurring, pursuant to a
valid building permit.
"Directional symbols" are small in size (two square feet or less) and intended to provide on -site directions to
specific locations or areas (such as parking areas, drive -through facilities, ATMs and entries and/or exits), hours of
operation, parking limitations, warnings of hazards, prohibition of activities (such as "no parking"), historical
markers and similar public information. Directional symbols are not considered to be signage as regulated in this
chapter.
"Fixed sign" is any sign attached or affixed to the ground or any structure in such a manner so as to provide for
continuous display for an extended or indeterminable period of time. Fixed signs include, but are not limited to,
freestanding signs and wall signs.
"Freestanding sign" is any sign that is not attached or affixed to a building. Freestanding signs can be further
described as "monument signs" or "pole signs."
"Governmental sign" is a sign owned, operated or sponsored by a governmental entity, and which promotes the
public health, safety or welfare. Governmental signs include, but are not limited to, traffic signs, directional and
informational signs for public facilities, publicly sponsored warning or hazard signs, and community event banners
displayed by a governmental entity on public property.
"Group sign" is a sign or signs on one sign structure serving two or more businesses sharing a parking facility.
"Halo sign" is a sign where the light source is concealed behind an opaque face and the rays of illumination are
projected outward around the edges of the sign or directed against the surface behind the sign forming a
silhouette or halo effect. Halo signs are not considered to be internally illuminated signs for the purposes of this
chapter.
"Identification structure" is a structure intended to attract the attention of the public to a site, without the use of
words or symbols identifying the businesses. Examples include fountains, sculptures, awnings, and totem poles.
"Internally illuminated signs" include any sign where light shines through a transparent or semi -transparent sign
face to illuminate the sign's message. Exposed neon is considered to be a form of internal illumination.
"Marquee" or canopy is a permanent roofed structure attached and supported by the building.
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"Marquee sign" is any sign attached to or made a part of a building marquee. A marquee sign is a form of
projecting sign.
"Monument signs" are freestanding signs that have integrated the structural component of the sign into the design
of the sign and sign base.
"Noncommercial sign" is a sign that is intended to display a religious, charitable, cultural, governmental,
informational, political, educational, or artistic message, that is not primarily associated with a good, product, or
service offered for sale or trade. Noncommercial signs include signs advertising incidental and temporary
commercial activities conducted by churches and nonprofit businesses, clubs, groups, associations or
organizations.
"Off -premises sign" is any sign that advertises or relates to a good, product, service, event, or meeting, that is
offered, sold, traded, provided, or conducted at some location or premises other than that upon which the sign is
posted or displayed. Off -premises signs include all signs posted or displayed in the public right-of-way.
"On -premises sign" is any sign that advertises or relates to a good, product, service, event, or meeting that is
lawfully permitted to be offered, sold, traded, provided, or conducted at the location or premises upon which the
sign is posted or displayed. On -premises signs also include signs not related to any particular location or premises,
such as signs displaying religious, charitable, cultural, governmental, informational, political, educational, or artistic
messages that are intentionally displayed by the owner of the property or premises upon which the sign is
displayed.
"Outline cabinet sign" is a permanent sign that is mounted on the face of a building that roughly follows the shape
of the text or symbology of the sign and provides for internal illumination. This definition is meant to distinguish
between a cabinet sign that follows the outlines of the letters of the sign and one that is essentially a rectangular
box or a "boxed cabinet sign." An "outlined cabinet sign" will be treated more like an "individual letter sign" where
the area of the sign is calculated based on the actual outlined shape of the sign.
"Permanent sign" is a fixed or portable sign intended for continuous or intermittent display for periods exceeding
60 days in any calendar year.
"Pole signs" are freestanding signs where the structural support for the sign is one or more aexposed pole(s). Pole
signs may include community event banners where the banner is supported by at least two poles that are
permanently attached to the ground ("pole -mounted community event banners"). However, pole signs with two
poles that are not more than six (6) feet in height are considered to be monument signs.
"Portable sign" is any sign that is readily capable of being moved or removed, whether attached or affixed to the
ground or any structure that is typically intended for temporary display. Portable signs include, but are not limited
to:
1. Signs designed and constructed with a chassis or support with or without wheels;
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2. Pedestrian signs, including signs such as A -frame (sandwich board), stanchion, easel, or post -style signs
8. "A" and „T„ fFaFne signs;
4. Wooden, metal, or plastic "stake" or "yard" signs;
S. Posters or banners affixed to windows, railings, overhangs, trees, hedges, or other structures or vegetation,
except for pole -mounted community event banners;
6. Signs mounted upon vehicles parked and visible from the public right-of-way, except signs identifying the
related business when the vehicle is being used in the normal day-to-day operation of the business, and
except for signs advertising for sale the vehicle upon which the sign is mounted;
7. Searchlights;
8. Inflatables.
"Premises" is the actual physical area of the lot upon which a sign is posted or displayed, except within the
11 pFemises" shall Include any portion of the publie sidewalk which fronts upon the 'at.
"Projecting sign" is any sign attached or affixed to a building or wall in such a manner that its leading edge extends
more than 12 inches beyond the surface of such building or wall.
"Reader board sign" is a sign that is designed to allow for a change in the message, either by adding or removing
plastic letters, or by means of electronics and lights. Reader boards do not include signs which have a changeable
message where the sign does not change more than once per day and where the changeable features are
integrated with the background and overall design of the sign, including the sign's typefaces, colors and
symbology. Individual letters or numbers placed on a solid colored background is considered to be a reader board.
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Two signs at left: Acceptable changeable message sign;
Two signs at rieht: A reader board.
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"Real estate sign" is a sign displaying a message relating to the sale or rent of real property.
"Sign" is any structure, device or fixture that is visible from a public place, that incorporates graphics, symbols, or
written copy for the purposes of conveying a particular message to public observers, including wall graphics or
identification structures.
"Sign area" is the Fnaximurn actual area of a sign that as visible from any SiRgle PE)iRt of observation from aRy public
vantage point. SLIPPE)FtiAg _rtF1_1G_#1_1.FP__r vOlhieh aFe paFt ef a sign display shall be n the ealeulation of the sign
area area of a sign on which copy is to be placed, as set forth in ECDC 20.60.020(A).
"Temporary sign" is an allowed per a sign intended for short-term display, not to exceed 60 calendar days in
any calendar year. Window signs meeting the requirements of ECDC 20.60.035 are not regulated as temporary
Signs.
"Wall graphic" is a wall sign, including murals, in which color and form, and primarily without the use of words, is a
part of the overall design on the building(s) where the wall graphic is proposed. A wall graphic may be painted or
applied (not to exceed one-half inch in thickness) to a building as a part of its overall color and design, but may not
be internally lighted. Internally lighted assemblies, including those which project from the wall of the structure, or
which are located on any accessory structure on the site, shall be considered wall signs and comply with the
requirements of this chapter.
"Wall sign" is a sign that is attached or affixed to a wall and that is parallel to and not projecting more than 12
inches at any angle from such wall. Wall signs include signs that are painted directly upon a wall.
"Window sign" is a sign that is attached or affixed to a window, or a sign displayed within 24 inches of the inside of
a window in such a manner as to be visible from any public place. [Ord. 3800 § 1, 2010; Ord. 3631 § 1, 2007; Ord.
3628 § 8, 2007; Ord. 3561 § 1, 2005; Ord. 3514 § 1, 2004; Ord. 3461 § 2, 20031.
20.60.010 Permit required.
A. Except as provided in this chapter, no permanent sign may be constructed, installed, posted, displayed or
modified without first obtaining a sign permit approving the proposed sign's size, design, location, and display as
provided for in this chapter.
B. Design approval is not required for the posting of permanent signs in residential zones; provided, that the
restrictions and standards of this chapter are met. If additional signage is requested for conditional or
nonconforming uses in residential zones, the property owner shall apply for design review. Design review is not
required for any sign which does not require a building permit.
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Chapter 20.60 SIGN CODE
C. A sign modification shall include, but is not limited to, relocations, modifications to size, design, height or color
scheme, or the replacement of 25 percent or more of the structural material in the sign area. Normal and ordinary
maintenance and repair, and changes to the graphics, symbols, or copy of a sign, without affecting the size,
structural design, height, or color scheme, shall not constitute modifications for purposes of this section. [Ord.
3514 § 2, 2004; Ord. 3461 § 2, 2003].
20.60.015 Design review procedures.
A. Staff Approval. Except as referred to the architectural design board pursuant to subsection (A)(1) of this section,
and except as provided in subsection (B) of this section, the planning manager, or designee, shall review all
applications for design review under this chapter, and shall approve, conditionally approve or deny the application
in accordance with the policies of ECDC 20.10.000, the criteria set fe th in ECDC 20.10.070, and the standards and
requirements of this chapter; provided, that for murals and artwork the planning manager or designee shall review
the application in accordance with the criteria set forth in subsection (C) of this section. The decision of the
planning manager on any sign permit application shall be final except that signs reviewed by the architectural
design board are appealable to the Hearing Examiner.Feviewable as a Type II appeal (See ECDC 20 n1 005)
established In Chapter 20.105 EGDG fOF appeal of sta4 deeffisiens and signs reviewed under subsection (A)(!) of this
1. The planning manager or designee may refer design review applications to the architectural design board
for the types of signs listed below, where the planning manager determines that the proposed sign has the
potential for significant adverse impacts on community aesthetics or traffic safety:
a. Any sign application for an identification structure as defined by this chapter;
b. Any sign application for a wall graphic as defined by this chapter;
c. Any proposed sign that the planning manager determines to be obtrusive, garish or otherwise not
consistent with the architectural features of the surrounding neighborhood.
B. Review by Architectural Design Board. The architectural design board shall review those signs listed below in
subsection (B)(1) and any sign permit referred by the planning manager pursuant to subsection (A)(1) of this
section.
n ae-ee—rd-a nee with the pelicies Af ECDC 20,10.000, the eFiteFia set forth in ECDC 20.10,070, and the standards and
Fecluirernents of this chapteF. The decision of the architectural design board on any sign permit application may be
appealed te the city ceuncil PUFSLiant te the PFeEedUFe established in ECDC 20.10.080 feF appeal ef MChiteEtural
design board decisiens.
1. The ADB shall review any AFy-sign permit application that requests a modification to any of the standards
prescribed by this chapter. The ADB shall only approve modification requests that meet -.II f the foll.,,.,in
Uiter+a that arise from one of the following two situations:
a. The request is for signage on a site that has a unique configuration, such as frontage on more than two
streets or has an unusual geometric shape or topography;
b. The request is for signage on a building that has unique architectural elements or features or details
that substantially restrict the placement or size of signage relative to other buildings in the vicinity.
2. The ADB may approve the requested modification only if it meets the following criteria:
ea. The design of the proposed signage must be compatible in its use of materials, colors, design and
proportions with development throughout the site and with similar signage in the vicinity;
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db. In no event shall the modification result in signage which exceeds the maximum normally allowed by
more than 50 percent.
C. Staff Review of Murals and Artwork. When a proposed wall graphic is proposed as a mural or artwork, the
planning manager or designee shall review and approve, conditionally approve, or deny the application in
accordance with the following criteria. While a separate sign permit is required for each wall graphic, the staff may
make a single design review decision on wall graphics that consist of related murals or artwork. Related murals or
artwork may include multiple proposals for sites within reasonable proximity to each other that are related by
theme, style, materials used, and/or context. The decision of the staff on any design review application containing
a mural or art as a wall graphic may be appealed to the city council pursuant to the procedure established in
Chapter 20.06 ECDC.
1. Art, like other exercises of First Amendment rights, may be limited by reasonable time, place, and manner
restrictions. In this case, these criteria will be utilized to enhance the aesthetics of the city and to ensure
quality and maintenance standards are observed. No recommendation shall be based upon the content or
message expressed by an artist or in a work of art. Applicants are encouraged to coordinate their artwork
with the design or architectural elements of the building and the historic and pedestrian -oriented character of
the downtown area.
2. Specific submission requirements for design review include, but are not limited to:
a. Site sketch showing locations of artwork;
b. Minimum one -fourth -inch scale color drawings of the art concept or art component;
c. Material/color samples;
d. Written Proposal. A written proposal in eight-and-one-half-inch-by-11-inch format to include a
description and summary of a final design proposal for the artwork; detailed maintenance requirements;
a schedule for development, fabrication, and completion; artist's resume; and evidence of assumption of
liability by applicant or designee; and
e. When required pursuant to ECDC 20.45.050, a certificate of appropriateness shall be obtained from
the historic preservation commission for murals on designated historic structures or within a designated
historic district.
3. Review Criteria. Review criteria for the design review include:
a. Quality of the materials used to create the artwork. Materials should be resistant to fading; no
fluorescent paints;
b. Durability and permanence, including ability to withstand age, vandalism, and weathering.
Consideration should be given to anti -graffiti coating; and
c. Compatibility of the artwork with architectural elements, other elements of the street, and adjacent
structures. Compatibility shall be determined by relationships of the elements of form, proportion, scale,
color, materials, surface treatment, and size and style of lettering. Lettering shall be minimized, but may
be considered for inclusion when necessary to the artistic content.
D. Notwithstanding the provisions of subsections (A), (B), and (C) of this section, sign permit applications shall not
be referred to or reviewed by the architectural design board if the proposed sign constitutes a modification to an
existing sign and involves no significant alteration or modification to the size, height, design, lighting or color of the
existing sign. Sign permit applications for such sign modifications shall be processed and subject to review in the
same manner as provided for staff review in subsection (A) of this section. [Ord. 3800 § 1, 2010; Ord. 3736 § 60,
2009; Ord. 3461 § 2, 2003].
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Chapter 20.60 SIGN CODE
20.60.020 General regulations for permanent signs.
A. Sien Area. The area of a Bien shall be calculated as follows:
1. The area of a sien is maximum actual area of a sien that is visible from anv single point of observation
from any public vantage point. The sign area is normally the smallest rectangle that encloses the entire
copy area of the sign.
2. Individual letters, numbers or symbols applied directly to a wall or structure and used to form the sign
shall be calculated individually;
3. Supporting structures which are part of a sign display shall be included in the calculation of the sign area,
except that the supporting structure of a monument sign or pole sign shall not be included when
calculating the sign area.
STORE ?
NAME 1
140S
Left: Sign Area = X * Y Right: Applied individual letters are calculated separately
Monument sign: the base is not included in the calculation of sign area (dashed rectangle)
A. When located on a wall or mansard roof, no sign may extend above the highest point of the wall or mansard
roof when the mansard roof is on a one-story building., eF above the eave eF dFiP line of a patchedFeef ^^ WhiEb
gated. Other than a mansard roof on a one-story building, Xa sign may not be attached above the eave or drip
line on a pitched roof.
B. Except for pole -mounted community event banners, no sign or any part of a sign may be designed or
constructed to be moving by any means and shall not contain items such as banners, ribbons, streamers and
spinners. Signs with type that is movable to change the message (reader boards) are allowed, subject to the
specific requirements detailed elsewhere in this chapter.
C. No signs shall Signs that extend into or over a public right-of-way unless an encroachment permit has been
apprised {3eeshall comply with -Chapter 18.70 ECDC4.
D. Exposed braces and angle irons are prohibited unless they are part of a decorative design that is integral to the
design of the sign. Guywires are prohibited unless there are no other practical means of supporting the sign.
E. No sign shall have blinking, flashing, fluttering or moving lights or other illuminating device which has a changing
light density or color; provided, however, temperature and/or time signs that conform in all other respects to this
chapter are allowed. Electronic reader boards may have messages that change, however, moving messages are not
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allowed. Messages that change at intervals less than 20 seconds will be considered blinking or flashing and not
allowed.
F. No light source which exceeds 20 watts shall be directly exposed to any public street or adjacent property.
G. No illumination source of fluorescent light shall exceed 425 milliamps or be spaced closer than eight inches on
center.
H. No commercial sign shall be illuminated after 11:00 p.m. unless the commercial enterprise is open for business
and then may remain on only as long as the enterprise is open.
I. No window signs above the first floor shall be illuminated.
J. Sign height shall be determined as follows:
1. For attached signs, sign height is the vertical distance from the highest point on the sign to the average
finished grade.
2. For freestanding signs, sign height is the vertical distance from the highest point of the sign area or its
support to the average elevation of undisturbed se4the finished grade at the base of the supports.
K. Portable signs may not be used as permanent signage; only fixed signs are permitted.
L. The following matrix summarizes the types of signs permitted in each neighborhood/district within the city:
Sign Type
Downtown'
SR-99'
Westgate/SR-1043
Neighborhood
Commercial (BN BP
and FVMU Zones)
Business Uses in RM
Zones
Wall -mounted
P
P
P
P
P
Monument
C
P
P
C
C
Pole
N
P
N
N
N
Projecting
P
P
P
P
P
Internal Illumination
C
P
P
C
N
Reader Boards
C
C
C
C
C
Individual Letters
P
P
P
P
P
Boxed Cabinet
N
P
C
C
N
Building ID
P
P
P
P
p
5;A1q(a,.0i,h PARF,JS
Pedestrian
P
N
N
N
N
Wall Graphics
C
C
C
C
C
' Downtown includes all properties within the Downtown Activity Center defined in the Comprehensive Plan.
SR-99 includes all properties within the Medical -Highway 99 Activity Center and the Highway 99 Corridor defined in the Comprehensive
Plan.
3 Westgate/SR-104 includes all properties within the Westgate Corridor, the Edmonds Way Corridor, and within the Westgate Community
Commercial area, as defined in the Comprehensive Plan.
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Note: In the above table, P = Permitted; N = Not permitted; C = Conditionally permitted through design review if consistent with the standards
itemized in ECDC 20.60.020(M).
M. The following standards clarify how some signs identified as "conditionally permitted" must be installed to be
permitted in the city of Edmonds.
1. Monument signs over six feet in height must be reviewed to ensure that the materials, colors, design and
proportions proposed are consistent with those used throughout the site.
2. Internally illuminated signs in the downtown area and neighborhood commercial areas may only light the
letters or logos/symbols. The background of a sign face may not be illuminated.
3. Internally illuminated signs in the downtown area and the neighborhood commercial areas must be
mounted on the wall of the building. They may not be mounted on or under an attached awning.
4. Internally illuminated signs that use exposed neon may only be located in the interior of buildings in the
downtown area and the neighborhood commercial areas.
5. Internally illuminated signs in the downtown area shall not be permitted to be higher than 14 feet in height.
6. Reader board messages are limited to alphanumeric messages only.
7. Reader boards are only permitted for public uses or places of public assembly. Public uses and places of
assembly include, but are not limited to, schools and churches as well as local and regional public facilities.
8. The background color of a boxed cabinet sign face must be coordinated with and compliment the colors
used on the building.
9. The background color of a boxed cabinet sign face must be opaque and not allow any internal illumination
to shine through. [Ord. 3631 § 2, 2007; Ord. 3461 § 2, 2003].
20.60.025 Total maximum permanent sign area.
A. Business and Commercial Zone Districts (BN, ABC, BD, WMU, CW and CG).
1. The maximum total permanent sign area for allowed or permitted uses in the BN, BC, BD and CW zones
shall be one square foot of sign area for each lineal foot of wall containing the main public entrance to the
primary building or structure located upon a separate legal lot.
2. The maximum total permanent sign area for allowed or permitted uses in the CG zone shall be one square
foot of sign area for each lineal foot of building frontage along a public street and/or along a side of the
building containing the primary public entrance to a maximum of 200 square feet. The allowable sign area
shall be computed separately for each qualifying building frontage, and only the sign area derived from that
frontage may be oriented along that frontage. Sign areas for wall -mounted signs may not be accumulated to
yield a total allowable sign area greater than that permitted upon such frontage, except that businesses
choosing not to erect a freestanding sign may use up to 50 percent of their allowable freestanding sign area
for additional attached sign area. Use of the additional area shall be subject to the review of the architectural
design board.
3. The maximum total permanent sign area may be divided between wall, projecting, and freestanding signs,
in accordance with regulations and maximum sign area and height for each type of sign, as provided in ECDC
20.60.030 through 20.60.050. Projecting signs (including blade signs) of four square feet or less and W+ndew
window signs meeting the requirements of ECDC 20.60.035 do not count against the total permanent sign
area permitted.
4. The maximum number of permitted permanent signs is three per site, or three per physically enclosed
business space on commercial sites with multiple business tenants. A site with more than one street frontage
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is allowed a maximum of five (5) signs. Pro[ecting (including blade) signs of four square feet or less and
Wandew-window signs meeting the requirements of ECDC 20.60.035 do not count against the total number of
permitted permanent signs. Multi -tenant sites are allowed one additional group sign per street frontage
identifying the individual subtenants at the site. The total sign area of all signs permitted on site must also
comply with the maximum total permanent sign area specified in this chapter.
5. Where permitted, pedestrian signs do count against the permanent sign area and the number of signs
permitted.
B. Residential Zone Districts (RS, RM).
1. The maximum allowable signage area for individual residential lots shall be four square feet per street
frontage, except as provided in subsection (13)(2) of this section.
2. The maximum allowable signage area for formal residential subdivisions, planned residential developments
(PRD), or multifamily structures containing at least 10 dwelling units shall be 10 square feet per main street
entrance into the subdivision or PRD. Only one sign may be provided at each main entrance.
3. The maximum total permanent sign area may be divided between wall and freestanding signs, in
accordance with regulations and maximum sign area and height for each type of sign, as provided in ECDC
20.60.030 through 20.60.050. Window signs meeting the requirements of ECDC 20.60.035 do not count
against the total permanent sign area permitted.
4. Signage in excess of that provided in subsections (13)(1) and (2) of this section for lawful nonconforming or
conditional nonresidential uses in residential zones may be approved through the issuance of a sign permit
pursuant to ECDC 20.60.010, subject to the maximum area and height limitations established for signs in the
BN zone.
5. The maximum number of permitted permanent signs is one, except that multifamily sites with more than
one vehicular entrance may have one permanent sign per entrance. The total sign area of all signs (excluding
incidental signs) permitted on -site must also comply with the maximum total permanent sign area specified in
this chapter. [Ord. 3805 § 1, 2010; Ord. 3628 § 9, 2007; Ord. 3461 § 2, 2003].
20.60.030 Wall signs — Maximum area and height.
A. The maximum area of any wall sign shall be as follows:
Zone
Maximum Area of Sign
RS, RM
4 square feet
BN, BP BC, BD, CW, CG,
WMU, FVMU
1 square foot per lineal foot of attached
wall
B. The maximum height of any attached sign shall be as follows:
Zone
Maximum Height of Sign
RS, RM
6 feet
BN, BP BC, BD, CW, CGL
14 feet or the height of the face of the
WMU, FVMU
building on which the sign is located,
consistent with ECDC 20.60.020(A)
[Ord. 3628 § 10, 2007; Ord. 3461 § 2, 2003].
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20.60.035 Window signs — Maximum area.
The maximum area of any window sign shall be as follows:
Zone
Maximum Area of Sign
RS, RM
4 square feet
BN, BPBC, BD, CW, CG,
WMU,FVMU
1 square foot per each lineal foot of
window frontage
[Ord. 3628 § 11, 2007; Ord. 3461 § 2, 20031.
20.60.040 Projecting signs — Maximum area and height restrictions.
A. The maximum area of any projecting sign shall be as follows:
Zone
Maximum Area of Sign
RS, RM
Not permitted
BN, BP BC, BD, CW.
WMU, FVMU
16 square feet
CG
32 square feet
B. The maximum height of any projecting sign shall be as follows:
Zone
Maximum Height of Sign
RS, RM
Not permitted
BN, BPBC, BD, CW, CGS
WMU, FVMU
34 fecEHeight of the wall to which the
sign is attached
C. The bettem of the sign area of projecting signs shall be at least eight feet in height and at least 1-1- feet in height
if at projects ever a vehicle traveled right of- a-y The sign area of a marquee sign may not exceed two feet in
vertical dimension. [Ord. 3628 § 12, 2007; Ord. 3461 § 2, 2003].
20.60.045 Freestanding signs — Regulations.
A. Regulation. Permanent freestanding signs are discouraged. Freestanding signs shall be approved only where the
applicant demonstrates by substantial evidence that there are no reasonable and feasible alternative signage
methods to provide for adequate identification and/or advertisement.
B. Maximum Area. The maximum area of a freestanding sign shall be as follows:
Zone
Maximum Area of Sign
RS, RM
10 square feet (subdivision, PRD, multifamily)
4 square feet (individual residence sign)
BN BP
24 square feet (single)
48 square feet (group)
BC, BD, WMU,
32 square feet (single)
FVMU
48 square feet (group)
CW
32 square feet (single)
48 square feet (group)
CG
Sign area shall be governed by subsection (C) of
this section
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Chapter 20.60 SIGN CODE
C. Allowable Sign Area for Freestanding Signs — CG Zone. The total allowable sign area for freestanding signs on
general commercial sites shall be 56 square feet or one-half square foot of sign area for each lineal foot of street
frontage, whichever is greater, up to a maximum of 160 square feet of freestanding sign area. Multiple business or
tenant sites shall further be allowed an additional 24 square feet of freestanding sign area for each commercial
tenant or occupant in excess of one up to a maximum sign area of 160 square feet. Corner lots choosing to
accumulate sign area under the provisions of subsection E of this section shall be limited to 160 square feet.
D. Maximum Height. The maximum sign height of freestanding signs shall be as follows:
Zone
Maximum Height of Sign
R5, RM
6 feet
BN, BP BC, BD, CW,
WMU, FVMU
14 feet
CG
25 feet
E. Location. Freestanding signs shall be located as close as possible to the center of the street frontage on which
they are located. Except for pole -mounted community event banners, freestanding signs may not be located on
public property. Sites on a corner of two public streets may have one sign on the corner instead of a sign for each
frontage. Monument signs not more than six feet in height may be located in a zoning setback, but not less than
five (5) feet from a property line.
F. Number. In all zones, each lot or building site shall be permitted no more than one freestanding sign, except in
the business and commercial zones where a lot or site has frontage on two arterial streets, in which case there
may be permitted one sign per street frontage subject to the restrictions on area contained within this chapter.
G. Landscaping.
1. Each freestanding sign shall have a landscaped area twice the size of the sign area at the base of the sign
The landscaping and sign base shall be protected from vehicles by substantial curbing.
2. The applicant shall provide a landscape performance bond in the amount of 125 percent of the estimated
costs of the landscaping, or $1,000, whichever is more. The bond shall be processed in accordance with
Chapter 17.10 ECDC. [Ord. 3631 § 3, 2007; Ord. 3628 § 13, 2007; Ord. 3461 § 2, 2003].
20.60.050 Wall graphic and identification structures.
There are no area restrictions on wall graphics or identification structures. [Ord. 3461 § 2, 20031.
20.60.055 Pedestrian signs.
Pedestrian signs are only permitted on private property and in the adjacent right-of-way in the BC, BD, CW, and CG
zones located within the Downtown Waterfront Activity Center, as defined in the Comprehensive Plan. Pedestrian
signs are only permitted if they meet the following requirements.
1. Pedestrian signs may be permitted to be located either (1) between the business storefront and
the public right-of-way, or (2) on the sidewalk in front of the business storefront if the
pedestrian sign meets the following standards.
a. Only one pedestrian sign is permitted per ground floor storefront;
b. Businesses may make arrangements to rotate their pedestrian signs provided they meet the
one sign -per -storefront standard:
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8.1.a
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Chapter 20.60 SIGN CODE
Page 14/18
c. The sign shall be located within 10 feet of the building entry, unless it is placed in a location
that better preserves public pedestrian and vehicular access, and must be placed within two
feet of the building. Any deviations from this standard must be submitted to the
Architectural Desien Board for review and approval Der 20.60.015(B)(1):
d. A business located on a corner property shall have no more than one pedestrian sign,
regardless of the number of streets the business fronts on;
e. If located on or near a sidewalk, building entry or pedestrian way, the sign shall be located
to provide a minimum of five feet of clearance for pedestrians to pass;. The "*{^Fred
f. Pedestrian signs cannot be left outside during hours that the business is closed to the public.
Pedestrian signs are limited to:
— six (6) square feet in area, 2-1/2 feet in width, and 3-1/2 feet in height for A -frame or
sandwich board signs; and
— six (6) square feet in area, 2-1/2 feet in width, and 4-1/2 feet in height for stanchion, easel
or other types of pedestrian signs.
20.60.060 Campaign signs.
A. On -premises campaign signs are permitted as a form of temporary signage in all zones, subject to the maximum
sign size limitations set forth in ECDC 20.60.080.
B. Off -premises campaign signs are permitted as a form of temporary signage in the public right-of-way; provided,
that the following requirements are met:
1. All campaign signs shall be posted in accordance with the regulations set forth in ECDC 20.60.080(B).
2. All off -premises campaign signs shall be removed within 10 days after the primary, general, or special
election to which they pertain.
3. Off -premises campaign signs shall be posted and displayed no earlier than upon declaration of candidacy in
accordance with Chapter 29.15 RCW, or other formal registration or certification of the candidate, party,
initiative, referendum or other ballot issue for an upcoming election, or 60 days prior to the election,
whichever time period is greater.
C. There is no maximum number of off -premises campaign signs that may be posted. [Ord. 3461 § 2, 2003].
20.60.065 Real estate signs.
A. On -premises real estate signs are permitted as a form of temporary signage in residential and commercial
zones, subject to the maximum signage area and sign number limitations set forth in ECDC 20.60.080.
B. Off -premises real estate signs are permitted as a form of temporary signage, subject to the following
requirements:
1. Two and only two types of off -premises real estate signs shall be permitted:
a. An off -premises real estate directional sign is a sign displaying a directional arrow and either a
company or logo, or an indication that the property is for sale by its owner, and installed for the purpose
of directing the public to the property.
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Chapter 20.60 SIGN CODE
Page 15/18
b. An off -premises open house sign is a form of temporary off -premises sign indicating the property is
currently open for viewing.
2. All off -premises real estate signs shall be posted in accordance with the regulations set forth in ECDC
20.60.080(B).
3. The maximum number of off -premises real estate signs allowed per property shall only be the number
reasonably necessary to direct people to the premises. An agent or owner shall be permitted no more than
one off -premises real estate directional sign per intersection and five in total. No more than one off -premises
open house sign shall be displayed per intersection and no more than five in total.
a. Each off -premises real estate directional sign shall bear a legible tag located on the sign or supporting
post indicating the date of posting and the address of the property to which it pertains.
b. Off -premises real estate open house signs shall only be posted during daylight hours when the real
estate agent or owner is in attendance at the property for sale or rent, and shall be removed
immediately upon the termination of an "open house" or other similar property display event.
4. No off -premises real estate signs shall be fastened to any traffic control device, public structure, fence,
rock, tree or shrub.
C. All on -premises and all off -premises real estate directional signs shall be removed within seven days after the
closing of the sale or lease of real property to which the sign pertains. [Ord. 3461 § 2, 20031.
20.60.070 Construction signs.
Construction signs shall, irrespective of their duration, conform to the general regulations for permanent signs
specified under ECDC 20.60.020. Notwithstanding any other provision of this chapter, the maximum area of a
construction sign in any zone shall be 32 square feet. No sign permit is required for the posting of construction
signs; provided, that all construction signs shall be removed from the premises within 10 days of the cessation of
the excavation, construction, demolition, rehabilitation, structural alteration or related work on site.
Zone
Maximum Area of Signage (per Street Frontage)
RS
16 square feet, or 32 square feet if one sign is
displayed for a project consisting of building
permits issued for four lots or more. Only one sign
may be displayed per project.
All other
32 square feet
zones
The preceding square footages shall be in addition to any other temporary signage permitted by ECDC 20.60.080
[Ord. 3514 § 3, 20041.
20.60.080 Temporary signs.
A. On -Premises Temporary Signs. On -premises temporary signs are permitted in residential and commercial zones,
in addition to any allowed or permitted permanent signage, subject to the following restrictions and standards:
1. Residential Zones (RS, RM).
a. Only portable, freestanding or attached signs may be used as temporary signage.
b. Commercial on -premises temporary signage is not permitted, except for real estate signs as defined by
ECDC 20.60.065.
c. Maximum number is one attached or freestanding sign.
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Edmonds
Chapter 20.60 SIGN CODE
2. Commercial Zones (BN, ABC, BD, WMU, FVMU, CW, CG).
Page 16/18
a. Only portable freestanding or attached signs may be used for temporary signage; provided, that
"sandwich board" 9F "A" frarne portable signs shall enly be peFFnitted in the BC, BD and CW zones._
"Attached" signs may be affixed to any existing building or sign structure that is permitted as a
permanent structure on the property. New temporary structures whose sole purpose is to display the
temporary sign are not otherwise permitted.
b. Maximum duration of display is 60 days in any calendar year for the cumulative posting of all
temporary commercial signage upon each commercial location or premises. A permit is required,
specifying the duration and location of display.
c. Maximum number of temporary signs is one freestanding sign per property street frontage, and one
attached sign per building.
3. The total maximum area of on -premises temporary signage shall be as follows:
Zone
Maximum Area of Temporary Sign
RS, RM
6 square feet
BN, BP BC, BD, CW.
WMU, FVMU
20 square feet
CG
30 square feet
4. The total maximum area for each allowed on -premises temporary sign shall be as follows:
Zone
Maximum Area of Temporary Sign
RS, RM
6 square feet (freestanding and attached)
BN, BP BC, BD,
6 SqUaFe feet (fFeestan n )
CW, WMU,
20 square feet (attached)
FVMU
30 square feet (attached)
5. The maximum height of any allowed on -premises temporary sign shall be as follows:
Zone
Maximum Height of Sign
RS, RM
6 feet (freestanding and attached)
BN, BPBC, BD, CW,
CG, WMU, FVMU
3 feet (freestanding)
14 feet (attached)
6. In no case shall temporary signage be posted, located, or displayed in violation of the regulations for
permanent signs set forth in ECDC 20.60.020 through 20.60.050.
B. Off -Premises Temporary Signage. Off -premises temporary signs are allowed in residential and commercial
zones, in accordance with the restrictions and standards set forth below:
1. Commercial off -premises temporary signage is prohibited, except for real estate signs as permitted by ECDC
20.60.065; provided, that such off -premises real estate signs shall be posted, displayed, and removed as
provided for in that section, in addition to the provisions of subsections (13)(5) through (9) of this section.
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Chapter 20.60 SIGN CODE
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2. Noncommercial off -premises signs are permitted in the public right-of-way; provided, that the posting and
display of off -premises signs in the public right-of-way shall require a street use permit where required
pursuant to Chapter 18.70 ECDC.
3. Maximum duration of display for all temporary off -premises signs is a cumulative of 60 days in any calendar
year, except as otherwise provided in ECDC 20.60.060 for campaign signs. Display may be continuous or
intermittent, except as otherwise provided in this section.
4. Except for campaign signs as provided in ECDC 20.60.060, all off -premises noncommercial signs relating to a
specific meeting, event, or occurrence shall be removed within 48 hours following the conclusion of the
meeting, event, or occurrence to which they relate.
5. Only portable freestanding signs may be used as temporary off -premises signage; provided, that the
following types of portable freestanding signs are prohibited from use as an off -premises sign:
a. Signs with a vehicular chassis or support with or without wheels;
b. Posters and banners;
c. Signs mounted upon vehicles;
d. Searchlights;
e. Inflatables.
6. Maximum number of allowed off -premises signs to be displayed simultaneously shall be one sign per sign
poster except as provided in ECDC 20.60.060 for campaign signs and in ECDC 20.60.065 for real estate signs.
7. Maximum allowable sign area for all temporary off -premises freestanding signs is six square feet.
8. Maximum allowable sign height for all permitted off -premises signs is three feet.
9. All off -premises temporary signage shall be posted and displayed in accordance with the following
restrictions:
a. Off -premises signs may not be placed in any portion of the public right-of-way typically used by motor
vehicles in a lawful manner.
b. Off -premises signs shall be placed so as not to impede pedestrian, bicycle, or handicapped travel or
access.
c. Off -premises signs shall not be posted in a manner or location which impairs traffic safety by
unreasonably blocking line of sight at intersections.
d. Off -premises signs shall be constructed of suitable material and design to adequately withstand the
reasonably expected normal or average weather conditions during the intended display period of the
sign.
e. Off -premises signs shall be regularly inspected to ensure that they have not been damaged or
destroyed by natural forces or vandalism. Damaged and destroyed signs shall be immediately removed
or repaired so as to avoid threats to public health and safety or the accumulation of unclaimed refuse
upon the public rights -of -way.
f. Off -premises signs shall not be posted upon public property other than the public right-of-way, and
shall further not be posted within or upon planter boxes and flower beds within the publicly maintained
landscaped portions of the public right-of-way. [Ord. 3628 § 14, 2007; Ord. 3461 § 2, 2003].
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8.1.a
Edmonds
Chapter 20.60 SIGN CODE
20.60.090 Prohibited signs.
A. General. All signs not expressly permitted by this chapter are prohibited.
Page 18/18
B. Hazards. Signs which the director of public works determines to be a hazard to vehicle or water traffic because
they resemble or obscure a traffic control device, or because they obscure visibility needed for safe traffic passage,
are prohibited. These signs shall be removed if they already exist.
C. Confiscation of Prohibited Signs in Public Rights -of -Way. All signs which are located within a public right-of-way
and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be
subject to immediate removal and confiscation.
D. Any signs confiscated by the city shall be held for 10 working days after which such signs may be destroyed or
otherwise disposed of. The owner of any confiscated signs may recover the same upon payment of a $25.00 fee to
cover the cost of confiscation and storage. [Ord. 3461 § 2, 2003].
20.60.095 Exempt signs.
The following types of signs are exempted from regulations of this chapter, except that the dimensional and
placement standards shall apply unless variance is required by other provisions of local, state or federal law:
A. Governmental signs.
B. Signs required by provision of local, state, or federal law.
C. Official public notices required by provision of local, state, or federal law.
D. Signs not visible from a public location.
E. Seasonal and holiday displays not incorporating the use of written copy or graphics to convey a message.
F. Gravestones. [Ord. 3461 § 2, 2003].
20.60.100 Administration.
A. General. The community development director is responsible for administering and enforcing the provisions of
this chapter. He or she shall adopt application requirements for sign permits. Fees shall be as stated in Chapter
15.00 ECDC.
B. Installation Permits. Many signs require installation permits under Chapter 19.45 ECDC and may require plan
checking fees as well.
C. Notice of Violation. Whenever the planning director becomes aware of a violation of the provisions of this
chapter, the planning director shall cause a notice to be sent to the alleged violator informing him or her of the
violation, the applicable code section, and a time within which to remedy the violation. The notice shall also advise
of the penalties for continued violation of the code as specified in this chapter. If the violation has not been
corrected within the time limit specified, the planning director shall refer the matter to the city attorney's office
for institution of appropriate legal action.
D. Penalty. Any person violating any provision of this code shall be guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine of $25.00 for each day of continued violation. [Ord. 3461 § 2, 2003].
Packet Pg. 185
8.2
City Council Agenda Item
Meeting Date: 08/2/2016
Willow Creek Daylighting RCO authorization (10 min.)
Staff Lead: Carrie Hite
Department: Parks, Recreation & Cultural Services
Preparer: Carrie Hite
Background/History
Council has authorized the Mayor to apply for various grants for the Daylighting of Willow Creek.
Council has adopted this projected in the Comprehensive Plan, PROS Plan, and Marina Beach Master
Plan.
Staff Recommendation
Authorize Mayor to sign resolution confirming the City's application for SRFB funding.
Narrative
Overview: The City of Edmonds will use this funding to prepare preliminary (60%) designs for the
daylighted channel connection between Edmonds Marsh and Puget Sound by reconfiguring Willow
Creek connection across the Unocal site, under BNSF railroad and across Marina Beach.
Background: Edmonds Marsh is a 28-acre remnant of a historical 100+-acre barrier estuary and marsh
complex located a short distance from the downtown area of Edmonds. Two spring -fed, freshwater
tributaries feed into Edmonds Marsh- Willow Creek (393-acre basin) and Shellabarger Creek (378-acre
basin). Edmonds Marsh is one of the few remaining such ecological features in the Central Puget Sound
nearshore. Research indicates that barrier estuary habitats, such as this, are an important habitat type
for Pacific juvenile Chinook salmon (Fresh, 2006; Beamer, 2006) and significant losses of this particular
habitat type have occurred along the WRIA 8 shoreline (Williams et al, 2001; Leschine, T. and AW
Petersen, 2007). Several studies specifically call out the need for restoration of barrier estuary
complexes as a critical component to Chinook recovery (Redman, S, 2005; Beamer, 2006), including the
2012 Puget Sound Partnership Action Agenda.
Historically, Edmonds Marsh and the contributing creek watersheds likely supported several salmon
species and life stages, including juvenile Chinook and coho salmon in the marsh system. The current
conditions significantly limit fish access, and there is no evidence of non -natal juvenile salmon rearing in
the marsh. Daylighting Willow Creek will allow for expanding and enhancing juvenile salmon rearing and
secondarily adult coho spawning, as well as enhance the existing cutthroat populations.
Description of the passage problem: The current outlet of the marsh is via a combination of a narrow,
steep ditch and a 1,600' long system of buried pipes and vaults that empties into Puget Sound at
approximately -8.0' MLLW. A flap tide gate is present mid -way along the pipe outfall system. The
tidegate is mostly closed during winter months (mid -October through mid -March) limiting tidal inflow.
The gate is held open mid -March through mid -October. This existing system is a nearly complete fish
Packet Pg. 186
8.2
access barrier. In addition, the existing system interrupts the natural delivery of freshwater, organic
matter (detritus), and prey organisms to the shoreline of the Puget Sound. Thus, juvenile Chinook
salmon and other species migrating and rearing in the shallow waters along the shoreline do not benefit
from the current inputs of the marsh system.
Current project proposal to RCO: The goal of the overall project is to restore tidal inflow and to improve
fish passage conditions into Edmonds Marsh, by daylighting Willow Creek. The Final Feasibility Study
(completed in Dec 201S and funded by RCO) indicates this restoration action will provide improved
access to 28 acres of estuarine marsh habitat suitable for juvenile Chinook salmon. Additional benefits
include increased connectivity to upstream spawning for other salmonid species, such as coho.
The goal of the current project phase, Willow Creek Daylighting Preliminary Design, is to advance the
project design of a daylighted Willow Creek connection between Edmonds Marsh and Puget Sound via
the Unocal property and across Marina Beach Park. This project phase will also prepare all State, Federal
and local permit applications.
Proposed Project Deliverables in this project phase:
1. Preliminary Design: Preliminary design will be advanced to a 60% level include the daylight channel,
soldier pile wall, floodgate, soil handling/processing, riparian vegetation and habitat feature designs,
grading plans, alignments and start detail design. A technical specifications outline will be prepared.
Hydraulic floodplain modeling will address the location of The City of Edmonds Marsh and Willow
Creek within the FEMA Flood Insurance Rate Map 53061C1292E. The project will develop a
hydraulic report tailored for the floodplain permit including a no -rise analysis to the City of Edmonds
and FEMA.
2. Climate change and sea -level rise assessment: the project will review potential impacts for tidal
marsh areas, fish habitat, stormwater flooding, and infrastructure adjacent to the Willow Creek
Daylight project including the Marina Beach Park, the Daylight Channel, Edmonds and Shellabarger
Creek Marsh
3. Permitting preparation: Preparation of permits including stream, wetland and OHWM delineation,
wetland rating, Biological Assessment/Limit 8 (Federal ESA), SEPA checklist, and DARPA,
Maintenance and Monitoring plan as required by NWP 27 to the Corps and included in the DARPA,
Cultural Resources Coordination, and City of Edmonds Environmental permits.
4. Stakeholder outreach: On -going engagement and outreach as needed with project stakeholders
including, WSDOT Ferries Division, Port of Edmonds, and the community.
Attachments:
20160718 Resolution re RCO grants
Packet Pg. 187
8.2.a
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE
SUBMISSION OF GRANT APPLICATION(S)
FOR SALMON RECOVERY PROJECT(S) TO
THE SALMON RECOVERY FUNDING BOARD.
Organization Name City of Edmonds
Project Name and Number (s): Willow Creek Daylighting Final Design Number: 16-1214
This form authorizes submitting grant application(s) for salmon recovery project(s) to the
Salmon Recovery Funding Board as provided in Revised Code of Washington 77.85, Washington
Administrative Code 420, and subsequent legislative action.
WHEREAS, under the provisions of the Salmon Recovery Act, state grant assistance is requested
to aid in financing the cost of planning and restoration; and
WHEREAS, our organization considers it in the best public interest to complete the project
described in the application(s).
NOW, THEREFORE, BE IT RESOLVED that:
1. The Mayor is authorized to make formal application to the Salmon Recovery Funding
Board for grant assistance.
2. Our organization has reviewed the sample project agreement on the Recreation and
Conservation Office's Web site at:
www.rco.wa.gov/documents/manuals&forms/SampleProiAgreement.pdf and authorize
Carrie Hite, Parks, Recreation & Cultural Services Director, to enter into such a project
agreement, if funding is awarded. We understand and acknowledge that the project
agreement will contain the indemnification (applicable to any sponsor) and waiver of
sovereign immunity (applicable to Tribes) and other terms and conditions that are
contained in the sample project agreement.
3. Any grant assistance received will be used for direct costs associated with
implementation of the project referenced above.
4. Our organization expects our matching share of project funding will be derived from
REET and Storm Water utility funds and meets the requirements of Washington
Administrative Code 420-12-040. In addition, our organization understands it is
responsible for supporting all non -cash commitments to this project should they not
materialize.
5. We acknowledge that if the Salmon Recovery Funded Board approves grant assistance
for the project(s), the Recreation and Conservation Office will pay us on only a
reimbursement basis, except for a specially approved advance payment. We understand
11
Packet Pg. 188
8.2.a
reimbursement basis means that we will only request payment from the Recreation and
Conservation Office after we incur eligible and allowable costs and pay them. The
Recreation and Conservation Office also may determine an amount of retainage and
hold that amount until the project is complete. The Recreation and Conservation Office
may approve advance payments in limited circumstances, pursuant to Washington
Administrative Code 420-12-060 and the policy outlined in Manual 8, Reimbursements.
6. We acknowledge that any property restored be maintained for a period of 10 years
after the project is complete unless otherwise provided and agreed to by our
organization and the Salmon Recovery Funding Board.
7. This application authorization becomes part of a formal application to the Salmon
Recovery Funding Board for grant assistance.
8. We provided appropriate opportunity for public comment on this application.
9. We certify that this resolution was properly and lawfully adopted following the
requirements of our organization and applicable laws and policies and that the person
signing as authorized representative is duly authorized to do so.
This resolution was adopted by our organization during the meeting held:
Location
Date
Signed and approved by the following authorized representative:
Signed
Title
Date
RESOLVED this day of August, 2016.
CITY OF EDMONDS
MAYOR, DAVE EARLING
Fa
Packet Pg. 189
8.2.a
ATTEST:
CITY CLERK, SCOTT PASSEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
m
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8.3
City Council Agenda Item
Meeting Date: 08/2/2016
Authorization for Mayor to sign revised Goods & Materials Agreement for the procurement of stone
cladding, paving and site furnishings for the Veteran's Plaza from Coldspring (5 min.)
Staff Lead: Carrie Hite
Department: Engineering
Preparer: Megan Luttrell
Background/History
On January 20, 2015, Council approved the Veteran's Plaza concept.
On July 19, 2016, Council authorized Mayor to sign the original Goods & Materials Agreement and Sole
Source Justification for procurement of stone cladding, paving and site furnishings from Coldspring.
Staff Recommendation
Authorize Mayor to sign the revised Goods & Materials Agreement.
Narrative
On July 19th Council authorized the signing of a Goods & Materials Agreement with Coldspring for the
procurement of stone cladding, paving and site furnishings for the Veteran's Plaza. Coldspring has
requested minor changes to the Agreement. These changes include predicating the material delivery
lead time upon the approval of shop drawings, modifying language in the warranty and indemnification
sections and transferring the resolution of disputes and governing law from Washington State to the
Vendor's home state of Minnesota. All changes have been reviewed and approved by the City Attorney.
Attachments:
Revised Goods & Materials Agreement
Packet Pg. 191
GOODS & MATERIALS AGREEMENT
between the City of Edmonds
and
Coldspring
THIS AGREEMENT ("Agreement") is made by and between the City of Edmonds, a
Washington municipal corporation (the "City"), and Coldspring located and doing business
at 17482 Granite West Road, MN 56320-4578, telephone number (800) 328-55040,
respectively (the "Vendor") as a sole source procurement contract for goods and materials.
AGREEMENT
I. DESCRIPTION OF WORK. The Vendor shall provide the following goods
and materials to the City:
Exterior stone paving, stone cladding and stone site furnishings as follows:
Manufacturer Name / Part Description
Coldspring
- 556 square feet of Academy Black paving, 1-15/16" thick, Thermal
finish
- 24 square feet of Academy Black steps, 6-1/8" thick, Thermal finish
- 1065 square feet of Mountain Green wall cladding, varying
thicknesses, Diamond 10, Diamond 100 finish
- 50 square feet of Mountain Green seat cubes, 1' — 3" thick, Diamond 10
finish
- 103 square feet of Mountain Green Type 2 benches, 6" thick, Diamond
100, Diamond 10 finish
- Shop Drawings
Goods and materials shall comply with Site Workshop LLC drawings T0.00,
L1.10, L2.10, L3.00, L3.01, L3.20, L3.40 and L3.50 dated May 10, 2016 and
specification Section 044256 — Exterior Stone Cladding, Section 321440 —
Stone Paving and Section 129310 — Stone Site Furnishings dated June 17,
2016.
Veteran's Plaza
PN E6MA/c480
Packet Pg. 192
Price includes freight. Unloading is not included.
Reference: Coldspring quote dated 7/6/16 (4 pages).
II. TIME OF COMPLETION. Upon the effective date of this Agreement, the
Vendor shall provide and deliver shop drawings to the City of Edmonds four to five weeks
after the Agreement is signed and start delivery of stone paving, cladding and site
furnishings eight to ten weeks after receipt of approved shop drawings. Delivery of goods
and materials shall be to the City of Edmonds Veteran's Plaza, 250 5th Avenue N, Edmonds,
WA and. Time is of the essence for this Agreement. The delivery date shall be mutually
agreed upon between 8:00 AM and 2:00 PM, Monday through Friday only.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One
Hundred Forty-four Thousand, One Hundred Twelve Dollars and Fifty Cents ($144,112.50),
including freight and Washington State Sales Tax, for the goods and materials included in
this Agreement. The City shall pay the Vendor the full amount of invoice within 30 days of
receipt of all merchandise listed above when received in good condition.
If the City objects to all or any portion of an invoice, it shall notify the Vendor and
reserves the option to only pay that portion of the invoice not in dispute. In that event, the
parties will immediately make every effort to settle the disputed portion.
Certification of Price: The Vendor hereby certifies that the City is receiving the lowest price
offered as compared to the Vendors' similarly situated clients, terms and conditions.
Defective Goods. The Vendor guarantees the City that the goods and materials shall be free
of any and all defects in the workmanship and materials. The City reserves its right to
withhold payment from the Vendor for any defective or unauthorized goods or materials.
Final Payment: Waiver of Claims. VENDOR ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL
PAYMENT IS MADE.
IV. WARRANTY. See attachment "A"
V. INDEMNIFICATION. See attachment "A"
Veteran's Plaza
C:PN E6MA/c480
Packet Pg. 193
VI. INSURANCE. The Vendor shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the provision of goods or materials to the City.
No Limitation. The Vendors' maintenance of insurance as required by the
Agreement shall not be construed to limit the liability of the Vendor to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available
at law or in equity.
Minimum Scope of Insurance. The Vendor shall obtain insurance of the types described
below:
Commercial General Liability insurance shall be written on Insurance Services Office
(ISO) occurrence form CG 00 01 and shall cover products liability. The City shall be
named as an insured under the Vendors' Commercial General Liability insurance
policy using ISO Additional Insured -Vendors Endorsement CG 20 15 or a substitute
endorsement providing equivalent coverage.
Minimum Amounts of Insurance. Vendor shall maintain the following insurance limits:
Commercial General Liability insurance shall be written with limits no Iess than
$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000
product liability aggregate limit.
Other Insurance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions for Commercial General Liability insurance:
1. The Vendors' insurance coverage shall be primary insurance as respect
the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Vendors' insurance and shall
not contribute with it.
2. The Vendors' insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A:VII.
Verification of Coverage. The Vendor shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the insurance
requirements of the Vendor before goods or materials will be accepted by the City.
Veteran's Plaza
CPN E6MA/c480
Packet Pg. 194
8.3.a
VII. MISCELLANEOUS PROVISIONS.
A. Non -Waiver of Breach. The failure of the City to insist upon strict
performance of any of the covenants and agreements contained in this Agreement,
or to exercise any option conferred by this Agreement in one or more instances shall
not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
B. Resolution of Disputes and Governing Law. This agreement shall be
governed by the laws of the State of Minnesota. Both parties agree to bring suit only
in the Minnesota state court located in the Count of Stearns, State of Minnesota.
BOTH PARTIES CONSENT TO THE JURISDICTION OF THE MINNESOTA STATE
DISTRICT COURT, STEARNS COUNTY, FOR ADJUDICATION OF DISPUTES ARISING
OUT OF THIS AGREEMENT. Violation of this covenant will bar recovery by BUYER in
any other court.
C. Written Notice. All communications regarding this Agreement shall
be sent to the parties at the addresses listed on the signature page of the Agreement,
unless notified to the contrary. Any written notice hereunder shall become effective
three (3) business days after the date of mailing by registered or certified mail, and
shall be deemed sufficiently given if sent to the addressee at the address stated in
this Agreement or such other address as may be hereafter specified in writing.
D. Assignment. Any assignment of this Agreement by either party
without the written consent of the non -assigning party shall be void. If the non -
assigning party gives its consent to any assignment, the terms of this Agreement
shall continue in full force and effect and no further assignment shall be made
without additional written consent.
E. Modification. No waiver, alteration, or modification of any of the
provisions of this Agreement shall be binding unless in writing and signed by a duly
authorized representative of the City and Vendor.
F. Entire Agreement. The written provisions and terms of this
Agreement, together with any Exhibits attached hereto, shall supersede all prior
verbal statements of any officer or other representative of the City, and such
statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby
made a part of this Agreement. However, should any language in any of the Exhibits
to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
G. Compliance with Laws. The Vendor agrees to comply with all federal,
state, and municipal laws, rules, and regulations that are now effective or in the
future become applicable to Vendors' business, equipment, and personnel engaged
Veteran's Plaza
CPN E6MA f c48O
4
Packet Pg. 195
in the provision of goods or materials as set forth in this Agreement or accruing out
of the provision of those goods or materials.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
VENDOR:
CITY OF EDMONDS:
-
- By:
Print Name, fz �tn rY1�
Its W uj- a-e l
Print Name: David 0. Earling
Its Mayor
DATE:
DATE:
NOTICES TO BE SENT TO:
NOTICES TO BE SENT TO:
VENDOR:
CITY OF EDMONDS:
Coldspring
City Clerk, City of Edmonds
17482 Granite West Road
121 5th Avenue North
MN 56320-4578
Edmonds, WA 98020
ATTEST/AUTHENTICATE:
Scott Passe , City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
Vt'.1:(:il arms Plaza
C:PN E()MA/c480
Packet Pg. 196
8.3.a
ATTACHMENT G0A"
WARRANTY. Subject to natural differences in color and other characteristics common in stone,
Vendor promises to City the material sold follows the description of material in the Agreement, is
free of defects, and meets the version of the National Building Granite Quarries Association, Inc.
specification in place as of the date of the contract.
WARRANTY REMEDY AND LIMITATION OF WARRANTY REMEDY. The only
remedy for breach of these promises shall be, at the Vendor's discretion, correction of the materials,
replacement of the materials, refund of the amount by which the value of the materials is reduced by
defect, or any combination of these alternatives. The remedies stated in this paragraph are sole and
exclusive remedies.
DISCLAIMER OF IMPLIED WARRANTIES. THERE IS NO IMPLIED WARRANTY
OF MERCHANTABILITY AND THERE IS NO IMPLIED WARRANTY OF FITNESS
FOR CITY'S PARTICULAR PURPOSE; THE IMPLIED WARRANTY OF
MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR CITY'S
PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.
City shall NOT in any event be entitled to recover consequential damages.
TIME LIMITATION. To make a warranty claim, City must give Vendor written notice of the
breach within 30 days of discovering the breach. No warranty claim can be made more than 1 year
after Vendor delivers goods to City.
CITY'S OBLIGATION TO INDEMNIFY VENDOR: In claims by any third party in any
action or proceeding wherein it is determined that Vendor is at fault, this paragraph does not require
indemnity by the City. However, in any other action or proceeding by a third party in which a third
party makes a claim against Vendor and it is determined that Vendor is not at fault, then and in that
event, City shall indemnify the Vendor and hold the Vendor harmless from any and all such claims.
In any action by a third party wherein fault is apportioned between City and Vendor, each party shall
be responsible only for the portion of the fault attributed to it. This agreement is not for the benefit
of any third party.
Packet Pg. 197
COLDS PR I NGr`
DATE: 06 Jul 2016
ATTN: Henry Schroder, P.E.
COMPANY: City of Edmonds - City Clerk
121 5th Avenue North
Edmonds, WA 98020
PROPOSAL & AGREEMENT (Material Supply Only)
Proposed By: Lisa Hennen
PROJECT: Veterans Plaza
LOCATION: Edmonds, WA
JOB NUMBER:
PHONE: 425-771-0220
FAX: 425-672-5750
Unless revoked earlier in accordance with the attached Terms & Conditions, this quote expires after 30 days.
COLD SPRING GRANITE COMPANY d.b,a Coldspring (Hereinafter "Seller") of Cold Spring, MN, proposes to furnish materials as
described below.
The following bid documents, drawings & specifications will be referred to as Agreement Documents and shall apply insofar as
these documents do not conflict with the terms and conditions of this agreement.
REFERENCE:
Reference the attached bid documents:
1. Exhibit A — Bid Clarifications dated 6 July, 2016
2. Exhibit B —Quantities dated 6 July, 2016
3. Terms & Conditions
Please review, sign and return — this will authorize Coldspring to proceed with this as an order
MATERIAL / FINISH: Academy Black®, Mountain Green@ / Thermal, Diamond(D10, Diamond® 100
The Agreement Documents, so for as they relate to material listed herein, are made a part of this Agreement.
Seller's Standard Anchors are Included: ❑ NO ® YES Seller's Shop Drawings are Included: ❑ NO Z YES
Contract Price: $131,250.00 U5D*
*Contract Price DOES NOT include any applicable taxes. CURRENT TAXES WILL BE ADDED AT THE TIME OF THE
INVOICING UNLESS AN APPROVED EXEMPT TAX CERTIFICATE HAS BEEN RECEIVED PRIOR TO INVOICING.
Materials to be delivered F.O.B. Edmonds, WA
City, State, ZIP Code NOTE: Change of delivery address may affect applicable tax rate.
PAYMENT TERMS: Paid as shipped, net 30 days, no retainer. In the event purchaser delays shipment of
scheduled fabricated material, terms will be paid as fabricated, net 30 days, no retainer.
(Subject to Credit Approval. Payment can be made by business check or wire transfer. Payment with order can eliminate the need for this agreement.)
SHOP DRAWINGS: 44-5 weeks SHOP TICKETS: weeks O Initial O Partial 0 Complete submission
DELIVERY: Start delivery 8-10 weeks after receipt of approved shop drawings or cutting lists with all necessary cutting information &
returned signed Agreement. Balance of delivery per mutually agreed upon schedules for shop drawing submissions, approvals, and
fabrication time. A 107. minimum upcharge of the total contract amount applies for expedited delivery.
THIS PROPOSAL & AGREEMENT FOR MATERIAL INCORPORATES ALL OF THE TERMS & CONDITIONS PRINTED ON THE
FRONT OF THIS DOCUMENT AND/OR INCLUDING ANY ATTACHMENTS.
Buyer hereby accepts Seller's offer to sell and agrees to perform In accordance with all terms and conditions. The document is not a binding
agreement until accepted and signed by Coldspring Authorized Signer; however, Buyer, by acceptance of the first delivery of material will be
deemed to have accepted all terms and conditions contained herein regardless of whether this document has been executed by Buyer. The
recipient agrees and acknowledges that this bid proposal is proprietary and confidential and shall not be disseminated or disclosed to any
third -parties without the express written consent of the Seller, This provision is binding upon receipt of this document and regardless as to whether It is
signed by either party or whatever materials are delivered.
ACCEPTED BY BUYER: City of Edmonds - City Clerk COLD SPRING GRANITE COMPANY
SIGNATURE: (Officer or Authorized Rep)
17482 Granite West Road, Cold Spring, MN 56320-4578
T: 800-551-7502 F: 320-685-8490
DATE
ACCEPTED BY: Coldspring Authorized Signer DATE
CS-031 -1 (APR2014)
Packet Pg. 198
8.3.a
0 COLDS PR ING""
Exhibit A - Bid Clarification
Project: Veterans Plaza
Location: Edmonds, WA
06 July 2016
1 This proposal is based on Site Workshop LLC drawings T0.00, 1-1.10, L2.10, L3.00, L3.01, L3.20,
L3.40 and L3.50 dated May 10, 2016, and specifications 'Section 044256 - Exterior Stone
Cladding' and 'Section 321440 - Stone Paving' dated June 17, 2016.
2 Physical property testing, anchor testing, and samples for testing are not included in this
proposal. Gratis historical test data is available on request.
3 Standard Coldspring anchors and anchor provisions are a part of this proposal. Backup
framing materials, miscellaneous support metals, and fasteners that tie the granite anchors
back to the structure are not included.
4 Design and engineering of the granite and anchorage systems are the responsibility of
others.
5 Pavers are priced 1-15/16" + 1 /8" - 1 /16" thick.
6 Stair treads are priced 6 1 /8" +/- 1 /8" thick. Exposed edges will be gauged to a uniform
thickness.
7 Paver engraving is not included in this proposal.
8 (5) Veterans Wall medallions are included and priced as sandblast incised with standar
accenting.
9 All paving is priced 'flat'. Warped tops and/or feathered edges (to accommodate grade
changes) are not included.
10 Shop drawings are included.
11 Price includes freight to Edmonds, WA. Unloading will be the responsibility and expense of
others.
Rev: Apr13
17482 Granite West Road, Cold Spring, MN 56320 T 800.328.5040 W www.coldspringusa.com Page 1 of 1
Packet Pg. 199
�ErsnCOLDSPRING-
Project:
Veterans Plaza
Location:
Edmonds, WA
Item
Description
1
Paving
2
Steps
3
Veterans Wall
4
Seat cubes
5
Type 2 benches
Exhibit B - Quantities
Granite
Academy Black
Academy Black
Mountain Green
Mountain Green
Mountain Green
Finish
Thermal
Thermal
Diamond 10, Diamond 100
Diamond 10
Diamond 100, Diamond 10
The piece counts and square foot values noted are for reference only. They are based on Coldspring's
internal estimate surveys which include calculated rough stock overages utilized
in the fabrication processes and will not reflect finished, in place coverages.
'Contract Price DOES NOT include any applicable taxes. CURRENTTAXES WILL BE ADDED AT THE TIME OF INVOICING
UNLESS AN APPROVED EXEMPT TAX CERT€FICATE HAS BEEN RECEIVED PRIOR TO INVOICING.
17482 Granite West Road, Cold Spring, MN 56320 T800.328.5040 W www.coldspringuso.com
Thickness Sq Ft
1-15/16'
556
6-1 /8"
24
various
1,065
1'-3"
50
6"
103
1,799
06 July 2016
Amount
$
19,760.00
$
2,020.00
$
67,680.00
$
25,260.00
$
16,530.00
$
131,250.00
TAXES **
Rev: Apr13
Page 1 of 1
Attachment: Revised Goods & Materials Agreement (1420 : Veteran's Plaza - Goods & Materials Agreement with Coldspring)
8.3.a
CSGC, d.b.a. Coidspring
- TERMS AND CONDITIONS
1. WARRANTY. Subject to natural differences in color and other
13. FIELD MEASUREMENTS: Seller is NOT responsible for making, verifying, or
characteristics common in stone, Seiler promises to Buyer that the
ensuring the accuracy of field measurements for the materials sold
material sold follows the description of material in the Agreement, Is
hereunder nor for any loss or damage arising as a result of Inaccurate
free of defects, and meets the version of the National Building
field measurements or discrepancies between information supplied by
Granite Quarries Association, Inc. specification in place as of the
Buyer and actual field dimensions. ...
date of the contract.
14. ENGINEERING & DESIGN: Engineer's calculations (sealed or unsealed) or
2. WARRANTY REMEDY AND LIMITATION OF WARRANTY REMEDY. The
engineer's seal on shop drawings are specifically excluded. Seller is NOT -L
only remedy for breach of these promises shall be, at the Seller's
responsible for any engineering or design with regard to the work on this N
discretion, correction of the materials, replacement of the
project. Shop drawings, if provided by Seller, will show stone anchoring
materials, refund of the amount by which the value of the
methods and/or design concepts which must be approved by Buyer's o
materials is reduced by defect, or any combination of these
engineer within the context of the Buyer's overall engineering and design
alternatives. The remedies stated in this paragraph are sole and
requirements of the project. r
.3
exclusive remedies.
15. PAYMENT, PERFORMANCE, OR SUPPLY BONDS: No bonds are Included Ir
3. DISCLAIMER OF IMPLIED WARRANTIES. THERE IS NO IMPLIED
Agreement Price. +r
WARRANTY OF MERCHANTABILITY AND THERE IS NO IMPLIED
16. PUBLIC PROJECTS: Upon request, Buyer will supply Seller with a copy of d
WARRANTY OF FITNESS FOR BUYER'S PARTICULAR PURPOSE; THE
Buyer's Labor and Material Payment Bond prior to initial shipment of d
IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED
material on public projects. y
WARRANTY OF FITNESS FOR BUYER'S PARTICULAR PURPOSE ARE
17. SUPERSEDING CLAUSE: This document contains the terms and condition; 0)
HEREBY DISCLAIMED.
upon which Seller offers this quotation for materials and/or services on the Q
4. Buyer shall NOT in any event be entitled to recover consequential
project referred to herein. Buyer hereby acknowledges that the term! N
damages.
and conditions contained in this document supersede all conflicting o .
5. TiME LIMITATION. To make a warranty claim, Buyer must give Seller
otherwise inconsistent terms and conditions contained elsewhere.
written notice of the breach within 30 days of discovering the
18, CHANGE ORDERS/REPLACEMENT PIECES: Change orders anc o
breach, No warranty claim can be made more than 1 year after
replacement pieces shall be priced separately from this Agreement anc 2
Seller delivers goods to Buyer.
Seiler will NOT begin work on any change orders or replacement piece; ad
6. CONDITIONS BEYOND CONTROL OF SELLER. Seller will not be liable
without the order and price being put in writing and the Buyer's writter �
for any delay or failure to make delivery occasioned in whole or
acknowledgement of the change order. G
part by the owner, architect, general contractor, Buyer or any of
19. INVOICES & PAYMENT: Invoices for materials sold hereunder will be C
Buyer is fabricated. Payment is due 3( 0
Buyer's subcontractors or materialmen or by any cause beyond
provided to monthly as material
Seller's control, including, without limitation, failure of Buyer to return
days from date of invoice unless other terms are specifically agreed to it �
approved shop drawings to Seller on schedule, strikes, lockouts, fire,
writing. Payments are due within thirty (30) days of invoice. date whethe NM
embargoes, war, terrorists attacks or other outbreaks or hostilities,
or NOT delivery of material has been made and whether or NOT Buye a
inability of Seller to obtain shipping space, governmental acts and
has been paid by the owner or other Contractor. Failure of Buyer to pal w
regulations, accidents, acts of God, influenza or other sickness
Seller in accordance with the payment terms of this Agreement is c
outbreaks, or other conditions beyond Seller's control. In the event
breach and relieves Seller of the obligation to ship material to Buyer; afte Lm
of any delay not excused as provided herein, Seller's liability shall
such breach by Buyer, Seller may require full payment in advance fo
be limited as provided for in paragraphs 2 and 4,
future delivery of materials to Buyer. It is agreed the buyer will pay Seller'
7. BUYER'S OBLIGATION TO INSPECT UPON DELIVERY. Buyer will
reasonable attorney's fees in any action for the collection of amount
inspect material before material is unloaded from the freight
due. e
hauler, and will note in writing all visible damage on the freight
20. CANCELLATION OR RESTOCKING CHARGE: Orders cancelled by Buyer wl
receipt before the material is removed from freight hauler. Except
be subject to a cancellation or restocking charge. Charges will includ( v
as to damage which is concealed at the time of inspection,
fabrication and/or administrative expense.
material unloaded without such written record of damage shall be
21. ASSIGNMENT: This agreement may NOT be assigned by Buyer without thf
deemed delivered in good condition. Concealed damage must
written consent of Seller. E
be noted by Buyer in writing, with proper documentation, and must
22. SEVERABILITY: If any provision of this agreement is determined to bf d
be reported by Buyer to Seiler within ten days of delivery.
unenforceable or invalid, the unenforceable or invalid part shall bE
8. FREIGHT: Freight rates have been established based upon current
deemed severed from this agreement, and the remaining portions of thi Q
fuel prices/surcharges. Seiler reserves the right to review fuel
agreement shall be carried out with the same force as if the severe( w
prices/surcharges in the event the project is delayed through no
portions had NOT been part of this agreement. is
fault of Seller. Changes will be communicated via Change
23. APPLICABLE LAW: This agreement shall be governed by the laws of th(
Authorization and fully executed prior to shipment.
State of Minnesota.
9. BUYER'S OBLIGATION TO INDEMNIFY SELLER: In claims by any third
24. FORUM SELECTION: Both parties agree to bring suit only in the Minnesotc g
party in any action or proceeding wherein it Is determined that
state court located in the County of Stearns, State of Minnesota. BOTI oa
Seller is at fault, this paragraph does not require indemnity by the
PARTIES CONSENT TO THE JURISDICTION OF THE MINNESOTA STATE DISTRIC
Buyer. However, in any other action or proceeding by a third party
COURT, STEARNS COUNTY, FOR ADJUDICATION OF DISPUTES ARISING OU
in which a third party makes a claim against Seller and it is
OF THIS AGREEMENT. Violation of this covenant will bar recovery b o
determined that Seller is not at fault, then and in that event, Buyer
BUYER In any other court. 0
shall indemnify the Seller and hold the Seller harmless from any and
25, CREDIT AVAILABILITY: Should credit availability be granted by Seller, a m
all such claims. In any action by a third party wherein fault is
decisions with respect to the extension or continuation of credit shall b, ,n
apportioned between Buyer and Seller, each party shall be
the sole discretion of Seller. Seller may terminate any credit availabilit 5
responsible only for the portion of the fault attributed to it. This
within its sole discretion.
agreement is not for the benefit of any third party.
26. EO Clause: When applicable, the contractor and subcontractor sha
10. BACK CHARGES: Buyer agrees that Buyer will NOT have the right
abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a), 60-741.5(c c
of offset against the Agreement price or the right to back charge
and Appendix A of Subpart A of 29 CPR 471. These regulations prohib
the Agreement unless an officer of the Seller has agreed to such
discrimination against qualified individuals based on their status e
charges in writing.
protected veterans or individuals with disabilities, and prohib
11. LIEN WAIVERS: Seller will furnish interim partial lien waivers for
discrimination against all individuals based on their race, color, rellgior
payments received. Seller agrees to furnish a final release of lien
sex, or national origin. Moreover, these regulations require that covere Q
upon receipt of final payment. Buyer acknowledges that Seller is
prime contractors and subcontractors take affirmative action to emplo
required by law to file pre -lien notices in certain states.
and advance in employment individuals without regard to race, colo
12. MATERIAL ONLY: Notwithstanding anything to the contrary in the
religion, sex, national origin, protected veteran status or disability.
Agreement Documents, Seller will provide only materials ready to
set and will not provide shelf angles, caulking, testing,
Form CS-031-01 (07Aug14,
engineering, support steel, mockups or setting.
Packet Pg. 201
9.1
City Council Agenda Item
Meeting Date: 08/2/2016
Shoreline Master Program Update (45 min.)
Staff Lead: Kernen Lien
Department: Planning Division
Preparer: Kernen Lien
Background/History
The City of Edmonds spent several years (2006 - 2014) updating 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 (Exhibit 2).
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 (Exhibit 1).
The City Council has discussed Ecology's conditional approval and required changes at the July 12, 2016
and July 19, 2016 council meetings.
Staff Recommendation
Review each of the Department of Ecology's required changes and one recommended change to decide
whether to accept them or provide an alternative for Ecology's consideration. (Note: once the Council
has worked through each of the proposed changes, staff will prepare a draft response to Ecology for
Council's review and approval before it is submitted to Ecology.)
NARRATIVE
The Department of Ecology has granted Conditional Approval of the City's Shoreline Master Program.
Ecology's June 27, 2016 conditional approval letter is provided as Exhibit 1 along with 6 attachments: A)
Ecology's Findings and Conclusions regarding Edmonds' SMP, B) Required Changes, C) Recommended
Changes, D) A comment summary and responses, E) Water Quality Financial Assistance Guidance
Document Appendix L, and F) Department of Ecology Water Quality Program August 19, 2015 letter.
The Conditional Approval includes 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 City of Edmonds sent an initial response to the Department of Ecology acknowledging receipt of the
Packet Pg. 202
9.1
conditional approval and requesting additional time to provide a more complete response to the
required and recommended changes. Pursuant to RCW 90.58.090(2)(e), the City of Edmonds has two
options for responding to Ecology's conditional approval:
1. Agree to the proposed changes, or
2. Submit an alternative proposal. Ecology will then review the alternative(s) submitted for
consistency with the purpose and intent of the changes originally submitted by Ecology and with the
Shoreline Management Act.
Staff is proposing that the Council discuss and vote on each of the required and recommended
amendments as a way of working through the issues and preparing a response to Ecology. Below is a
summary and dissection of Ecology's required and recommended changes.
Department of Ecology Conditional Approval
For purposes Council consideration, Ecology's conditional approval is split into three categories:
A. Critical Area Required Changes
B. Urban Mixed Use IV Required Changes
C. Urban Mixed Use IV Recommended Change
Each of the general categories are summarized briefly below and followed by more specific items.
A. CRITICAL AREA REQUIRED CHANGES
The shoreline regulatory jurisdiction can be complicated, particularly with the overlap of the SMP
regulations and the City's critical area regulations. Generally speaking with regard to critical areas:
within shoreline jurisdiction the SMP rules; outside of shoreline jurisdiction, the critical area regulations
apply.
Local jurisdictions can integrate CAO standards into the SMP if the CAO meets the requirements of the
SMP Guidelines and Shoreline Management Act procedural rules. If proposed SMP provisions are
designed to rely on other local ordinances such as the CAO to meet shoreline management
requirements, those local ordinances must be a part of the SMP that is ultimately approved by Ecology.
There are several options to integrate CAO provisions into an SMP:
1. Copy specific sections from the CAO and embed them into the body of the SMP.
2. Reference a "specific, dated edition" of the CAO in the SMP, noting in detail either the CAO
provisions that will not apply to the SMP, or the CAO provisions that will apply.
3. Include the relevant portions of the CAO as an appendix and explain in the SMP that the
appendix is specifically approved as a part of the SMP.
Incorporation by reference (the last two bullets, above) makes the referenced provisions part of the
approved SMP. Incorporating by reference was the option chosen for Edmonds' updated SMP. Since
the City sent the SMP to Ecology for review, Edmonds has adopted updated critical area regulations.
Five of the required changes from Ecology's conditional approval involve incorporating the updated
Packet Pg. 203
9.1
critical area regulations into the SMP. Each of these five required critical area changes are summarized
below, and then followed by an explanation of the differences between the Council -approved SMP and
Ecology's changes and a brief discussion.
1. Update the reference to the ordinance number of the critical area regulations being
incorporated into the SMP to reflect the recently adopted critical area regulations.
Language in Council Approved SMP:
SMP 24.40.020.B (SMP pg. 35) adopted the old version of the City's critical area regulations in
Chapters 23.40 through 23.90 ECDC, specifically that version in Ord. 3527 dated November 23,
2004.
Ecology Required Change:
Ecology's required change is to change the reference in SMP 24.40.020.13 regarding the critical
area regulations that are being adopted by reference to Ord. 4026 dated May 3, 2016.
Disawssinn-
This change will update the SMP to incorporate the recently adopted critical area regulations.
Without this change, there would be one version of the critical area regulations that apply in
shoreline jurisdiction and another version that applies outside shoreline jurisdiction.
Replace Appendix B (SMP version of the critical area regulations) with the updated critical area
regulations.
Language in Council Approved SMP:
The specific version of the critical area regulations (minus exceptions) is included as Appendix B
to the SMP. Appendix B is referenced in SMP 24.40.020.13 (SMP pg. 35) and SMP 24.100.010
(SMP pg. 160). Appendix B in the Council approved SMP is the old version of the critical area
regulations adopted in 2004 under Ord. 3527.
Ecology Required Change:
Ecology's required change is to replace Appendix B with the critical area regulations adopted
under Ord. 4026 (minus exceptions discussed in change 4 below).
Discussion:
This is an extension of change 1. This change will update the SMP to incorporate the recently
adopted critical area regulations. Without this change, there would be one version of the
critical area regulations that apply in shoreline jurisdiction and another version that applies
outside shoreline jurisdiction.
3. Remove the section that required a shoreline variance for certain critical area provisions.
Packet Pg. 204
9.1
Language in Council Approved SMP:
SMP 24.40.020.0 (SMP pg. 35) lists specific provisions within the critical area regulations (Ord.
3527 version) which may only be implemented in shoreline jurisdiction through the shoreline
variance process.
Ecology Required Change:
Ecology's required change would eliminate SMP 24.40.020.C.
DitruSSinn-
With the critical area regulations update, the previous critical area regulations listed in SMP
24.40.020.0 were modified to an extent that they would not require a shoreline variance in
order to be implemented. Most of these provisions pertained to buffer width reductions.
Under the old critical area regulations buffers could be reduced to 50% of the standard buffer.
With the updated critical area regulations, buffers may only be reduced a maximum of 25%.
One of the provisions listed in SMP 24.40.020.0 (allowed activities in geologically hazardous
areas) is being moved from SMP 24.40.020.0 to SMP 24.40.020.D (exceptions) which is
discussed in change 4 below.
4. Revise the exceptions section. This section includes provisions of the City's critical area
regulations that do not apply in shoreline jurisdiction.
Language in Council Approved SMP:
SMP 24.40.020.D (SMP pg. 36) lists specific provisions within the critical area regulations (Ord.
3527 version) which do not apply in shoreline jurisdiction. The primary exception includes large
portions of the wetland regulations (particularly buffer widths). Within the Council approved
SMP, the critical area wetland sections were replaced in the SMP with Ecology's Wetland
Guidance for Small Cities.
Ecology Required Change:
Ecology's required change would eliminate most of the exceptions detailed in SMP 24.40.020.D.
Critical area variance (ECDC 23.40.210) would still be excepted as shorelines have their own
variance process and allowed activities in geologically hazardous areas (ECDC 23.80.040.13) have
been moved from SMP 24.40.020.0 (provisions requiring a variance) to this exception section.
Discussion:
With the critical area regulations update, the City has incorporated Ecology's guidance for Small
Cities into the CAO so it is no long necessary to have two wetland provisions (one that applies in
shoreline jurisdiction and one that applies outside of shoreline jurisdiction). The geologically
hazardous allowed activities was moved to the exceptions rather than remaining in the
provisions requiring a shoreline variance because those allowed activities may be allowed under
the SMA without requiring a variance.
Packet Pg. 205
9.1
5. Remove the wetland section from the SMP.
Language in Council Approved SMP:
The SMP wetland provisions are contained in SMP 24.40.020.F (SMP pgs. 37 - 42). The wetland
provisions in this section are from Ecology's Wetland Guidance for Small Cities. SMP
24.40.020.F.2.g also contains a version of the physically separated/functionally isolated buffer
provision.
Ecology Required Change:
Ecology's required change is to remove SMP 24.40.020.F from the SMP.
Di -rut -;inn -
The City's recently updated critical area regulations incorporated Ecology's Wetland Guidance
for Small Cities into the critical area regulations. The City also further developed the physically
separated/functionally isolated (now called "interrupted buffer") provision in the updated CAO.
As with all Ecology's required critical area changes, this change will simplify an already
complicated regulatory environment by having one set of critical area regulations apply
throughout the City.
B. URBAN MIXED USE IV CHANGES
The Urban Mixed Use IV (UMU IV) shoreline environment is a new shoreline designation that would
apply to the Harbor Square Property and the Unocal property on the south side of the marsh. The City
Council originally adopted the UMU IV environment as an "interim" designation (to be reviewed and
finalized within two years after the SMP becomes effective) and established a 100-foot setback from the
edge of the marsh with the requirement to establish a 50-foot buffer within the setback with any
development within shoreline jurisdiction. Each of the three required changes from Ecology related to
the UMU IV Environment are summarized below (following the numbers from Ecology's document).
Then each item has a comparison of Council's approved version with Ecology's proposal and a
discussion.
6. Remove the "interim" designation for the UMU IV shoreline environment.
Language in Council Approved SMP:
The UMU IV shoreline environment is described in SMP 24.30.070.B.5 (SMP pg. 31). The City
established the UMU IV shoreline environment as an "interim" designation, noting:
Establishing the Urban Mixed -Use IV designation as an interim designation will allow the
City, in cooperation with property owners, Ecology, scientists, interested
agencies/organizations, and members of the public, to carefully review effects of
establishing a new shoreline jurisdiction for the area around the marsh on existing and
planned development as well as the ecological role the Edmonds Marsh plays in the City of
Edmonds. The City intends to study the issues surrounding the Edmonds Marsh and related
Packet Pg. 206
9.1
Urban Mixed -Use IV designation for two years from the effective date of this SMP. At the
end of the study period, the City will adopt appropriate shoreline environment
designations) for the area surrounding the Edmonds Marsh including evaluating whether a
new designation is needed and whether the entire area should have the same designation.
Ecology Required Change:
Ecology's required change would delete the paragraph noted above (as well as other minor
wording changes) and thus eliminates the interim designation.
nitruSSinn-
Under the Shoreline Management Act, an interim shoreline environment may be effective for up
to six months if a detailed work plan for remedying the issues and circumstances necessitating
the interim environment is developed and made available for public review. An interim
environment may be renewed for two six-month periods as long as certain procedural
requirements, including a hearing, are satisfied before each renewal. If an interim environment
is in effect on the date a proposed master program or amendment is submitted to Ecology, the
interim environment must remain in effect until Ecology takes final action. The law is not clear
on whether an interim environment would expire if Ecology fails to take final action within six
months.
The "interim" designation that the city had approved for the UMU IV shoreline environment is
different from the interim controls contemplated by the Shoreline Management Act. There is
no expiration date in the interim designation language in SMP 24.30.070.13.5 noted above. In
order to change any provisions of the interim UMU IV shoreline environment, the City and
Ecology would have to complete an SMP amendment process using the same process that
would be needed to change any other aspect of the SMP.
The "interim" designation really just identifies legislative intent to study and update the UMU IV
environment sooner than the normal eight -year update cycle for SMPs. Nothing prevents the
City from updating the UMU IV provisions sooner than the next required update whether or not
it has an "interim" designation associated with it. As noted in the Council approved SMP, the
intent was to work with "property owners, Ecology, scientists, interested
agencies/organizations, and members of the public" in reviewing the interim environment.
Note: The current language about the rationale for interim does not clearly identify the purpose
beyond "working with" stakeholders or provide a schedule to accomplish the transition. Should
the Council wish to propose keeping the interim designation, a clearer purpose for the work and
a more specific timeline should be developed with the identified stakeholders and submitted as
an alternate proposal to Ecology.
Ecology has noted that they believe an interim designation is no longer required in part because
the Ecology proposed setback/buffer is the appropriate setback for the area.
7. Change the setback/buffer around the marsh from 100/50 to 65/50 (essentially a 50-foot
vegetated buffer with an additional 15-foot building setback from the buffer).
Language in Council Approved SMP:
Packet Pg. 207
9.1
The setback and buffers for different developments and uses throughout the City's shoreline
jurisdiction are contained in the Shoreline Bulk and Dimensional Standards table in SMP
24.40.090 (SMP pgs. 54 - 56). Most development in the UMU IV environment is subject to a
100-foot setback from the edge of the marsh with the requirement to establish a 50-foot
vegetative buffer within the setback area with redevelopment. This is depicted as 100/50 within
the Bulk and Dimensional Standards table.
Ecology Required Change:
Ecology's required change would change the 100/50 setback/buffer in SMP 24.40.090 to 65/50
resulting in a 65 foot setback from the edge of the marsh with the requirement to establish a
50-foot vegetative buffer with redevelopment. The amount of redevelopment that triggers the
requirement to establish the vegetative buffer is discussed in change 8 below.
Disawssinn-
A detailed description of the setback/buffer requirements of the SMP and the difference
between the Council adopted SMP and Ecology's required changes is included in Exhibit 3. Both
the City Council's adopted version and the Department of Ecology's version of the
setback/buffer combination for the UMU IV environment require the establishment of a 50-foot
vegetation buffer. The primary difference is what happens beyond the 50-foot vegetated
buffer. The Council's adopted total setback is 100 feet, including the 50-foot vegetated buffer,
while Ecology's proposed total setback is 65 feet, including the 50-foot vegetated buffer. That
means a net difference of 35 feet between the Council approved version and Ecology's required
change.
The Edmonds Marsh is an important feature (ecologically and socially) of the Edmonds
Waterfront area. That being said, it exists in a degraded condition. The Edmonds Marsh once
extended up to Main Street. Over the years, the marsh has been filled, bisected by State Route
104 and surrounded by development. As noted in Ecology's presentations, there is little intact
buffer left around the marsh. What the Council must grapple with is how to balance the
requirements of the Shoreline Management Act (not being able to require restoration or
mitigation without redevelopment) with the desire to protect and enhance the marsh.
While a large setback/buffer in an undeveloped area will provide enhanced protections to a
wetland, in an already developed urban environment, a large setback/buffer may perpetuate
the status quo by discouraging redevelopment that could result in some enhancements around
the marsh. On the other hand, a smaller setback/buffer could provide an incentive for
redevelopment that may result in a net ecological benefit to the marsh.
8. Change a footnote related to the setback/buffer to note that the buffer established will be
required if more than 50% of the Harbor Square property within shoreline designation is
redeveloped.
Language in Council Approved SMP:
The 100/50 setback/buffer in the Shoreline Bulk and Dimensional Standards table in SMP
Packet Pg. 208
9.1
24.40.090 references footnote 18 under the table (SMP pg. 56). Footnote 18 contains the
following language:
Setback for new development within the Urban Mixed -Use IV environment is 100 feet. New
development activities within the Urban Mixed -Use IV environment require the
establishment of a 50-foot vegetation buffer adjacent to the Edmonds Marsh where the
vegetative buffer is absent.
Ecology Required Change:
Ecology's required change to this footnote mostly relates to when the requirement to establish
the 50-foot vegetated buffer will be required. Ecology's change would require establishment of
the vegetative buffer with "Redevelopment of greater than 50% for the Harbor Square property
within shoreline jurisdiction and development of the site on the south border of the marsh..."
Disawssinn-
The Council adopted SMP did not put a threshold on when the establishment of the vegetated
buffer would be triggered. One typical threshold often used for bringing a site until full
compliance with a given regulation is when a development exceeds 75% replacement cost of the
existing development. The 75% threshold is listed in the nonconforming building section in SMP
24.70.010 and 24.70.020 (SMP pgs. 124 and 125). Ecology's required change requiring the
establishment of the buffer with 50% redevelopment would be a more stringent than the 75%
threshold in the nonconforming provisions.
C. URBAN MIXED USE IV RECOMMENDED CHANGE
The one recommended change for the UMU IV shoreline environment relates to residential uses.
Language in Council Approved SMP:
The City Council -adopted version of the UMU IV shoreline environment did not allow for residential
uses.
Ecology Recommended Change:
Ecology is recommending that the City consider allowing multi -family residential development in the
UMU IV shoreline environment.
Ditrussinn-
Ecology's reasoning behind this recommended change is that including residential development as a
permitted use in the UMU IV environment would eliminate the need for a future SMP amendment
should the City of Edmonds consider a rezone of properties that would allow residential development
subject to the UMU IV shoreline environment.
The Planning Board's SMP recommendation to City Council included allowing multi -family residential
development within the UMU IV shoreline area (UMU III at the time). Including residential development
Packet Pg. 209
9.1
within the SMP would not automatically allow residential development within the Harbor Square
property. Any development within shoreline jurisdiction must be compliant with zoning as well as the
SMP. Currently the contract rezone for Harbor Square does not allow for residential development.
However, the MP2 zone on the south side of the marsh does allow for mixed use development,
including residential uses. If the City Council wanted sometime to allow residential use at the Harbor
Square property, not prohibiting it in the SMP now would eliminate the need to conduct a long SMP
amendment process later (though it would not eliminate the Edmonds zoning requirement prohibiting
residential in this area, unless the Council were to change the zoning code).
NEXT STEPS
After the City Council directs a response to each of Ecology's proposed changes, City staff will prepare a
draft formal response for the Council's review and approval.
Attachments:
Exhibit 1- Department of Ecology Conditional Approval with Attachments
Exhibit 2 - Council SMP Approved 20141118
Exhibit 3 - Staff Memorandum UMU IV Setback/Buffer Comparison
Exhibit 4 - Staff Power Point Presentation
Packet Pg. 210
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1 59
V
STATE OF WASHINGTON a
DEPARTMENT OF ECOLOGY
PO Box 47600 • Olympia, WA 98504-7600 • 360-407-6000
711 for Washington Relay Service • Persons ivith a speech disability can call 877-833-6341
June 27, 2016
The Honorable Dave Earling
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
Re: City of Edmonds Shoreline Master Program Comprehensive Update —
Conditional Approval
Dear Mayor Earling:
Thank you for submitting to Ecology the City of Edmonds (City) Shoreline Master Program
comprehensive update. We have completed our review of the proposal for consistency with
the Shoreline Management Act and implementing guidelines.
As we have already discussed with your staff, the Washington State Department of
Ecology (Ecology) identified specific changes necessary to make the proposal approvable.
These changes are detailed in Attachment B. Recommended changes are detailed are
proposed in Attachment C. Findings and conclusions related to the City's proposed SMP
amendment are contained in Attachment A.
Pursuant to RCW 90,58.090 (2)(e), at this point, the City may:
• Agree to the proposed changes, or
* Submit an alterative proposal. Ecology will then review the alternative(s) submitted
for consistency with the purpose and intent of the changes originally submitted by
Ecology and with the Shoreline Management Act.
Final Ecology approval will occur when the City and Ecology agree on language that
meets statutory and Guidelines requirements.
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Q; The Honorable Dave Earling 6
a
June 27, 2016
Page 2
M
a
Please provide your written response within 30 days to the Director's Office at the following
address:
WA State Department of Ecology
Attention: Director's Office
PO Box 47600
Olympia, WA 98504-6700
Ecology appreciates the dedicated work that you, the City Council, City Development
Services staff (Kernen Lien, Shane Hope, and Rob Chave), the Planning Commission and
engaged interested parties have put into this SMP update.
Thank you again for your efforts. We look forward to concluding the SMP update review
process in the near future. ff you have any questions or would like to discuss the changes
identified by Ecology, please contact our Regional Planner, David Pater at
David.Pater@ecy.wa.gov/(425) 649-4253,
Sincerely,
Maia D. Bellon
Director
Enclosures
By Certified Mail [7012 1010 0003 3028 4383]
cc: Shane Hope, City of Edmonds
Kernen Lien, City of Edmonds
David Pater, Ecology
Erik Stockdale, Ecology
9.1.a
Attachment A- Findings and Conclusions
City of Edmonds SMP Update
SECTION 1: INTRODUCTION
USE OF THIS DOCUMENT
Ecology's Findings and Conclusions (Attachment A), including reference to Attachment 8 (Required
Changes), provide the factual basis for Ecology's decision on the City of Edmonds (City) updated
Shoreline Master Program (SMP). The document is divided into four sections providing introductory
information (Section 1), findings related to the City's submittal (Section 2), amendment history and
review process (Section 3), and conclusions (Section 4).
DESCRIPTION OF PROPOSED AMENDMENT
Edmonds submitted to Ecology for review a comprehensive amendment to their SMP to comply with
the Shoreline Management Act (SMA) at RCW 90.58 and the SMP Guidelines (Guidelines) at WAC 173-26
(Part Three). The updated master program provides locally tailored shoreline management policies,
environment designations, regulations, and administrative provisions, as well as local ordinances
Chapters 23.40 through 23.90 ECDC (Critical Areas Regulations) incorporated as part of the SMP.
Additional reports and supporting information and analyses noted throughout this document were
considered by Ecology during review of the City's submittal.
NEED FOR THE AMENDMENT
The proposed amendment is needed to comply with a statutory deadline requiring a comprehensive
update to local Shoreline Master Programs pursuant to RCW 90.58.080, and for compliance with
planning and procedural requirements of WAC 173-26 and 27.
This SMP update is also needed to address land use changes that have occurred along city's shorelines
since the most recent County SMP amendment in October 2000. The proposed amendment also ensures
the SMP is consistent with land use management policies and environmental protections provided by
the City's Comprehensive Plan, and the May 2016 Critical Areas Regulations (Ch. 23.40-23.90, Ordinance
4026).
SECTION 2: FINDINGS OF FACT
AMENDMENT HISTORY, LOCAL REVIEW PROCESS
The City indicates the proposed SMP amendments originated from a local planning process that began
in October 2005. The record shows that the Edmonds Planning Board held nine meetings open to the
public on June 22, July 27, August 24, October 12, November 11, and December 14, 2011, January 25,
May 9, and October 24, 2012. The Planning Board also conducted a public hearing on November 14,
2012. The Edmonds City Council held nine public meetings in December 4, 2012, February 26, March 26,
April 23 October 8 and December 17, 2013 and September 2, 2014. Affidavits of publication provided by
the City indicates notice of the hearings was published in the Everett Herald on October 31'Y 2012. The
Edmonds City Council held eight public meetings on December 4, 2012, February 26, March 26, April 23
October 8 and December 17, 2013, September 2, October 21, 2014. The City Council also conducted
two public hearings on June 4, 2014 and September 16, 2014. Affidavits of publication provided by the
City indicates notice of the hearings was published in the Everett Herald on May 19, 2013, and
September 4, 2013; all public meetings and hearings were advertised on the City of Edmonds web site.
After adoption of Resolution #1326, on November 18, 2014, Edmonds City Council authorized staff to
Packet Pg. 213
9.1.a
Attachment A— Findings and Conclusions
City of Edmonds SMP Update
forward the proposed amendments to Ecology for approval. The proposed SMP amendments were
received by Ecology for state review and verified as complete on January 21, 2015.
Finding
Ecology finds that Edmonds satisfied the SMP-Guideline standards related to the local public process,
(WAC 173-26-090, -100, and-201(3) b)J, and submittal of the SMP to the Department for review (WAC
173-26-110).
INVENTORYAND CHARACTERIZATION (WAC 173-26-201)
Documentation of current shoreline conditions is a key part of the SMP development process and
addressing the no net loss standard of the state SMP Guidelines (WAC 173-26-186). As the first step on
addressing this requirement, Edmonds developed a final Inventory and Characterization Report dated
November 2007. This report documents existing shoreline conditions and informs development of the
City's SMP (environment designations, policies and regulations) and restoration plan.
In addition to an inventory and characterization of environmental conditions, the City's Characterization
report, together with the Cumulative Impact Analysis, address Ecology's other analytical requirements
(WAC 173-26-201(3)(d)(iii) — (ix). For example, Chapter 4 of the Characterization report provide a
shoreline use analysis [WAC 173-26-201(3)(d)(ii)], as well as public access opportunities [WAC 173-26-
201(3)(d)(v)].
The City's Inventory and Characterization Report and companion map portfolio provides an ecosystem -
wide (watershed) and shoreline segment -level analysis of existing shoreline environmental and land use
conditions. Ecosystem -wide processes are presented in addition to near shore physical and biological
characteristics. Nine shoreline segments are further analyzed based in part on previous habitat
assessments of biological, geomorphologic, hydrological and landscape characteristics. The map
portfolio encompasses land use, biological and geologic elements of the city's shoreline.
Descriptions of current shoreline conditions below are categorized into three geographic marine
shoreline planning reaches and Lake Ballinger. Edmonds has no rivers or streams that meet minimum
state shoreline jurisdiction. Edmonds has five miles of Puget Sound shoreline and 3947 feet of Lake
Ballinger shoreline.
Edmonds Marsh: additional analysis was required for the Edmonds Marsh due in part to new
information which became available later in the SMP process. This additional information which is
discussed in section three, led to a tidal classification of the marsh as a Shoreline of the State due to
saltwater tidal influence.
Finding
Ecology finds that the City's 2007 Inventory and Characterization report provides a sufficient assessment
of existing shoreline environmental and land uses conditions consistent with State Guideline
requirements of (WAC)173-26-201 (3) (c) and (d). The analysis provides the SMP update process an
adequate basis for developing shoreline environment designations, policies and regulations, and future
protection and restoration opportunities in city shoreline jurisdiction.
SHORELINE ENVIRONMENT DESIGNATIONS (WAC 173-26-211)
Ecology guidelines at WAC 173-26-211 require local governments to classify shoreline areas into
environment designations based on the existing use pattern, biological and physical character of the
shoreline, and the goals and aspirations of the community as expressed in the comprehensive plan. The
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9.1.a
Attachment A— Findings and Conclusions
City of Edmonds SMP Update
Inventory and Characterization Report is used to determine the relative degree of impairment and
biophysical capabilities and limitations for individual shoreline reaches.
Based on this assessment, along with consideration of anticipated future development, zoning and other
regulatory overlays, jurisdictions may apply the designation criteria provided in WAC 173-26-211 to
determine which shoreline environment designation should be assigned, or develop their own tailored
designation criteria.
Edmonds current 2000 SMP has six designations (natural, urban mixed use, conservancy saltwater and
freshwater, urban railroad and suburban residential shoreline residential environment). The city's
updated SMP used Ecology's recommended designations with sub -designations under Shoreline
Residential for unique communities, as follows:
Proposed Designation
% of total'
Natural (Edmonds Marsh /Shell Creek) 3
n/a
Conservancy
1%
Shoreline Residential 1 2
32%
Shoreline Residential 11 2
3%
Shoreline Residential 1112 (Lake Ballinger)
13%
Urban Railroad
37%
Urban Mixed Use
15%
Aquatic I & II
n/a
s Percentage estimate of total linear shore land area
z The SMP includes three residential and three urban
mixed use sub -designations
3Natural designation includes only wetlands
Consistent with Ecology's guidelines, each designation includes a purpose statement, designation
criteria, management policies and regulations.
Edmonds did an excellent job incorporating shoreline inventory and characterization information for
delineating shoreline environments. The parallel designations of Urban Railroad and Shoreline
Residential encompasses nearly 70% of the City shoreline. The presence of the Burlington Northern
railroad dominates the City's Puget Sound shoreline. The 100 feet of shoreline jurisdiction bordering
Puget Sound is the railroad right of way, while the upland 100 feet is shoreline residential I and 11.
Residential sub -designations are divided based on lot zoning for marine shoreline and Lake Ballinger
(Residential III).
The Urban Mixed Use Environment is divided into four sub -designations based in part on city zoning and
predominant land uses. The urban center shorelines west of the railroad tracks are predominantly
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9.1.a
Attachment A— Findings and Conclusions
City of Edmonds SMP Update
water oriented uses (marina), while the urban mixed shorelines east of the railroad are more mixed use
commercial and residential development. Ecology has included one recommended change to the use
table that would provide more flexibility within the mixed use environment. Adopting this change would
preclude the need for future SMP amendments should the city modify zoning for that area.
The Aquatic Environment is divided into Aquatic I (low intensity) and Aquatic II (high intensity), with
Aquatic 11 covering the marine waters adjacent to water dependent uses (marina and ferry terminal).
Aquatic I borders the marine shoreline south of the marina and the railroad/residential shoreline and
Lake Ballinger.
As described in the SMP Shoreline development table (24.40.080) permitted, conditional, and prohibited
uses are established for each shoreline environment designation in a manner that limits impacts to
ecological functions while allowing for appropriate development. Several land uses are prohibited in
certain shoreline designations due to their potential to have substantial impacts to shoreline ecological
functions or public health and safety. For example commercial uses and parking are prohibited in the
residential environment. Conditional uses are activities that may be allowed in specific instances as long
as the impacts of the use do not result in an overall degradation of the shoreline environment. Some of
the shoreline designations outline a variety of conditional uses including but not limited to aquaculture,
dredging, groins and jetties. These uses warrant a higher level of scrutiny due to variations in project
proposals, location, and their potential for impacts to shoreline ecological functions, public health, and
safety.
In comparison the current Edmonds SMP shoreline development table outlines more general use and
modification categories for all shoreline environments. The table structure is similar to the SMP update.
The new SMP update outlines more distinct use and modification categories. For example, boating and
moorage facilities have five subcategories under the new SMP while the current SMP only defines
moorage structures and facilities singularly. Aquaculture is not included in the current SMP use table,
and new SMP requires a Conditional Use Permit.
Finding
Ecology finds the City conducted a comprehensive process for developing Shoreline Environment
Designations, using relevant information from the Inventory and Characterization Report. Ecology finds
that with the exception of required change identified in Attachment e, the city's proposed designations
and use and modifications classification table (24.40.080) are consistent with WAC 173-26-211.
GENERAL MASTER PROGRAM PROVISIONS (WAC 173-26-221)
The SMP Guidelines in WAC 173-26-221 list general use provisions that are intended to apply broadly to
all of types of shoreline development regulated by master programs. Edmond's general provisions are
located primarily under General Policies and Regulations (Section 24.40).
Critical area regulations are adopted by reference in Section 24.40.020. These include regulations for
wetlands, geologically hazardous areas, and fish and wildlife habitat conservation areas. Frequently
flooded areas are addressed under 24.40.030.
The Shoreline Use and Development Regulations (Section 24.40) also address Ecology's general
requirements for archaeological sites and public access.
These provisions must be met by any use, development, or activity regardless if a shoreline permit is
required or not. For example: If vegetation removal is necessary, the regulations require minimization
and compensatory mitigation.
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9.1.a
Attachment A— Findings and Conclusions
City of Edmonds SMP Update
The City's Cumulative Impact Analysis analyzes the adequacy of SMP policies and regulations to address
future development. It includes a table of potential shoreline alterations, associated ecological impacts
and outlines specific SMP policies and regulations that addresses impacts. It also explains how the
regulations address mitigation sequencing to avoid, minimize and compensate for impacts.
SMP Sec. 24.40.090 (Shoreline Bulk and Dimensional Standards) outlines setbacks by shoreline
environment and use, maximum impervious surface limits and height limitations are also key
standards. Edmonds shoreline is mainly built out with minimal existing vegetative buffers. Bulk and
dimensional standards overlaid with the vegetation conservation regulations (24.40.50) are key
measures to ensure no net loss of ecological functions in the city's suburban and commercial
shorelines.
Finding
Ecology finds that with the exception of required changes identified in Attachment B, the general policies
and regulations are consistent with WAC 173-26-221.
SHORELINE USE PROVISIONS (WAC 173-26-241)
The SMP Guidelines in WAC 173-26-241 are intended to both recognize existing uses and ensure that
future development will be appropriately managed consistent with the underlying policies of the SMA.
Avoidance of use conflicts through coordinated planning and prioritization of "preferred" shoreline uses
is a primary tenant of the SMA (RCW 90.58.020). Updates to local SMPs are intended to support these
goals through development of appropriate master program provisions, based on the type and scale of
future shoreline development anticipated within a particular jurisdiction.
Edmond's SMP update regulates shoreline uses under Section 24.60. Consistent with WAC 173-26-
186(5), the City master program reflects the principle that the regulation of private property needs to be
consistent with all relevant constitutional and other legal limitations. As described under "Environment
Designations" above, the updated SMP includes varying degree of flexibility within each shoreline
environment especially with the use of sub -designations for residential and mixed use commercial
shorelines. The natural and conservancy environments though small in size tend to have the most
restrictions when it comes to allowed uses with many uses simply either not allowed or not applicable
to these shoreline environments. The SMP Use matrix addresses applicable uses required by Ecology
guidelines, and also includes subsets of the more prevalent uses such as boating facilities (marinas,
ramps) and water dependent and non -water dependent commercial uses.
Finding
Ecology finds that with the exception of required changes identified in Attachment B, including
modifications to aquaculture use provisions, the City has established a system of use regulations
consistent with WAC 173-26-241 and related environment designation provisions that accommodate
preferred and priority uses, protect property rights while implementing the policies of the SMA, reduce
use conflicts, and assure no net loss of shoreline ecological functions.
SHORELINE MODIFICATIONS (WAC 173-26-231)
The SMP Guidelines in WAC 173-26-231 define "shoreline modifications" as: "...generally related to
construction of physical elements such as a pier, floating structure, shoreline stabilization, dredged
basin, or fill..." WAC 173-26-231(2)(b) states (as a general principle) that master programs should:
"Reduce the adverse effects of shoreline modifications, and as much as possible, limit shoreline
modifications in number and extent." These shoreline modification principles and standards contained
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9.1.a
Attachment A— Findings and Conclusions
City of Edmonds SMP Update
in WAC 173-26-231 are reinforced through associated requirements for mitigation sequencing (WAC
173-26-201(2)(e) and the no net loss of shoreline ecological function standard (WAC 173-26-186).
Edmond's SMP regulates shoreline modifications under Section 24.50, and address shoreline
stabilization, moorage facilities (docks, piers and floats); filling, dredging and breakwaters, jetties and
groins, and habitat restoration and enhancement.
The primary changes from the existing SMP address are defined pier and dock dimensional standards
consistent with Federal and other State resource agencies guidance; and more prescriptive shoreline
stabilization regulations for new and replacement structures.
The SMP update incorporates the fundamental mitigation strategy required by Ecology guidelines by
requiring applicants for stabilization proposals to demonstrate first that the project is needed to protect
existing structures. The section also prioritizes soft shore stabilization over hard stabilization options,
and requires a site -specific geotechnical report for new stabilization. Report requirements are also
outlined in the regulations. Where stabilization is needed, the least impacting alternative type must be
used. The SMP requires that construction will not substantially disrupt littoral drift or near shore
ecological functions. "Soft shore" approaches such as upland drainage control, vegetation protection,
relocation of structures or improvements, or beach nourishment are a priority over hard stabilization
options (bulkheads).
Finding
Ecology finds that with the exception of required changes identified in Attachment B, the City's Shoreline
Modification standards are consistent with mitigation sequencing principles provided for in WAC 173-26-
201(2)(e), requirements in WAC 173-26-231, relating to shoreline modifications, and the Boating
Facilities requirements of WAC 173-26-241(c).
CUMULATIVE IMPACT ANALYSIS
Addressing no net loss of ecological functions is a critical element in any SMP update. WAC 173-26-
201(2)(c) (Protection of Shoreline Ecological Functions) requires that: "Master programs shall contain
policies and regulations that assure at minimum, no net loss of ecological functions necessary to sustain
shoreline natural resources." A cumulative impacts analysis documents how an SMP update addresses
no net loss of ecological functions.
Upon completion of the final draft SMP in 2014, Edmonds finalized its cumulative impact analysis (CIA)
to assess potential impacts resulting from anticipated future development allowed by the updated SMP.
The City CIA outlines ecological functions at risks and connects them to shoreline alterations and new
applicable SMP regulations and policies. Impaired ecological functions and reasonable foreseeable
development is outlined for each shoreline segment.
As described in the sections above, proposed general regulations and the integrated Critical Areas
Ordinance (CAO) address most commonly expected future impacts to ensure regulations achieve no net
loss of ecological functions. The CAO standards have been reviewed and revised for compliance with
SMA and SMP guidelines requirements. A shoreline use and modification matrix provides shoreline
environment -specific classifications of permitted and prohibited activities. A shoreline bulk and
dimensional standards table standards outlines shoreline setbacks, height and impervious surface limits
and for various uses. More stringent stabilization and pier/dock standards are other key SMP elements.
Edmonds also relies on non -regulatory incentives, intergovernmental coordination, and enforcement in
their multi -faceted approach to managing shorelines.
Packet Pg. 218
9.1.a
Attachment A— Findings and Conclusions
City of Edmonds SMP Update
Finding
Ecology finds that the City's Cumulative Impact Analysis presents an adequate analysis of shoreline uses
and modifications per WAC 173-201(3)(d)(iii).
RESTORATION PLAN
Pursuant to WAC 173-26-201(2)(c) and (f), local governments are directed to identify restoration
opportunities as a component of the SMP-update process, as well as establish implementation goals
that coordinate and facilitate appropriate publicly and privately initiated restoration projects.
Edmonds prepared a November 2014 shoreline restoration plan. The plan is a multifaceted approach to
restoring shoreline ecological functions. It includes policies which link the plan to the shoreline master
program. The plan outlines restoration programs at the regional and city level including on- going
projects.
The plan also includes a comprehensive table of possible restoration opportunity areas. Projects are tied
to restoration objectives and timelines. Projects vary from beach nourishment, creosote pier removal,
nearshore and riparian enhancement, and culvert replacement. Implementation strategies include
project evaluation, monitoring and adaptive management. Potential funding opportunities are also
outlined.
Finding
Ecology finds that the Final Shoreline Restoration Plan is based on appropriate technical information
available to the City during the SMP update. The plan fulfills the requirements of WAC 173-26-201(2)(c)
and (f).
OTHER STUDIES OR ANALYSES SUPPORTING THE SMP UPDATE
Ecology reviewed a large number of reports, studies and information related to the City SMP update, all
of which are included in the master file record, or are listed as "references" at the end of this document.
Key supporting documents include the:
• April 2006 public participation plan,
• August 2007 shoreline inventory and characterization,
• November 2014 cumulative impacts analysis,
• November 2007 shoreline use analysis, and
• November 2014 restoration plan.
CONSISTENCY REVIEW
Consistency with the Shoreline Management Act (RCW 90.58): The proposed amendments have been
reviewed for consistency with the policy and procedural requirements of RCW 90.58.020 and the
approval criteria of RCW 90.58.090.
Consistency with applicable guidelines (WAC 173-26): The proposed amendment has been reviewed for
compliance with the requirements of the applicable Shoreline Master Program guidelines (WAC 173-26-
171 through 251 and -020 definitions). This included review of a SMP Submittal Checklist, which was
completed by the City.
Consistency with SEPA Requirements: The City submitted evidence of compliance with RCW 43.21C, the
State Environmental Policy Act (SEPA) in the form of a SEPA checklist and issued a Determination of
Non -Significance (DNS) for the proposed SMP amendments on August 22, 2014. Notice of the SEPA
Packet Pg. 219
9.1.a
Attachment A— Findings and Conclusions
City of Edmonds SMP Update
determination was published in the Everett Herald on August 26, 2014. Ecology did not comment on
the DNS.
SECTION 3: DEPARTMENT OF ECOLOGY REVIEW PROCESS
The proposed SMP amendments were received by Ecology for state review and verified as complete on
January 21, 2015. This action initiated formal state review of the proposed SMP. Notice of the state
comment period was distributed to state task force members and interested parties identified by the
City on February 19, 2015, in compliance with the requirements of WAC 173-26-120. The state comment
period began on February 25, 2015 and continued through March 27, 2015.
SUMMARY OF ISSUES RAISED DURING THE ECOLOGY PUBLIC REVIEW PROCESS
Ecology received 143 comments from 31 citizens and 3 government agencies, one tribe and one
corporation. Consistent with SMP-Guideline review requirements in WAC 173-26-120, Ecology provided
the City with a summary of comments. The Responsiveness Summary (Attachment C) includes responses
by the City to SMP topics raised by the comments pursuant to WAC 173-26-120(6). The following is a
summary of the most common issues raised and both the City of Edmonds responses.
Summary of Comments:
The majority of comments focused on the size of the proposed Edmonds marsh buffer and setback and
the associated Urban Mixed Use IV Interim Shoreline Environment Designation.
The majority of citizen comments were in support of the City's 100 foot buffer (50 ft.) and setback (50
ft.). Some requested clarification about the previous 150 ft. buffer/setback proposal. Most comments
expressed concerns with the long term ecological health and future restoration of the marsh, its wildlife
habitat value and importance as a community amenity. Another common issue of concern is with
possible Port of Edmonds redevelopment plans for Harbor Square and tall buildings being located close
to the marsh.
Most agency and corporation comments were not in favor of the 100 foot marsh buffer and setback and
recommended a 50 ft. or 25 buffer with no setback. Comments expressed concerns that the proposed
buffer /setback was not supported by the most current scientific or biological information.
A few comments expressed that the proposed 100-foot buffer/setback was derived from a Department
of Ecology grant funding guidance document (Appendix Q. Other agency comments challenged the
validity of the interim designation for Urban Mixed Use IV environment. Concerns with impacts to
future site development of the Harbor Square and UnoCal clean-up site bordering the Edmonds Marsh
were also expressed.
Tribal comments questioned the intention of the Urban Mixed Use IV interim designation, the
finalization process and its potential to undermine future restoration. Concerns with the accuracy of the
shoreline jurisdiction boundaries of stream mouth estuarine areas were also stated.
Summary of City Response to comments:
The City of Edmonds SMP was developed in accordance with WAC 173-26 as documented in the SMP
submittal checklist submitted to the Department of Ecology. One of the guiding factors for the SMP
regulations is that the SMP result in no net loss of ecological functions. The City's Cumulative Impacts
Analysis submitted in support of the SMP documents how the City's SMP meets the no net loss
requirement.
Packet Pg. 220
9.1.a
Attachment A— Findings and Conclusions
City of Edmonds SMP Update
The Edmonds Marsh is specifically mentioned in three separate policies in the Edmonds SMP: Shoreline
Use Policies (SMP 24.20.050.C.12; the marsh is a high priority for studies); Conservation Element (SMP
24.20.060.C.1; the City should work to maintain the marsh); and Historic, Cultural, Scientific and
Educational Policies (SMP 23.20.070.C.2; the marsh should be preserved). Additionally, three restoration
projects related to the Edmonds Marsh (channel improvements, culvert replacement and Willow Creek
daylighting) are identified in the Restoration Plan.
Given the importance of Edmonds Marsh in the SMP and current efforts to secure funding for projects
such as the Willow Creek daylighting project, the City's proposed SMP included "interim standards" for
development around the marsh. The city adopted an "Interim" Urban Mixed Use IV environment for an
area where there is no preexisting shoreline regulation because the area is new to the shoreline
jurisdiction. The City noted the absence of any language about expiration in the regulation. The city's
use of "interim" in this context was not intended to be construed as an interim official control under
RCW 90.58.590 but ratheras an expression of legislative intent to revisit this environment within the
two-year period and adopt some kind of amendment, either by removing the "interim" descriptor if no
substantive changes are desired or by adopting a substantive amendment to the regulations for this
environment.
Because one of the city's main restoration strategies is to qualify for grant funding, the city believed the
SMP needed to be consistent with funding guidelines in Appendix L. The City's proposed 100-foot
setback was intended as a regulation designed to restore ecological functionsand also for its indirect
effect on the city's ability to obtain grant funding to restore the marsh.
The City noted that their proposed 100-foot setback regulation only has direct effect if and when
redevelopment occurs near the marsh.
The Port of Edmonds currently has no applications for constructing new buildings at Harbor Square
within shoreline jurisdiction. Once the SMP becomes affective, all new development within shoreline
jurisdiction will be subject to the City's SMP.
SUMMARY OF ISSUES IDENTIFIED BY ECOLOGY AS RELEVANT TO ITS DECISION
Ecology has reviewed the locally adopted SMP for consistency with applicable SMP-Guideline
requirements, and considered the city's response to issues raised during Ecology's public comment
period (Attachment D).
The following topics are issues relevant to Ecology's final decision on updates to the Edmonds SMP.
Required or recommended changes to address each of the following topic areas are included in
Required Changes (Attachment B).
EDMONDS MARSH SHORELINE JURISDICTION DETERMINATION
The 2007 Edmonds Shoreline Inventory and Characterization only included the Edmonds Marsh within
shoreline jurisdiction as an associated wetland. Additional information gathered in 2010 indicated that
a portion of the marsh has tidal inundation. This resulted in inclusion of the uplands bordering the
western part of the marsh within shoreline jurisdiction.
In late 2010 Ecology staff conducted water level, salinity and hydraulic continuity assessments at the
Edmonds Marsh. Based on these assessments, it was concluded that the ordinary high water mark
(OHWM) of Puget Sound extended well into the western portion of the West Marsh (midpoint between
SR 104 and the railroad right-of-way; the West Marsh lies to the west of SR 104), including the day -
Packet Pg. 221
9.1.a
Attachment A— Findings and Conclusions
City of Edmonds SMP Update
lighted portion of Willow Creek to the west of the railroad tracks (Figure 1). Based on this, portions of
the marsh should be classified as a shoreline of the state.
The determination was based on the predominance of salt -tolerant vegetation (salt grass [Distichlis
spicata] and pickleweed [Salicornia depressa]), tidal fluctuations, and a continuous and contiguous
water surface within this portion of the marsh (Figure 1). The salinities measured and dominant plants
seen in the western portion of the marsh in December 2010 confirm, as well as aerial photographs and a
previous marsh characterization, that tidal exchange is a current and ongoing process in this portion of
the marsh. WAC 173-22-030(a)(ii) defines the OHWM in low energy tidal environments as the landward
limit of salt -tolerant vegetation; tolerant of salinities >_ 0.5 parts per thousand (ppt). Saltgrass and
pickleweed are tolerant of salinities greater than 30 ppt.
VA=
elevation 112/11
No change in water
t ,elevation 112/11
Off f}
Figure 1. Approximate location of Edmonds Marsh water elevation stations, January 2011 shown on 2002 aerial photograph.
Highest observed tidal height at Seattle (11.54 feet) produced a 0.5 foot elevation rise at western monitoring station (blue dot),
while no change in water levels was registered at the two eastern stations (red dots). Note tidal channels and mud flats in
western portion of marsh and transition to more salt -sensitive vegetation to the east of tidal channels.
A number of studies have been done at the marsh, as well as the former UnoCal site, and these
assessments have found no surface water connection (except for flexible pipes) between the former
UnoCal detention pond and the marsh proper or Willow Creek. Based on these assessments, Ecology
does not recommend this pond be designated as an associated wetland.
Packet Pg. 222
9.1.a
Attachment A— Findings and Conclusions
City of Edmonds SMP Update
The portion of Edmonds Marsh east of SR 104 (East Marsh) should be designated as an associated
wetland. The East Marsh is associated due to proximity and influence to the West Marsh. Primarily, the
hydraulic continuity to the West Marsh is via the Shellbarger Creek culverts.
EDMONDS MARSH BUFFERS
Edmonds Marsh is a relatively important shoreline wetland that includes estuarine and freshwater
wetland communities, as well as Willow Creek, which discharges to Puget Sound immediately downstream
from the marsh. A stand of intact forest is found to the southeast of the marsh between State Route 104
and Pine Street. Scattered trees are also found along the eastern and northern edges of the marsh. For
terrestrial species, the habitat potential for Edmonds Marsh and adjoining buffers is significantly
constrained by the intense urban development surrounding the marsh. There are virtually no intact
habitat corridors linking the marsh to other large blocks of habitat (Figure 2), which limits access for large
mammals. This also limits the habitat suitability as breeding habitat for large birds such as raptors.
The ongoing discharge of inadequately treated storm water to Edmonds Marsh, as well as Puget Sound
immediately downstream, is currently the greatest ecological threat to the marsh. Harbor Square on the
north side of the marsh generates a considerable amount of storm water. Upgrading storm water
treatment at Harbor Square and impervious surfaces that drain to the marsh is an important and
necessary step in improving water quality in the marsh and Willow Creek.
While restoring the buffer at Harbor Square could contribute to improving water quality, retrofitting the
storm water treatment system would provide a much greater ecological lift and require a smaller
footprint. Unfortunately, the habitat benefits of a wider buffer are limited by the marsh's relative isolation
within a highly developed urban landscape. A densely planted strip of trees and shrubs would provide a
visual and physical screen and some additional habitat for birds, although planting trees on the levee
between the Marsh and Harbor Square may not be compatible with levee maintenance requirements.
Packet Pg. 223
9.1.a
Attachment A— Findings and Conclusions
City of Edmonds SMP Update
Figure 2. Edmonds Marsh and Willow Creek west of SR 104 with intact buffers outlined in red. Note tidal channels draining the
western portion of the marsh.
Figure 3 depicts the proposed shoreline jurisdiction for the Edmonds Marsh. The extent of tidally -
influenced salt marsh (i.e. salt -tolerant vegetation) is shown with the pink line. East of this line the
marsh is classified as associated wetland.
Packet Pg. 224
9.1.a
Attachment A— Findings and Conclusions
City of Edmonds SMP Update
2006 Salt Marsh Boundary
Figure 3. Approximate extent of salt marsh (and OHWM) in 2006 in West Marsh.
Due to the degraded condition and constraints on the Edmonds Marsh, Ecology has classified the marsh
as a Category II wetland within the locally adopted Shoreline Master Program (SMP; Section 24.40.020
(2)):
Category II wetlands are: 1) estuarine wetlands smaller than I acre, or disturbed
estuarine wetlands larger than 1 acre; 2) inter-dunal wetlands larger than 1 acres; 3)
disturbed coastal lagoons or 4) wetlands with a moderately high level offunctions
(scoring between 51-69 points). Category II wetlands have standard buffer width of 75
feet.
SMP-required change number three requires a 50-foot buffer with a minimum 15-foot structural buffer
setback. A 50-foot buffer is consistent with existing conditions on the intensely developed north side of
the marsh and present constraints. As discussed above, the presence of the levee also limits the water
quality benefits that a buffer would provide.
Packet Pg. 225
9.1.a
Attachment A— Findings and Conclusions
City of Edmonds SMP Update
The main benefit of restoring a buffer on the marsh would be some increased habitat area for urban -
tolerant wildlife species, as well as providing a more natural barrier between the marsh and urban
development at its edge.
A minimum 15-foot building setback would help preserve the integrity of a restored buffer. A larger
setback may encourage intensive uses such as parking, which is incompatible within a buffer setback.
In summary: Ecology considers the Edmonds Marsh to be classified as a class II wetland under the City
of Edmonds Critical Areas Ordinance (CAO; see wetland classification, ECDC 24.40.020). This estuarine
wetland has been significantly disturbed by urban development (significant reduction in size due to fill,
fragmentation, and isolation from adjacent wetlands, chronic storm water, and hydraulic separation
from Puget Sound). The CAO wetland buffer table prescribes a 75-foot buffer for a class II wetland. The
City CAO also requires a 15-foot buffer setback (ECDC 24.40.280, Building Setbacks). The recommended
Ecology buffer setback is consistent with the CAO. The recommended 50-foot buffer is less than the CAO
wetland classification. Ecology's analysis concludes that a 50-foot buffer is appropriate for Edmonds
Marsh given the environmental impact issues outlined above and the current configuration of the
Harbor Square Business Park.
URBAN MIXED USE IV SHORELINE ENVIRONMENT DESIGNATION (SMP 34.30.070)
Proposed required changes to this SMP section remove the classification of the Urban Mixed -Use IV
designation as an "interim" designation, and delete the accompanying rationale.
The interim designation is no longer necessary given the proposed 50 foot marsh buffer and 15 foot
buffer setback (Changes 2 and 3). The changes are consistent with the Planning Commission draft SMP
which is tailored to existing conditions. The changes are consistent with the guidelines requirement to
base master programs on available scientific and technical information [WAC 173-26-201(2)(a)].
One of the original objectives of the interim designation was to provide time to secure buffer
enhancement grant funding for the proposed 100 foot marsh buffer /setback. An August 19, 2015 letter
from Ecology's Water Quality Program (attachment F) clarifies that the buffer enhancement grant
eligibility for the Edmonds Marsh is a minimum 35 foot buffer width.
Further marsh studies can continue with an SMP that incorporates the required changes.
Redevelopment of the Harbor Square and the Chevron sites (Edmonds Crossing Ferry Terminal) are
more likely to occur along with needed buffer enhancement and storm water treatment improvements
which will improve the ecological functions of the Edmonds Marsh.
Note that Ecology included a recommended change to the SMP use table that would provide the city
with zoning flexibility within the Urban Mixed Use IV environment (see Appendix C). Adopting this
change would preclude the need for future SMP amendments should the City modify zoning for that
area.
SECTION 4: CONCLUSIONS OF LAW
After review by Ecology of the complete record submitted and all comments received, Ecology
concludes that the City's SMP proposal, subject to and including Ecology's required changes (itemized in
Attachment B), is consistent with the policy and standards of RCW 90.58.020 and RCW 90.58.090 and
the applicable SMP guidelines (WAC 173-26-171 through 251 and .020 definitions). This includes a
conclusion that the proposed SMP, subject to required changes, contains sufficient policies and
regulations to assure that no net loss of shoreline ecological functions that is anticipated to result from
Packet Pg. 226
9.1.a
Attachment A— Findings and Conclusions
City of Edmonds SMP Update
implementation of the new master program amendments [WAC 173-26-201(2)(c)]. Ecology has also
provided a recommended change in Appendix C the City may consider.
Ecology concludes that the City has chosen not to exercise its option pursuant to RCW 90.58.030(2)(f)(ii)
to increase shoreline jurisdiction to include land necessary for buffers for critical areas located within
shorelines of the state. Therefore, as required by RCW 36.70A.480(6), for those designated critical areas
with buffers that extend beyond SMA jurisdiction, the critical area and its associated buffer shall
continue to be regulated by the City's critical areas ordinance. In such cases, the updated SMP shall also
continue to apply to the designated critical area, but not the portion of the buffer area that lies outside
of SMA jurisdiction. All remaining designated critical areas (with buffers not extending beyond SMA
jurisdiction) and their buffer areas shall be regulated solely by the SMP.
Ecology concludes that those SMP segments relating to shorelines of statewide significance provide for
the optimum implementation of Shoreline Management Act policy (RCW 90.58.090(5).
Ecology concludes that the City has complied with the requirements of RCW 90.58.100 regarding the
SMP amendment process and contents.
Ecology concludes that the City have complied with the requirements of RCW 90.58.130 and WAC 173-
26-090 regarding public and agency involvement in the SMP amendment process.
Ecology concludes that the City has complied with the purpose and intent of the local amendment
process requirements contained in WAC 173-26-100, including conducting open houses and public
hearings, notice, consultation with parties of interest and solicitation of comments from tribes,
government agencies and Ecology.
Ecology concludes that the City has complied with requirements of Chapter 43.21C RCW, the State
Environmental Policy Act.
Ecology concludes that the City SMP amendment submittal to Ecology was complete pursuant to the
requirements of WAC 173-26-110 and WAC 173-26-201(3)(a) and (h) requiring a SMP Submittal
Checklist.
Ecology concludes that it has complied with the procedural requirements for state review and approval
of shoreline master program amendments as set forth in WAC 173-26-120.
DECISION AND EFFECTIVE DATE
Based on the preceding, Ecology has determined the proposed amendments are consistent with the
policy of the Shoreline Management Act, the applicable guidelines and implementing rules, once
required changes set forth in Attachment B are accepted by Edmonds. As provided in RCW
90.58.090(2)(e)(ii) the City may choose to submit an alternative to all or part of the changes required by
Ecology. If Ecology determines that the alternative proposal is consistent with the purpose and intent of
Ecology's original changes and with RCW 90.58, then the department shall approve the alternative
proposal and that action shall be the final action on the amendment. The master program will take
effect fourteen days from the date of Ecology's written notice of final action to the local government.
Packet Pg. 227
9.1.a
Attachment A— Findings and Conclusions
City of Edmonds SMP Update
SECTION 5: REFERENCES
City of Edmonds Shoreline Master Program Public Comment Summary, June 2015 (Attachment C)
Department of Ecology Water Quality grant funding guidance document (Appendix L) from Department
of Ecology's Funding Guidelines for Water Quality Financial Assistance (Attachment D)
Department of Ecology Water Quality Program, Ben Rau correspondence to Edmonds, August 19, 2015
(Attachment E)
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ATTACHMENT B - DEPARTMENT OF ECOLOGY REQUIRED CHANGES TO EDMONDS PROPOSED SMP (11/18/2014, RESOLUTION NO. 1326)
9.1.a
Attachment B: The following changes are required to comply with the SMA (RCW 90.58) and the SMP guidelines (WAC 173-26, Part III).
ITEM
SIVIP PROVISION
Topic
Bill Format Changes [underline -additions; stiaffikethiceug4-deletionsl
ECOLOGY - DISCUSSION/RATIONALE
1.
24.40.020 Critical Areas
Critical Areas
B. The City of Edmonds Critical Area Ordinance, as codified in Chapters 23.40
The revised critical areas ordinance was adopted by the
Ordinance
through 23.90 ECDC (dated N1Avem"eri3, 20"^mod. 352:7May 3, 2016, Ord 4026)-
City Council on May 3rd 2016. Correct referencing is
Referencing
are herein adopted as a part of this Program, except for the specific subsections
needed to acknowledge the change.
listed 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 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.
2.
Appendix B
SMP Critical
Replace Appendix B containing the critical area regulations dated November 23,
The SMP Incorporates the revised critical areas
Area
2014, Ordinance 3527 with the critical area regulations (minus exceptions noted in
ordinance adopted by the City Council on May 3, 2016.
Regulations
item 4 below) dated May 3, 2016, Ordinance 4026.
3.
24.40.020 Critical Areas
CAO
1. Wetlands: ECDC 23.50.040P.3. AnY hatprepeses
The revised critical areas ordinance was adopted by the
Shoreline project g-G�
provisions
began 'I 25, through the mechanisms described OR ECDC
red
City Council on May 3rd 2016. The stricken CAO sections
a -h''ff^r
CtiO
triggered by a
24.^�Q2would require variance. No variance is required f^r
have been updated within the new CAO. New CAO
-a shoreline
shoreline
v.;etla^P' Ted C-t+eRce isterit with ECDC
provisions do not trigger a shoreline variance.
variance
b. ECDC 2 n3J-gv.0 0.A.I.h 17, n 2: Qiiffer recI i.- 6OR and alterat*er,r
3. Cish.vJiiaiifc Habitat Conservation Areas ECDC 23.90.040.D2: Reduced
and a.
h ffPer y.f0 d+hr,
h )R n.. +Art structures cxistin-Wit in stream u ers
.FCDC .on .nnn .nrT4,HPaI
4.
24.40.020 Critical Areas
CAO
D. Exceptions. The specific provisions of the Critical Area Ordinance listed below
The revised critical areas ordinance was adopted by the
Exceptions
shall not apply to development within shoreline jurisdiction.
City Council on May 3rd 2016. The stricken CAO sections
have been updated within the new CAO. Many of the
1. General Provisions:
previous CAO exceptions no longer need to be
acknowledged within the SMP.
Page 1 of 4 Packet Pg. 229
ATTACHMENT B - DEPARTMENT OF ECOLOGY REQUIRED CHANGES TO EDMONDS PROPOSED SMP (11/18/2014, RESOLUTION NO. 1326)
9.1.a
ITEM
SIVIP PROVISION
Topic
Bill Format Changes [underline -additions; stFil(ethFewgI4-deletions]
DrAwms;mAPS f ehapter )R nn GC}�n,C relatiRg ter ahl f
ECOLOGY - DISCUSSION/RATIONALE
tFPTyW rtY-with sheFeliRe jWiSd+EtieR� Specifically ECDC
prep
72 nn nnn a.P.PI Crnr
c. ECDC 23.40.210: Variance
e. €CSC �3..n0cRQ: E-Eemtoens
2. Geologically Hazardous Areas:
a. ECDC 23.80.040.B.1 & 2: Allowed activities in geologically hazardous areas
1A1 tl-,r.a.--
- Grnr 23 50 910 n• W tland Rating
h. ECDC 3.§9.n�P1: StaAdard Ruffer Widths
Grnr �� �n nnn F.4: WeTlan� Baffer Width A �cccc c.cv-v�v. �vera-g!Rg.
d-. ECDC 23.50.nnn C 4 h: Passive Recreati9n
e. €Ejj'D�C �23.50.040.k €xe}}mom} i�ORS } �c
f. ECDC _2_2.5��5Q..F- M tigait7lRTTQTCaties
g ECDC 23 Cn nCn r• \.Netl@pd_s Cr.haReemeRt @S MitigatiGR
5.
24.40.020 Critical Areas
Wetlands
Delete 24.40.020.F (1) — (4).
The revised critical areas ordinance was adopted by the
Deletions are not shown in strike -through here to save space.
City Council on May 3rd 2016. The stricken CAO
sections have been updated within the new CAO.
6.
Part III Shoreline
B.
Urban Mixed -Use IV: The Urban Mixed -Use IV designation is being established as
Changes to this regulation remove the classification of
Environments
Designation
an Ont r;m shoreline designation. is appropriate for those areas bordering T the
the Urban Mixed -Use IV designation as an "interim"
24.30.070
Criteria
Edmonds Marsh. g The marsh was identified as a shoreline of the state is new
designation, and delete the accompanying rationale.
Urban Mixed Use
5. Urban
to this SIVIP update and was identified as a sheFeline of the st late in the
The interim designation is no longer necessary given the
Mixed Use IV
planning process... , W-with properties within 200-feet of the salt influenced
proposed 50 foot marsh buffer (Changes 2 and 3). The
portions of the marsh now under shoreline jurisdiction (where they had not
changes are consistent with the Planning Commission
previously been so designated). Specific review of the effects of establishing a
draft SMP which is tailored to existing conditions. The
the be
changes are consistent with the guidelines requirement
sheFelene enviFenment en existing and prepesed uses around FnaFsh must
:V
2
Page 2 of 4
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ATTACHMENT B - DEPARTMENT OF ECOLOGY REQUIRED CHANGES TO EDMONDS PROPOSED SMP (11/18/2014, RESOLUTION NO. 1326)
9.1.a
ITEM
SIVIP PROVISION
Topic
Bill Format Changes [underline -additions; stFikethFeugl4-deletions]
ECOLOGY - DISCUSSION/RATIONALE
stud+ed.
to base master programs on available scientific and
technical information [WAC 173-26-201(2)(a)].
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
One of the original objectives of the interim designation
Marsh is the Harbor Square commercial development owned by the Port of
was to provide time to secure buffer enhancement grant
Edmonds. ;he SMD bipdate piceeess was delayed +^ -,II.,,., the °„r+ Af WpApAd';
funding for the proposed 100 foot marsh buffer
time to submit a IeRg - warheic Squa ^ "rite~ Pap f.,r ^ Rt Feview
/setback. An August 19, 2015 letter from Ecology's
plappe
by the C+tf €daseHaFbeia Squaice-N;aste� °was
Water Quality Program clarifies that the buffer
-fQsed
„I+;^^atel„ Ret adopted by the City
enhancement grant eligibility for the Edmonds Marsh is a
minimum 35 foot buffer width.
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
Further marsh studies can continue with an SMP that
the flooding problem at the Dayton Street/State Route 104 intersection and the
incorporates the required changes. Redevelopment of
role the marsh and play in a solution to the flooding problem.
the Harbor Square and the Chevron sites (Edmonds
Crossing Ferry Terminal) are more likely to occur along
with needed buffer enhancement and storm water
theCity, OR €eeleg
treatment improvements which will improve the
a�I c:e9peFatieR with picepei:ty ewReFs, , sc:ieRtists
ageR 0es�oicgaRizatieRs and me.mbelcsefth to eaFeful�evie;.v e€festsef
ecological functions of the Edmonds Marsh.
developmeRt well the role the EdMORIEIS Marsh
and plaRRed as as ecological plays
0R the City Edie.}d3 TheCityiRteRGISW issues th.,
of study SUFFOWRdiRg
Edmonds Marsh related UrbaR Mixed Use IV des*gnat*E)R fer twe frem
and years
the P-1-ate this SIVIP. At the the the City will
effective ef end of study period, adopt
don th
whether the entire aFea should have the same .Je& n time ,
7.
Part IV General Policies
and Regulations
Development
Standards
Shoreline Area Designation
The required changes align with SMP provisions from the
planning commission draft recommended approach to
Urban Mixed Use IV
Table
buffers and setbacks on the Edmonds Marsh, which are
24.40.090 Shoreline
Bulk and Dimensional
Urban Mixed
Use IV
tailored specifically to existing conditions. The required
changes are consistent with the record developed during
Commercial and Light Industrial Development
Standards
the SMP. Changes are required for consistency with
Shore
1n� 65 50
Shore Setback
Setback
RCW 90.58.100 and WAC 173-26-201(2)(c) and (e)
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ATTACHMENT B - DEPARTMENT OF ECOLOGY REQUIRED CHANGES TO EDMONDS PROPOSED SMP (11/18/2014, RESOLUTION No. 1326)
9.1.a
ITEM
SMP PROVISION
Topic
Bill Format Changes
[underline -additions; stFikethF96igI4-deletions]
ECOLOGY - DISCUSSION/RATIONALE
(protection of ecological functions and environmental
impact mitigation). Ecology acknowledges the City
Council amendments to the Planning Commission draft
were based on a concern that buffers would be need to
be 100 feet to be eligible for Ecology water quality
grants. As noted in a letter from Ecology's Water
program, a restoration project would be eligible based
on the science -based planning commission setback of 50
feet (see letter from Ben Rau to Shane Hope, August 19,
2015).
g,
Part IV General Policies
Development
18. Setback for new buildings and expansion of buildings Rew development within
The 15 foot buffer setback is consistent with the SMP
and Regulations
Standards
the Urban Mixed -Use IV environment is 499 65 feet. Redevelopment of greater
integrated critical areas regulations ECDC 24.40.280
Table
than 50% for the Harbor Square property within shoreline jurisdiction and
(Building Setbacks). Also see rationale for change 2.
24.40.090 Shoreline
development of the site on the south border of the marsh within shoreline
Bulk and Dimensional
Footnotes
jurisdiction require the establishment of a 50-foot vegetation buffer adjacent to
Standards
the Edmonds Marsh where the vegetative buffer is absent, in combination with a
15 foot structural setback .
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ATTACHMENT C -DEPARTMENT OF ECOLOGY RECOMMENDED CHANGES TO PROPOSED SMP AMENDMENT (11/18/2014, RESOLUTION NO. 1326)
9.1.a
Attachment C: The following changes are required to comply with the SMA (RCW 90.58) and the SMP guidelines (WAC 173-26, Part III).
1. 24.40.080 Shoreline
Development Table:
Shoreline Development
Permitted by Area
Designation
as
Topic Bill Format Changes [underline -additions; strikethlFeugh-cleletions] c
ECOLOGY. —
Urban Mixed Within the Urban Mixed Use IV environment, change prohibited (X) to SDP, in the row for This recommended change would provide the city with zoning 0
Use IV allowed "Attached or stacked residential (multifamily)" under the subheading "Residential." flexibility within the Urban Mixed Use IV environment. co
uses. Adopting this change would preclude the need for future SMP c14
amendments should the city modify zoning for that area.
r
Page 1 of 1 Packet Pg. 233
9.1.a
City of Edmonds Shoreline Master Program — Comment Summary
WA Department of Ecology public comment period: February 25 through March 27, 2015
Summary prepared by David Pater, April 13, 2015. City of Edmonds response to comments added June 11, 2015.
Comment #
Topic and format
INNEEk-
Commenter
WSpecific Comment
Edmonds Response
1. Edmonds Marsh
Ken Reidy
Clarify SMP Edmonds Marsh l 00-foot buffer
Chapter 11 of the SMP Handbook notes, "Shoreline setbacks are the distances
buffer/setback
Edmonds WA
/setback combination.
separating two features such as a structure and the water, or a structure and
(email)
the buffer." The SMP handbook also notes, "Some local governments with
intensely developed shorelines have established only setbacks from the
OHWM. Vegetation conservation is required, and planting new vegetation,
replacing noxious weeds and invasive plants with native plants, and other
habitat improvements are required for new or expanded development. These
measures meet the requirements of the SMP Guidelines to protect ecological
functions, as buffers do."
In the City's SMP the definitions for buffer and shore setback are:
24.90.01O.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.
24.90.050.A. "Shore setback" means the minimum distance between a
structure or use and the shoreline ordinary high water marl
By definition, the buffer is adjacent to the critical area or shoreline and the
setback is measured from ordinary high water mark, so if there is both a buffer
and setback, they will necessarily overlap.
Packet Pg. 234
9.1.a
As mentioned above, the SMP handbook notes, "Some local governments with
intensely developed shorelines have established only setbacks from the
OHWM. Vegetation conservation is required, and planting new vegetation,
replacing noxious weeds and invasive plants with native plants, and other
habitat improvements are required for new or expanded development." This is
essentially the approach taken in the Urban Mixed Use IV Environment. The
Shoreline Bulk and Dimensional Standards in 24.40.090 (pgs. 54 - 56) in the
SMP list the shore setback for the Urban Mixed Use IV designation as 100150
with a reference to footnote 18 which states, "Setback for new development
within the Urban Mixed Use IV environment is 100 feet. New development
activities with the Urban Mixed Use IV environment require the establishment
of a 50-foot vegetative buffer adjacent to the Edmonds Marsh where the
vegetative buffer is absent."
Additional vegetation conservation measures are included in 24.40.050
Shoreline Vegetation Conservation as well as 24.40.020 - Critical Areas.
2. Edmonds Marsh
Ken Reidy
Is the total of 150-feet buffer/setback supported by
The total setback/buffer distance in for the Urban Mixed Use IV designation in
buffer/setback
Edmonds WA
the following excerpt from a Memorandum to the
the draft SMP is 100 feet. The excerpt referenced is from the Director's
(email)
Edmonds Planning Board dated October 22, 2014?
update to the Planning Board describing the current (as of the drafting of the
memo for the October 22, 2014 Planning Board meeting) status of the SMP
before the City Council. At the October 21, 2014 Council meeting, the
Council revised the SMP to the current 100150 foot setback/buffer
combination.
3. Shoreline
Ken Reidy
A shoreline buffer is an area that is to be maintained
The referenced language and comment are regarding Frequently Asked
buffers (email)
Edmonds WA
in an undisturbed state yet allows some development
Questions from the Department of Ecology's website and is not language
in most situations. How can something be maintained
contained in the City of Edmond's SMP.
in an undisturbed state, yet allow some
development in most situations?
4. Defining
Ken Reidy
Please provide a definition of shoreline area. Does
Edmonds SMP 24.90.050.B "Shoreline areas " and "shoreline jurisdiction "
shoreline areas
Edmonds WA
the shoreline area include the buffer?
means all "shorelines of the state " and "shorelands " as defined in RCW
(email)
90.58.030.
RCW 90.58.030 (d) "Shorelands" or "shoreland areas" means those lands
extending landward for two hundred feet in all directions as measured on a
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9.1.a
horizontal plane from the ordinary high water mark; floodways and
contiguous floodplain areas landward two hundred feet from such floodways;
and all wetlands and river deltas associated with the streams, lakes, and tidal
waters which are subject to the provisions of this chapter; the same to be
designated as to location by the department of ecology.
(i) Any county or city may determine that portion of a one -hundred -year -
flood plain to be included in its master program as long as such portion
includes, as a minimum, the floodway and the adjacent land extending
landward two hundred feet therefrom.
(ii) Any city or county may also include in its master program land
necessary for buffers for critical areas, as defined in chapter 36.70A RCW,
that occur within shorelines of the state, provided that forest practices
regulated under chapter 76.09 RCW, except conversions to nonforest land use,
on lands subject to the provisions of this subsection (2)(d)(ii) are not subject to
additional regulations under this chapter;
(g) "Shorelines of the state" are the total of all "shorelines" and "shorelines
of statewide significance" within the state;
(e) "Shorelines" means all of the water areas of the state, including
reservoirs, and their associated shorelands, together with the lands underlying
them; except (i) shorelines of statewide significance; (ii) shorelines on
segments of streams upstream of a point where the mean annual flow is twenty
cubic feet per second or less and the wetlands associated with such upstream
segments; and (iii) shorelines on lakes less than twenty acres in size and
wetlands associated with such small lakes;
()q "Shorelines of statewide significance" means the following shorelines of
the state:
(i) The area between the ordinary high water mark and the western
boundary of the state from Cape Disappointment on the south to Cape Flattery
on the north, including harbors, bays, estuaries, and inlets;
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(ii) Those areas of Puget Sound and adjacent salt waters and the Strait of
Juan de Fuca between the ordinary high water mark and the line of extreme
low tide as follows:
(A) Nisqually Delta --from De Wolf Bight to Tatsolo Point,
(B) Birch Bay --from Point Whitehorn to Birch Point,
(C) Hood Canal --from Tala Point to Foulweather Bluff,
(D) Skagit Bay and adjacent area --from Brown Point to Yokeko Point, and
(E) Padilla Bay --from March Point to William Point;
(iii) Those areas of Puget Sound and the Strait of Juan de Fuca and
adjacent salt waters north to the Canadian line and lying seaward from the
line of extreme low tide;
(iv) Those lakes, whether natural, artificial, or a combination thereof, with
a surface acreage of one thousand acres or more measured at the ordinary
high water mark;
(v) Those natural rivers or segments thereof as follows:
(A) Any west of the crest of the Cascade range downstream of a point where
the mean annual flow is measured at one thousand cubic feet per second or
more,
(B) Any east of the crest of the Cascade range downstream of a point where
the annual flow is measured at two hundred cubic feet per second or more, or
those portions of rivers east of the crest of the Cascade range downstream
from the first three hundred square miles of drainage area, whichever is
longer;
(vi) Those shorelands associated with ()9(1), (ii), (iv), and (v) of this
subsection (2);
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A buffer may be included within the shoreline area. An instance where a
buffer would not be within the shoreline area is the buffer on an associated
wetland where shoreline jurisdiction ends at the boundary of an associated
wetland.
5. EPA and NMFS,
Ken Reidy
Believes the Edmonds Marsh is classified as a
According to the 2004 Best Available Science Report prepared for the City's
Minimum Buffer
Edmonds WA
category c wetland under table L-1 (EPA NMFS
2004 Critical Area Ordinance update, the Edmonds Marsh is a Category I
Requirements for
buffer requirements) because the water body is
wetland.
Surface Waters
impeded by a man-made structure (e.g. culvert, dam,
(email)
etc.) which prevents anadromous or ESA listed fish
The mapping program associated with Appendix L identifies the two streams
access.
that run through the marsh in the Category C column.
6. EPA and
Ken Reidy
Is a 100' setback the same thing as a 100' minimum
In the City's SMP the definitions for buffer and shore setback are:
NMFS, Minimum
Edmonds WA
riparian buffer?
Buffer
24.90.010.P "Buffer" means the area adjacent to a critical area and/or
Requirements for
shoreline that is required for the continued maintenance, function, and/or
Surface Waters.
structural stability of the critical area and/or shoreline. Buffer widths vary
(email)
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.
24.90.050.A. "Shore setback" means the minimum distance between a structure
or use and the shoreline ordinary high water mark.
7. EPA and
Ken Reidy
Is a 50' riparian buffer within a 100' setback the same
See responses to Comment #1 and Comment #6.
NMFS, Minimum
Edmonds WA
thing as a 100' minimum riparian buffer?
Buffer
Requirements for
Surface Waters.
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9.1.a
(email)
8. Federal and
Ken Reidy
Edmonds Marsh: does there have to be a setback from
The SMP was developed to be consistent with the SMA. There are many grant
state grant funding
Edmonds WA
the edge of the riparian buffer to meet federal and
opportunities and each program has its own funding requirements. The buffer
requirements
state funding guidelines?
guidelines in Appendix L from Department of Ecology's Funding Guidelines
(email)
for Water Quality Financial Assistance are for three specific grant programs
(Centennial Clean Water Program, Clean Water Act Section 319, and
Washington State Water Pollution Control Revolving Fund Program). This
specific funding guidance document does not mention a setback on buffers.
9. Best Available
Ken Reidy
Does Best Available Science require a setback from
Best Available Science is not a regulation that has specific requirements, rather
Science
Edmonds WA
the edge of a riparian buffer?
BAS is used to inform decision making. One reason for including a setback
(email)
from a buffer is the setback protects the buffer from the impacts related to uses
outside of the buffer, such as maintenance on structure.
10. Grant funding
Ken Reidy
Can the Edmonds SMP just require a 100 ft. riparian
The Edmonds SMP could establish a buffer without a setback requirement and
guidelines and best
Edmonds WA
buffer with no setback from the buffer? Question
be consistent with the SMA and best available science. The SMP was
available science.
applies to both funding guidelines and best available
developed to be consistent with the SMA. There are many grant opportunities
(email)
science.
and each program has its own funding requirements. The buffer guidelines in
Appendix L from Department of Ecology's Funding Guidelines for Water
Quality Financial Assistance are for three specific grant programs (Centennial
Clean Water Program, Clean Water Act Section 319, and Washington State
Water Pollution Control Revolving Fund Program). This specific funding
guidance document does not mention a setback on buffers.
11. Buffer
Ken Reidy
Does some law or other requirement also require a
The SMP was developed to be compliant with the Shoreline Management Act
Setbacks (email)
Edmonds WA
setback from the edge of the buffer?
and the Shoreline Management Act does not require a setback from the edge of
buffers.
12. US Army
Ken Reidy
Concerned about the authority the United States
While Ecology does administer the Sec. 401 Water Quality Certification, half
Corps of Engineers
Edmonds WA
Army Corps of Engineers has to issue permits to
of the federal Clean Water Act authorizations, the review and approval of the
wetland permitting
applicants to work in and next to the valuable and
Sec. 404 authorization is administered by the Corps. There are circumstances,
authority
fragile resources located along the shorelines of
such as the Thuessen wetland, when the Corps can determine that a project
(email)
Edmonds covered under the Edmonds Shoreline
also meets water quality standards and that no further coordination with
Master Program.
Ecology is required. The Corps is administering federal law and does not have
a regulatory role in SMA decisions; the Sec. 404 process is independent of
shoreline permitting review by the local jurisdiction and Ecology.
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9.1.a
13. US Army
Ken Reidy
Concerned that public notification related to permit
For projects that do not qualify for a nationwide permit the Corps does provide
Corps of Engineers
Edmonds WA
applications the United States Army Corps of
an opportunity for public comment. Concerns with the Corps' Sec. 404 review
wetland permitting
Engineers receives, processes, and grants have not
process would need to be discussed with the Corps.
authority (email)
been provided in the past.
14. US Army
Ken Reidy
Concerned that public comments have not been
All shoreline substantial development, conditional use, and variance permits
Corps of Engineers
Edmonds WA
allowed to be made in the past related to permit
will have a public comment period. All shoreline conditional use and variance
wetland permitting
applications the United States Army Corps of
permits will require a hearing before the City of Edmonds' Hearing Examiner
authority (email)
Engineers receives, processes, and grants.
as will those substantial development permits that trigger a public hearing in
accordance with SMP 24.80.100. Shoreline exemptions do not require a public
comment period.
15. US Army
Ken Reidy
Concerned that there appears to be no specific appeal
The SMP does not establish an appeal procedure for Army Corps of Engineers
Corps of Engineers
Edmonds WA
process related to permits issued by the United States
permits. Appeal procedures for Army Corps of Engineers permits are detailed
wetland permitting
Army Corps of Engineers to work in and next to the
in 33 CFR Part 331. Appeal procedures for city issued shoreline permits are
authority
valuable and fragile resources located along the
contained in SMP 24.80.110.C.
(email)
shorelines of Edmonds covered under the Edmonds
Shoreline Master Program.
16. US Army
Ken Reidy
Based on the United States Army Corps of Engineers
The Washington State Shoreline Management Act and Edmonds Shoreline
Corps of Engineers
Edmonds WA
historic behavior in the City of Edmonds, I believe
Master Program do not have the authority to direct the U.S. Army Corps of
Wetland permitting
the role the U S Army Corps of Engineers can play
Engineers. The U.S. Army Corps of Engineers is governed by federal
authority addressed
related to the valuable and fragile resources located
regulations.
within SMP
along the shorelines of Edmonds should be covered
update. (email)
under the Edmonds Shoreline Master Program.
SMP 24.10.030.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.
17. Edmonds
Finis Tupper
Concerned about how the setback and buffer
I believe the reference is to the October 21, 2014 Council meeting.
Marsh Urban
Edmonds WA 98020
requirements in the Urban IV area (Edmonds Marsh)
Mixed Use IV
were changed by the City Council on October 31,
The City concurs that the SMP update was a long process. It is within the City
buffer/setback
2014, 864 days from the Planning staff original
Council's authority to make appropriate changes to the SMP (or anything else
(email)
presentation and after public comment and
within their legislative authority) prior to adopting the SMP. As noted in the
participation with no scientific support of lesser
response to number 20 below, the use of scientific information in the SMP is
amount of 50 ft. setback from the 50 ft. buffer.
guided by WAC 173-26-201(2)(a). The City of Edmonds assembled the most
current information in the Shoreline Inventory and Characterization document
and relied on technical assistance materials provided by the Department of
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Ecology consistent with WAC 173-26-201.
18. Ecology SMP
Finis Tupper
The SMP handbook clearly defines setbacks and
See response to Comment #1.
handbook
buffers as two separate requirements not one
(email)
requirement that can be combined.
Dept. of Ecology response: Concur with Edmonds response. In addition the
SMP handbook Ch.I 1 (pg. 2-4) also explains the function of a structural
setback from a buffer. A setback from a buffer protects the buffer from the
impacts related to use of a structure. This is a very common approach other local
SMP use to further protect the integrity of shoreline buffer ecological functions.
19. SMP process
Finis Tupper
The City staff presentation at the October 21, 2013
I believe the reference is to the October 21, 2014 Council meeting.
clarification for
Council Meeting and proposed SMP update had a 150
defining Edmonds
ft. setback with 50 ft. buffer that equaled 200 feet.
Staff advised the Council of the difference between buffers, setbacks, and
Marsh buffers and
This was the dimension measurement after all the
shoreline jurisdiction at several Council meetings (2/26/13, 3/26/13, 6/4/13,
setback
meetings and public comment. What is confusing, is
12/17/13, 9/2/14, 9/16/14, and 10/21/14). How the vegetative buffer is located
(email)
this was the first time public was advised the two
within the setback was specifically discussed at the December 17, 2013
measures are not separate but combined measurement
Council meeting, which is the first time the setback/buffer combination was
of both buffer/setback dimensional requirements. The
discussed. The images used to show the combination buffer/setback provision
setback measurement is from OHWM and not from
for the Urban Mixed Use IV environment clearly showed the buffer is to be
the 50 ft. buffer line.
contained within the setback.
20. Availability of
Finis Tupper
October 21, 2013 Council Meeting: Councilmember
I believe the reference is to the October 21, 2014 Council meeting.
marsh buffer
Buckshnis apologized to staff for her
related documents
misunderstanding of the setback/buffer measurements
Appendix L from Department of Ecology's Funding Guidelines for Water
(email)
calculation. She went on to say, she was member of
Quality Financial Assistance is a publicly available document. The funding
WRIA-8 Board and all the Native Americans want is
guidelines are not one of the SMP documents, but was used as other available
a 100 ft. setback. She claimed to have a NOAA grant
information in determining the size of buffers/setbacks for the Urban Mixed
document and offered to supply it to Councilmember
Use IV shoreline environment. The funding guidelines and Appendix L was
Petso in support of the measurement change in the
emailed to the City Council on October 22, 2014.
SMP update. City staff noted this document was not
available on any of the SMP documents or to the
public prior to closing comment.
20. Best Available
Finis Tupper
I have always thought the Shoreline Management
The standards for local government development of Shoreline Management
Science
Plan updates are required to use "Best Available
Programs are detailed in WAC 173-26. The City of Edmonds SMP was
(email)
Science" and not Grant funding opportunities to
developed in accordance with WAC 173-26 as documented in the SMP
determine the best measurements for setback/buffer
submittal checklist submitted to the Department of Ecology.
that protect and preserve natural water/wetland
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9.1.a
features and habitats.
With regard to the use of scientific information WAC 173-26-201(2) notes:
(a) Use of scientific and technical information. To satisfy the requirements
for the use of scientific and technical information in RCW 90.58. 1 00(l), local
governments shall incorporate the following two steps into their master
program development and amendment process.
First, identify and assemble the most current, accurate, and complete scientific
and technical information available that is applicable to the issues of concern.
The context, scope, magnitude, significance, and potential limitations of the
scientific information should be considered. At a minimum, make use of and,
where applicable, incorporate all available scientific information, aerial
photography, inventory data, technical assistance materials, manuals and
services from reliable sources of science... Local governments should consult
the technical assistance materials produced by the department. When relevant
information is available and unless there is more current or specific
information available, those technical assistance materials shall constitute an
element of scientific and technical information as defined in these guidelines
and the use of which is required by the act.
Second, base master program provisions on an analysis incorporating the
most current, accurate, and complete scientific or technical information
available...
The City of Edmonds assembled the most current information in the Shoreline
Inventory and Characterization document and relied on technical assistance
materials provided by the Department of Ecology consistent with WAC 173-
26-201. The use of Appendix L from Department of Ecology's Funding
Guidelines for Water Quality Financial Assistance constitutes the use of other
available information in determining appropriate setbacks and buffers within
the City's SMP.
21. Edmonds
Finis Tupper
The Port of Edmonds, owners of Harbor Square
The existing uses and structures at Harbor Square would be nonconforming
Marsh
Development that abuts the Edmonds Marsh, would
uses subject to the requirements of SMP 24.70.000 — 24.70.050.
buffer/setback
be grandfathered and suffer no damages with a 50 ft.
(email)
buffer and 150 ft. setback from the vegetation buffer.
The Port of Edmonds currently has no applications for constructing new
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10
Although the Port has passed a Master Plan that if
buildings at Harbor Square within shoreline jurisdiction. Once the SMP
approved by the City Council would intensify use and
becomes affective, all new development within shoreline jurisdiction will be
development that could possibly affect the ecology of
subject to the City's SMP.
Marsh and proposed day lighting of Willow Creek.
22. Edmonds
Finis Tupper
I would hope that the Department of Ecology requires
Edmonds response: The interim designation for the Urban Mixed Use IV
Marsh
Edmonds to clear up this confusion and determine if a
shoreline environment establishes a 100-foot buffer with the requirement to
buffer/setback
50 ft. vegetation buffer and 150 ft. setback for any
establish a 50-foot vegetative buffer within the setback. See the response to
(email)
new development is and was appropriate
comment Number 1.
measurement for Urban IV area. This is the
setback/buffer measurement public believed to be
Ecology response: As part of their final review of the Edmonds SMP the Dept.
necessary for compliance with the Shoreline
of Ecology will evaluate the Urban Mixed Use IV Environment buffer /setback
Management Act, it is also the measurement used by
for protection of Edmonds Marsh.
many counties and cities in Washington.
23. SMP Page 41
Finis Tupper
This section of the Edmonds SMP defeats the entire
Buffer width averaging is a common practice supported by the Department of
item #4:
purpose of having a buffer requirement for wetlands
Ecology. Department of Ecology's Wetlands & CAO Updates: Guidance for
Restricting wetland
and shorelines. The proposed process is not open and
Small Cities (Publication No. 10-06-002) notes:
intrusion and
transparent to the public. In fact, the authority solely
disturbance.
bestowed upon the Director constitutes an
Buffer Averaging
24.40.020 17.21.
administrative variance without public notice, public
Local governments often wish to allow buffer widths to be varied in certain
Wetland Buffer
hearing and impartial legal decision -making.
circumstances. This may be reasonable if your standard buffers are adequate.
Width Averaging
Edmonds and the environment would be better served
The width of buffers may be averaged if this will improve the protection of
(email)
by requiring any deviation from the buffer
wetland functions, or if it is the only way to allow for reasonable use of a
requirement be heard and ruled on by the City
parcel.
Hearing Examiner with appeal to City Council.
We recommend that a request for buffer averaging include a wetland report.
The report should be prepared by a qualified professional describing the
current functions of the wetland and its buffer and the measures that will be
taken to ensure that there is no loss of wetland function due to the buffer
averaging. The width of the buffer at any given point after averaging should be
no smaller than 75% of the standard buffer.
The City of Edmonds, at the direction of Ecology, incorporated the wetland
Guidance for Small Cities into the SMP and the provisions are consistent with
the guidance from the Department of Ecology.
24. Edmonds
Finis Tupper
The Department of Ecology should require the City of
The Department of Ecology will conduct a thorough review of the
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Marsh
Edmonds Shoreline Master Plan require a 100' buffer
Urban Mixed Use IV buffer/setback for consistency with State SMP
buffer/setback,
and delete the word setback to satisfy the buffer
guidelines.
Urban Mixed Use
requirement of Appendix L and Table L-1 of the
IV (email)
Riparian Restoration Guidelines and adopted by your
department, EPA and NOAA.
25. Edmonds
Barbara Tipton
Friends of the Edmonds Marsh believe Edmonds
The Edmonds SMP recognizes the importance of the Edmonds Marsh as
Marsh (email)
Edmonds WA 98026
Marsh represents a unique opportunity for the
evidenced by three specific policies in the SMP relating to the marsh and three
community to create a wildlife and recreational area
marsh related projected being identified in the Restoration Plan.
that attracts visitors to our city.
26. Edmonds
Barbara Tipton
The Port of Edmonds took issue with the proposed
The Port of Edmonds currently has no applications for constructing new
Marsh buffer
100 foot setback from the shoreline of the Edmonds
buildings at Harbor Square within shoreline jurisdiction. Once the SMP
/setback (email)
Marsh in the proposed in the SMP. The Port
becomes affective, all new development within shoreline jurisdiction will be
Commission firmly supports the current 25 foot
subject to the City's SMP.
setback. They view the setback as "an arbitrary taking
of property rights." Yet I haven't seen any proposed
development drawings or data that would substantiate
the Port's argument that they would suffer financial
doom.
27. Edmonds
Barbara Tipton
All of the hard work will be for naught if the 25-foot
The SMP was developed to be consistent with the SMA. There are many grant
Marsh buffer
Port of Edmonds setback is upheld. State and Federal
opportunities and each program has its own funding requirements. The buffer
/setback (email)
funding will be in jeopardy if we are not in
guidelines in Appendix L from Department of Ecology's Funding Guidelines
compliance with the SMA. The Edmonds Marsh is
for Water Quality Financial Assistance are for three specific grant programs
subject to the jurisdiction of the SMA based on
(Centennial Clean Water Program, Clean Water Act Section 319, and
Washington State Code 173-22-040.
Washington State Water Pollution Control Revolving Fund Program).
28. SMP and
Diane Buckshnis and
We are in total support of the Shoreline Master
Noted.
Urban Mixed Use
Steve Tholl
Program for the City of Edmonds which includes the
IV Interim
Edmonds WA 98020
interim designation of a hundred foot setback/buffer
designation (email)
in the Urban Mixed Use IV category.
29. Port of
Phil Lovell
The Port of Edmonds proposed Harbor Square Master
Noted.
Edmonds proposed
P.E., MASCE
Plan developed, vetted, and published in 2012
Harbor Square
Edmonds, WA 98026
enjoyed universal acceptance and approval by all in
Master Plan
terms of buffers, setbacks, etc. in conjunction with the
(email)
Marsh, knowing full well that plans are in the works
to restore the Marsh starting with the day lighting of
Willow Creek.
30. Edmonds
Phil Lovell
The current 25 foot 'border zone' and 50 ft. 'no -more-
WAC 173-26-201(2)(c) notes the SMP guidelines "are designed to assure, at
m
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Marsh
build' buffer contained within those plans and upheld
minimum, no net loss of ecological functions necessary to sustain shoreline
buffer/setback
within the original Planning Board -approved version
natural resources and to plan for restoration of ecological functions where
(email)
of the City SMP are just fine'marsh-preservation
they have been impaired."
wise', both currently and for the future.
While the City's SMP has been developed to assure no net loss of shoreline
ecological functions, nothing the SMA or the SMP guidelines contained in
WAC 173-26 prohibit the City of Edmonds from exceeding the minimum
standard of no net loss. The Edmonds Marsh is specifically mentioned in three
separate policies in the Edmonds SMP for Shoreline Use Polices (SMP
24.20.050.C.12; high priority for studies); Conservation Element (SMP
24.20.060.C.1; should work to maintain); and Historic, Cultural, Scientific and
Educational Policies (SMP 23.20.070.C.2; should be preserved). Additionally,
three restoration projects related to the Edmonds Marsh (Channel
improvements, culvert replacement and Willow Creek daylighting) are
identified in the Restoration Plan.
Given the importance of Edmonds Marsh in the SMP and current efforts to
secure funding for projects such as the Willow Creek daylighting project, the
City of Edmonds has chosen to adopt interim standards for development
around the marsh the will ensure its protection and preserve opportunities for
restoration and enhanced ecological functions.
31. Edmonds
Phil Lovell
The temporary and/or permanent 100 ft. Edmonds
See response to comment number 45.
Marsh
Marsh buffer/setback passed by the City Council is
buffer/setback
totally unnecessary, unwarranted, and insults the
(email)
Port's expressed desires and intentions to fully
participate in the well-being of the Marsh.
32. Edmonds
A Dexter Chapin
The Port of Edmond Commission argues against the
Noted.
Marsh
Edmonds, WA 98020
SMP buffer zones and setbacks. When the SMP was
buffer/setback
being developed there was a great deal of research,
(email)
thought, and discussion put into it. The result is based
on science and popular will.
33. Port profits vs.
A Dexter Chapin
The Port's position seems to be based on a short-term
The Port of Edmonds currently has no applications for constructing new
marsh impacts
profit motive. They cannot contract with builders to
buildings at Harbor Square within shoreline jurisdiction. Once the SMP
(email)
make a huge profit in six -story condos that once sold
becomes affective, all new development within shoreline jurisdiction will be
will generate little income. Short-term income vs.
subject to the City's SMP.
long-term damage; which will it be?
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34. Edmonds
Marsh
buffer/setback
(Letter and
attachments)
Robert McChesney
Executive Director
Port of Edmonds
Objects to imposition of expanded buffers and
setbacks on Edmonds Marsh and encroachment upon
Port's Harbor Square property.
Noted.
35. Edmonds
Port of Edmonds
Record shows existing 25 ft. buffer meets SMA no
WAC 173-26-201(2)(c) notes the SMP guidelines "are designed to assure, at
Marsh buffer
net loss criteria, no science to support larger buffers.
minimum, no net loss of ecological functions necessary to sustain shoreline
/setback (letter
natural resources and to plan for restoration of ecological functions where
and attachments)
they have been impaired."
While the City's SMP has been developed to assure no net loss of shoreline
ecological functions, nothing the SMA or the SMP guidelines contained in
WAC 173-26 prohibit the City of Edmonds from exceeding the minimum
standard of no net loss. The Edmonds Marsh is specifically mentioned in three
separate policies in the Edmonds SMP for Shoreline Use Polices (SMP
24.20.050.C.12; high priority for studies); Conservation Element (SMP
24.20.060.C.1; should work to maintain); and Historic, Cultural, Scientific and
Educational Policies (SMP 23.20.070.C.2; should be preserved). Additionally,
three restoration projects related to the Edmonds Marsh (Channel
improvements, culvert replacement and Willow Creek daylighting) are
identified in the Restoration Plan.
Given the importance of Edmonds Marsh in the SMP and current efforts to
secure funding for projects such as the Willow Creek daylighting project, the
City of Edmonds has chosen to adopt interim standards for development
around the marsh the will ensure its protection and preserve opportunities for
restoration and enhanced ecological functions.
36. Edmonds
Port of Edmonds
SMP proposed 100-foot marsh buffer/setback would
Establishing the 100-foot setback/buffer requirement as an interim designation
Marsh buffer
diminish the value of the Port's Harbor Square
will ensure restoration opportunities are maintained while a permanent
/setback (letter
property for future redevelopment and lost marsh
designation and regulations are studied. As the SMP notes:
and attachments)
restoration opportunities.
Establishing the Urban Mixed -Use IV designation as an interim designation
will allow the City, in cooperation with property owners, Ecology, scientists,
interested agencies/organizations, and members of the public, to carefully
review effects of establishing a new shoreline jurisdiction for the area around
the marsh on existing and planned development as well as the ecological role
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the Edmonds Marsh plays in the City of Edmonds.
37. Edmonds
Port of Edmonds
SMP proposed 100-foot marsh buffer/setback would
See response to 36.
Marsh buffer
foreclose Edmonds Marsh restoration (buffer
/setback (letter
enhancement, storm water mgt. upgrades) for lack of
and attachments)
Harbor Square redevelopment economic feasibility.
38. Edmonds
Port of Edmonds
SMP record demonstrates flaws in City's justification
The standards for local government development of Shoreline Management
Marsh buffer
for proposed 100-foot marsh buffer/setback and
Programs are detailed in WAC 173-26. The City of Edmonds SMP was
/setback
critical gaps in its determination. The Port believes
developed in accordance with WAC 173-26 as documented in the SMP
justification
the expanded buffers/setbacks as presented in their
submittal checklist submitted to the Department of Ecology.
(Letter and
SMP is arbitrary, capricious and completely
attachments)
unnecessary.
With regard to the use of scientific information WAC 173-26-201(2) notes:
(a) Use of scientific and technical information. To satisfy the requirements
for the use of scientific and technical information in RCW 90.58. 1 00(l), local
governments shall incorporate the following two steps into their master
program development and amendment process.
First, identify and assemble the most current, accurate, and complete scientific
and technical information available that is applicable to the issues of concern.
The context, scope, magnitude, significance, and potential limitations of the
scientific information should be considered. At a minimum, make use of and,
where applicable, incorporate all available scientific information, aerial
photography, inventory data, technical assistance materials, manuals and
services from reliable sources of science... Local governments should consult
the technical assistance materials produced by the department. When relevant
information is available and unless there is more current or specific
information available, those technical assistance materials shall constitute an
element of scientific and technical information as defined in these guidelines
and the use of which is required by the act.
Second, base master program provisions on an analysis incorporating the
most current, accurate, and complete scientific or technical information
available...
The City of Edmonds assembled the most current information in the Shoreline
Inventory and Characterization document and relied on technical assistance
materials provided by the Department of Ecology consistent with WAC 173-
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26-201. The use of Appendix L from Department of Ecology's Funding
Guidelines for Water Quality Financial Assistance constitutes the use of other
available information in determining appropriate setbacks and buffers within
the City's SMP.
39. Edmonds
Port of Edmonds
The Port requests that DOE consider all the facts
The Department of Ecology will conduct a thorough review of the
Marsh
and issues as required by law, and that DOE overrule
Urban Mixed Use IV buffer/setback for consistency with State SMP
buffer/setback
the City in this particular instance to maintain the
guidelines.
Justification
existing marsh buffer and/or setback to a total of 25
(Letter and
feet.
attachments)
40. Edmonds
Port of Edmonds
The SMP proposes a 50-foot buffer and overlapping
A careful review of the city's SMP reveals that the buffer and setback serve
Marsh
(K & L Gates)
100-foot setback, without the City substantiating this
different purposes. WAC 173-26-201(2)(a) does not require that only
buffer/setback
buffer/setback area with any valid applicable
scientifically purposes be served by the SMP. While there is some underlying
Justification
scientific information required by the WA State
scientific justification behind the 100-foot setback, its primary purpose is to
(Letter and
Shoreline Management Act, 90.58 RCW (SMA) and
put the city in a better position to receive grant funding to restore the marsh.
attachments)
applicable SMA implementing regulations.
The Department of Ecology "has increased the minimum requirements for
riparian buffers to protect and restore salmon fisheries and achieve water
quality standards. These new requirements apply to funding for projects that
address nonpoint pollution problems, including Section 319 grants, Centennial
Clean Water Fund grants or loans, and the Water Pollution Control State
Revolving Fund loans." Department of Ecology Funding Guidelines, Appendix
L. In Western Washington, these funding guidelines require a 100-foot
minimum buffer for Perennial, intermittent and ephemeral waters that are
identified as being accessed or were historically accessed by anadromous or
ESA listed fish species. It was proper for the city to take these funding
guidelines into account as economic and other pertinent data under WAC 173-
26-201(2)(a) and RCW 90.58.100.
41. Edmonds
Port of Edmonds
Because the 100-foot buffer/setback is unlawful and
The Department of Ecology will conduct a thorough review of the
Marsh buffer /
(K & L Gates)
invalid under applicable SMA standards,
Urban Mixed Use IV buffer/setback for consistency with State SMP
setback
The Port requests that Ecology identify a 25-foot
guidelines.
Justification
buffer as necessary to comply with the relevant
(Letter and
provisions of the SMA (with no additional setback).
attachments)
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42. Summary of
Port of Edmonds
The 100-foot buffer/setback is unsupported
RCW 90.58.100(1) states: "In preparing the master programs, and any
SMP violations of
(K & L Gates)
by the most current accurate and complete
amendments thereto, the department and local governments shall to the extent
the SMA and
scientific information available.
feasible:... (e) Utilize all available information regarding hydrology,
applicable
geography, topography, ecology, economics, and other pertinent data...."
Ecology SMA
Regulations
Further elaborating on the statutory requirement, WAC 173-26-201(2)(a)
(Letter and
states: "The requirement to use scientific and technical information in these
attachments)
guidelines does not limit a local jurisdiction's authority to solicit and
incorporate information, experience, and anecdotal evidence provided by
interested parties as part of the master program amendment process. Such
information should be solicited through the public participation process
described in WAC 173-26-201 (3)(b). Where information collected by or
provided to local governments conflicts or is inconsistent, the local
government shall base master program provisions on a reasoned, objective
evaluation of the relative merits of the conflicting data."
Read together, these provisions allow the city to solicit and incorporate not
only scientific and technical information but also economic information and
other pertinent data. The city has some discretion to balance these various
sources of information in crafting its program. So, the latest scientific data is
not the sole factor to be considered by the City.
43. Summary of
Port of Edmonds
The 100-foot buffer/setback is not supported by
See response to Number 42.
SMP Violations of
(K & L Gates)
scientific or biological information and fails to
the SMA and
meet the SMP regulatory requirement that it be
Applicable
based on "most current, accurate, and complete
Ecology SMA
scientific or technical information available."
Regulations
WAC 173-26-20I (2)(a).
(Letter and
attachments)
44. Summary of
Port of Edmonds
The 100-foot figure was derived from a grant
The standards for local government development of Shoreline Management
SMP Violations of
(K & L Gates)
funding guidance document (known as Appendix
Programs are detailed in WAC 173-26. The City of Edmonds SMP was
the SMA and
L) that applies to different types of water bodies
developed in accordance with WAC 173-26 as documented in the SMP
Applicable
and different ecological functions and values,
submittal checklist submitted to the Department of Ecology.
Ecology SMA
inapplicable to the ecological conditions present at
Regulations
Marsh. (See Ex. A.) Appendix L is applicable to
With regard to the use of scientific information WAC 173-26-201(2) notes:
(Letter and
streams, not wetlands, and does not contemplate
(a) Use of scientific and technical information. To satisfy the requirements
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attachments)
the ecological functions and values at issue here.
for the use of scientific and technical information in RCW 90.58. 1 00(l), local
governments shall incorporate the following two steps into their master
program development and amendment process.
First, identify and assemble the most current, accurate, and complete scientific
and technical information available that is applicable to the issues of concern.
The context, scope, magnitude, significance, and potential limitations of the
scientific information should be considered. At a minimum, make use of and,
where applicable, incorporate all available scientific information, aerial
photography, inventory data, technical assistance materials, manuals and
services from reliable sources of science... Local governments should consult
the technical assistance materials produced by the department. When relevant
information is available and unless there is more current or specific
information available, those technical assistance materials shall constitute an
element of scientific and technical information as defined in these guidelines
and the use of which is required by the act.
Second, base master program provisions on an analysis incorporating the
most current, accurate, and complete scientific or technical information
available...
The City of Edmonds assembled the most current information in the Shoreline
Inventory and Characterization document and relied on technical assistance
materials provided by the Department of Ecology consistent with WAC 173-
26-201. The use of Appendix L from Department of Ecology's Funding
Guidelines for Water Quality Financial Assistance constitutes the use of other
available information in determining appropriate setbacks and buffers within
the City's SMP.
45. The SMP
Port of Edmonds
The current SMP hinders redevelopment of Harbor
WAC 173-26-186(8)(c) states: "For counties and cities containing any
prevents improve-
(K & L Gates)
Square (see Ex. B), and therefore inhibits and
shorelines with impaired ecological functions, master programs shall include
ments to the
interferes with the "unique opportunity," (Stockdale
goals and policies that provide for restoration of such impaired ecological
Ecology of the
DOE letter to Mayor Earling 3/11/2014)
functions.... These master program elements regarding restoration should
Marsh (Letter and
make real and meaningful use of established or funded nonregulatory policies
attachments)
and programs that contribute to restoration of ecological functions, and should
appropriately consider the direct or indirect effects of other regulatory or
nonregulatory programs under other local, state, and federal laws, as well as
any restoration effects that may flow indirectly from shoreline development
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regulations and mitigation standards."
This comment from the Port may be mooted in large part by the Port's recent
improvements to the existing Harbor Square improvements. On April 7, 2015,
Port Commissioner Fred Gauge provided an update to the City Council
regarding Harbor Square, noting the Master Plan has been shelved by the Port
Commission. Commissioner Gauge recounted that in the last year, the Port
spent nearly $1 million for roofs and new HVAC systems in buildings 1, 2 and
5. In 2015 the Port plans to replace the roofs and HVAC on buildings 3 and 4
at a cost of approximately $750,000. Commissioner Gauge suggested that the
Port made these 20-year improvements believing that the current zoning would
not make redevelopment feasible. Harbor Square includes approximately
102,000 square feet of office space and is currently about 83% occupied.
Considering that the Port has mothballed its redevelopment plans, it would
appear that the most effective policies and programs to restore ecological
functions are the ones that involve grant funding, which makes the inclusion of
the 100-foot setback entirely appropriate. The approach to restoration planning
may vary significantly among local jurisdictions, depending on, among other
things, the availability of grants. WAC 173-26-201(f).
46. The SMP
Port of Edmonds
As Ecology acknowledged in its March 2014 Letter
See response to number 45.
prevents improve-
(K & L Gates)
on the SMP, "redevelopment activities in urban
ments to the
environments can be a 'friend of the environment'
Ecology of the
and can generate some of the funding necessary to
Marsh (Letter and
improve the ecological functions of wetlands and the
attachments)
critical areas they border."
47. The SMP
Port of Edmonds
The SMP and the City's process failed to analyze
See response to number 45.
prevents improve-
(K & L Gates)
the negative impact of the 100-foot buffer/setback
ments to the
on redevelopment of Harbor Square, and the
Ecology of the
resulting improvements to the Marsh which
Marsh (letter and
would flow from redevelopment in the form of
attachments)
funded mitigation, as required by WAC 173-26-
186(8)(c). Such redevelopment would include
upgrading the property's storm water runoff
controls, thereby improving the conditions at the
Marsh.
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48. The SMP
Port of Edmonds
The SMP fails to consider indirect restoration
See response to number 45.
prevents improve-
(K & L Gates)
effects that may flow from a 25-foot buffer; WAC
ments to the
173-26-186(8)(c) requires SMPs to consider
Ecology of the
"restoration effects that may flow indirectly from
Marsh (letter and
shoreline development regulations." In addition,
attachments)
imposing buffers on developed property is
inconsistent with the Shoreline Guidelines.
49. The setback is
Port of Edmonds
This additional 50-ft. setback area functions as no
See response to number 40.
a buffer in disguise
(K & L Gates)
more than a "buffer in disguise". The concept of a
(letter and
"setback" arose in the City's deliberations only after
attachments)
it became clear that scientific information did not
support the City's prior proposal.
50. The setback is
Port of Edmonds
The City has not articulated a substantive
See response to number 40.
a buffer in disguise
(K & L Gates)
difference between the functions of the buffer and
(letter and
the setback area in its SMP, and the record shows
attachments)
that the City seeks to comply with only the letter of
Ecology's 50-foot buffer recommendation. This
result violates the SMA requirement that SMPs be
based on the most current, accurate, and complete
scientific or technical information available.
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51. The buffer/
Port of Edmonds
The City has not complied with the SMA's
With an interim official control adopted under RCW 90.58.590, it is
setback is invalid
(K & L Gates)
statutory requirements regarding interim controls.
contemplated that such an interim measure would sunset automatically after
as an interim
SMA interim controls are limited to six-month
six months if not replaced with a permanent regulation or renewed for another
measure under the
intervals (RCW 90.58.590), but the City proposes
six month period. By default, such expiration would ordinarily leave the
SMA (letter and
an interim buffer/setback control for a two-year
preexisting shoreline regulation in place. With the Interim Urban Mixed Use
attachments)
duration. The current SMP is legally defective and
IV environment, there is no preexisting shoreline regulation because the area is
will be void for failure to comply with RCW
new to the shoreline jurisdiction. Note the absence of any language about
90.58.590.
expiration in the regulation. So, the city's use of "interim" in this context
should not be construed as an interim official control under RCW 90.58.590.
Rather, it should be construed as an expression of legislative intent to revisit
this environment within the two-year period and adopt some kind of
amendment, either by removing the "interim" descriptor if no substantive
changes are desired or by adopting a substantive amendment to the regulations
for this environment. By using this language, the city is signaling its intent to
update this environment six -years sooner than the normal eight -year update
cycle. RCW 90.58.590 is not applicable here.
52. Edmonds
Port of Edmonds
An economic analysis of the impacts on Harbor
See response to Number 45.
Marsh
(K & L Gates)
Square redevelopment concludes a 100-foot
buffer/setback
M a r s h buffer/setback would significantly impede if
redevelopment
not preclude redevelopment of the property,
impacts (letter and
preventing mitigation and wetlands improvement
attachments
measures that would be funded by redevelopment.
item II)
53. Interim Urban
Port of Edmonds
The City has styled the 100-foot buffer/setback as
See response to Number 51.
Mixed Use IV
(K & L Gates)
an interim measure applicable for two years.
designation ((letter
However, minutes of Council meetings reveal that a
and attachments
full amendment to the SMP would be required to
Item II)
modify the buffer/setback.
54. Incorporation
Port of Edmonds
The City is required to "base master program
See response to Number 42.
of most current
(K & L Gates)
provisions on an analysis incorporating the most
information (letter
current, accurate, and complete scientific or
and attachments)
technical information available." WAC 173-26-
(Item III)
201(2)(a)
55. Incorporation
Port of Edmonds
RCW 90.58.020 requires local governments to
See response to Number 42.
of most current
(K & L Gates)
comply with RCW 90.88.100, which requires use of
information (letter
all available information regarding hydrology,
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and attachments)
geography, topography, ecology, economics and
(Item III)
other pertinent data. If conflicting data is
encountered, or the public participation process
reveals experience or anecdotal evidence that is
contrary to the scientific information, the City is
required to "base master program provisions on a
Reasoned, objective evaluation of the relative merits
of the conflicting data." WAC 173-26-201
(2)(a)(iii)
56. No net loss of
Port of Edmonds
Master programs "shall include policies and
The standards for local government development of Shoreline Management
ecological
(K & L Gates)
regulations designed to achieve no net loss of ...
Programs are detailed in WAC 173-26. The City of Edmonds SMP was
functions (letter
[shoreline] ecological functions." WAC 173-26-
developed in accordance with WAC 173-26 as documented in the SMP
and attachments)
186(8)(b)
submittal checklist submitted to the Department of Ecology. One of the
(Item III)
guiding factors for the SMP regulations is that the SMP result in no net loss of
ecological functions. The City's Cumulative Impacts Analysis submitted in
support of the SMP documents how the City's SMP meets the no net loss
requirement.
57. Buffer and
Port of Edmonds
The City is not making a meaningful distinction
See response to Number 40.
Setback
(K & L Gates)
between "buffers"and"setbacks"— the only source
distinctions (letter
cited is Appendix L (funding guidance for water
and attachments)
quality grant programs), which does not
(Item IV)
recommend setbacks, only buffers.
58. Appendix L
Port of Edmonds
The Appendix L information relied on by the City
See responses to Number 40 and 44.
(funding guidance
(K & L Gates)
was prepared not for purposes of protecting
for water quality
shoreline -related ecological functions and values
grant programs)
of wetlands, but for streams in another context
(letter and
(i.e., grant funding eligibility). The City has
attachments)
inappropriately applied Appendix L to the SMP.
(Item V)
59. Appendix L
Port of Edmonds
The City has misapplied the Appendix L guidelines
See response to Number 44.
(funding guidance
(K & L Gates)
even to the stream that is mapped within the Marsh.
for water quality
Ecology maps reveal streams that do pass through
grant programs)
certain portions of the southern and eastern areas of
(letter and
the Marsh —Willow and Shellabarger Creeks. But
attachments)
the closest mapped stream passes more than 100'
(Item V)
from Harbor Square.
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60. Proposed 100-
Port of Edmonds
The City has failed to meet its scientific burden
See response to Number 42.
ft. buffer/setback
(K & L Gates)
with respect to the Edmonds Marsh buffer/setback,
not based on the
and the SMP lacks a scientific basis on which to
"most current,
base a 100-foot buffer/setback from the Marsh.
accurate and
complete scientific
... information".
WAC 173-26-201
(2)(a) (letter and
attachments)
(Item V)
61. Imposition of
Port of Edmonds
Imposition of development regulations (i.e., buffers
The standards for local government development of Shoreline Management
development
(K & L Gates)
and setbacks) on developed property is inconsistent
Programs are detailed in WAC 173-26. The City of Edmonds SMP was
regulations (letter
with the Shoreline Guidelines. Master Programs
developed in accordance with WAC 173-26 as documented in the SMP
and attachments)
must include "regulations to achieve no -net -loss of
submittal checklist submitted to the Department of Ecology. One of the
(Item V)
functions". WAC 173-26-186(8)(b)
guiding factors for the SMP regulations is that the SMP result in no net loss of
ecological functions. The City's Cumulative Impacts Analysis submitted in
support of the SMP documents how the City's SMP meets the no net loss
requirement.
62. Restoration
Port of Edmonds
S MP uses regulations to try to achieve restoration in
Because one of the city's main restoration strategies is to qualify for grant
(letter and
(K & L Gates)
a manner inconsistent with the SMP Guiding
funding, the city's SMP must be consistent with the funding guidelines in
attachments)
Principles, which omit shoreline regulations as a
Appendix L. Hence, the 100-foot setback cannot be looked at merely as a
(Item V)
tool for forcing restoration under WAC 173-26-
regulation designed to restore ecological function. It must also be viewed
186(8) (c).
through its indirect effect on the city's ability to obtain grant funding to restore
the marsh.
It should be noted that the 100-foot setback regulation only has direct effect if
and when redevelopment occurs near the marsh. And, as noted above, the
Port's recent actions and statements suggest that redevelopment could be
twenty years away.
63. Buffer
Port of Edmonds
City Council minutes fail to reveal why 50 feet
See response to Number 40.
justification
(K & L Gates)
should be justified as a setback, and not a buffer.
(letter and
attachments)
(Item V)
64. Marsh setback
Port of Edmonds
Ecology should view the entire 100 feet for what it
The Department of Ecology will conduct a thorough review of the
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role (letter and
(K & L Gates)
is, an attempt to establish a buffer by another name.
Urban Mixed Use IV buffer/setback for consistency with State SMP
attachments)
Allowing regulation by relabeling would set a
guidelines.
(Item V)
dangerous precedent and undermine the purpose of
the SMA.
65. Buffer
Port of Edmonds
Landau Associates has concluded that the existing
See responses to comment Numbers 35, 42, and 44.
expansion
(K & L Gates)
buffer width at Harbor Square of 25 feet meets the
justification (letter
"no net loss" criteria. (Ex. A at 4.) The City has
and attachments)
failed to establish any scientific basis to support
(Item V)
expanding the buffer/setback area beyond that limit.
66. SMP precludes
Port of Edmonds
The City was required to "appropriately consider the
See response to Number 52.
beneficial marsh
(K & L Gates)
direct or indirect effects of other regulatory or non -
mitigation and
regulatory programs under other local, state, and
failed to consider
federal laws, as well as any restoration effects that
restorative effects
may flow indirectly from shoreline development
(letter and
regulations and mitigation standards". WAC 173-26-
attachments)
186(8)(c)
(Item VI)
67. SMP precludes
Port of Edmonds
The City should have considered that a 100-foot
See response to Number 52.
beneficial marsh
(K & L Gates)
buffer/setback would impede Harbor Square
mitigation and
redevelopment as an indirect effect of its regulation,
failed to consider
while a 25-foot buffer would allow restoration.
restorative effects
(letter and
attachments)
(Item VI)
68. A two-year
Port of Edmonds
The SMP is required to limit interim controls to
See response to Number 51.
interim designation
(K & L Gates)
six-month durations, and further requires
is prohibited by the
compliance with the procedures and standards set
SMA (letter and
forth in RCW 90.58.590. The City has not complied
attachments)
with this statutory provision, and accordingly, the
(Item VII)
two-year "interim" buffer/setback designation is
invalid as a matter of law.
69. Conclusion
Port of Edmonds
The Port respectfully requests that Ecology
The Department of Ecology will conduct a thorough review of the
(letter and
(K & L Gates)
specify a modification to the SMP requiring a 25-
Urban Mixed Use IV buffer/setback for consistency with State SMP
attachments) (Item
foot buffer, and no additional setback, surrounding
guidelines.
VII)
the Edmonds Marsh.
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70. Edmonds
Port of Edmonds
Based on a review of available information from the
The standards for local government development of Shoreline Management
Marsh buffer/
(Landau Associates)
City and the Ecology chapter 11 SMP Handbook, no
Programs are detailed in WAC 173-26. The City of Edmonds SMP was
setback
scientific or technical information or logical process
developed in accordance with WAC 173-26 as documented in the SMP
inconsistent with
is available that supports the City Council's
submittal checklist submitted to the Department of Ecology.
Ecology SMP
application of a 100-ft setback for the Edmonds
handbook (letter
Marsh.
With regard to the use of scientific information WAC 173-26-201(2) notes:
and attachments)
(a) Use of scientific and technical information. To satisfy the requirements
(Item A)
for the use of scientific and technical information in RCW 90.58. 1 00(l), local
governments shall incorporate the following two steps into their master
program development and amendment process.
First, identify and assemble the most current, accurate, and complete scientific
and technical information available that is applicable to the issues of concern.
The context, scope, magnitude, significance, and potential limitations of the
scientific information should be considered. At a minimum, make use of and,
where applicable, incorporate all available scientific information, aerial
photography, inventory data, technical assistance materials, manuals and
services from reliable sources of science... Local governments should consult
the technical assistance materials produced by the department. When relevant
information is available and unless there is more current or specific
information available, those technical assistance materials shall constitute an
element of scientific and technical information as defined in these guidelines
and the use of which is required by the act.
Second, base master program provisions on an analysis incorporating the
most current, accurate, and complete scientific or technical information
available...
The City of Edmonds assembled the most current information in the Shoreline
Inventory and Characterization document and relied on technical assistance
materials provided by the Department of Ecology consistent with WAC 173-
26-201. The use of Appendix L from Department of Ecology's Funding
Guidelines for Water Quality Financial Assistance constitutes the use of other
available information in determining appropriate setbacks and buffers within
the City's SMP.
71. Edmonds
Port of Edmonds
The recommended 100-ft buffer/setback is
The SMP handbook notes, "Some local governments with intensely developed
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Marsh buffer/
(Landau Associates)
inconsistent with Ecology recommendations within
shorelines have established only setbacks from the OHWM. Vegetation
setback
chapter I I of the SMP Handbook for areas with
conservation is required, and planting new vegetation, replacing noxious
inconsistent with
similar highly developed conditions.
weeds and invasive plants with native plants, and other habitat improvements
Ecology SMP
are required for new or expanded development." This is essentially the
handbook (letter
approach taken in the Urban Mixed Use IV Environment. The Shoreline Bulk
and attachments)
and Dimensional Standards in 24.40.090 (pgs. 54 - 56) in the SMP list the
(Item A)
shore setback for the Urban Mixed Use IV designation as 100150 with a
reference to footnote 18 which states, "Setback for new development within
the Urban Mixed Use IV environment is 100 feet. New development activities
with the Urban Mixed Use IV environment require the establishment of a 50-
foot vegetative buffer adjacent to the Edmonds Marsh where the vegetative
buffer is absent."
Additional vegetation conservation measures are included in 24.40.050
Shoreline Vegetation Conservation as well as 24.40.020 - Critical Areas.
72. The 100-ft
Port of Edmonds
Justification for the proposed setback does not
Edmonds Response: See response to Comment #70.
setback proposed
(Landau Associates)
follow a logical process outlined by Ecology
by the City
guidance (chapter I I SMP Handbook).
Ecology Response: Concur with Edmonds response. In addition the Urban
Council is
Mixed Use IV Environment buffer/setback will be evaluated within Ecology's
inconsistent with
final SMP review, this will include review of the referenced supporting
the requirements of
scientific and technical information outlined in WAC 173-26-201 (2) (a).
WAC 173-26-
201(2)(a) (letter
and attachments)
(Item A)
73. The 100-ft
Port of Edmonds
Appendix L of the Funding Guidelines is
The standards for local government development of Shoreline Management
setback proposed
(Landau Associates)
associated with grant funding for water pollution
Programs are detailed in WAC 173-26. The City of Edmonds SMP was
by the City
control projects and specific to riparian buffers. It is
developed in accordance with WAC 173-26 as documented in the SMP
Council is
not applicable scientific or technical information for
submittal checklist submitted to the Department of Ecology.
inconsistent with
development of the City's SMP as referenced in
the requirements of
Ecology SMP technical assistance documentation.
With regard to the use of scientific information WAC 173-26-201(2) notes:
WAC 173-26-
Furthermore, it is not applicable to the Edmonds
(a) Use of scientific and technical information. To satisfy the requirements
201(2)(a) (letter
Marsh, which is a wetland.
for the use of scientific and technical information in RCW 90.58. 1 00(l), local
and attachments)
governments shall incorporate the following two steps into their master
(Item A)
program development and amendment process.
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First, identify and assemble the most current, accurate, and complete scientific
and technical information available that is applicable to the issues of concern.
The context, scope, magnitude, significance, and potential limitations of the
scientific information should be considered. At a minimum, make use of and,
where applicable, incorporate all available scientific information, aerial
photography, inventory data, technical assistance materials, manuals and
services from reliable sources of science... Local governments should consult
the technical assistance materials produced by the department. When relevant
information is available and unless there is more current or specific
information available, those technical assistance materials shall constitute an
element of scientific and technical information as defined in these guidelines
and the use of which is required by the act.
Second, base master program provisions on an analysis incorporating the
most current, accurate, and complete scientific or technical information
available...
The City of Edmonds assembled the most current information in the Shoreline
Inventory and Characterization document and relied on technical assistance
materials provided by the Department of Ecology consistent with WAC 173-
26-201. The use of Appendix L from Department of Ecology's Funding
Guidelines for Water Quality Financial Assistance constitutes the use of other
available information in determining appropriate setbacks and buffers within
the City's SMP.
74. Current 25-ft.
Port of Edmonds
Based on the P o rt' s knowledge of the physical
WAC 173-26-201(2)(c) notes the SMP guidelines "are designed to assure, at
buffer meets no net
(Landau Associates)
characteristics of the Edmonds Marsh and the
minimum, no net loss of ecological functions necessary to sustain shoreline
loss of ecological
adjacent Harbor Square properties, and review of the
available documentation and testimony from the Port
natural resources and to plan for restoration of ecological functions where
functions (letter
of Edmonds, City staff, and Ecology
they have been impaired."
and attachments)
correspondence, it is our opinion that the existing
(Item A)
25-ft buffer meets the state "no net loss" criteria.
While the City's SMP has been developed to assure no net loss of shoreline
ecological functions, nothing the SMA or the SMP guidelines contained in
WAC 173-26 prohibit the City of Edmonds from exceeding the minimum
standard of no net loss. The Edmonds Marsh is specifically mentioned in three
separate policies in the Edmonds SMP for Shoreline Use Polices (SMP
24.20.050.C.12; high priority for studies); Conservation Element (SMP
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24.20.060.C.1; should work to maintain); and Historic, Cultural, Scientific and
Educational Policies (SMP 23.20.070.C.2; should be preserved). Additionally,
three restoration projects related to the Edmonds Marsh (Channel
improvements, culvert replacement and Willow Creek daylighting) are
identified in the Restoration Plan.
Given the importance of Edmonds Marsh in the SMP and current efforts to
secure funding for projects such as the Willow Creek daylighting project, the
City of Edmonds has chosen to adopt interim standards for development
around the marsh the will ensure its protection and preserve opportunities for
restoration and enhanced ecological functions.
75. Land Value
Port of Edmonds
An additional 75 feet of buffer /setback applied to
"The policy goals for the management of shorelines harbor potential for
and Ground Rent
(Macaulay &
Harbor Square reduces the developable footprint
conflict." WAC 173-26-176. One of these policy goals is to "Protection and
(letter and
Associates)
by 2.2± acres, the reduction in land value to the
restoration of the ecological functions of shoreline natural resources." WAC
attachments)
Port of Edmonds is over $3.1 million. The cost to
173-26-176(3)(c). Another one of these policy goals is to "Recognizing and
(Item B)
the Port in ground rent due to this proposal is
protecting private property rights." WAC 173-26-176(3)(h). There is obvious
approximately $250,000 per year.
tension between these two policy goals because it is not likely that former can
be achieved on a voluntary basis without any regulation. Assuming for the
sake of argument that the port's property interests should be viewed the same
way as private property rights, concern for these rights must be balanced with
the city's desire to restore the ecological functions of the marsh. The city
believes that these regulations achieve that balance.
76. Development
Port of Edmonds
Harbor Square is constrained by rezoning limitations,
See response to Number 75.
Potential (letter
(Macaulay &
building height, parking and high water table, the
and attachments)
Associates)
p r o p o s e d 10 0 f t. buffer/setback adds further
(Item B)
constraints to development flexibility, which
impacts the ability of the Port to attract a
development partner.
77. Development
Port of Edmonds
The prevailing trend in this area has been for
See response to Number 75.
Potential (letter
(Macaulay &
developers to construct as much building as
and attachments)
Associates)
physically possible while staying w i t h i n z o n i n g
(Item B)
code requirements. Structural parking costs are
ten times more expensive than surface parking
which means the 50 outer setback would be used
for parking if Harbor Square is redeveloped.
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78. Effect on Tax
Port of Edmonds
The reduced building area f r o in t h e 10 0 -
See response to Number 75.
Base (letter and
(Macaulay &
f t . buffer / s e t b a c k would cost $930,000 to
attachments)
Associates)
$1,460,000 million in non -recurring revenues to
(Item B)
affected governments and public agencies, and
the estimated cost to the City of Edmonds is
$121,000 to $167,000. For recurring revenues, the
annual costs are $261,000 to $314,000 overall, and
$56,000 to $64,000 to the city.
79. Effect on the
Port of Edmonds
Not including jobs from new construction and
Job creation is not a policy goal of the Shoreline Management Act.
Economy (letter
(Macaulay &
multiplier effects, a new 50,800 SF commercial
and attachments)
Associates)
building would directly add at least 135± jobs to
(Item B)
the local economy. At a state -level multiplier of 1.9,
the total economic impact is 257 jobs to the city.
80. Effect on the
Port of Edmonds
With the existing 25-foot buffer, the property is
See response to Number 75.
Environment
(Macaulay &
more marketable and enhancements like upgraded
(letter and
Associates)
storm water treatment would occur sooner than
attachments)
otherwise.
(Item B)
81. Effect on the
Port of Edmonds
With the proposed 100-ft. buffer/setback,
See response to Number 75.
Environment
(Macaulay &
the time horizon is indefinitely lengthened for
(letter and
Associates)
attracting a developer to improve storm water
attachments)
detention and make other ecological enhancements
(Item B)
as part of redevelopment.
82. Overall impact
Port of Edmonds
The public is less served by buildings that are
See response to Number 75.
of delaying Harbor
(Macaulay &
nearing the ends of their economic lives at a
Square
Associates)
prime gateway location that is poised for new and
redevelopment
improved uses, and these uses would be more
(letter and
aligned with the Edmonds community and better
attachments)
serve its commercial needs.
(Item B)
83. Edmonds
Kojo Fordjour, AICP
A Record of Decision (ROD) for the proposed
The 100-foot setback/buffer in the Edmonds SMP from the Edmonds Marsh is
Marsh Urban
Environmental and
Edmonds Crossing ferry terminal project dated July
consistent with the ROD for the Edmonds Crossing Project as depicted on
Mixed Use IV
Permitting Manager
2005 was issued with a 100 feet buffer zone for the
Figure 2-3 Modified Alternative 2. 100-foot setbacks associated with Willow
buffer/setback
Washington State
Edmonds Marsh. However, the proposed 100 foot
Creek would impact the Edmonds Crossing Project. It should be noted that the
(letter)
Ferries
setback for the marsh in the SMP will limit WSF's
existing critical area regulations (proposed to be incorporated in the SMP) also
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Seattle, WA 98121
ability to implement the mitigation and buffer
require a 100 buffer from the ordinary high water mark of Willow Creek.
enhancements proposed in the ROD.
The SMA and Edmonds SMP allow for a variance from the SMP provisions
which is ultimately decided by the Department of Ecology. The ROD could be
used as support for a variance application.
Transportation facilities such as ferry terminals are permitted consistent with
the requirements outlined in SMP 24.60.080
84. Edmonds
Kojo Fordjour WSF
The City's proposed 100 foot setbacks would
It has been more than 10 years since the FEIS for the Edmonds Crossing was
Marsh Urban
increase the Edmonds Crossing project impacts to
issued. Once development permits are submitted for an actual project,
Mixed Use IV
Edmonds Marsh, and create a need for additional
SEPA/NEPA documents should be reviewed for changed circumstances and
buffer/setback
mitigation or project redesign. Requiring a National
updated as needed.
(letter)
Environmental Policy Act (NEPA) re-evaluation and
possible supplemental Environmental Impact
Statement, in addition to updates to other required
State, Federal and local permits.
85. Edmonds
Kojo Fordjour WSF
Creating a setback of 100 feet around Edmonds
The 100-foot setback/buffer in the Edmonds SMP from the Edmonds Marsh is
Marsh Urban
Marsh and Willow Creek would jeopardize WSF's
consistent with the ROD for the Edmonds Crossing Project as depicted on
Mixed Use IV
ability to develop the new ferry terminal on the
Figure 2-3 Modified Alternative 2. 100-foot setbacks associated with Willow
buffer/setback
Unocal site. This has the potential to preclude the
Creek would impact the Edmonds Crossing Project. It should be noted that the
(letter)
siting of the Edmonds Ferry Terminal, an essential
existing critical area regulations (proposed to be incorporated in the SMP) also
water dependent public facility on the Unocal Site.
require a 100 buffer from the ordinary high water mark of Willow Creek. The
SMA and Edmonds SMP allow for a variance from the SMP provisions which
is ultimately decided by the Department of Ecology. The ROD could be used
as support for a variance application.
Transportation facilities such as ferry terminals are permitted consistent with
the requirements outlined in SMP 24.60.080
86. Edmonds
Kojo Fordjour WSF
WSF therefore asks the City to either grandfather
Washington State vesting laws specifically vest land use control ordinances at
Marsh Urban
the Edmonds Crossing Project or only keep the
the time a complete building permit is filed (RCW 19.27.095). The 100-foot
Mixed Use IV
existing 100 foot- buffer dimension for the Edmonds
buffer/setback associated with the Edmonds Marsh is consistent with the
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buffer/setback
Marsh.
Edmonds Crossing FEIS. As noted in response to Comments Nos. 83 and 85,
(letter)
transportation are permitted consistent with SMP 24.60.080 and there is a
process available to WSDOT to achieve the preferred alternative discussed in
the Edmonds Crossing FEIS.
87. Edmonds
Kojo Fordjour, WSF
WSF recommends that the baseline for the "no -net-
In accordance with the SMA, the baseline for no -net -loss is the Shoreline
Marsh Urban
loss" of ecological functions of the marsh and its
Inventory and Characterization. Also as noted in a number of comments, no
Mixed Use IV
environs at the Unocal site be based on the 2005
net is a minimum standard for SMPs.
buffer/setback
ROD and associated environmental studies,
(letter)
documents, mitigation agreements, plans, and
design.
88. Edmonds
Kojo Fordjour, WSF
WSF believes that the proposed project is
The City concurs. As noted in the comments above, the 100-foot
Marsh Urban
consistent with the regulatory requirements of the
buffer/setback from the Edmonds Marsh is consistent with the 100-foot buffer
Mixed Use IV
Shoreline Master Program, ECDC
from the marsh associated with the Edmonds Crossing project.
buffer/setback
24.40.020.F.2.c, which addresses required
(letter)
measures to minimize impacts to wetlands.
89. Edmonds
Chris Koser
Please do not allow The Port of Edmonds to proceed
The Port of Edmonds currently has no applications for constructing new
Marsh Urban
Edmonds, WA 98020
with their request to permit any new buildings closer
buildings at Harbor Square within shoreline jurisdiction. Once the SMP
Mixed Use IV
to the Edmonds Marsh than the 100 feet that the City
becomes affective, all new development within shoreline jurisdiction will be
buffer/setback
of Edmonds Council approved in the past few years.
subject to the City's SMP.
(email)
90. Edmonds
Sheri and Dave
Urge you to please establish the setbacks/buffers at
The standards for local government development of Shoreline Management
Marsh Urban
Buelow
the Edmonds Marsh at the maximum amount possible
Programs are detailed in WAC 173-26. The City of Edmonds SMP was
Mixed Use IV
Edmonds, WA 98020
for the following reasons:
developed in accordance with WAC 173-26 as documented in the SMP
buffer/setback
-The Marsh is a local and regional treasure.
submittal checklist submitted to the Department of Ecology. One of the
(email)
-The Port proposed 60 ft. buildings next to the Marsh
guiding factors for the SMP regulations is that the SMP result in no net loss of
in order to have setbacks along Dayton Street
ecological functions. The City's Cumulative Impacts Analysis submitted in
-Harbor Square proposal did not provide study of
support of the SMP documents how the City's SMP meets the no net loss
potential of bird strikes nor reflective heat associated
requirement.
with 55' walls of southern exposure reflective glass
on the Marsh and animal inhabitants.
The Port of Edmonds currently has no applications for constructing new
buildings at Harbor Square within shoreline jurisdiction. Once the SMP
becomes affective, all new development within shoreline jurisdiction will be
subject to the City's SMP.
91. Marsh no net
Sheri and Dave
The Port's no -net -loss concerns about the 100 ft.
The City's Cumulative Impacts Analysis submitted in support of the SMP
loss issues (email)
Buelow
buffer/setback are largely unfounded.
documents how the City's SMP meets the no net loss requirement.
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92. Marsh
Sheri and Dave
The Port is not going to suffer real negative financial
Noted.
buffer/setback
Buelow
impact with larger setbacksibuffer, rather it is a
impacts on the Port
reduction from valuations contrived by their own
of Edmonds
calculations which are based on past problems of their
(email)
own making, and wishful valuations based on zoning
changes no one else in the City could get, or likely
would even ask for.
93. Edmonds
Sheri and Dave
The Marsh is being made a pawn in a quest for
Noted.
Marsh (email)
Buelow
enhanced development rights. While the Port's words
portray a love for the Marsh, their actions are the
opposite.
94. Edmonds
Donald E. Mohs
As you review proposals to restore the Edmonds
The standards for local government development of Shoreline Management
Marsh Urban
Edmonds, WA
Marsh, please consider that, at a minimum, a setback
Programs are detailed in WAC 173-26. The City of Edmonds SMP was
Mixed Use IV
of 100 feet is needed. Anything less will cause great
developed in accordance with WAC 173-26 as documented in the SMP
buffer/setback
harm to the marsh. I ask for your support in restoring
submittal checklist submitted to the Department of Ecology. One of the
(email)
this wonderful natural resource.
guiding factors for the SMP regulations is that the SMP result in no net loss of
ecological functions. The City's Cumulative Impacts Analysis submitted in
support of the SMP documents how the City's SMP meets the no net loss
requirement.
95. Edmonds
Tere Ryder
This is an exciting time for our community to have a
Noted.
Marsh Urban
Edmonds WA 98020
chance on moving forward in restoring this beautiful
Mixed Use IV
environment here at our marsh. We have an
buffer/setback
opportunity to put best science and statutory and rule
(email)
requirements first with all that our science shows us
now and we can fully protect this very special and
fragile environment for our children and future
generations.
96. Edmonds
Stephen A. Bernheim
I'm not sure what you can do about the 40 trains that
The City's SMP has an Urban Railroad shoreline environment that provides
Marsh impacts
Edmonds WA 98020
blare their way right through the middle of the marsh
regulations for the railroad right-of-way within the City of Edmonds shoreline
(email)
every day: I hope something.
jurisdiction.
97. Edmonds
Stephen A. Bernheim
Supports the 100 foot setback. Please support the 100
Noted.
Marsh Urban
foot setback from the marsh to ensure the cleansing
Mixed Use IV
marsh remains intact and is no longer encroached
buffer/setback
upon. We have lost acres of wetlands in Edmonds,
(email)
even away from the shoreline, over the past decades.
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98. Edmonds
John Reed
I urge you to approve the City recommended changes
Noted.
Marsh Urban
Edmonds, WA 98020
related to the Marsh 100 ft. buffer/setback and deny
Mixed Use IV
the request by the Port of Edmonds.
buffer/setback
(email)
99. Edmonds
Randy Hayden
Not enforcing a 100' setback from the marsh would
The standards for local government development of Shoreline Management
Marsh Urban
Edmonds WA 98020
be very harmful and a step backwards. The loss of
Programs are detailed in WAC 173-26. The City of Edmonds SMP was
Mixed Use IV
Federal funds to help with the cleanup of the area and
developed in accordance with WAC 173-26 as documented in the SMP
buffer/setback
to bring the creek back to ground level would be put
submittal checklist submitted to the Department of Ecology. One of the
(email)
on the Edmonds taxpayers' shoulders, and this project
guiding factors for the SMP regulations is that the SMP result in no net loss of
would be put on the back burner and most likely
ecological functions. The City's Cumulative Impacts Analysis submitted in
never addressed. Preserve the marsh for future
support of the SMP documents how the City's SMP meets the no net loss
generations.
requirement.
There are many grant opportunities and each program has its own funding
requirements. The buffer guidelines in Appendix L from Department of
Ecology's Funding Guidelines for Water Quality Financial Assistance are for
three specific grant programs (Centennial Clean Water Program, Clean Water
Act Section 319, and Washington State Water Pollution Control Revolving
Fund Program).
100. Edmonds
Natalia Fior
I wish to see the Edmonds Marsh restored and salmon
Edmonds Marsh studies have been identified as high priority in the Edmonds
Marsh Urban
Edmonds, WA
return to spawn which will bring back other wild life
SMP and the marsh is also identified for restoration projects in the Restoration
Mixed Use IV
and help our suffering orca population. Please hold
Plan submitted with the Edmonds SMP.
buffer/setback and
the line and maintain a 100 foot setback from the
restoration (email)
marsh to ensure this vital resource, which cleans our
One of the requirements for the SMP is that it result in no net loss of shoreline
water before entering the Puget Sound, remains intact
ecological functions. The City's Cumulative Impacts Analysis submitted in
and is no longer encroached upon. Please save the
support of the SMP documents how the City's SMP meets the no net loss
marsh. We have already lost too many acres of
requirement.
wetlands in Edmonds over the past decades.
101. Edmonds
Anne- Marie Sykes
I'm hoping that you have the power and legislation to
The Port of Edmonds currently has no applications for constructing new
Marsh Urban
Edmonds WA 98020
stop the Port of Edmonds from violating their original
buildings at Harbor Square within shoreline jurisdiction. Once the SMP
Mixed Use IV
plan of the last few years, not to build closer than 100
becomes affective, all new development within shoreline jurisdiction will be
buffer/setback
feet from the wetlands.
subject to the City's SMP.
(email)
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102. SMP Aquatic
Shoreline
Environment
(email)
Hugo Flores
Aquatic Resources
Division
WA Dept. of Natural
Resources
PO Box 47027
Olympia, WA 98504
The Department of Natural Resources strongly
supports the City of Edmonds inclusion of the
Aquatic Environment (Aquatic I and Aquatic II)
shoreline designation into its SMP. DNR believes that
this action recognizes the existence of state-owned
aquatic lands. This will increase better coordination
managing these areas between DNR and the City of
Edmonds.
Noted.
103. Edmonds
Brian J. Kelley
Objects to the City's proposed 1 00-foot setback
Noted.
Marsh Urban
Chevron USA
from the Edmonds Marsh, combined with an
Mixed Use IV
Business & Real
interior 50-foot vegetative buffer. Also recognizes
buffer/setback
Estate Services
Port of Edmonds and WADOT objections.
(letter)
Brea, CA 92821
104. Proposed
Brian J. Kelley
The City of Edmonds has not satisfied legal
The standards for local government development of Shoreline Management
marsh
Chevron USA
requirements cities must meet when adopting
Programs are detailed in WAC 173-26. The City of Edmonds SMP was
buffer/setback
regulations under the Shoreline Management Act.
developed in accordance with WAC 173-26 as documented in the SMP
inconsistent with
Under these requirements, a city must base
submittal checklist submitted to the Department of Ecology.
WAC 173-26-201
proposed regulations on "the most current, accurate
(2) (email)
and complete scientific or technical information
With regard to the use of scientific information WAC 173-26-201(2) notes:
available". WAC 173-26-201 (2) (a). References
(a) Use of scientific and technical information. To satisfy the requirements
Port of Edmonds applicable comments.
for the use of scientific and technical information in RCW 90.58. 1 00(l), local
governments shall incorporate the following two steps into their master
program development and amendment process.
First, identify and assemble the most current, accurate, and complete scientific
and technical information available that is applicable to the issues of concern.
The context, scope, magnitude, significance, and potential limitations of the
scientific information should be considered. At a minimum, make use of and,
where applicable, incorporate all available scientific information, aerial
photography, inventory data, technical assistance materials, manuals and
services from reliable sources of science... Local governments should consult
the technical assistance materials produced by the department. When relevant
information is available and unless there is more current or specific
information available, those technical assistance materials shall constitute an
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element of scientific and technical information as defined in these guidelines
and the use of which is required by the act.
Second, base master program provisions on an analysis incorporating the
most current, accurate, and complete scientific or technical information
available...
The City of Edmonds assembled the most current information in the Shoreline
Inventory and Characterization document and relied on technical assistance
materials provided by the Department of Ecology consistent with WAC 173-
26-201. The use of Appendix L from Department of Ecology's Funding
Guidelines for Water Quality Financial Assistance constitutes the use of other
available information in determining appropriate setbacks and buffers within
the City's SMP.
105. Edmonds
Brian J. Kelley
The Port has submitted analysis of scientific
Ecology and City response
Marsh Urban
Chevron USA
information that concludes a 25-foot setback is
Mixed Use IV
sufficient to ensure no net loss of shoreline
WAC 173-26-201(2)(c) notes the SMP guidelines "are designed to assure, at
buffer/setback
ecological functions. Ecology has recommended
minimum, no net loss of ecological functions necessary to sustain shoreline
(letter)
(3/11/2014 letter) to the City that it adopt a "50-foot
natural resources and to plan for restoration of ecological functions where
enhanced buffer" in lieu of the 100-foot setback.
they have been impaired."
While the City's SMP has been developed to assure no net loss of shoreline
ecological functions, nothing the SMA or the SMP guidelines contained in
WAC 173-26 prohibit the City of Edmonds from exceeding the minimum
standard of no net loss. The Edmonds Marsh is specifically mentioned in three
separate policies in the Edmonds SMP for Shoreline Use Polices (SMP
24.20.050.C.12; high priority for studies); Conservation Element (SMP
24.20.060.C.1; should work to maintain); and Historic, Cultural, Scientific and
Educational Policies (SMP 23.20.070.C.2; should be preserved). Additionally,
three restoration projects related to the Edmonds Marsh (Channel
improvements, culvert replacement and Willow Creek daylighting) are
identified in the Restoration Plan.
Given the importance of Edmonds Marsh in the SMP and current efforts to
secure funding for projects such as the Willow Creek daylighting project, the
City of Edmonds has chosen to adopt interim standards for development
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around the marsh the will ensure its protection and preserve opportunities for
restoration and enhanced ecological functions.
106. Edmonds
Brian J. Kelley
Chevron is asking the Department of Ecology to
Ecology Response: The Urban Mixed Use IV Environment buffer/setback will
Marsh Urban
Chevron USA
condition approval of the Edmonds Shoreline
be evaluated within Ecology's final SMP review, this will include review of
Mixed Use IV
Master Program on reduction of the setback
the supporting scientific and technical information outlined in WAC 173-26-
buffer/setback
requirement to 25 feet, with the ability for
201 (2) (a).
(email)
enhanced buffer requirements up to 50 feet in width
if found to be required to avoid net loss of shoreline
ecological functions in the context of review of
specific redevelopment plans. Believes this
approach is consistent with current scientific and
technical information.
107. Edmonds
Doug Swartz
A 100-foot setback/buffer combination is the
One of the requirements for the SMP is that it result in no net loss of shoreline
Marsh Urban
Kathleen Rapp
minimum acceptable for the Edmonds marsh. The
ecological functions. The City's Cumulative Impacts Analysis submitted in
Mixed Use IV
Edmonds WA 98020
Edmonds Port Commission wanting a 25-foot setback
support of the SMP documents how the City's SMP meets the no net loss
buffer/setback
and spending our money to lobby for it is an example
requirement.
(email)
of a government agency using taxpayer funds to
promote an idea that the citizens of Edmonds strongly
don't want (i.e., the 25-foot setback so they can do
development right next to the marsh).
108. Edmonds
Evie Jenner
Please do not permit the Port of Edmonds to move
The Port of Edmonds currently has no applications for constructing new
Marsh Urban
Edmonds, WA 98026
forward with their request to permit any new
buildings at Harbor Square within shoreline jurisdiction. Once the SMP
Mixed Use IV
buildings closer to the Edmonds Marsh than the 100
becomes affective, all new development within shoreline jurisdiction will be
buffer/setback
feet allowance that the City of Edmonds Council
subject to the City's SMP.
(email)
approved over the last few years. Allowing any
changes to this setback will severely impact the
wildlife of this extremely sensitive area.
109. Edmonds
Gary Bloom
Strongly backs a minimum of 100 feet of a setback
Noted.
Marsh Urban
Edmonds WA
/buffer zone for the Edmonds marsh. As I understand
Mixed Use IV
it, it is the minimum in order to receive State funding
The SMP was developed to be consistent with the SMA. There are many grant
buffer/setback
to restore the marsh. The Port Commission's desire to
opportunities and each program has its own funding requirements. The buffer
(email)
minimize this setback is not in the interests of current
guidelines in Appendix L from Department of Ecology's Funding Guidelines
and future Edmonds residents.
for Water Quality Financial Assistance are for three specific grant programs
(Centennial Clean Water Program, Clean Water Act Section 319, and
Washington State Water Pollution Control Revolving Fund Program).
110. Edmonds
Gayle Ketzel
I would like to see the Edmonds Shoreline Master
The standards for local government development of Shoreline Management
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Marsh Urban
Edmonds, WA 98020
Plan updated to incorporate best science, statutory
Programs are detailed in WAC 173-26. The City of Edmonds SMP was
Mixed Use IV
and rule requirements for a full setback and buffer
developed in accordance with WAC 173-26 as documented in the SMP
buffer/setback
along the perimeter of the marsh. Supports protection
submittal checklist submitted to the Department of Ecology.
(email)
of the Edmonds Marsh.
With regard to the use of scientific information WAC 173-26-201(2) notes:
(a) Use of scientific and technical information. To satisfy the requirements
for the use of scientific and technical information in RCW 90.58. 1 00(l), local
governments shall incorporate the following two steps into their master
program development and amendment process.
First, identify and assemble the most current, accurate, and complete scientific
and technical information available that is applicable to the issues of concern.
The context, scope, magnitude, significance, and potential limitations of the
scientific information should be considered. At a minimum, make use of and,
where applicable, incorporate all available scientific information, aerial
photography, inventory data, technical assistance materials, manuals and
services from reliable sources of science... Local governments should consult
the technical assistance materials produced by the department. When relevant
information is available and unless there is more current or specific
information available, those technical assistance materials shall constitute an
element of scientific and technical information as defined in these guidelines
and the use of which is required by the act.
Second, base master program provisions on an analysis incorporating the
most current, accurate, and complete scientific or technical information
available...
The City of Edmonds assembled the most current information in the Shoreline
Inventory and Characterization document and relied on technical assistance
materials provided by the Department of Ecology consistent with WAC 173-
26-201. The use of Appendix L from Department of Ecology's Funding
Guidelines for Water Quality Financial Assistance constitutes the use of other
available information in determining appropriate setbacks and buffers within
the City's SMP.
111. Edmonds
George Murray
Edmonds needs the 100-foot setback for the long term
The standards for local government development of Shoreline Management
Marsh Urban
Edmonds WA
eco-friendly future of Edmonds itself.
Programs are detailed in WAC 173-26. The City of Edmonds SMP was
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Mixed Use IV
developed in accordance with WAC 173-26 as documented in the SMP
buffer/setback
submittal checklist submitted to the Department of Ecology. One of the
guiding factors for the SMP regulations is that the SMP result in no net loss of
ecological functions. The City's Cumulative Impacts Analysis submitted in
support of the SMP documents how the City's SMP meets the no net loss
requirement.
112. Edmonds
Jacqueline Williams
I think it is dreadful that there is a new possibility of
The Port of Edmonds currently has no applications for constructing new
Marsh Urban
Edmonds, WA 98020
buildings within 100 feet of our Edmonds Marsh. We
buildings at Harbor Square within shoreline jurisdiction. Once the SMP
Mixed Use IV
the electorate have said NO on this already. Please do
becomes affective, all new development within shoreline jurisdiction will be
buffer/setback
not allow this to happen to our marshes, and the
subject to the City's SMP.
(email)
wildlife that will be disturbed.
113. Edmonds
Jenny Anttila
Please do not allow The Port of Edmonds to proceed
The Port of Edmonds currently has no applications for constructing new
Marsh Urban
Edmonds, WA 98020
with their request to permit any new buildings closer
buildings at Harbor Square within shoreline jurisdiction. Once the SMP
Mixed Use IV
to the Edmonds Marsh than the 100 feet that the City
becomes affective, all new development within shoreline jurisdiction will be
buffer/setback
of Edmonds Council approved in the past few years.
subject to the City's SMP.
(email)
114. Edmonds
Joan Bloom
Supports the proposed Edmonds Shoreline Master
Noted.
Marsh Urban
Edmonds, WA 98020
Program (SMP), interim 50-foot riparian buffer, and
Mixed Use IV
100-foot setback, measured from the ordinary high
buffer/setback
water mark (OHWM). A total of 100 feet of
(email)
separation from the Marsh, for any development.
115. Edmonds
Joan Bloom
Originally, City Council was considering a total of a
The SMP recommended to the City Council from the Planning Board included
Marsh Urban
150-foot marsh buffer/setback. I believe this was
a 50-foot setback from the marsh. As noted in the response to Comment No.
Mixed Use IV
meant to include a 100-foot riparian buffer, and a 50-
19, various buffer and setback options were considered by the City Council.
buffer/setback
foot development setback from this buffer. It appears
Ultimately, the Council settled on the 100-foot setback/buffer that is contained
(email)
that the proposed 100-ft. marsh buffer/setback was
within the SMP. The primary intent of the setbacks and buffers established in
meant to be a compromise to the Port's position that
the SMP is to ensure no net loss of shoreline ecological functions and values.
the city maintains the current 25-foot setback from
the Marsh.
116. Port of
Joan Bloom
The Port of Edmonds commissioners allocated
Noted.
Edmonds funding
$25,000 of taxpayer money to support retaining the
in support of
existing 25-ft. marsh, without openly informing the
retaining the Marsh
taxpayers of the Port district that they were doing so.
25-ft. existing
I am both an Edmonds resident, and a resident of the
buffer (email)
Port of Edmonds. I find this lack of transparency of
serious concern.
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117. SMP Page 41,
Joan Bloom
Strongly opposes this passage of our SMP which
Buffer width averaging is a common practice supported by the Department of
Wetland Buffer
allows discretionary authority to "the director" and
Ecology. Department of Ecology's Wetlands & CAO Updates: Guidance for
Averaging (20.40
keeps the Council, and thus the public, completely out
Small Cities (Publication No. 10-06-002) notes:
.020 (2) (f).
of the decision making loop. In Edmonds, many
highly disturbing abuses of the environment have
Buffer Averaging
(email)
occurred, even WITH a significant amount of public
Local governments often wish to allow buffer widths to be varied in certain
involvement.
circumstances. This may be reasonable if your standard buffers are adequate.
The width of buffers may be averaged if this will improve the protection of
wetland functions, or if it is the only way to allow for reasonable use of a
parcel.
We recommend that a request for buffer averaging include a wetland report.
The report should be prepared by a qualified professional describing the
current functions of the wetland and its buffer and the measures that will be
taken to ensure that there is no loss of wetland function due to the buffer
averaging. The width of the buffer at any given point after averaging should be
no smaller than 75% of the standard buffer.
The City of Edmonds, at the direction of Ecology, incorporated the wetland
Guidance for Small Cities into the SMP and the provisions are consistent with
the guidance from the Department of Ecology.
118. US Army
Joan Bloom
Disturbing damage that has been done to an isolated
While Ecology does administer the Sec. 401 Water Quality Certification, half
Corps of Engineers
wetland by the developer. The city of Edmonds and
of the federal Clean Water Act authorizations, the review and approval of the
wetland permitting
the Army Corps of Engineers allowed this abuse, of
Sec. 404 authorization are administered by the Corps. There are
authority (email)
one of our few remaining isolated wetlands, to occur.
circumstances, such as the Thuessen wetland, when the Corps can determine
that a project also meets water quality standards and that no further
coordination with Ecology is required. The Corps is administering federal law
and does not have a regulatory role in SMA decisions; the Sec. 404 process is
independent of shoreline permitting review by the local jurisdiction and
Ecology.
119. SMP approval
Joe Scordino
Approve the Edmonds Shoreline Master Program
Noted.
support (email)
Edmonds, WA 98020
Update that the Edmonds City Council unanimously
approved in November 2014. The most important
aspect of the SMP is the 50 ft buffer and 100 ft
setback for the shoreline area of the Edmonds Marsh.
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120. Opposition to
Joe Scordino
The Port of Edmonds stated interest is to redevelop
The Port of Edmonds currently has no applications for constructing new
Port of Edmonds
the Harbor Square area as close to the edge of the
buildings at Harbor Square within shoreline jurisdiction. Once the SMP
25 ft. Edmonds
Marsh as possible, which I believe is in contravention
becomes affective, all new development within shoreline jurisdiction will be
Marsh buffer
to the intent of the Shoreline Management Act
subject to the City's SMP.
proposal (email)
(SMA). It is NOT in the best interest of the State or
the citizens of Edmonds to only have a 25 foot buffer
as suggested by the Port of Edmonds.
121. Edmonds
Joe Scordino
It would be tragic to have the Edmonds Marsh
There currently are no applications for constructing new buildings at Harbor
Marsh restoration
subjected to additional shoreline development while
Square or on the south side of the marsh. Once the SMP becomes affective, all
(email)
the City is in the midst of restoring for salmon habitat
new development within shoreline jurisdiction will be subject to the City's
through such efforts as the Willow Creek day lighting
SMP.
proj ect.
122. Edmonds
Judy Gutton
Please do not allow the Port of Edmonds to proceed
The Port of Edmonds currently has no applications for constructing new
Marsh building
Edmonds WA 98020
with their plan permitting buildings even closer to the
buildings at Harbor Square within shoreline jurisdiction. Once the SMP
setback (email)
Edmonds Marsh than the 100' that the Edmonds City
becomes affective, all new development within shoreline jurisdiction will be
Council has already allowed. The Marsh is precious
subject to the City's SMP.
to the birds' habitat, and to the people and City of
Edmonds.
123. Edmonds
Karen Wiggins
The Edmonds Shoreline Master Plan should set the
The SMP would not require the removal of existing development within the
Marsh building
Edmonds WA 98020
setback from the Edmonds Marsh to 100 ft away from
shoreline setback. Existing development within the shoreline setbacks will be
setback (email)
development, but should not have to remove any
subject to the Nonconforming Development provisions in the Part VII of the
buildings and parking areas that are currently within
SMP (24.70.000 — 24.70.050).
that setback, just do not allow anything else to be
built that would be within that 100 ft. setback.
124. Edmonds
Val Stewart
Supports the proposed Edmonds Shoreline Master
Noted.
Marsh Urban
Edmonds WA
Program including the two-year interim -Urban Mixed
Mixed Use IV
Use IV designation for the Edmonds Marsh which
buffer/setback
includes the provision of a 50-ft buffer and 100-ft
(email)
setback.
125. Edmonds
Val Stewart
If the proposed full setback were treated as a buffer it
The standards for local government development of Shoreline Management
Marsh buffer
would not only trap pollutants and sediments entering
Programs are detailed in WAC 173-26. The City of Edmonds SMP was
/setback (email)
the Marsh but could also accommodate passive
developed in accordance with WAC 173-26 as documented in the SMP
recreation such as a walking path or boardwalk. This
submittal checklist submitted to the Department of Ecology. One of the
would be a great asset that would compliment any
guiding factors for the SMP regulations is that the SMP result in no net loss of
development in Harbor Square. It would increase
ecological functions. The City's Cumulative Impacts Analysis submitted in
public access to the marsh; an important goal of the
support of the SMP documents how the City's SMP meets the no net loss
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Shoreline Management Act. This combined with
requirement.
educational opportunities would enable us to
showcase the Marsh and its overall benefits to the
greater community; a model for the region.
126. Tribal Treaty
Val Stewart
Continued development and lack of enforcement
There currently are no applications for constructing new buildings at Harbor
Rights (email)
protecting habitat is continuing to take away natural
Square or on the south side of the marsh. Once the SMP becomes affective, all
resources that are guaranteed in the treaties with
new development within shoreline jurisdiction will be subject to the City's
Tribes. This "taking" of resources by destroying the
SMP.
habitat that is necessary for the salmon to be
sustainable is essentially a breach of the treaty.
127. Edmonds
Val Stewart
Edmonds Marsh is a category I wetland and is
The standards for local government development of Shoreline Management
Marsh Building
classified by the State as a priority habitat.
Programs are detailed in WAC 173-26. The City of Edmonds SMP was
setback (email)
Promoting intense development too close to an
developed in accordance with WAC 173-26 as documented in the SMP
already compromised estuarine marsh ecosystem is
submittal checklist submitted to the Department of Ecology. One of the
not going to improve conditions enough for
guiding factors for the SMP regulations is that the SMP result in no net loss of
anadromous fish to complete their lifecycle.
ecological functions. The City's Cumulative Impacts Analysis submitted in
support of the SMP documents how the City's SMP meets the no net loss
requirement.
128. Edmonds
Val Stewart
With ready funding available and appropriate policies
The Edmonds Marsh is specifically mentioned in three separate policies in the
Marsh Restoration
and regulations in place, the City should take
Edmonds SMP for Shoreline Use Polices (SMP 24.20.050.C.12; high priority
(email)
seriously this stewardship opportunity to preserve and
for studies); Conservation Element (SMP 24.20.060.C.1; should work to
restore salmon habitat and ecological functions in
maintain); and Historic, Cultural, Scientific and Educational Policies (SMP
Edmonds Marsh.
23.20.070.C.2; should be preserved). Additionally, three restoration projects
related to the Edmonds Marsh (Channel improvements, culvert replacement
and Willow Creek daylighting) are identified in the Restoration Plan.
Given the importance of Edmonds Marsh in the SMP and current efforts to
secure funding for projects such as the Willow Creek daylighting project, the
City of Edmonds has chosen to adopt interim standards for development
around the marsh the will ensure its protection and preserve opportunities for
restoration and enhanced ecological functions.
129. SMP
Val Stewart
Requests Ecology approval of the Edmonds SMP
Noted.
Approval (email)
update with the two-year interim Urban Mixed Use
IV designation which includes a 50-ft buffer and 100-
ft setback. I do not believe we should depend on
redevelopment for appropriate restoration.
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130. Edmonds
Val Stewart
Our City needs to impose strong policies and
See response to Comment No. 128.
Marsh policies and
regulations for development along our sensitive
regulations (email)
estuarine marsh shoreline in order to secure the
As noted in SMP 24.10.000, one of the purposes of the SMP is to:
natural benefits consistent with the general welfare of
our citizens and the environment.
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.
131. Edmonds
Val Stewart
Edmonds City Council voted for an expanded Marsh
WAC 173-26-201(2)(c) notes the SMP guidelines "are designed to assure, at
Marsh buffer
buffer/setback which goes beyond "no net loss" and
minimum, no net loss of ecological functions necessary to sustain shoreline
/setback; going
restores the Marsh to where it will once again be
natural resources and to plan for restoration of ecological functions where
beyond no net loss
viable. My understanding is that jurisdictions can go
they have been impaired."
of ecological
beyond state mandates to address conditions in their
functions (email)
unique environments.
While the City's SMP has been developed to assure no net loss of shoreline
ecological functions, nothing the SMA or the SMP guidelines contained in
WAC 173-26 prohibit the City of Edmonds from exceeding the minimum
standard of no net loss.
132. Edmonds
Rebecca J. Wolfe
Strongly supports the restoration of the Edmonds
Noted.
Marsh Restoration
Edmonds, WA
Marsh with the interim 100-foot buffer and setback.
(email)
133. Edmonds
Rebecca J. Wolfe
The Edmonds salt marsh has a high regional and local
The Edmonds SMP recognizes the importance of the Edmonds Marsh as
Marsh Restoration
significance for wildlife, fisheries, recreational,
evidenced by three specific policies in the SMP relating to the marsh and three
(email)
aesthetic, and educational values that have been
marsh related projected being identified in the Restoration Plan.
seriously compromised along our Washington state
seashore. With a restored Edmonds Marsh, our city
would have a more dynamic waterway system and a
higher quality of life for our residents.
134. SMP approval
Richard 1. Senderoff,
Supports the proposed Edmonds Shoreline Master
Noted.
support (email)
Ph.D.
Program (SMP), interim 50-foot riparian buffer, and
Commissioner-
100-foot setback, measured from the ordinary high
Edmonds Citizens
water mark (OHWM) for the Edmonds Marsh.
Economic
Development
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Commission
Steering Committee -
Community Backyard
Habitat of Edmonds
Edmonds, WA 98026
135. Edmonds
Richard I. Senderoff,
All the Edmonds City Council has done in
Edmonds Response:
Marsh Restoration
Ph.D.
establishing the interim buffer/setback is to secure the
See responses to Comments Nos. 62 and 72.
(email)
possibility of future grants. I presume the 100 foot
setback recommendation is based on the best
Ecology Response: The Urban Mixed Use IV Environment buffer/setback will
available environmental science? Supports day
be evaluated within Ecology's final SMP review, this will include review of
lighting Willow Creek, salmon recovery and
the supporting scientific and technical information outline in WAC 173-26-201
improving marsh ecological functions.. Presumes
(2) (a).
the Department of Ecology is interested in such
goals?
Ecology does support salmon recovery goals and protection and improvement
of the Edmonds Marsh Ecological functions. These factors will be taken into
consideration during the SMP final review.
136. Edmonds
Richard I. Senderoff,
Any support for day lighting Willow Creek and other
There are no current development plans to redevelop the Harbor Square
Marsh Restoration
Ph.D.
Edmonds Marsh restoration activities would be
property.
(email)
considered additional (or unnecessary) costs that
developers would resist. There is no developer that
currently has plans to redevelop Harbor Square under
current zoning.
137. Shoreline
Richard I. Senderoff,
The Port of Edmonds purchased the Harbor Square
Noted.
regulatory risks.
Ph.D.
property with full knowledge of its proximity to the
(email)
Edmonds Marsh Wildlife Preserve. As such, they
assume those responsibilities and regulatory risks.
138. Edmonds
'Dawna Lahti
Supports the 100' setback for the Edmonds Marsh, but
Noted.
Marsh setback
Edmonds, WA
I have read enough and been aware of disaster
preparedness to know that the more marsh we have
preserved, the better off we are in event of the
tsunami we will one day surely have, as well as to
absorb rising sea level (which "hardscape" cannot
do).
139. Shoreline
Todd Zackey
The proposed Edmonds SMP didn't utilize the best
The Shoreline Inventory and Characterization did identify the presence of eel
assessment, use of
Tulalip Tribes
available information when generating their maps for
grass and kelp beds along the Edmonds shoreline noting:
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best available
Tulalip, WA 98271
assessing shoreline sediment and substrate and Kelp
science
and eel grass resources. A Snohomish County Surface
The Puget Sound shoreline in the City does retain large areas of functioning
Water Mgt. intertidal shoreline survey should have
eelgrass and kelp beds in the littoral zone (lower intertidal to shallow subtidal
been incorporated into the SMP analysis for physical
elevations). Eelgrass is distributed in patchy narrow bands along the City
and ecological conditions assessments.
waterfront south of the marina to Point Wells, and north of Shell Creek to
Picnic Point (KC DNR WTD 2003) (Figure 1). Dense patches are present in
some areas, including north and south of the Lynnwood outfall (near
Meadowdale Creek), and north and south ofLaebugten's Wharf.
Proposed projects within the OWHM of the Puget Sound will be required to
conduct eelgrass and kelp habitat surveys thus provide up-to-date site specific
information on eelgrass and kelp habitat and projects are required to avoid or
minimize and mitigate impacts to ecologically functions including critical
resources such as eelgrass and kelp beds.
A sampling of policies addressing eelgrass and kelp beds from the SMP
included SMP Sections 24.50.030.B.4, 24.50.060.D.2.b, 24.60.010.B.4
24.60.010.C.3, and 24.60.010.D.l.b.xi.
140. Edmonds
Todd Zackey
The Edmonds Marsh Urban Mixed Use IV interim
Approval of a final designation for the Urban Mixed Use IV will follow the
Marsh Urban
Tulalip Tribes
designation determination is ambiguous and the
state mandated approval process for amendments to a SMP as provided in the
Mixed Use IV
designation process is not well defined. Will the final
Shoreline Management Act (RCW 90.58) and Ecology's procedural rules
interim designation
designation go though the same approval process as
(WAC 173-26, Part I1) .
the current SMP? The process needs to be clearly
defined.
141. Edmonds
Todd Zackey
Use of the Urban Mixed Use IV interim designation
One of the guiding factors for the SMP regulations is that the SMP result in no
Marsh Urban
Tulalip Tribes
still allows development despite the fact that the final
net loss of ecological functions. The City's Cumulative Impacts Analysis
Mixed Use IV
designation may not allow development. A
submitted in support of the SMP documents how the City's SMP meets the no
interim designation
moratorium on development until the final
net loss requirement.
(email)
designation is determined makes sense to unsure that
Edmonds Marsh restoration is not undermined
The Edmonds Marsh is specifically mentioned in three separate policies in the
Edmonds SMP for Shoreline Use Polices (SMP 24.20.050.C.12; high priority
for studies); Conservation Element (SMP 24.20.060.C.1; should work to
maintain); and Historic, Cultural, Scientific and Educational Policies (SMP
23.20.070.C.2; should be preserved). Additionally, three restoration projects
related to the Edmonds Marsh (Channel improvements, culvert replacement
and Willow Creek daylighting) are identified in the Restoration Plan.
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Given the importance of Edmonds Marsh in the SMP and current efforts to
secure funding for projects such as the Willow Creek daylighting project, the
City of Edmonds has chosen to adopt interim standards for development
around the marsh the will ensure its protection and preserve opportunities for
restoration and enhanced ecological functions.
The interim Urban Mixed Use IV designation is consistent with the
requirement of the SMP and preserves restoration opportunities with the
marsh.
142. SMP
Todd Zackey
Edmonds staff should revisit SMP jurisdiction
Lund Creek is not within the City of Edmonds jurisdictional boundaries.
estuarine
Tulalip Tribes
boundaries to determine if all estuarine areas near
jurisdiction (email)
stream mouths have been included. Particular
The SMP has provisions for the discovery of shoreline areas that are not
concerns with Lund Creek.
identified on the shoreline environment maps in Appendix A of the SMP.
Specifically SMP 23.40.020 notes:
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 than 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.
1. 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.
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9.1.a
45
143. Edmonds
Marsh buffer
/setback (email)
Susan Paine
Edmonds, WA
Urges review of the environmental concerns for the
plan with an eye to preserving as much Marsh buffer
as possible, at least 100 feet. The marsh has been
impacted by petroleum, railroad and construction
activities, it needs stronger protections than what are
requested by the Port of Edmonds.
The standards for local government development of Shoreline Management
Programs are detailed in WAC 173-26. The City of Edmonds SMP was
developed in accordance with WAC 173-26 as documented in the SMP
submittal checklist submitted to the Department of Ecology. One of the
guiding factors for the SMP regulations is that the SMP result in no net loss of
ecological functions. The City's Cumulative Impacts Analysis submitted in
support of the SMP documents how the City's SMP meets the no net loss
requirement.
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Appendix L. Riparian Restoration and Planting
The following are requirements when implementing a riparian restoration or riparian planting
project.
Environmental Protection Agency and National Marine Fisheries
Sewice buffer requirements
Ecology has increased the minimum requirements for riparian buffers to protect and restore
salmon fisheries and achieve water quality standards. These new requirements apply to funding
for projects that address nonpoint pollution problems, including Section 319 grants, Centennial
Clean Water Fund grants or loans, and the Water Pollution Control State Revolving Fund loans.
In July 2011, Western Washington Treaty Tribes released the "Treaty Rights at Risk" paper. The
paper stated treaty -reserved rights to harvest salmon and steelhead are being impaired by
ongoing salmon habitat loss. To address concerns outlined in the paper, tribes approached federal
government agencies that fund environmental work to improve salmon habitat and restore
sustainable salmon fisheries to levels that meet treaty rights.
In response to tribal concerns, the U.S. Environmental Protection Agency (EPA) and the
National Oceanographic and Atmospheric Administration (NOAA) notified the Department of
Ecology that it must take additional actions to protect salmon and salmon habitat. The EPA is
requiring Washington State to include conditions on federal pass -through grants to be consistent
with National Marine Fisheries Service (NMFS) buffer guidance to help protect and recover
Washington's salmon runs.
Ecology is attaching the new, special conditions. to grant funds to increase levels of riparian
protection to both protect and restore salmon fisheries and help achieve water quality standards.
Conditions of the funding agreement
All restoration activities must also be consistent with the Stream Habitat Restoration Guidelines,
available at http://wdfw.wa.gov/publications/01374/wdfw01374.pdf and the requirements below.
EPA and NRnFS riparian buffers
The minimum buffer size for surface waters (on each side) will be consistent with Table L-1 and
additional guidance provided below. Table L-1 was developed from information provided by
NMFS. Buffer widths must be measured starting from the ordinary high water mark.
Funding Guidelines
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Table L- 1: Minimum Buffer Requirements for Surface Waters
Minimum Buffer
Minimum Buffer
Category
Functions
Width West of
Width East of
Cascades
Cascades
A. Constructed Ditches, Intermittent
Water quality, shade,
35' minimum
35' minimum
Streams and Ephemeral
source control and
Streams that are not identified
delivery reduction.
as being accessed and were
historically not accessed by
anadromous or Endangered
Species Act (ESA) listed fish
species
B. Perennial waters that are not
Water quality, shade,
50' minimum
50' minimum
identified as being accessed and
source control and
were historically not accessed
delivery reduction.
by anadromous or ESA listed
fish species
C. Perennial, intermittent and
Water quality, large
100' minimum
75' minimum
ephemeral waters that are
wood debris (LWD) for
identified as being accessed or
cover, complexity and
were historically accessed by
shade and microclimate
anadromous or ESA listed fish
cooling, source control
species
and delivery reduction.
D. Intertidal and estuarine streams
Water quality, habitat
35'-75'minimum, or
N/A
and channels that are identified
complexity
more as necessary
as being accessed or were
to meet water
historically accessed by
quality standards
anadromous or ESA listed fish
species
Additional guidance
• To determine which buffer category applies to a water body, EPA and Ecology have
developed a mapping tool available on the FY2015 funding page at
vvww.ecy.wa.gov/programs/wq/ftindin /g_cycles/FY2015/index.htmi.
o If surface water is present on a property but not shown on the map, a 35 foot
minimum buffer width will apply.
o If a water body is identified as "Category B" in the above table, the grant recipient
must contact the regional Washington Department of Fish and Wildlife (WDFW) or
tribal fish biologist to confirm that the water body is not currently or historically used
by anadromous or listed fish. If the fish biologist informs the recipient of fish
presence, then the buffer width must meet "Category C" requirements.
o If a water body is impeded by a man-made structure (e.g. culvert, dam, etc.) which
prevents anadromous or ESA listed fish access, then the buffer width must meet
"Category C" requirements.
■ WDFW Fish Biologist Contact Information:
http://wdfw.wa.gov/conservation/fisheries/fish district bios.pdf
■ WA State Tribes and Tribal Reservations Map (with links):
www.ecy.wa.gov/services/ isg /maps/state/tribal res.pdf
Funding Guidelines
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• The buffer table above establishes minimum requirements for funding eligibility
purposes. Projects that include buffers that are larger than the minimums are preferred,
especially when stated in a TMDL or other watershed improvement plan. To maintain
fully functional riparian ecosystems and provide sufficient habitat to meet the needs of
fish and wildlife, it is recommended that the recipient use Washington Department of
Fish and Wildlife buffer widths table whenever those recommendations are larger.
• As stated in the Stream Habitat Restoration Guidelines, if the 100-year floodplain
exceeds these widths, the riparian buffer width should extend to the outer edge of the
100-year floodplain.
• Recipients are required to plant the buffer established by the fencing setback with native
trees and shrubs to provide a higher level of water quality improvement. Grass filters
strips are not sufficient to satisfy this requirement.
• When buffers are established in forested areas, the buffer width must also be consistent
with Forest Practices Rules.
• Buffers established as part of a Water Quality Program grant may not violate county
Critical Area Ordinances, county Shoreline Rules, or other state and local regulations.
• Ecology may allow a conditional exemption from the minimum buffer width
requirements where the presence of a structure impedes the ability to meet the conditions.
The recipient must submit an adequate justification as to why these cannot be met and an
alternate written plan to Ecology's Project Manager for review and written approval.
Riparian plantings
• The recipient must develop site -specific plans for all riparian buffers prior to
implementation which include plant locations and species. The plan must be based on an
assessment of native plant associations and community types.
• The recipient must only plant species that are riparian in nature and indigenous to the
primary watershed where the buffer is being established.
• The recipient must use, to the greatest extent possible, genetically appropriate plant
materials collected from the primary or secondary watershed where the buffer is to be
established.
• The recipient must utilize, to the greatest extent possible, plant species that are early
successional within the primary watershed. Early successional species are those whose
characteristics are such that they are first to colonize after a disturbance.
Streambank protection
• Streambank protection projects must not stand alone, but be part of a larger riparian
buffer project. The project must include the buffer and planting requirements listed
above.
• Rock should not be used to armor a bank against the erosive forces of a stream or river
unless a bridge, road, or other manmade structure cannot be protected by any other
means. In any situation where rock is to be used, the RECIPIENT must submit the design
to Ecology's Project Manager for an evaluation.
Funding Guidelines
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• Streambank protection designs must be consistent with the Aquatic Habitat Guidelines: a
Integrated Streambank Protection Guidelines document which can be found at
http://wdfw.wa. og_v/publications/00046/.
Relevant definitions
Anadromous fish
Fish that live their adult lives in the ocean but move into freshwater streams to reproduce or
spawn (e.g., salmon); see: www.nmfs.noaa.gov/pr/ lg ossary_htm#anadromous.
Constructed ditch
A regularly maintained man-made trench or furrow dug in the ground for the primary purpose of
conveying or draining surface water, storm water or irrigation water, that may or may not,
contain water at all times of the year.
Ephemeral stream
A stream or portion of a stream which flows briefly in direct response to precipitation in the
immediate vicinity, and whose channel is at all times above the groundwater reservoir.
ESA listed fish species
The Endangered Species Act of 1973 (ESA) was signed on December 28, 1973, and provides for_
the conservation of species that are endangered or threatened throughout all or a significant
portion of their range, and the conservation of the ecosystems on which they depend. The ESA
replaced the Endangered Species Conservation Act of 1969; it has been amended several times.
A "species" is considered: 1) endangered if it is in danger of extinction throughout all or a
significant portion of its range, and 2) threatened if it is likely to become an endangered species
within the foreseeable future. There are approximately 2,100 total species listed under the ESA.
Of these species, approximately 1,480 are found in part or entirely in the U.S. and its waters; the
remainder are foreign species. NOAA's National Marine Fisheries Service (NMFS) and the U.S.
Fish and Wildlife Service (USFWS) share responsibility for implementing the ESA. Generally,
USFWS manages land and freshwater species, while NMFS manages marine and "anadromous"
species. NMFS has jurisdiction over 94 listed species. hltp://www.m-nfs.noaa.gov/pr/laws/esa/
Exclusion fencing
A constructed barrier to livestock, wildlife or people for 1) dividing pasture for rotational
grazing; 2) fencing livestock out of a riparian area; and 3) facilitating the application of
conservation practices that treat the soil, water, air, plant, animal, and human resource concerns.
Floodplain
Any lowland that borders a stream and is inundated periodically by the stream's waters.
Funding Guidelines
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Intermittent stream a
A stream where portions flow continuously only at certain times of the year, for example when it
receives water from a spring, ground -water source or from a surface source, such as melting
snow (i.e. seasonal). At low flow there may be dry segments alternating with flowing segments.
These streams are also defined as no measurable flow during thirty (30) consecutive days in a
normal water year.
Ordinary high water mark (0)HWM
The point on the sides of streams or lakes which is historically or normally at water's edge, as
identified by a visible change in vegetation and/or soil. It is also generally, the lowest point at
which perennial vegetation grows on the streambank. The ordinary high water mark can usually
be identified by physical scarring along the bank or shore, or by other distinctive signs.
Perennial stream
A stream or portion of a stream that flows year-round, is considered a permanent stream, and for
which base flow is maintained by ground -water discharge to the streambed due to the ground-
water elevation adjacent to the stream typically being higher than the elevation of the streambed.
Riparian buffers
Riparian buffers are generally recognized as a "separation zone" between a water body and a
land use activity for the purposes of protecting ecological processes and water quality. The
riparian buffer usually extends from the stream's ordinary high water line to the outer edge of the
floodplain. Riparian buffers provide essential functions for river and stream ecosystems,
including cover and shade, a source of fine or coarse woody material, nutrients, and organic and
inorganic debris that maintain stream ecosystem function. As used here, riparian buffers are
defined as separation zones that are relatively undisturbed by humans and contain native vegetation
consistent with the potential of the site.
Figure L-1 provides a diagram depicting a typical stream showing the active floodplain, the
ordinary high water mark (OHWM), the riparian zone, and the top of the bank.
Typical Stream
%Sank
flvaFloodplain
Top o(0) HWM Top of Bank
Riparian Zone -�-- Riparian Zone '
Figure L- 1: Diagram of a Typical Stream. Figure is a reproduction
of a figure obtained from Fisheries and Oceans Canada at
http://www. pac. dfo-mpo.gc. ca/habitat/Glossary-glossaire-eng. htm.
Funding Guidelines
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STATE Of WASHINGTON
DEPARTMENT OF ECOLOGY
PO Box 47600 a Olympia, WA 98504-7600 0 360-407-6000
711 for Washington Relay Service, Persons with a speech disability can call 877-833-6341
August 19, 2015
Ms. Shane Hope, Director
City of Edmonds Development Services Department
7110210'sSt. SW
Edmonds, WA 98026
Dear Ms. Hope:
We received your request for clarification of Ecology's Funding Guidelines for Water Quality Financial
Assistance (Ecology Pub. No 13-10-041). Our finding guidelines are set up to encourage the implementation of
large riparian buffers, in recognition that wider buffers are needed to protect water quality. At the same time we
recognize that not every project needs the same size buffer to achieve our water duality goals. In an attempt to
balance these two objectives, we have set minimum buffer width requirements for different types of water
bodies. These grant eligibility requirements are intended to ensure that our grant funds go to projects that meet a
minimum level of protection, while recognizing differences on the landscape. We appreciate your city's
consideration of our funding guidelines, and your concerns around making sure projects can be eligible for future
funding.
Our understanding is, the Edmonds City Council is concerned that if the city's Shoreline Master Program does not
include 100 foot buffers on Edmonds Marsh, the city will not be eligible for grants for restoration work in the
marsh. This conclusion was based on an interpretation of Table L-1 in Appendix L, Riparian Restoration and
Planting requirements (page 100).
We understand why the city may have reached this conclusion because Table L-1 describes Minimum Buffer
Requirements for Sw face Waters. It appears the city may have been interpreting Edmonds Marsh as a Category C
waterbody, which has a default minimum buffer width of 100 feet. However, as Ecology's regional wetland staff
have confirmed, the Edmonds Marsh meets the criteria as a Category D estuarine channel, with a minimum buffer
width of 35 feet.
Additionally, please note that even for stream projects raider Category C, Ecology's guidance clarifies that
"Ecology may allow a conditional exemption from the minimum buffer width requirements where the presence of
a structure impedes the ability to meet the conditions (page 101)." The Port's commercial facilities are the kinds
of structures that could allow a project to be granted an exemption from the buffer width eligibility requirements.
We hope this clarification is usefiil to the city as you continue work on updating your shoreline master
program. Please contact me if you have any further questions at ben.rau@ecy.wa.gov or (360)407-6551.
Sincerely,
Ben Rau, Nonpoint program coordinator
Water Quality Program
cc; David Pater, Department of Ecology, Shorelands & Environmental Assistance Program, NW Regional Office.
Packet Pg. 284
9.1.b
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................................................................................................................................33
Part IV General Policies & Regulations............................................................................................................34
24.40.000 Applicability...................................................................................................................................34
City Council DRAFT City of Edmonds SMP Page 1 of 160
Packet Pg. 285
9.1.b
24.40.010
Archaeological and Historic Resources..........................................................................................34
24.40.020
Critical Areas..................................................................................................................................35
24.40.030
Flood Hazard Reduction.................................................................................................................43
24.40.040
Public Access and Views................................................................................................................44
24.40.050
Shoreline Vegetation Conservation.................................................................................................47
24.40.060
Water Quality, Stormwater, and Nonpoint pollution......................................................................49
24.40.070
Shoreline Development Table: User Guide.................................................................................51
24.40.080
Shoreline Development Table: Shoreline Development Permitted by Area Designation �......
51
24.40.090
Shoreline Bulk and Dimensional Standards...............................................................................54
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
City Council DRAFT City of Edmonds SMP Page 2 of 160
Packet Pg. 286
9.1.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...............................................140
24.80.100
Public Hearings.............................................................................................................................140
24.80.110
Notice of Decision, Reconsideration, and Appeals.......................................................................141
24.80.120
Initiation of Development.............................................................................................................142
24.80.130
Revisions.......................................................................................................................................142
24.80.140
Time requirements of Shoreline Permits.......................................................................................144
24.80.150
Administrative Authority and Responsibility...............................................................................145
24.80.160
Compliance...................................................................................................................................146
24.80.170
Enforcement..................................................................................................................................146
PartIX Definitions............................................................................................................................................147
24.90.000
General Information......................................................................................................................147
24.90.010
Definitions: A to B.......................................................................................................................147
24.90.020
Definitions: C to F........................................................................................................................149
24.90.030
Definitions: G to 0.......................................................................................................................152
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...........................................................................................................................................160
24.100.000 Appendix A - Maps of Shoreline Environments and Jurisdictions...............................................160
Part I. Introduction
24.10.000 Purpose and Intent
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
City Council DRAFT City of Edmonds SMP Page 3 of 160
Packet Pg. 287
9.1.b
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
24.10.010 Authority
Authority for enactment and administration of the program is the shoreline Management Act of
1971, chapter 90.58 RCW, as now or hereafter amended
24.10.020 Applicability
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.
24.10.030 Relationship 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.
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
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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.
24.10.040 Liberal 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.
24.10.050 Administrative 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 24.80.070
Minimum Application Requirements
ECDC 24.80.080
Notice of Application
ECDC 24.80.100
Public Hearings
ECDC 24.80.110
Notice of Decision, Reconsiderations, and Appeals
ECDC 24.80.130
Initiation of Development
ECDC 24.80.160
Administrative Authority and Responsibility
ECDC 24.80.170
Compliance
ECDC 24.80.180
Enforcement
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24.10.060 Document 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 24.10.000, 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
I. 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
24.20.000 Introduction
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
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shore environment. The Shoreline Management Act requires cities to adopt goals, or "elements,"
to guide and support major shoreline management issues.
24.20.010 Economic 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.
1. 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.
5. New development or redevelopment should avoid or mitigate additional loss of shoreline
ecological functions.
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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.
24.20.020 Public 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
1. 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
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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
1. 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.
6. No public access shall be acquired through a taking without just compensation.
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24.20.030 Recreational 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 programsl 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.
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.
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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.
24.20.040 Circulation 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
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
between public waterborne transportation and ground transportation in conformance with
the Americans with Disabilities Act.
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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.
24.20.050 Shoreline 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.
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
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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
"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.
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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.
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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:
1. 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.
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24.20.060 Conservation 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
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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.
24.20.070 Historic, 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.
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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.
24.20.080 Flood 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.
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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.
24.20.100 Urban 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,
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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.
24.20.110 Restoration 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
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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.
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Part III. Shoreline Environments
24.30.000 Introduction
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).
24.30.020 Shoreline 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.
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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.
24.30.030 Aquatic 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
1. 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.
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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
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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.
24.30.040 Natural 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;
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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,
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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
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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
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.
24.30.060 Shoreline 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.
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2. Shoreline Residential L• 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
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.
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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.
24.30.070 Urban 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.
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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 being established as an
interim shoreline designation. The Edmonds Marsh being identified as a shoreline of the
state is new to this SMP update and 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) specific review of the effects of establishing a shoreline environment on
existing and proposed uses around the marsh must be studied.
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 SMP
update process was delayed to allow the Port of Edmonds time to submit a long planned
Harbor Square Master Plan for concurrent review by the City of Edmonds. The Port's
proposed Harbor Square Master Plan was ultimately not adopted by the City.
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.
Establishing the Urban Mixed -Use IV designation as an interim designation will allow
the City, in cooperation with property owners, Ecology, scientists, interested
agencies/organizations, and members of the public, to carefully review effects of
establishing a new shoreline jurisdiction for the area around the marsh on existing and
planned development as well as the ecological role the Edmonds Marsh plays in the City
of Edmonds. The City intends to study the issues surrounding the Edmonds Marsh and
related Urban Mixed -Use IV designation for two years from the effective date of this
SMP. At the end of the study period, the City will adopt appropriate shoreline
environment designation(s) for the area surrounding the Edmonds Marsh including
evaluating whether a new designation is needed and whether the entire area should have
the same designation.
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C. Area Designated
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
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 maybe 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.
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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.
24.30.080 Urban 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.
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.
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Part IV General Policies & Regulations
24.40.000 Applicability
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.
24.40.010 Archaeological 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:
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
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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.
24.40.020 Critical 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 November 23, 2004, Ord. 3527), 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
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. The specific provisions of the Critical Area Ordinance listed below may only be
implemented within shoreline jurisdiction through the shoreline variance process;
1. Wetlands:
a. ECDC 23.50.040.F.3. Any shoreline project that proposes going beyond a 25%
buffer reduction through the mechanisms described in ECDC 24.40.020.E.3 would
require a shoreline variance. No variance is required for wetland buffer reductions
consistent with ECDC 24.40.020.E.3.
2. Geologically Hazardous Areas:
a. ECDC 23.80.040.B.I & 2: Allowed activities in geologically hazardous areas
b. ECDC 23.80.070.A. Lb & A.2: Buffer reduction and alterations
3. Fish and Wildlife Habitat Conservation Areas
a. ECDC 23.90.040.D.2: Reduced buffer widths
b. ECDC 23.90.040.D.4: Additions to structures existing within stream buffers
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D. Exceptions. The specific provisions of the Critical Area Ordinance listed below shall not
apply to development within shoreline jurisdiction.
1. General Provisions:
a. Provisions of chapter 23.40 ECDC relating to reasonable economic use of property do
not apply to property with shoreline jurisdiction; specifically ECDC 23.40.000 and
ECDC 23.40.210(2).
b. ECDC 23.40.130.D: Monitoring Program
c. ECDC 23.40.210: Variance
d. ECDC 23.40.220.C.8: Minor Site Investigation Work
e. ECDC 23.40.230: Exemptions
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.4: Wetland Buffer Width Averaging.
d. ECDC 23.50.040.F.8.b: Passive Recreation
e. ECDC 23.50.040.L• Exemptions
f. ECDC 23.50.050.F: Mitigation Ratios
g. ECDC 23.50.050.G: Wetlands Enhancement as Mitigation
E. 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:
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a. Avoiding the impact altogether by not taking a certain action or parts of an action.
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.
F. 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.
Wetlands shall be rated according to the Washington State wetland rating system for
western Washington (Washington State Wetland Rating System for Western Washington
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— Revised, Ecology Publication #04-06-025) or as revised by Ecology. This document
contains the definitions and methods for determining the criteria and parameters defining
the following wetland rating categories:
a. Category L Category I wetlands are: 1) relatively undisturbed estuarine wetlands
larger than 1 acre; 2) wetlands that are identified by scientists of the Washington
Natural Heritage Program/DNR as high quality wetlands; 3) bogs; 4) mature and old -
growth forested wetlands larger than 1 acre; 5) wetlands in coastal lagoons; or 6)
wetlands that perform many functions well (scoring 70 points or more).
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
acres; 3) disturbed coastal lagoons or 4) wetlands with a moderately high level of
functions (scoring between 51-69 points).
Category III. Category III wetlands are: 1) wetlands with a moderate level of
functions (scoring between 30 and 50 points); or 2) interdunal wetlands between 0.1
and 1 acre in size.
d. Category IV. Category IV wetlands have the lowest levels of functions (scoring
fewer than 30 points) and are often heavily disturbed.
2. Development in designated wetlands within shoreline jurisdiction shall be regulated in
accordance with the following:
a. Buffer Requirements. The standard buffer widths in ECDC 24.40.020.F.2.b below
have been establish in accordance with best available science. The buffers 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.
i. The use of the standard buffer widths requires the implementation of the measures
in ECDC 24.40.020.F.2.c, where applicable, to minimize the impacts of the
adjacent land uses.
ii. If an applicant chooses not to apply the mitigation measures in ECDC
24.40.020.F.2.c, than a 33% increase in the width of all buffer is required.
iii. The standard buffer widths 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.
iv. Additional buffer widths are added to the standard buffer widths. For example, a
Category I wetland scoring 32 points for habitat function would require a buffer
of 225 feet (75 + 150).
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b. Wetland Buffer requirements for wetlands within City of Edmonds shoreline
jurisdiction.
Wetland Category
Standard Buffer
Additional
Additional
Additional
Width
buffer width if
buffer width if
buffer width if
wetland scares
wetland scares
wetland scares
21-25 habitat
26-29 habitat
30-36 habitat
points
Points
points
Category L• Based on
75 ft
Add 30 ft
Add 90 ft
Add 150 ft
total score
Category L• Bogs
190 ft
NA
NA
Add 35 ft
Category I: Forested
75 ft
Add 30 ft
Add 90 ft
Add 150 ft
Category I: Estuarine
150 ft
NA
NA
NA
Category II (all)
75 ft
Add 30 ft
Add 90 ft
Add 150 ft
Category III (all)
60 ft
Add 45 ft
Add 105 ft
NA
Category IV (all)
40 ft
NA
NA
NA
c. Required measures to minimize impacts to wetlands. Measures are required, where
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
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
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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
Disruption of corridors or
• Maintain connections to offsite areas that are
connections
undisturbed
• Restore corridors or connections to offsite habitats by
replanting
d. Where wetland or buffer alterations are permitted by the City of Edmonds, the
applicant shall mitigate impacts to achieve no not loss of wetland acreage and
functions. Compensatory mitigation shall be provided according to Wetlands in
Washington State, Volume 2: Guidance for Protecting and Managing Wetlands,
Appendix 8-C, Table 8-C11, Ecology Publication #05-06-008, or as revised by
Ecology.
e. Buffer width Reductions Though Buffer Enhancement. At the discretion of the
Edmonds development services director, 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 with reduction to no less than 25
percent of the standard width; provided, that:
i. The plan provides evidence that wetland functions and values will be increased or
retained through plan implementation to at least the level provided by a standard
buffer or through additional mitigation;
ii. 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;
iii. The plan requires monitoring and maintenance to ensure success in accordance
with ECDC 24.40.020.E.4; and
iv. The plan specifically documents methodology and provides performance
standards for assessing increases in wetland buffer functioning as related to:
1. Water quality protection;
2. Provision of wildlife habitat;
3. Maintenance of wetland hydrology; and
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4. Restricting wetland intrusion and disturbance.
f. Wetland Buffer Width Averaging. The director may allow modification of a standard
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. Only those
portions of a wetland buffer existing with the project area or subject parcel shall be
considered for buffer averaging. Averaging of buffer widths may only be allowed
where a qualified professional wetland scientist demonstrates that:
i. It will not reduce the function and value of wetlands or associated buffers;
ii. The wetland contains variations in sensitivity due to existing physical
characteristics or the character of the buffer varies in slope, soils, or vegetation,
and the wetland would benefit from a wider buffer in places and would not by
adversely impacted by narrower buffer in other places;
iii. The total area contained in the buffer area, or the total buffer area existing on a
subject parcel for wetland extending off -site, after averaging is no less than that
which would be contained within a standard buffer; and
iv. The buffer width at any single location is not reduced to less than 25 percent of
the standard buffer width.
g. Physically Separated and Functionally Isolated Buffers.
i. Areas which are both physically separated and functionally isolated from a
wetland and do not protect the wetland from adverse impacts due to preexisting
public roads, structures, or similar circumstances, shall be excluded from the
buffers otherwise required by this subsection.
ii. A critical area report prepared by a qualified professional is required to determine
whether the buffer is functionally isolated.
h. Passive Recreation. The following passive recreation facilities may be permitted
within a wetland buffer provided the facilities are designed and in accordance with an
approved critical area report:
i. Walkways and trails; provided, that those pathways are limited to minor crossings
having no adverse impact on water quality. They should be generally parallel to
the perimeter of the wetland, located only in the outer twenty-five percent (25%)
of the wetland buffer area, and located to avoid removal of significant trees. They
should be limited to pervious surfaces no more than five (5) feet in width for
pedestrian use only. Raised boardwalks utilizing non -treated piling may be
acceptable;
ii. Wildlife viewing structures; and
iii. Fishing access areas down to the water's edge that shall be no larger than six feet.
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Additions to structures existing within wetlands and/or wetland buffers may be
permitted pursuant to ECDC 23.50.040.H. Additions to structures within wetlands
will also require state and federal approval.
G. 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.
H. 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.
c. The project, including any required mitigation, will result in no net loss of ecological
functions associated with critical saltwater habitat.
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;
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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.
I. Critical Freshwater Habitats.
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
c. 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.
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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.
24.40.040 Public 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.
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. 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;
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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
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 form
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
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
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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.
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
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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.
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.
24.40.050 Shoreline Vegetation Conservation
A. Applicability.
1. Vegetation conservation includes activities to protect and restore vegetation along or near
marine and freshwater shorelines that contribute to the ecological functions of shoreline
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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.
i. Providing habitat for wildlife, including connectivity for travel and migration
corridors.
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.
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9.1.b
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.
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
24.40.060 Water 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.
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.
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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.
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24.40.070 Shoreline 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 11
Conservancy
Natural
A uaculture
X SCUP SCUP X SCUP X X X SCUP SCUP SCUP SCUP
Artwork
SDP SDP SDP SDP SDP SDP SDP SDP X X SDP SDP
Boating Facilities
Launch Ramps
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
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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
SDP
X
X
X
X
X
X
X
Nonwater-
X
SDP+
SDP+
SDP±
SDP
X
X
X
X
X
X
X
oriented
Dredging
SCUP SCUP SCUP X X X X SCUP SCUP SCUP SCUP X
Landfill
SCUP
SDP
SDP
SDP
SDP
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,
and Shared
X
SDP
SDP
X
X
SDP
SDP
SDP
SDP
SDP
SDP
X
Aircraft
X
X
X
X
X
XR
XR
X
X
X
XR
Xx
Recreation
X SDP SDP SDP SDP 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
SDP
X
X
SDP
SDP+
SDP-
SDP
X
Gabions
I X
X
X
X
X
X
X
X
X
X
X
X
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9.1.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
Signs
SDP SDP SDP SDP SDP 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
SDP
X
X
X
SCUP
SCUP
X
X
Parking —
supporting
associated
SDP
SDP
SDP
SDP
SDP
X
X
X
X
X
SCUP+
X
water-
dependentuse
Parking — not
supporting an
associated
SDP
SCUP+
SCUP+
SDP
SDP
X
X
X
X
X
SCUP+
X
water -
dependent use
Other
SCUP
SDP
SDP
SDP
SDP
SDP
SDP
SDP
SDP
SDP
SCUP+
SCUP+
Utilities
SDP SDP SDP SDP SDP 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.
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24.40.090 Shoreline Bulk and Dimensional Standards
The following table establishes shoreline -specific development standards in the different shoreline environment designations. Setbacks represent minimum distances and may be
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 Depend nt 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
0' 2
0' 2
Varies
0'
N/A
N/A
N/A
N/A
N/A
N/A
N/A
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
None
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Coverage
All Other Commercial and Li ht Industrial Develo ment
Shore Setback
N/A
15'
15'
50'
100150 "
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Side Setback
(commercial/
N/A
0'/15' 2, 3
0'/15' 2,3
Varies
0'
N/A
N/A
N/A
N/A
N/A
N/A
N/A
residential) 15
Maximum
16
N/A
30'
30'
25'
35'
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Height
Maximum
N/A
None
None
None
Varies
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Coverage
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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'
15'17
N/A
N/A
35'
N/A
N/A
50'
N/A14
Maximum
N/A
30'
30'
25'
35'
25'
25'
25'
15
15 15'4
25'
25'
Height16
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 Develo went
Shore Setback
N/A
N/A
N/A
50'17
100150
N/A
N/A
35'
N/A
N/A
N/A
N/A
Bluff Setback
N/A
N/A
N/A
N/A
N/A
50'13
N/A
N/A
N/A
N/A
N/A
N/A
Maximum 16
N/A
N/A
N/A
25'
35'
25'
25'
25'
N/A
N/A
N/A
N/A
Height
Minimum Lot
N/A
N/A
N/A
N/A
N/A
Varies11
6,000 sq ft
12,000 sq ft
N/A
N/A
N/A
N/A
Area (Sq. Ft.
Maximum
Density6
N/A
N/A
N/A
N/A
N/A
Varies 12
7.3
3.7
N/A
N/A
N/A
N/A
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 1 60' 60' 60' 50"1 100150 N/A N/A N/A N/A N/A 60' N/A
Structured Parking
Shore Setback
N/A
N/A
N/A
50"1
100150
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Maximum
Heightlb
N/A
N/A
N/A
25'
35'
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Ferry Terminals
Maximum
8
30'
30'
30'
30'
30'
N/A
N/A
N/A
35'
35'
N/A
N/A
Height
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'
5
5'
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
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9.1.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
All Other Develo
ment
Shore Setback
N/A
15'
15'
50' 17
100150
N/A
N/A
35'
N/A
N/A
50'
N/A 14
Maximum
16
25'
30'
30'
25'
35'
25'
25'
25'
25'
35'/15' 10
25'
25'
Height
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
Varies"7.3
3.7
N/A
N/A
N/A
N/A
Density
Maximum
None
None
None
None
Varies19
35%
35%
35%
N/A
N/A
10%
10%
Coverage
1 ' Aquaculture pens shall be no closer to the shoreline than the identified distance.
Z ' 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.
7 ' In the Urban Mixed Use I and II 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. I 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 dwellingunits per acre depending on the underlying zoning. Density means "dwelling units per acre" determined b dividing the total lot area b the density allowed b the underlying zoning; the
P P g Yi g g Y g P Y g Y tY Y Y� g g
number of lots or units permitted shall be rounded down to the nearest whole number.
13 . May be reduced through the shoreline variance process pursuant to ECDC 24.40.020.C.3.
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 b the underlying comprehensive planning document and zoning designation. Height limits eater than 35 feet shall be su orted b view analysis and structures designed to
Sh Y Y� g P P g g g g greater pP Y Y Sn
minimize impacts on public views.
17 ' Fences within the shore setback of the Urban Mixed Use 11-1-IV zone that create separate areas for public and private uses should not be allowed.
18 : Setback for new development within the Urban Mixed -Use IV environment is 100 feet. New development activities within the Urban Mixed -Use IV environment require the establishment of a 50-foot vegetation buffer
adjacent to the Edmonds Marsh where the vegetative buffer is absent.
19 : Varies between 75% and no maximum coverage requirement per site depending on the underlying zoning.
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9.1.b
Part V Specific Modification Policies & Regulations.
24.50.000 Applicability.
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.
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.
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9.1.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.
24.50.020 Shoreline 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;
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9.1.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
1. 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
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9.1.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.
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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
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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.
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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.
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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.
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b. Gabions are prohibited.
3. Urban Mixed Use 11
a. Bulkheads, revetments, and bioengineering approaches are permitted subject to
policies and regulations of this Program.
b. Gabions are prohibited.
4. Urban Mixed Use III
a. Bulkheads, revetments, and bioengineering approaches are permitted subject to
policies and regulations of this Program.
b. Gabions are prohibited.
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
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9.1.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.
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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 may be 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
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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:
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9.1.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.
c. 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
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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
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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
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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
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9.1.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 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.
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.
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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.
24.50.040 Landfill
A. Applicability.
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.
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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.
c. 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:
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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 L• Landfill is permitted subject to the policies and regulations of this
program.
3. Urban Mixed Use I1: Landfill is permitted subject to the policies and regulations of this
program.
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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 I: 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.
24.50.050 Breakwaters, 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 watermark
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.
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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.
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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.
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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.
24.50.060 Dredging 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.
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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.
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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.
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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.
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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
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1. Urban Railroad: Dredging may be permitted as a conditional use subject to policies and
regulations of this Program.
2. Urban Mixed Use L• 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.
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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
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1. Urban Railroad: Restoration activities are permitted subject to policies and regulations of
this Program.
2. Urban Mixed Use I: 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 VI Specific 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
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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.
24.60.010 Aquaculture
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
1. 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.
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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
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
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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).
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iv. Areas where specific substrate modification will take place or structures will be
constructed or installed.
v. Access provisions for barges or track equipment.
vi. Location of storage or processing structures or facilities.
b. A baseline description of existing conditions, including best available information on;
a
i. Water quality. E
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ii. Tidal variations. o
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iii. Prevailing storm wind conditions.
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iv. Current flows. d
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v. Flushing rates. 0
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vi. Littoral drift. N
vii. Areas of differing substrate composition. 00
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.
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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.
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.
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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 1• Aquaculture may be permitted as a conditional use subject to
policies and regulations of this Program.
3. Urban Mixed Use II: 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 I: Aquaculture is prohibited.
7. Shoreline Residential II: 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.
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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:
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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.
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9.1.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.
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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.
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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 II
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
ill. 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.
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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 I. 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.
c. 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:
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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.
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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
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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.
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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:
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9.1.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.
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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.
24.60.050 In -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
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.
24.60.060 Recreational 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 he
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.
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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;
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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.
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7. Shoreline Residential IL• 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.
c. 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.
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24.60.070 Residential 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.
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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.
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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.
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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.
24.60.080 Transportation 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
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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
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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.
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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.
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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.l.b.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.l.b.xiii.I through ECDC 24.60.070.D.l.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.
c. 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.
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4. Urban Mixed Use III:
a. Unless permitted as an essential public facility, the following transportation facilities
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.
5. Urban Mixed Use IV:
a. Unless permitted as an essential public facility, the following transportation facilities
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
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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.
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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 II 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.
24.60.090 Utilities
A. Applicability
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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
Prohibited Pipelines. Except for gas or oil pipelines, city -approved sanitary sewer,
stormwater outfall lines, or other conveyance systems for on -site drainage collection
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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:
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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
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.
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10. Aquatic 11: 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
24.70.000 Purpose
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
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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.
c. 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.
24.70.020 Nonconforming 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.
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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.
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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.
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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:
1. 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 a new buildable lot.
Lot Area Table
% Needed for
Lot Size Needed
Zone
Legal Lot
for legal lot
(1)
RS-20
60%
12,000
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(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.
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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
24.80.000 Purpose
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
1. 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.
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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
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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
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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.
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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. .
24.80.020 Letter 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
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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.
24.80.030 Review 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.
24.80.040 Substantial 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:
1. 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.
24.80.050 Conditional 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.
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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.
24.80.060 Variance 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:
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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.1 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.
24.80.070 Minimum Application Requirements
A complete application for substantial development, conditional use, or variance permit shall
contain as a minimum, the following information:
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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
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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.
24.80.080 Notice 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
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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.
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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:
1. 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
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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.
24.80.110 Notice 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.1.a 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;
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.
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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 proved 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.
24.80.120 Initiation 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
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
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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.
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.
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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.
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.
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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
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
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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 hear closed record appeals of
determinations of the Hearing Examiner and 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.
24.80.160 Compliance
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
considered a violation of this Master Program and a public nuisance subject to enforcement
proceedings.
24.80.170 Enforcement
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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 IX Definitions
24.90.000 General 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.
24.90.010 Definitions: 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.
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.
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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.
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
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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. `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.
24.90.020 Definitions: 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.
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.
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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.
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).
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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
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.
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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.
24.90.030 Definitions: 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,
an 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.
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 11 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.
"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
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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
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.
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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 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
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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.FF)
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.
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
24.90.040 Definitions: 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.
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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.
I. "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.
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.
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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 o 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
from the premises by the purchaser or whose services are traditionally not permitted within
an office use.
24.90.050 Definitions: 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.
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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
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."
24.90.060 Definitions: 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 can not exist in any other location.
Examples of water -dependent uses may include ferry and passenger terminals, marinas and
sewer outfalls.
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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
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.
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Part X Appendices
24.100.000 Appendix A - Maps of Shoreline Environments and Jurisdictions
24.100.010 Appendix B — Shoreline Master Program Version of Edmonds
Critical Area Regulations
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Date:
To:
Cc:
From:
Subject:
Introduction
MEMORANDUM
July 25, 2016
City Council
Mayor Earling, Jeff Taraday, Shane Hope
Kernen Lien, Senior Planner
Shoreline Master Program — Setbacks and Buffers
There have been some questions regarding the setbacks and buffers associated with the Urban
Mixed Use IV shoreline environment, in particular where setbacks and buffers are measured
from and what is the difference between the Council -approved Shoreline Master Program (SMP)
provisions and the Department of Ecology's required changes. This memorandum is intended to
clarify the measurement of setbacks and buffers in the SMP.
Both the City Council's adopted version and the Department of Ecology's version of the
setback/buffer combination for the UMU IV environment require the establishment of a 50-foot
vegetation buffer. The primary difference is what happens beyond the 50-foot vegetated buffer.
The Council's adopted total setback is 100 feet, including the 50-foot vegetated buffer, while
Ecology's proposed total setback is 65 feet, including the 50-foot vegetated buffer. That means a
net difference of 35 feet between the Council approved version and Ecology's required change.
Below is a detailed discussion of the Council adopted version of the UMU IV setback/buffer and
Ecology's required change for the UMU IV setback/buffer.
Shoreline Jurisdiction, Buffers, and Setbacks
There are three terms within Shoreline Master Programs that often get intermingled while they
each have specific meanings: shoreline jurisdiction, setback and buffer.
Shoreline jurisdiction is the area where development and uses must comply with the City's SMP
provisions. The SMP defines "shoreline areas" and "shoreline jurisdiction" as all "shorelines of
the state" and "shorelands" as defined in RCW 90.58.030 (SMP 24.90.050.13, pg. 157). The
definitions in RCW 90.58.030 are rather long, but the first paragraph from the shoreland areas
definition is the most relevant to this discussion and states:
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RCW 90.58.030 (d) "Shorelands" or "shoreland areas" means those lands extending
landward for two hundred feet in all directions as measured on a horizontal plane from the
ordinary high water mark; floodways and contiguous floodplain areas landward two
hundred feet from such floodways; and all wetlands and river deltas associated with the
streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same
to be designated as to location by the department of ecology.
Basically, shoreline jurisdiction includes shorelines of the state (Puget Sound, Edmonds Marsh,
and Lake Ballinger in Edmonds) and the adjacent land extending 200 feet from the ordinary high
water mark.
The definition of buffer in the SMP is provided in 24.90.010.P and states:
24.90.01OY "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. (SMP pgs. 148 — 149)
Ecology's Shoreline Master Program handbook notes that shoreline buffers typically are
naturally vegetated areas adjacent to water bodies that protect the ecological functions of the
shoreline and help to reduce the impacts of land uses on the water body. Shoreline buffers can
help to protect structures from hazards such as erosion, landslides, floods, and storm damage
associated with a water body. Ideally, shoreline buffers are relatively undisturbed, uses are
limited, and there are no substantial structures.
Setbacks in the SMP are defined as "shore setback" in 24.90.050.A which states"
24.90.050.A. "Shore setback" means the minimum distance between a structure or use and
the shoreline ordinary high water mark.
The City's SMP has some shoreline environments that only require a "shore setback" such as the
Urban Mixed Use I and II with a 15-foot shore setback from the seawall, whereas the UMU IV
has both a buffer and a setback requirement. Since, by definition, the buffer is adjacent to the
critical area or shoreline and the setback is measured from ordinary high water mark, so if there
is both a buffer and setback, they will necessarily overlap.
Urban Mixed Use IV — Council Adopted Version of Setback/Buffer
Ecology's Shoreline Master Program Handbook notes, "Some local governments with intensely
developed shorelines have established only setbacks from the OHWM. Vegetation conservation
is required, and planting new vegetation, replacing noxious weeds and invasive plants with
native plants, and other habitat improvements are required for new or expanded development."
This is essentially the approach taken in the Urban Mixed Use IV Environment adopted by the
City Council.
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The Shoreline Bulk and Dimensional Standards in 24.40.090 (SMP pgs. 54 - 56) in the SMP list
the shore setback for the Urban Mixed Use IV designation as 100150 with a reference to footnote
18 which states, "Setback for new development within the Urban Mixed Use IV environment is
100 feet. New development activities with the Urban Mixed Use IV environment require
the establishment of a 50-foot vegetative buffer adjacent to the Edmonds Marsh where the
vegetative buffer is absent." See Figure 1 below.
Urban Mixed Use IV — Department of Ecology Version of Setback/Buffer
In Ecology's June 27, 2016 conditional approval of the City's SMP, Ecology indicated two
required changes to the UMU IV setback/buffer requirements. These changes are noted as Items
7 and 8 in Attachment B of Ecology's conditional approval. The required change in Item 7
would change the 100150 setback/buffer required adopted by the Council in 24.40.090 to a 65/50
(a 65-foot setback from ordinary high water with the requirement to establish a 50-foot
vegetative buffer). Required change in Item 8 is a change to Footnote 18 elaborating on when
the 50-foot vegetative buffer is triggered. The buffer would have to be established with the
"redevelopment of greater than 50% for the Harbor Square property within shoreline jurisdiction
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and development of the site on the south border of the marsh within shoreline jurisdiction"
require the establishment of the 50-foot vegetative buffer. See Figure 2 below for Ecology's
setback/buffer.
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Attachment: Exhibit 4 - Staff Power Point Presentation (1412 : Shoreline Master Program