2023-08-02 City Council Special PacketOp E D
o Agenda
Edmonds City Council
tnl. }nyo SPECIAL MEETING
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1. CALL TO ORDER/FLAG SALUTE
2. LAND ACKNOWLEDGEMENT
3. ROLL CALL
4. APPROVAL OF THE AGENDA
5. AUDIENCE COMMENTS
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6. RECEIVED FOR FILING
Edmonds City Council Agenda
August 2, 2023
Page 1
1. Parks, Recreation & Human Services Department - 2023 Q2 Accomplishments (0 min)
2. Salary Commission Term Assignments (0 min)
3. Written Public Comments (0 min)
7. APPROVAL OF THE CONSENT AGENDA
1. Approval of Special Meeting Minutes July 18, 2023
2. Approval of FIN Committee Special Meeting Minutes July 20, 2023
3. Approval of Special Meeting Minutes July 25, 2023
4. Approval of Regular Meeting Minutes July 25, 2023
5. Approval of claim checks and wire payment.
6. Approval of Marchis Property Settlement Agreement
7. AMD2023-0005 Revised Minor Code Amendment Package #2
8. PUBLIC HEARING
1. Public Hearing on Draft Community Vision Statement for the Comprehensive Plan (45 min)
9. COUNCIL BUSINESS
1. City Attorney Contract 2024 (20 min)
2. Ordinance adopting new shopping cart regulations (30 min)
10. MAYOR'S COMMENTS
11. COUNCIL COMMENTS
ADJOURN
Edmonds City Council Agenda
August 2, 2023
Page 2
6.1
City Council Agenda Item
Meeting Date: 08/2/2023
Parks, Recreation & Human Services Department - 2023 Q2 Accomplishments
Staff Lead: Angie Feser
Department: Parks, Recreation & Human Services
Preparer: Angie Feser
Narrative
Attached is the 2023 second quarter (Q2) accomplishments of the Parks, Recreation & Human Services
(PRHS) Department for the months of April through June.
Staff Recommendation
This agenda item is for informational purposes, there is no need for a formal recommendation or action.
Attachments:
PRHS 2023 Q2 Accomplishments
Packet Pg. 3
6.1.a
Parks, Recreation & Human Services Department
2023 Quarter 2 Accomplishments
April 1 - June 30, 2023
Administration
1. Reached substantial completion on the City's largest ever park capital project. Civic Center Playfield,
decades in the making, opened in grand fashion on June 23rd welcoming community members of all
generations and abilities. Two separate ribbon cuttings included multiple dignitaries, partnership with
community partners such as Sno-King Youth Sports, Edmonds Pentaque Club, Skate like a Girl and more
combined with food trucks, music, pollinator demonstrations, and involvement from nearly every city
department to include Police, South County Fire, Planning, Emergency Management, Human Services,
Recreation and more.
2. Secured a satellite location for Park Maintenance in order to accommodate the new staff, vehicles and
equipment.
3. Finalized special event agreements for the 4th of July, Taste Edmonds, Oktoberfest and the Classic Car
Show. Provided event support for the Market, SpringFest and the Edmonds Arts Festival.
4. Compiled existing departmental fees into a formal fee schedule and submitted to finance for
publication.
5. Completed audit and refresh of Parks, Recreation and Human Service webpages.
6. Updated Athletic Field Use and Reservation Policy, fee structure and application process, presenting to
both the Planning Board and City Council. Policy adopted in June and in effect July 1, 2023.
7. Added concessions agreements with Sugar and Spoon (cookie dough food truck); Kool Kidz (Ice Cream
Truck); Rowlee Shaved Ice (at City Park) for the summer in addition to existing concession agreements
for Yost Pool, outdoor education (Quiet Heart), outdoor preschool (Magnolia Forest Preschool).
8. Still waiting for response from City of Lynnwood regarding our proposal for Meadowdale Playfield
Interlocal Agreement and have begun work with city legal department to move into mediation.
9. Reviewed draft ILA between City of Mountlake Terrace and City of Edmonds for $200,000 for Ballinger
Park improvements providing improved access for Edmonds residents on the park's western edge.
Parks Planning & Projects
1. Assumed lead role in closing out the Civic Center Playfield Capital Project (with Henry Schroeder's
retirement) including the final pay request, change orders, reconciliation, and closeout with the State
departments of Labor and Industries, Dept of Revenue, and the Employment Security. Staff will also
closeout grant funding and reimbursements.
2. Mathay Ballinger Park —developing plans, specifications, and an estimate, as well as starting the
permitting process. The goal is to provide a permanent restroom, connect to Interurban Trail, provide
ADA access path to the playground, add a park shelter and seven parking spaces.
3. Yost Park Playground— four preliminary concepts for playground renovation to inclusive level are
developed. The topography to access the playground is challenging for accessibility and inclusivity,
driving the project cost to exceed the initial budgeted amount.
4. Johnson Property — personal item removal from the house and outbuildings is complete requiring 12
each of 20-yard containers. The next step is the demolition of the house and outbuildings. Permits are
complete, but still requires bidding out the work and managing the project.
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6.1.a
5. Brackett's Landing North Outdoor Shower and Bottle Filler — A new outdoor shower and drinking
fountain/bottle filler were ordered and delivered. The installation bid to install these items produced no
bids.
Park Maintenance
1. Hazel Miller Spray Pad start up completed with opening on Memorial Weekend.
2. Extra maintenance support for city -sponsored event including the Watershed Fun Fair, Urban Craft Fair,
Health and Wellness Fair, Saturday Summer Markets, a 5k Walk Edmonds Cemetery Memorial Day
event, Veterans Memorial Day event, the 3-day Arts Festival, a Pride Event, and the 41" of JUly.
3. Parks shop reorganization, clean up including the surplus of some park equipment.
4. Flower basket installation and corner park flower plantings completed. Sponsored tags installed.
5. Civic Center Playfield Grand Opening preparations and preparation to open to the park and begin
routine maintenance.
6. City-wide playground inspections as well as Civic Park playground audit.
7. Promotion of Rob Freeborn into Parks Lead position.
8. Recruitment, hiring, on -boarding and training of six LTE employees.
9. Interviewed and hired the Parks Mechanic position to back fill promotion.
10. Purchased 72-inch lawn mower, top dresser, flail mower, small equipment, and three park maintenance
vehicles.
Recreation & Athletics
Revenue, Customer Acquisition & Retention:
a. Recreation, Athletic, Concessions and Facility Rental revenue up 14%. Increase supported by
additional Summer Camp and fitness offerings, additional grass volleyball and pickleball teams
and an increase in concessions revenue. Facility rental revenue is relatively flat despite the
library's usage of the Plaza room for a discounted price, due in large part to a significant
increase in shelter rentals (434 this quarter).
b. Social Media Engagement:
i. Facebook: 1791 followers, increase of 307 (21%) followers from Q1 2023.
ii. Instagram: 1191 followers, increase of 194 (20%) followers from Q1 2023.
c. Monthly emails distributed first week of every month. open rate has decreased slightly by 5% to
52% continue to be above industry standards for open rate and click rate.
d. Designed and published the Summer 2023 CRAZE recreation guide, went live on April 3
e. Distributed a postcard mailer advertising the CRAZE Recreation Guide to 20k Edmonds
households.
2. Recreation, Athletics & Events:
a. Conducted the 11th annual Health and Fitness Expo at Edmonds Woodway High School on May
13, 2023; 500+ participants and the event secured $3,000 in sponsorship revenue from
community partners (Verdant, Coordinated Care and Dr. Lee / Dr. Van Mieghem DDS).
b. All gymnastics classes are full with waitlists, no classes have been cancelled and multiple staff
members have been hired.
c. Athletic leagues: 10 Coed Volleyball teams, 21 Pickleball Teams and 52 Softball teams.
d. 3,759 drop -in users for the gym and weightroom
3. Day Camps:
a. Held first Edmonds Spring Break camp. Enrollment was full (15 participants in grades 2-6)
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6.1.a
Awarded a $7,000 grant from the Hazel Miller Foundation to provide scholarships for the
Edmonds Summer Day Camp.
Hired and trained 5 Day Camp Assistant staff members.
d. The Edmonds Day Camp Program began the first of its 10 weeks of programming on June 27. As
of 7/3/23, 299 out of 320 total spots are filled for the summer.
4. Environmental Education & Stewardship:
a. Held the annual Watershed Fun Fair on May 13; 125 attendees and the annual Earth Day Event
on April 22; 120 participants at four sites planted trees and shrubs, removed invasive plants, and
removed litter.
b. Provided two-part marine education program to 92 individual classrooms; 2,300 students
reached. Led 10 elementary school classes in field trips at Yost Park and 250 students reached
and presented at two full -day science days at local elementary schools.
c. Started up the Volunteer Beach Docent program; trained four new volunteers. Re -opened the
Olympic Beach Visitor Station after three-year closure; 250-300 visitors per day on weekends
and started daily summer beach patrols with at least one Ranger on patrol for 4-5 hours each
day.
d. Planned summer pop-up interpretive programs for several parks including City Park, Olympic
Beach Park, and Mathay-Ballinger Park.
e. Edmonds Stewards (via contracted partner organization Sound Salmon Solutions) hosted
ongoing volunteer work parties at three forested parks for a total of 410 and 70 youth volunteer
service hours.
Human Services
Social Work/Service Coordination:
a. Compass Health Community Transitions Care Coordinator's current caseload is 80 individuals (38
carried froward from previous quarter(s) and 42 new referrals in Q2.
# Clients
# engaged &
Needs identified
Closed loop referrals
Individuals served
with open
receiving
from those
(service provided and
needing mental
files
services
receiving services
confirmed participation)
health or substance
use treatment
80
65 (81%)
119
77
20 (31%)
Human Services Program Manager coordinated resources for 59 people primarily needing help
with housing costs (Household Support Grant coordination) and food (Edmonds Food Bank
and/or pre -paid card distribution).
Coordinated with the Department of Commerce to ensure temporary shelter for individuals in
previous motel voucher program that ended in June 2023. Temporary motel stay paid for by
Department of Commerce until permanent housing placement complete.
2. Need based programming:
a. Coordinating with Snohomish County to establish cleaner air and cooling centers in Edmonds.
b. Held a resource fair at the Edmonds Unitarian Universalist Congregation for the guests staying in
their Safe Lot program.
c. Helped coordinate the first Toy Shop/Edmonds Food Bank Books, Bikes, and Berries event for
low-income families in Edmonds.
d. Collaborate with the City Hall Neighborhood Office to provide outreach to individuals along the
HWY 99 corridor to include new 211 South County Resource Coordinator being stationed in the
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6.1.a
office once per month, providing social service support at Edmonds Community Court and
distribution of essential needs care kits for unhoused people.
3. Administrative/Advancement:
a. Submitted grant application to Verdant requesting funding support for Human Services Division
b. Staff member Mindy woods participated with the Washington State delegation at the National
AntiHunger Conference and at a meeting with HUD officials in Washington, DC. In addition, she
was appointed by Governor Inslee to the State Advisory Council on Homelessness; she also
completed the 3-day Community Emergency Response Team (CERT) training through South
County Fire as well as the First Aid/CPR/AED training.
Commissions/Boards
1. Staff supporting Cemetery Board and Park & Planning Board.
2. Youth Commission presented their end of year review and senior recognition to City Council and
volunteered at the Civic Center Playfield Grand Opening.
3. Recruitment of new Youth Commission members underway for the Summer.
4
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6.2
City Council Agenda Item
Meeting Date: 08/2/2023
Salary Commission Term Assignments
Staff Lead: Jessica Neill Hoyson
Department: Human Resources
Preparer: Jessica Neill Neill Hoyson
Background/History
Terms have been assigned to the new members of the Salary Commission per City Code 10.80
Staff Recommendation
Receive for filing
Narrative
See attached document for term assignments
Attachments:
Salary Commission Term Assignments
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6.2.a
Position Number
Name
1
Kathy Ehrlich (3 year term)
2
Gary Holton (2 year term)
3
Angela Zhang (3 year term)
4
Bill Taylor (3 year term)
5
Brook Roberts (1 year term)
Terms Served Term Expiration Date
1 06/2026
1 06/2025
1 06/2026
1 06/2026
1 06/2024
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6.3
City Council Agenda Item
Meeting Date: 08/2/2023
Written Public Comments
Staff Lead: City Council
Department: City Council
Preparer: Beckie Peterson
Background/History
N/A
Staff Recommendation
Acknowledge receipt of written public comments.
Narrative
Public comments submitted to the web form for public comments
<https://www.edmondswa.gov/publiccomment>
between July 20, 2023 and July 26, 2023.
Attachments:
Public Comment August 2, 2023
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6.3.a
Edmonds City Council Public Comments — August 2, 2023
Submitted on 7/25/2023 4:11:51 PM
FirstName Karen
LastName Haase Herrick
Email
CityOfResidence Edmonds, WA
AgendaTopic Hearing on Draft Community Vision Statement
Comments My name is Karen Haase Herrick. I would like to comment on the draft Community
Vision Statement that has been put forward for approval. I have over 50 years of experience in
developing vision statements for associations, churches, non-profit organizations, military units, and
healthcare organizations. The proposed draft statement for Edmonds reads as follows: "Edmonds is a
welcoming city offering outstanding quality of life for all. We value environmental stewardship, vibrant
and diverse neighborhoods, safe and healthy streets, and a thriving arts scene. We are engaged
residents who take pride in shaping our resilient future." On the surface, there is nothing wrong with
this statement. But, it is NOT a Vision Statement. It is, rather, a statement of values. Theoretically, an
organization needs both a Vision Statement and a Statement of Values to guide goals and objectives for
future growth. I suggest using the hidden Vision Statement in the current Comprehensive Plan as the
Vision Statement and then follow with the Statement of Values. Rewritten it would look like this: Vision
Statement The gem of Puget Sound Values in the Vision • Welcoming city to all • Offering an
outstanding quality of life for all • Living environmental stewardship • Growing and maintaining vibrant
and diverse neighborhoods • Providing safe and healthy streets • Building a thriving arts scene. •
Engaging as residents who take pride in shaping our resilient future. Thank you for allowing me to share
my experience and thoughts on a more living "usable" Vision Statement for Edmonds. I would add that,
once adopted by City Council, any meeting of city staff or elected/appointment councils, boards,
committees should keep this vision and values visible to all in attendance so that they continually
provide a frame of reference for decision making grounded in this vision and these values statements.
Again, thank you. Karen S. Haase Herrick LTC, USA, RET RN, MN
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7.1
City Council Agenda Item
Meeting Date: 08/2/2023
Approval of Special Meeting Minutes July 18, 2023
Staff Lead: Council
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
N/A
Recommendation
Approval of Council Special Meeting minutes as part of the Consent Agenda.
Narrative
The Council Special meeting minutes are attached.
Attachments:
20230718 Special Meeting
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7.1.a
EDMONDS CITY COUNCIL
SPECIAL MEETING
DRAFT MINUTES
July 18, 2023
ELECTED OFFICIALS PRESENT
Neil Tibbott, Council President
Vivian Olson, Councilmember
Will Chen, Councilmember
Diane Buckshnis, Councilmember
Susan Paine, Councilmember
Dave Teitzel, Councilmember
Jenna Nand, Councilmember
1. CALL TO ORDER/FLAG SALUTE
STAFF PRESENT
Jessica Neill Hoyson, HR Director
Scott Passey, City Clerk
The Edmonds City Council meeting was called to order at 7 p.m. by Council President Tibbott in Brackett
Room, 121 5t1i Ave N, City Hall, 3' Floor, Edmonds, and virtually. The meeting was opened with the flag
salute.
City Clerk Scott Passey called the roll. All elected officials were present.
2. INTERVIEW FOR CANDIDATES FOR APPOINTMENT TO CITY BOARD/COMMISSION
HR Director Jessica Neill Hoyson introduced each candidate. Councilmembers introduced themselves prior
to each interview. Council President Tibbott informed each candidate that the appointments will be made
via approval of the Board/Commission Candidate Appointment Confirmation on the consent agenda during
the council's regular meeting tonight.
1. BOARD/COMMISSION CANDIDATE INTERVIEW
Councilmembers interviewed Kathy Erhlich for appointment to the salary commission (responses in
italics):
Council President Tibbott invited Ms. Erhlich to describe her interests, skill set and what led her to apply.
I'm always looking at what opportunity are available, this one jumped out to me because in my early days
before kids, I was placing employees in jobs, working on their salaries. As a volunteer for my kids' school,
I was on the education commission and was the budget chair and very involved in setting teachers' salaries
at the private school where teachers were leaving because the school wasn't paying well. I really enjoyed
my full-time job before my kids were born, paying employees fairly and but also considering the budget. I
enjoyed negotiating, working with people and researching pay ranges. After college I came back to
Edmonds for a short time and then moved to LA for 30 years and returned to Edmonds 6Y2 years ago. I am
Edmonds City Council Draft Minutes
July 18, 2023
Page 1
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very pro Edmonds and very happy to be back. Being involved is part of my makeup and I enjoy volunteer
work.
Councilmember Paine commented on Ms. Erhlich's great background and experience. She asked if she has
any preconceived ideas and if she had done any research. The description of the volunteer opportunity was
somewhat broad. I decided not do any research until the group is formed and they decide who will research
what.
Councilmember Buckshnis commented she has been through many salary commissions during the time she
has been on the council, relaying a past salary commissioners said some councilmembers were reluctant to
provide information. She assured she was happy to provide information. She asked if Ms. Erhlich
anticipated any problems obtaining information or if she had experienced any problems with that in the
past. I have not had any problems in the past, I assumed the salary commission was for the betterment of
City. As a bookkeeper in my professional life, I know discretion is a big part of job. Do I need to sign a
confidentiality agreement? Councilmember Buckshnis advised the F1 forms are available online.
Councilmember Nand asked how do you think changes in salary for elected office in Edmonds can help the
city meet its DEI goals in terms of age diversity, social economic diversity, representation from historically
underrepresented backgrounds including race, gender, disability status, and sexual identity related to
LGBTQ+ status. Keeping in mind that these are part-time positions, I assume a lot of people have other
jobs. If it is only part-time and someone has to have another job, that makes it difficult. It is important to
do the research to ensure the wage is fair. Outreach to get people to run for office is important. No matter
what the salary, there will always be people who should run for office but don't because they don't like
politics, campaigning, etc. The most important thing is the group working together to make things fair and
equitable. It is not the salary commission's role to try to get people to run for office. Paying a good wage
may get more people to run.
Councilmember Teitzel commented in terms of getting a more diverse pool of candidates for city council,
salary is one of many factors. What other factors do you think attract people to run for city council? The
council is not just middle age white people anymore; there is some diversity which I think is important. We
have to start somewhere, but I'm not sure who promotes that.
Councilmember Chen commented one of the things that encourages/discourages people to run is the income
factor and the time commitment. What is your opinion about whether council positions should be part-time
versus full-time? If I'm appointed to the salary commission, I absolutely will have opinion once I learn
more about the expectation of time councilmembers devote. What are the hours now? Councilmember Chen
answered a minimum of 20 hours/week. The commission will need to consider whether the pay matches the
hours.
Councilmember Olson said she was glad Ms. Erhlich liked to do research and assured the commission will
get a lot of training. All the members are new as a former council disbanded the salary commission.
Sometimes it's nice to come into a group where some people have been there before and can mentor the
group; it's also nice sometimes to start with afresh slate and the commission learns together.
Council President Tibbott advised appointments will be made via approval of the Board/Commission
Candidate Appointment Confirmation on the consent agenda during the council's regular meeting tonight.
Councilmember Olson suggested the council's questions should be regarding what the salary commission
is tasked with. Ms. Neill Hoyson agreed they should be regarding what the commission is tasked with. The
salary commission is independent of the council; the council will not approve their recommendation.
Whatever the salary commission decides is what goes forward with regard to salaries and benefits.
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July 18, 2023
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7.1.a
Councilmember Nand asked if it was okay to ask policy questions. Ms. Neill Hoyson answered yes.
Councilmember Olson expressed concerned about giving the impression the salary commission would be
doing something systemically different with the compensation which is not within their scope. Ms. Neill
Hoyson advised a consultant will assist the salary commission. The salary commission will be looking at
the compensation of elected officials in comparable cities. Council Executive Assistant Beckie Peterson
has also offered to provide the hours that councilmembers work.
Councilmember Nand said the form councilmembers fill out with their hours does not account for the hours
councilmembers spend every day on email. Ms. Neill Hoyson agreed, but it does provide an idea.
Councilmember Buckshnis commented hours outside of meetings is not a requirement; some
councilmembers never read their packet. Ms. Neill Hoyson answered councilmembers are not employees;
as elected officials, they can put in as much or as little time as they want. She offered to send
councilmembers Compensation Connection's contract which outlines the work they will do with the
commission. They will help train the new salary commission, understand their role and what data is
important. She will also attend meetings, but the consultant will do a lot of the legwork gathering data. The
goal is to ensure the commission is informed and makes good decisions. She understood it was important
to the council to look at equity and accessibility as it relates to participating in government. That may be
something the commission includes in their recommendation.
Councilmember Paine commented there may be inherent barriers in state law. Ms. Neill Hoyson answered
there are none. The prior salary commission was disbanded, the City is required to establish the
compensation of elected officials; there are different ways that can be done.
2. BOARD/COMMISSION CANDIDATE INTERVIEW
Councilmembers interviewed Gary Holton for appointment to the salary commission (responses in italics):
Council President Tibbott invited Mr. Holton to describe his interests, skill set and what led him to apply.
I retired a few years ago. I volunteered at the Center for Wooden Boats on Lake Union; they shut down
during COVID. I volunteered with the historical museum in Shoreline, helping them digitize their records.
Isaw this opening on My Edmonds News andfound it interesting because it coincides with my background.
I was an HR person for 25 years, mostly doing compensation work. We moved to Edmonds two years ago
and I was looking for a volunteer opportunity in Edmonds. I thought this would be a good chance to learn
something and apply what I know.
Councilmember Olson asked if he had an immediate family member who was a city employee, an elected
official or was on a City board or commission. No, I do not.
Councilmember Chen explained the city council is currently part-time. He asked if he had any impression
about the council's workload, part-time versus full-time. I suspect it's a lot more hours than you're getting
paid for. I was a little surprised by the current salary.
Councilmember Teitzel commented Mr. Holton's resume indicates you did salary surveys during your
working career. What industry was that and could you describe the process you used to do the surveys. 1
worked in high tech for a variety of companies. Typically there was access to three different surveys for
most jobs. One time a department was unhappy with losing attorneys and trying to hire attorneys in Denver
and I did a special one-off survey for them. The surveys focused on defining jobs and finding similar jobs
in the market.
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7.1.a
Councilmember Nand asked how do you think changes in salary for elected office in Edmonds can help the
city meet its DEI goals in terms of age diversity, social economic diversity, representation from historically
underrepresented backgrounds not only race and gender, but also disability status, and sexual identity
related to LGBTQ+ status. If you're not paying appropriately for the market, you will struggle to hire
anyone for a job. The better the pay, it opens a bigger range of people interested in applying because they
can afford to spend the time to do the work. I can afford to volunteer, but not everyone can. Equitable pay
will hopefully result in a reasonable range of applicants.
Councilmember Buckshnis commented his resume was wonderful. She has been through several salary
commissions while on the council. It is a lot of work and he will be perfect for the position.
Councilmember Paine agreed he had exactly the right background. She asked what research he had done,
if any. When I met with the mayor, I asked if there would be people on the commission that had been through
the process before and was told everyone would be new. Will there be a liaison with the council.
Councilmember Paine advised the commission will be work with a consultant. The salary commission's
product is independent of the council; all the council gets to do is select the members. Ms. Neill Hoyson
advised the salary commission's recommendation goes to council with no opportunity to make changes.
She and the compensation consultant will assist the commission with gathering data and making informed
decisions. There will be an orientation, training, etc. early in the process.
Council President Tibbott advised appointments will be made via approval of the Board/Commission
Candidate Appointment Confirmation on the consent agenda during the council's regular meeting tonight.
Ms. Neill Hoyson described the timeline for the salary commission's work (July — September). The process
includes two public hearings.
3. BOARD/COMMISSION CANDIDATE INTERVIEW
Councilmembers interviewed Angela Zhang for appointment to the salary commission (responses in
italics):
Council President Tibbott invited her to describe her background, skill set, what attracted her to apply. I've
been an Edmonds resident for three years. I worked fulltime as an HR program manager at Microsoft and
have more than a decade ofHR experience. I have an MBA degree from the University of Washington. Both
my skills and knowledge are transferable to this volunteer position. I am passionate about giving back to
the community and serving the community. We lived in Seattle previously and since moving to Edmonds we
have been impressed by how much the City does to bring the community together. I have an almost 3-year
old and we attended many City events. This is a great opportunity to give back and contribute.
Councilmember Teitzel observed she had 15 years' of experience with Microsoft. He asked if that was
primarily or entirely in HR. Across my career 90% has been working in the HR field, program management,
and compensation. Councilmember Teitzel asked if she has had an opportunity to assess and set
compensation levels for various jobs. Yes, in my previous employment, Sealaska, I was heavily involved in
restructuring the compensation for all the jobs in the company.
Councilmember Paine asked if she had done any research into the council's salaries. I did some research
about the salary commission. It was aroundfor a while and then was disbanded and now has been reformed
and all the members will be new. The commission looks at comparables as one of many data inputs. I think
it will be really important to work together as team, especially as a newly formed team, to bounce ideas off
each other to determine what makes the most sense. I have done a little research and if I am selected, I'm
lookingforward to working with the team.
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7.1.a
Councilmember Olson said she enjoyed hearing about Ms. Zhang's enthusiasm for her new city. The City's
code requires salary commission members not have immediate family members on boards or commissions
in Edmonds or who are City employees of elected officials. I do not have any family relationship to the
City. I am a first generation immigrant; I came to the U.S. in 2013 to attend grad school. I recently became
a U.S. citizen which also inspired me to contribute.
Councilmember Nand asked how do you think changes in the salary for elected office in Edmonds can help
the City meet its DEI goals in terms of age diversity, social economic diversity, representation from
historically underrepresented backgrounds not only race and gender, but also disability status, and sexual
identity related to LGBTQ+ status. The process for selecting candidates values diversity of background,
race and professional background. That is probably a great staring point. At Microsoft we highly value
diversity and inclusion, not just representation but also behaviors. I'm happy and passionate to carry that
over to this position ifI have the opportunity to be a member of the salary commission.
Councilmember Chen liked the fact that she was a first generation immigrant and congratulated her on
becoming a U.S. citizen and her willingness to contribute in this way. He asked about her knowledge of the
city council's workload. What I learned from the mayor, it seems like some of the roles are full-time and
some are part-time. I'm happy to do more research to learn more about it.
Councilmember Buckshnis said councilmembers are all part-time, but some do a lot of extra work so it
looks like it's full-time. The salary commission is a new group and it's important to interview
councilmembers; in the past some salary commissions only interviewed the council president which many
councilmembers did not believe was enough. She hoped the salary commission would have an opportunity
to interview all councilmembers. She observed Ms. Zhang had an opportunity to interview many people as
part of her work at Microsoft and anticipated she would enjoy the other members of commission. I think
interviewing only one person is not sufficient. During various stages of my career, I appreciate and
prioritize getting input from employees, managers and leaders because everyone's perspective is different
and you want to look at all the data you have access to. Everyone can be biased and you want to approach
it in a balanced and fair way especially when it comes to people's pay. That will definitely be one of my
priorities.
Council President Tibbott advised appointments will be made via approval of the Board/Commission
Candidate Appointment Confirmation on the consent agenda during the council's regular meeting tonight.
4. BOARD/COMMISSION CANDIDATE INTERVIEW
Councilmembers interviewed Bill Taylor for appointment to the salary commission (responses in italics):
Council President Tibbott invited him to describe his background, skill set, and what attracted him to apply.
I moved to Edmonds from Seattle in 1992. I was a long time Rotarian in Seattle and joined Daybreakers
Rotary in Edmonds. I co-founded and led a management consulting firm in Seattle, focusing on HR,
compensation, organization development, etc. We worked with a lot of cities and counties, worked with
AWC and were instrumental in setting up and conducting their salary survey set up which could be a tool
for the salary commission. I've been involved with public and private sector compensation. I'm a certified
management consultant, have been retired for 10 years, but still have one client. I spend most of my time
in SE Asia working with the SE Asia Foundation whose mission is to eliminate poverty by educating and
providing welfare for children and women.
Councilmember Paine asked if he had done any research on the council's salary. No, I don't know what
councilmembers or the mayor are paid, what their scope of responsibilities are, etc. I will approach it with
an open mind.
Edmonds City Council Draft Minutes
July 18, 2023
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Packet Pg. 17
7.1.a
Councilmember Buckshnis said she was impressed by his work with the with SE Asia Foundation. It has
been very meaningful. Councilmember Buckshnis commented she has been through many salary
commissions while on the council. All five salary commissioners will be new as a previous council
disbanded the commission in 2021. She encouraged him to interview all councilmembers, commenting his
humor and experience will make him a good fit on the salary commission.
Councilmember Nand asked how do you think changes in the salary for elected office in Edmonds can help
the City meet its DEI goals in terms of age diversity, social economic diversity, representation from
historically underrepresented backgrounds not only race and gender, but also disability status, and sexual
identity from the LGBTQ+ community. The compensation needs to be set equitably at a prevailing market
rate. We have to decide whether that's median, average, etc. Issues of DEI and inclusion are the
consideration of the selection committee and not the salary commission. Councilmember Nand clarified in
terms of attracting people to run for office. The compensation needs to be competitive. Recruiting and
attracting diverse applicants is beyond the scope of the salary commission. Councilmember Chen said there
have been discussion about how to get more diverse people to run for elected office. Some of the pushback
from people with working class backgrounds is the amount of time required. I understand the pay is part-
time and relatively low. The salary needs to be aligned with the responsibility. I assume one of the points
of tension is how much councilmembers work and how they much should be working.
Councilmember Teitzel recognized Mr. Taylor's experience with salary setting and asked how he collected
comparative data to establish a salary range. Professional salary surveys are important, not anecdotal data,
as well as job matching as councilmembers' roles and responsibilities vary by city. The quality of the survey
and job matching so data is relevant to this city council. It is still as much art as science.
Councilmember Chen expressed interest in his work in SE Asia Foundation. I'm interested in the Asian
Service Center due to my work in Cambodia and Thailand with terribly impoverished people. I'd like a
better connection to Cambodian and Thai people, even the possibility of an opening on our board.
Councilmember Olson commented the salary commission is a little different than other boards and
commissions related to conflict of interest if some had immediate family members who would benefit from
their work. She asked if he had an immediate family member that was a City employee, elected official or
served on a board or commission. Not even in the State of Washington. Councilmember Olson commented
his background was amazing and perfect for an inexperienced salary commission.
Council President Tibbott advised appointments will be made via approval of the Board/Commission
Candidate Appointment Confirmation on the consent agenda during the council's regular meeting tonight.
Councilmember Olson pointed out salary commission terms are staggered and asked if that needed to be
decided before appointments were approved.
5. BOARD/COMMISSION CANDIDATE INTERVIEW
Councilmembers interviewed Brook Roberts for appointment to the salary commission (responses in
italics):
Council President Tibbott invited him to describe his background, skill set, what attracted him to apply .
I'm stoked to have a salary commission look at compensation for councilmembers and the mayor and
determine if it is proportional to the amount of work they do. As a former general manager at Chipotle
Mexican Grill, I dealt with a lot of HR issues including compensation, benefits, hourly wages, salaries, etc.
I understand how compensation can play into employee performance and willingness to do the most and to
do better. In my district of stores, I led a successful effort to raise hourly manager and crew wages. We
compared Chipotle to other quick service restaurants in the surrounding area to get a feel for where the
Edmonds City Council Draft Minutes
July 18, 2023
Page 6
Packet Pg. 18
7.1.a
compensation was deficient. Afterpresenting the research to the regional director andfield leadership, an
$1/hour raise was approved. As a result, more people were applyingfor jobs and there was a lower turnover
rate. I'm able to look at numbers, do the research and legwork and figure out how to better the employee
experience. That is what I hope to do that on the salary commission.
This plays into my idea of wanting a more diverse set of council candidates in the future. If the council's
pay can be increased, it can attract more working class candidates to run for office and be successful in
that role. I've lived in Edmonds my entire 19 years. I've served as the vice chair of the youth commission
and as the council's student representative. I understand the inner -workings of the executive and legislative
branches and the shear amount of work that goes into councilmembers' jobs. As a salary commissioner, I
would take that into account and try to understand where and how that time is spent and what the actual
hourly wage is and see where that can be expanded to increase council's pay equity. Edmonds city council's
pay is similar to surrounding cities, but if citizens expect Nordstrom level service, councilmembers should
be paid accordingly.
Councilmember Olson asked if he had any immediate family members who are Edmonds staff, electeds or
board or commission members. I do not.
Councilmember Chen commented his experience as a restaurant manager brings live experience to look at
the council pay and the amount of work they do. He looked forward to his contribution on the salary
commission.
Councilmember Teitzel thanked Mr. Roberts for his service as student rep. He asked as a general manager
of Chipotle, how much latitude he had to set salaries for employees. I was given essentially a starting range
that I could adjust based on my opinion and negotiation with the employee based on past experience, etc.
Councilmember Nand asked how do you think changes in the salary for elected office in Edmonds can help
the City meet its DEI goals in terms of age diversity, social economic diversity, representation from
historically underrepresented backgrounds not only race and gender, but also disability status, and sexual
identity from the LGBTQ+ community. My thought process is if we are able to pay elected officials more,
specifically councilmembers, the City could attract a broader group of candidates including the minorities
you mentioned, people who may want to run for council but do not have the time or financial means to do
so if they are working. The City needs to do a better job of outreach in terms of encouraging people to run
for office and getting involved. Translation into multiple languages is a great start but more can be done
such as meeting people where they are. Council has held meetings in different areas of the city recently,
furthering that effort could reach more groups in community and a more diverse group in different
geographic areas.
Councilmember Buckshnis commented Mr. Roberts was great for the position as he has seen what the
council does and how much work and time they spend. Things have changed a lot since President #45 took
office and created divide which she hoped would swing back so everyone experienced equity and inclusion.
Councilmember Paine commented the salary commission will require working as a team and asked him to
comment on his teamwork experience. In any situation I do my best to be the biggest asset to whatever
group I'm in, including going the extra mile do research. I care about doing whatever I can do to make the
team successful. I am willing to take a leadership role or gladly take step back someone else is a better fit
for that leadership role. Regarding communicating with group members, that is something I can work on,
however, I don't think that will be an issue in this role due to my previous experience working on boards
and commissions in the City. Iwould be happy to help the group understand the inner workings of municipal
government and help bolster the understanding of how meaningful the salary commission's work is.
Edmonds City Council Draft Minutes
July 18, 2023
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Packet Pg. 19
7.1.a
Councilmember Olson commented the council has tried to focus on being non -partisan, otherwise it could
add hours to issues. She suggested the salary commission consider whether the time councilmembers spend
is time they volunteer to spend or time the job requires. She explained appointments will be made via
approval of the Board/Commission Candidate Appointment Confirmation on the consent agenda during the
council's regular meeting tonight.
Ms. Neill Hoyson explained once the appointments are confirmed, staff will determine members'
availability, and start scheduling meetings and the public hearings.
Councilmember Nand commented there were two candidates for the Economic Development Commission
that she and Councilmember Teitzel expected the mayor to appoint and he did not. She asked if staff will
email them to thank them for applying. Ms. Neill Hoyson explained the salary commission is under her
purview, other board and commissions are the purview of other departments.
It was the consensus of the council to approve the appointment of the five candidates on the consent agenda.
Councilmember Olson reiterated the terms were not defined in the application. Ms. Neill Hoyson explained
as it is a new commission, once the appointments are approved, the mayor will assign the term limits to
each commissioner, one two and three years, to avoid having a new commission whenever the salary
commission is convened.
6. BOARD/COMMISSION CANDIDATE INTERVIEW
Councilmembers interviewed Emily Nutsch for appointment to Planning Board alternate (responses in
italics):
Council President Tibbott invited her to describe her background, skill set, what attracted her to apply. I've
lived in Edmonds for 8 years. When I told people I was moving here, several coworkers spoke highly of
Edmonds. I lived in Shoreline previously, was excited to move to Edmonds, and am passionate about
community. I spent 18 years working in public service, primarily in transportation. When I left the public
sector, I wanted to give back and commit to the community. I've always been an infrastructure nerd; I was
raised by a sewage engineer. I'm very passionate about the things that make life worth living that we do
not have to think about. I'm passionate about transit, and believe transit is a great way to increase equity
including access to healthcare, access to education and access to jobs. Even though I work in the private
sector now in cargo aviation, I still work in logistics and infrastructure. That is what drew me to give back
to the City of Edmonds and I think the planning board is the right place to do that.
Councilmember Teitzel observed her resume indicated an understanding of where bias can be included in
the system and not wanting to include additional bias. He pointed out the City conducts surveys of its
citizens which is very important to the planning process. In some cases there has been concern that the
surveys have built in bias; the planning board may have role in ensuring that does not happen. He asked if
she had seen any surveys in Edmonds since she has lived here and did she have any concern about the
questions. I have not seen any surveys but I understand the issue. When I worked for King County Metro
we found the rider/non-rider survey used a very traditional survey structure that included a lot of bias
because the only people who would take the survey were the ones who would commit to 20-25 minutes to
take it. I was a big part of the project to think through how to increase feedback.
Councilmember Nand asked if she had any ideas for improving equity and geographic justice in Edmonds.
What do you mean by geographic justice? Councilmember Nand provided the example of different building
heights in the Highway 99 subarea (70 feet) versus the BD zone in downtown Edmonds (35 feet) and asked
how she would confront differences like that. In Shoreline, I lived in a single family community and six
Edmonds City Council Draft Minutes
July 18, 2023
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Packet Pg. 20
story apartment buildings were planned in an adjacent area. I was involved in the council of neighbors and
getting feedback from my neighbors. I would be thoughtful and think about the invisible impacts. If I had
not been talking to my neighbors at that time it would not have occurred to me that 6-story buildings would
block natural daylight. Getting feedback from neighbors, listening to different opinions and being
thoughtful about asking all the questions.
Councilmember Buckshnis explained she has been on the council for 13 years so she has seen a lot of
planning board members. She relies on the planning board to do the deep dive. There has been a significant
turnover of planning board members in the last few years because they felt they were not being heard. She
asked her thoughts on housing, housing stock, the housing code, etc. There is a lot going on. I have watched
some presentations and am aware of the housing bills that the legislature passed, and the opportunity to
think through how to do it right. At this point there isn't a choice and the City needs to make the right
choices and understands the impacts. Middle housing is a big issue. I don't want everyone to be priced out
in Edmonds. School enrolment is down because families may not be able to afford to live in Edmonds and
some that can, choose private school. We need to understand how to increase housing where it makes sense
while maintain green spaces and tree cover. I am interested in balance and not letting perfect get in the
way of good. Councilmember Buckshnis commented she heard from a school board member that people
having fewer babies is why school enrollment is decreasing.
Councilmember Paine referred to her description of invisible infrastructure, her experience with business
intelligence and with equity framework. She asked if she had any experience with reviewing code. I do not
have an extensive background in reviewing code. At Metro I was involved in the committee that edited
policies.
Councilmember Olson commented Ms. Nutsch sounded like a wonderful addition to the planning board
and she was excited to have her in the community.
Councilmember Chen liked her approach to balance. Edmonds lacks affordable housing and middle housing
and the City has a tendency to site affordable housing on the Highway 99 corridor. He asked how she would
use her expertise and voice to balance that and locate affordable housing throughout the city. I understand
the advantages of siting affordable housing on Highway 99 such as access to transit, but sometimes that is
used an excuse. There are a lot of ways to be creative such as micro -transit opportunities, providing first
mile/last mile transit so affordable housing can be located in areas away from Highway 99. I would love
to see cottage housing. Finding ways that do not look the way they have always looked; people often get
stuck wanting to be on the leading edge and trying something different without asking about other cities'
experience or only trying things that are proven. There are a lot of examples where affordable housing has
been located on a corridor that is not walkable and lacks green space. There is an opportunity to consider
how to encourage affordable housing elsewhere. There are parts of Edmonds that are not on Highway 99
that do density beautifully. I live as far outside the bowl and still live in Edmonds; there are opportunities
on huge lots that could be redeveloped with denser, more affordable housing without impacting the
impacting the neighborhood.
Council President Tibbott advised appointments will be made via approval of the Board/Commission
Candidate Appointment Confirmation on the consent agenda during the council's regular meeting tonight.
3. ADJOURN
With no further business, the special council meeting was adjourned at 6:39 p.m.
Edmonds City Council Draft Minutes
July 18, 2023
Page 9
Packet Pg. 21
7.2
City Council Agenda Item
Meeting Date: 08/2/2023
Approval of FIN Committee Special Meeting Minutes July 20, 2023
Staff Lead: Council
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
N/A
Recommendation
Approval of Council Special Meeting minutes as part of the Consent Agenda.
Narrative
The Council Special meeting minutes are attached.
Attachments:
20230720 Special Finance Committee
Packet Pg. 22
7.2.a
FINANCE COMMITTEE MEETING
July 20, 2023
Elected Officials Present
Councilmember Will Chen (Chair)
Councilmember Susan Paine (arrived 3:02 p.m.)
Council President Neil Tibbott (ex-officio)
Councilmember Vivian Olson
1. CALL TO ORDER
Staff Present
Dave Turley, Administrative Services Director
Jeff Taraday, City Attorney
Scott Passey, City Clerk
The Edmonds City Council Finance Committee meeting was called to order virtually and in the City
Council Conference Room, 212 — 5` Avenue North, Edmonds, at 3 p.m. by Councilmember Chen.
2. COMMITTEE BUSINESS
1. Resolution for Annexation into RFA
Mr. Turley explained the resolution is the first step in exploring whether to join the RFA as a member
instead of remaining a contract city. The steps outlined in the RCW include the City passing a
resolution which is sent to the RFA. The RFA then passes a resolution and that allows the two entities
to discuss the City joining the RFA. If a decision is made to join the RFA, the council passes another
resolution stating the City wants to proceed and then the issue is placed on the ballot for voter
approval. The next opportunity to place it on the ballot would be April 2024. He referred to the wording
in Section 1 and 2 which is outlined in the RCW and is the wording requested by the RFA. He relayed
his understanding some councilmembers would like to change the wording.
Questions and discussion followed regarding the resolution starting the conversation but not
committing the City to a certain path; annexation applicable only to Edmonds city limits as South
County Fire (SCF) already direct bills Esperance residents; support for placing the resolution on the
council agenda; concern with language in resolution, "The City requests annexation into the South
Snohomish County Regional Fire..." when the City wants to do more research; determining the
financial impact to taxpayers; preference to do research before requesting annexation; disagreement
that the RCW requires "The City requests annexation..."; past practice of hiring a consultant to
conduct a study before the City signed a contract with SCF; current contract through 2030 so there is
abundant time for study; support for revising the language in Section 1; and cost benefits of
considering annexation into the RFA due to annual rate increases in the contract.
Suggested alternate language:
• Revise Section 1 to read, "...the City requests detailed information, financial and other, for
consideration regarding annexation into the...";
• Retain existing language in Section 1 and add a whereas clause, "We look forward to detailed
financial and other information that will be forthcoming from this process that will aid our
decision."
Mr. Taraday explained the language in the proposed resolution tracks the statute and that language is
significant because, 1) it starts a formal annexation process, and 2) it does not commit the City to
putting anything on the ballot. A policy question for council to consider is whether they are ready to
start that formal process or if they would prefer to have a less formal investigatory period before
starting the formal annexation process.
Packet Pg. 23
7.2.a
07/20/23 Finance Committee Minutes, Page 2
Questions and discussion continued regarding the City having ample time for investigation, options for
proceeding, editing the resolution during discussion at the council meeting, action and planning the
RCW requires the RFA to do if the council approves the proposed resolution, option for the City to
explore annexation without passing the resolution, whether annexation is a good deal for taxpayers
(same service for less money), whether the cost to be a member of the RFA will be significantly more
than remaining a contract city, how the contract amount the City currently pays is determined, the
City's current control over level of service and indirectly over costs, control residents in the RFA have
via voting for RFA board members, and the possibility that station locations could change in the future
with the purchase of the Value Village site which could affect LOS.
Committee recommendation: Full council.
2. May 2023 Monthly Financial Report
Mr. Turley advised he did not have a presentation, but was prepared to respond to council questions.
Questions and discussion followed regarding YTD sales tax revenue 2023 compared to 2022, funds
moved from Snohomish County LGIP into the Washington State LGIP, concern the majority of the
investment portfolio is in Snohomish County LGIP which has a lower interest rate than the State LGIP
and a recommendation to reverse that, practices in the City's investment policy, timing to withdraw
funds from the Snohomish County LGIP, sales tax collections exceeding property tax revenue, the
auditor's request to change the timing of when property taxes are reported (April instead of May),
building maintenance fund expenditures and why projects are not being done, and change in the
General Fund and Subfunds balance in Q1.
Committee recommendation: Received for Filing
3. Surplus Assets
Questions and discussion followed regarding notifying the council before items are surplused instead
of after the fact, and whether there is a policy related to surplusing assets.
Committee recommendation: Received for Filing.
4. Fund Balance Reserve Policy Discussion
Questions and discussion followed regarding the schedule for review in the policy (every five years),
reserves addressed in the policy (General Fund Operating Fund Reserve (16% of General Fund
expenditures) and Contingency Reserve (4% of General Fund expenditures) for a total of 20%,
reserves required by this policy are not required by the state, conflicting language in the policy
whether the percentages are minimums or maximums, suggestion to correct the wording so the
reserve is not limited to 20%, purpose of the General Fund Operating Reserve and the Contingency
Reserve, amount in both reserves in 2023, reserves as part of the fund balance, and whether the fund
balance policy has an impact on the City's bond AAA rating.
Committee recommendation: Discussion.
3. ADJOURN
The meeting was adjourned at 4:20 p.m.
Packet Pg. 24
7.3
City Council Agenda Item
Meeting Date: 08/2/2023
Approval of Special Meeting Minutes July 25, 2023
Staff Lead: Council
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
N/A
Recommendation
Approval of Council Special Meeting minutes as part of the Consent Agenda.
Narrative
The Council Special meeting minutes are attached.
Attachments:
20230725 Special Meeting
Packet Pg. 25
7.3.a
EDMONDS CITY COUNCIL
SPECIAL MEETING
ELECTED OFFICIALS PRESENT
Mike Nelson, Mayor
Neil Tibbott, Council President
Vivian Olson, Councilmember
Will Chen, Councilmember
Diane Buckshnis, Councilmember
Susan Paine, Councilmember
Dave Teitzel, Councilmember
Jenna Nand, Councilmember
1. CALL TO ORDER
DRAFT MINUTES
July 25, 2023
STAFF PRESENT
Jeff Taraday, City Attorney
Oscar Antillon, PW Director
Rob English, City Engineer
Scott Passey, City Clerk
Jerrie Bevington, Camera Operator
The special Edmonds City Council meeting was called to order at 6:20 p.m. by Mayor Nelson in the
Council Chambers, 250 51 Avenue North, Edmonds, and virtually.
2. EXECUTIVE SESSION TO DISCUSS PENDING OR POTENTIAL LITIGATION, RCW
42.30.110(1)(1)
The Council then convened in executive session to discuss pending or potential litigation per RCW
42.30.110(1)(i) for approximately 30 minutes.
The executive session concluded at 6:47 p.m.
3. RECONVENE IN OPEN SESSION
The meeting reconvened at 6:47 p.m.
4. ADJOURNMENT
With no further business, the Council meeting was adjourned at 6:47 p.m.
Edmonds City Council Draft Minutes
July 25, 2023
Page 1
Packet Pg. 26
7.4
City Council Agenda Item
Meeting Date: 08/2/2023
Approval of Regular Meeting Minutes July 25, 2023
Staff Lead: Council
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
N/A
Recommendation
Approval of Council Meeting minutes as part of the Consent Agenda.
Narrative
The Council meeting minutes are attached.
Packet Pg. 27
7.5
City Council Agenda Item
Meeting Date: 08/2/2023
Approval of claim checks and wire payment.
Staff Lead: Dave Turley
Department: Administrative Services
Preparer: Nori Jacobson
Background/History
Approval of claim checks #258421 through #258551 dated July 27, 2023 for $2,699,943.68 and wire
payment of $35,889.10.
Staff Recommendation
Approval of claim checks and wire payment.
Narrative
The Council President shall be designated as the auditing committee for the city council. The council
president shall review the documentation supporting claims paid and review for approval by the city
council at its next regular public meeting all checks or warrants issued in payment of any claim, demand
or voucher. A list of each claim, demand or voucher approved and each check or warrant issued
indicating the check or warrant number, the amount paid and the vendor or payee shall be filed in the
city council office for review by individual councilmembers prior to each regularly scheduled public
meeting.
Attachments:
Claims agenda copy 07-27-23
Packet Pg. 28
7.5.a
apPosPay Positive Pay Listing Page: 1
7/27/2023 8:18:03AM City of Edmonds
Document group: jacobson
Vendor Code & Name Check # Check Date Amount
076040
911 SUPPLY INC
258421
7/27/2023
1,480.00
078745
A-1 LANDSCAPING & CONSTRUCTION
258422
7/27/2023
143,109.33
000135
ABSCO ALARMS INC
258423
7/27/2023
1,444.79
064088
ADT COMMERCIAL
258424
7/27/2023
2,051.85
065568
ALLWATER INC
258425
7/27/2023
177.35
001528
AM TEST INC
258426
7/27/2023
405.00
077968
ANIMAL MEDICAL CTR OF SEATTLE
258427
7/27/2023
1,916.95
073573
ANIXTER
258428
7/27/2023
423.47
065378
APPLIED INDUSTRIAL TECH
258429
7/27/2023
45.74
001634
AQUAQUIP
258430
7/27/2023
880.38
074718
AQUATIC SPECIALTY SERVICES INC
258431
7/27/2023
2,439.84
069751
ARAMARK UNIFORM SERVICES
258432
7/27/2023
483.51
079334
ARVID TEBELMAN
258433
7/27/2023
259.60
071174
AXON ENTERPRISE INC
258434
7/27/2023
45,833.41
012005
BENDIKSEN & BALL POLYGRAPH
258435
7/27/2023
300.00
079086
BENZACO SCIENTIFIC INC
258436
7/27/2023
11,633.47
076930
BLACKFIN TECHNOLOGIES NW INC
258437
7/27/2023
800.00
074307
BLUE STAR GAS
258438
7/27/2023
2,872.42
003074
BNSF RAILWAY COMPANY
258439
7/27/2023
2,419.06
065565
BUD CLARY FORD HYUNDAI
258440
7/27/2023
50,607.66
073029
CANON FINANCIAL SERVICES
258441
7/27/2023
1,729.70
077353
CAPITOL CONSULTING LLC
258442
7/27/2023
3,900.00
071816
CARLSON, JESSICA
258443
7/27/2023
693.00
069813
CDW GOVERNMENT INC
258444
7/27/2023
34,050.24
003510
CENTRAL WELDING SUPPLY
258445
7/27/2023
412.99
065403
CHAPIN, FRANCES
258446
7/27/2023
304.30
019215
CITY OF LYNNWOOD
258447
7/27/2023
42,307.00
035160
CITY OF SEATTLE
258448
7/27/2023
26.46
079251
COATES III, JAMES SPINNING
258449
7/27/2023
600.00
064369
CODE PUBLISHING LLC
258450
7/27/2023
743.67
073135
COGENT COMMUNICATIONS INC
258451
7/27/2023
661.59
078902
COLEMAN OIL COMPANY LLC
258452
7/27/2023
23,954.15
062975
COLLISION CLINIC INC
258453
7/27/2023
1,000.00
070323
COMCAST BUSINESS
258454
7/27/2023
67.09
065683
CORRY'S FINE DRY CLEANING
258455
7/27/2023
127.11
069529
D & G BACKHOE INC
258456
7/27/2023
73,225.57
079315
DENNIS MIKKELSEN
258457
7/27/2023
231.98
078419
DIAMOND PARKING
258458
7/27/2023
1,500.00
064531
DINES, JEANNIE
258459
7/27/2023
508.00
076172
DK SYSTEMS
258460
7/27/2023
332.86
007253
DUNN LUMBER
258461
7/27/2023
1,198.57
079331
EASTERN INVESTMENT CORPORATION
258462
7/27/2023
100,000.00
007675
EDMONDS AUTO PARTS
258463
7/27/2023
141.17
067703
EDMONDS COLLEGE ATHLETICS
258464
7/27/2023
8,590.00
076610
EDMONDS HERO HARDWARE
258465
7/27/2023
122.67
067030
EDMONDS HISTORICAL MUSEUM
258466
7/27/2023
40.00
008705
EDMONDS WATER DIVISION
258468
7/27/2023
70,500.04
008812
ELECTRONIC BUSINESS MACHINES
258469
7/27/2023
759.67
009350
EVERETT DAILY HERALD
258470
7/27/2023
290.68
071026
FASTSIGNS OF LYNNWOOD
258471
7/27/2023
1,346.91
009815
FERGUSON ENTERPRISES INC
258472
7/27/2023
3,933.03
072493
FIRSTLINE COMMUNICATIONS INC
258473
7/27/2023
12,323.08
072634
GCP WW HOLDCO LLC
258474
7/27/2023
648.00
Page: 1
Packet Pg. 29
apPosPay Positive Pay Listing
7/27/2023 8:18:03AM City of Edmonds
Document group: jacobson
Vendor Code & Name Check # Check Date Amount
079336
GO GOV APPS
258475
7/27/2023
12,000.00
012199
GRAINGER
258476
7/27/2023
268.06
079332
GREAT WESTERN INSTALLATIONS
258477
7/27/2023
17,536.35
079061
GREENSTAGE
258478
7/27/2023
1,650.00
074804
HARLES, JANINE
258479
7/27/2023
300.00
076333
HASA INC
258480
7/27/2023
8,484.29
010900
HD FOWLER CO INC
258481
7/27/2023
6,293.06
074966
HIATT CONSULTING LLC
258482
7/27/2023
200.00
078923
HKA GLOBAL INC
258483
7/27/2023
3,105.00
061013
HONEY BUCKET
258484
7/27/2023
581.41
075966
HULBERT, CARRIE
258485
7/27/2023
2,851.67
077075
HWANG, JOSH
258486
7/27/2023
175.00
072041
IBS INCORPORATED
258487
7/27/2023
371.93
077398
INCREDIFLIX INC
258488
7/27/2023
2,580.00
073548
INDOFF INCORPORATED
258489
7/27/2023
124.43
072627
INTRADO LIFE & SAFETY INC
258490
7/27/2023
1,000.00
076917
JACOBS ENGINEERING GROUP INC
258491
7/27/2023
1,453.00
079329
KATHARINE OLIVER
258492
7/27/2023
237.04
079341
KATHERINE T WILSON
258493
7/27/2023
100.00
078250
KAUFER DMC LLC
258494
7/27/2023
300.00
075241
KELLER, DAVID H
258495
7/27/2023
250.00
017135
LANDAU ASSOCIATES INC
258496
7/27/2023
3,482.50
075016
LEMAY MOBILE SHREDDING
258497
7/27/2023
155.60
075159
LIFE INSURANCE CO OF NO AMER
258498
7/27/2023
15,884.17
079326
LIFT EVERY VOICE LEGACY
258499
7/27/2023
3,000.00
079246
MARY MCPAGE
258500
7/27/2023
250.00
069053
MICRO COM SYSTEMS LTD
258501
7/27/2023
1,066.07
074556
MOORE, IACOFANO & GOLTSMAN INC
258502
7/27/2023
3,470.00
064570
NATIONAL SAFETY INC
258503
7/27/2023
564.21
024302
NELSON PETROLEUM
258504
7/27/2023
70.26
075542
NORTHWEST LANDSCAPE SUPPLY
258505
7/27/2023
79.63
067868
NW TANK & ENVIRONMENTAL
258506
7/27/2023
997.80
073714
OLBRECHTS & ASSOC PLLC
258507
7/27/2023
2,232.36
002079
OPEN SQUARE
258508
7/27/2023
2,860.25
075694
PACIFIC SOUND DESIGN
258509
7/27/2023
2,100.00
027060
PACIFIC TOPSOILS
258510
7/27/2023
1,767.32
072507
PEACE OF MIND OFFICE SUPPORT
258511
7/27/2023
324.00
079337
PEORIA FORD
258512
7/27/2023
242,100.00
072384
PLAY-WELLTEKNOLOGIES
258513
7/27/2023
1,470.00
078800
POPA & ASSOCIATES
258514
7/27/2023
600.00
075770
QUADIENT FINANCE USA INC
258515
7/27/2023
4,000.00
075822
QUADIENT INC
258516
7/27/2023
449.29
073644
QUALITY CONTROLS CORP
258517
7/27/2023
1,896.20
075984
RAGLAND, ISAIAH
258518
7/27/2023
1,200.00
071702
RAILROAD MGMT CO III LLC
258519
7/27/2023
1,034.01
064769
ROMAINE ELECTRIC
258520
7/27/2023
159.15
079323
ROOTED DESIGN, LLC
258521
7/27/2023
2,387.00
069477
ROTARY OFFSET PRESS INC
258522
7/27/2023
2,141.50
077069
SEMACONNECT INC
258523
7/27/2023
1,440.00
068132
SHORELINE CONSTRUCTION CO
258524
7/27/2023
606,779.93
074066
SHOW BRAZIL
258525
7/27/2023
2,000.00
072214
SIGMA-ALDRICH INC
258526
7/27/2023
691.88
075590
SMARSH INC
258527
7/27/2023
7.65
037375
SNO CO PUD NO 1
258528
7/27/2023
24,303.68
Page: 2
Packet Pg. 30
apPosPay Positive Pay Listing
7/27/2023 8:18:03AM City of Edmonds
Document group: jacobson
Vendor Code & Name Check # Check Date Amount
063941
SNO CO SHERIFFS OFFICE
258529
7/27/2023
39,552.88
037303
SO SNOHOMISH CO FIRE & RESCUE
258530
7/27/2023
917,042.00
039775
STATE AUDITOR'S OFFICE
258531
7/27/2023
2,049.60
075971
STEEL MAGIC NORTHWEST
258532
7/27/2023
360.00
075975
STEWART, RHONDA
258533
7/27/2023
550.00
074797
SUPER CHARGE MARKETING LLC
258534
7/27/2023
650.00
079317
SWS
258535
7/27/2023
29,398.50
079153
TATUM, TODD
258536
7/27/2023
1,361.91
027269
THE PART WORKS INC
258537
7/27/2023
375.63
072649
THE WIDE FORMAT COMPANY
258538
7/27/2023
232.05
079316
THOMAS & GRACE COPLEY
258539
7/27/2023
231.98
074800
TURNSTYLE INC
258540
7/27/2023
1,000.00
071549
UNIVAR SOLUTIONS USA INC
258541
7/27/2023
2,485.70
064423
USA BLUE BOOK
258542
7/27/2023
2,039.11
067865
VERIZON WIRELESS
258543
7/27/2023
47.57
045405
VILLAGE TRANSMISSION INC
258544
7/27/2023
10,071.99
068259
WA ST CRIMINAL JUSTICE
258545
7/27/2023
4,212.00
075635
WCP SOLUTIONS
258546
7/27/2023
1,792.66
073552
WELCO SALES LLC
258547
7/27/2023
116.76
079243
YOUNG MARKETING
258548
7/27/2023
2,000.00
078807
ZACHOR STOCK & KREPPS INC PS
258549
7/27/2023
35,660.64
071634
ZAYO GROUP LLC
258550
7/27/2023
1,812.49
011900
ZIPLY FIBER
258551
7/27/2023
221.15
G ra n d Tota I :
2, 699, 943.68
Total count:
130
Page: 3
Packet Pg. 31
7.6
City Council Agenda Item
Meeting Date: 08/2/2023
Approval of Marchis Property Settlement Agreement
Staff Lead: Rob English
Department: Engineering
Preparer: Emiko Rodarte
Background/History
n/a
Staff Recommendation
Approve settlement agreement.
Narrative
A public sewer easement exists along the west side of the Marchis property at 7311 Soundview Drive.
Adjacent to and north of the subject property, a three lot short plat "Soundview Lane" was developed
by Regent Construction. In the course of short plat development, the sewer lateral located within the
public sewer easement on the Marchis property was replaced by Regent Construction.
Following completion of the required sewer replacement, Marchis filed a lawsuit against Soundview
Lane, LLC, Regent Construction, Inc. and the City of Edmonds claiming damages to the Marchis property.
Through the permit process, Regent Construction agreed to indemnify the City and therefore, the
lawsuit against the City was tendered to Regent Construction. The City was in -turn represented in the
lawsuit by an attorney of Regent Construction. All parties subject the lawsuit participated in mediation
on July 19, 2023. Settlement was reached pursuant to a CR 2A agreement.
Attachments:
Attachment 1 - Settlement Agreement
Packet Pg. 32
7.6.a
Pursuant to CR 2A, Adrian Marchis and Daliborca Megiveron-Marchis ("Marchis"), Soundview Lane, LLC,
Regent Construction, Inc. and City of Edmonds (collectively, the "Parties" or, individually, a "Party"),
agree to resolve all claims arising out of the facts/actions/inactions relating to the project between as
described in Snohomish Superior Court No. 22-2-03868-31, on the following terms:
Regent and its carrier will pay the Marchis the sum of $65,000 within 30 days of mutual
execution of final settlement documents as provided below. Counsel for Marchis will please
provide payment instructions to counsel for Regent along with an appropriate W9 form to
facilitate timely payment,
2. The City of Edmonds shall allow the existing rockery located within the Easement Area (as
described in the Complaint) to remain in place in the Easement Area. Nothing herein authorizes
repair or replacement of the rockerys within the Easement Area in the event of future
deveiopment.
3. The defendants will pay the Marchis' portion of the mediation fee.
4. Except for the promises in this agreement, all Parties (including all owners, employees, agents,
etc of each party) agree to release each other from any and all claims, known and unknown
relating to the work, and the contract that formed the basis for the dispute. The intent of the
release is to be as broad as possible and include all claims of any nature, including but not
limited to contract, negligence, warranty, statutory, equity, indemnification, etc. such that the
Parties will have no further obligation to each other. The release includes any remaining
warranty obligations on the part of Regent.
S. Effective as soon as mutual replies accepting this settlement are transmitted by counsel for all
Parties, no party will take any further action in furtherance of the litigation except as provided
herein and in the final settlement agreement.
6. As soon as reasonably possible once final payment is received asset forth above, the suit will be
dismissed with prejudice and without costs or fees to either party.
This agreement will be binding once agreed to as provided below. It will be replaced by a more
formal settlement agreement containing these terms and others commonly found in
settlements of this type. Counsel for Regent will draft the final documents for review and
approval by other counsel.
Please review the above for accuracy and completeness. Assuming it to be accurate and complete,
lease hit "reply to all" and signiL your agreement with the above. Once agreed to by a representative
of each party, this will constitute a binding Agreement.
Acknowledged and Agreed by:
ADRIAN MARCH IS AND DALIBORCA MEGIVERON- REGENT CONSTRUCTION INC.
ZZ2r�
" i 9 23 1 7/19/23
By: Adrian Marchis By: Rob Michel, authorized signatory
Page 1 of 2
Packet Pg. 33
7.6.a
CITY OF EDMONDS
By: Jeanie McConnell, authorized signatory
SOUNDVIEW LANE, LLC
7119123
By: Rob Michel, authorized signatory
Page 2 of 2
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7.6.a
CITY OF EDMONDS
r�m711912023
By: Jeanie McConnell, authorized signatory
SQUNDVIEW LANE, LLC
By: Rob Michel, authorized signatory
Page 2 of 2
Packet Pg. 35
7.7
City Council Agenda Item
Meeting Date: 08/2/2023
AMD2023-0005 Revised Minor Code Amendment Package #2
Staff Lead: Rose Haas
Department: Planning Division
Preparer: Rose Haas
Background/History
At the Council's July 25, 2023 regular meeting, the Council opted to remove Minor Code Amendment
Package #2 from the consent agenda to discuss Line Item 29 of the summary spreadsheet (Attachment
2), which would have replaced the term "citizen" with "resident" in 57 places throughout the ECC and
ECDC. After discussion, Council did not approve or take any other action on the minor code amendment
package.
Staff has since updated the summary spreadsheet (Attachment 1) and ordinance (Attachment 3) to
remove Line Item 29 from Minor Code Amendment Package #2. It should be noted that per ECDC
20.80.015, Council may remove one or more line items for further discussion and still adopt the
remainder of the package.
As part of the code modernization process recognized by the City Council in October 2022, the Council
adopted Ordinance 4295 on March 7, 2023. The ordinance created the new minor code amendment
review process in Chapter 20.80 of the Edmonds Community Development Code (ECDC). The minor
process allows for streamlined review and cleanup of minor development code items in Titles 15 - 24
ECDC.
As part of the code modernization process recognized by the City Council in October 2022, the Council
adopted Ordinance 4295 on March 7, 2023. The ordinance created the new minor code amendment
review process in Chapter 20.80 of the Edmonds Community Development Code (ECDC). The minor
process allows for streamlined review and cleanup of minor development code items in Titles 15 - 24
ECDC.
ECDC 20.80.015 is as follows:
Minor zoning code and map amendments.
A. Intent. This process is used by city council to review and decide on minor zoning code and map
amendments. It is a streamlined process used for proposed changes which need no policy study.
B. Suitability. This process is used for:
1. Minor development code amendments to promote clarity, eliminate redundancy, or to correct
inconsistencies; and
2. Minor zoning map amendments to correct grammatical, labeling, or similar errors on the official
zoning map.
C. Review Process. The planning and development director periodically prepares a package of
amendments for review and presents them to the city council on their consent agenda. At its discretion,
the council may:
Approve the entire package; or
Packet Pg. 36
7.7
2. Remove one or more of the proposed amendments from consent for additional discussion about
the suitability of an amendment for the minor process or remove an amendment from the minor
process roster altogether for processing as a major amendment as described in ECDC 20,80.020
<https.11www.codepublishing.com/WA/Edmonds/> and then approve the remainder of the
package. (Ord. 4295 § 1 (Att. A), 20231.
Council also expressed interest in making similar minor changes to Titles 1 -10 of the Edmonds City
Code (ECC). This work is not subject to the minor code amendment process in ECDC 20.80 but can be
included with regular omnibus revision packages and is in this case.
The intent is to bring these packages to Council on a periodic basis (quarterly to start). The REVISED
Minor Code Amendment Package is Attachment 1.
Staff Recommendation
Review the REVISED Minor Code Amendment Package #2 (Attachment 1), which no longer includes Line
Item 29 (replacing "citizen" with "resident" in 57 places).
If there are questions, please provide staff additional guidance for future packages.
If there are one or more line items in the package that Council believes warrant more discussion
at a later date or contain what Council considers substantive policy change, the line item can be
pulled and the rest of the package can be adopted by Council.
If there are no questions, adopt the attached ordinance as shown in Attachment 3.
Narrative
The attached REVISED Minor Code Amendment Package 2023-2 spreadsheet (Attachment 1) in total
contains 220 minor changes to ECC and ECDC. The minor changes are divided into 32 categories.
Categorically, there are 23 minor amendments subject to ECDC 20.80 and a further five minor
amendments to Titles 1 - 10 ECC, which are not subject to ECDC 20.80. There are three minor
amendments that occur in both Titles 1- 10 and 15 - 24. There are six columns that include the
following information:
1) Code reference - the section, chapter or location(s) proposed for change
2) Current code language proposed for change
3) Number of occurrences - the number of times the change will be made in the code
4) Proposed change - what is proposed to be done whether eliminating or updating language
5) Reason for the proposed change - outdated reference, typo
6) Notes - context about the reason for the proposed change
Examples
Below are several examples from the spreadsheet. Emphasis has been added by Planning staff for
clarification.
Outdated Reference: Sections that no longer apply to current code due to the passage of time, updated
protocol, or changes in technology.
ECDC 15.00.040.A Duties of officials
"Community Development Director. The community development director shall administer and
enforce the provisions od ECDC Titles 15, 16, 17, 20 and 21, except for those provisions to be
enforced by the building official."
Typo: An incorrect reference, spelling error, or other formatting typographical error.
ECDC 20.12.020.A.5 Design review by the architectural design board
Packet Pg. 37
7.7
"....The continuance is intended to provide the applicant with sufficient time to prepare the
material required for Phase 1 of the public hearing, including any design or redesign needed to
address the input of the public and ADB during Phase 1 of the public hearing by complying with
the prioritized checklist."
Redundant: Sections that have been recodified into other chapters.
Chapter ECDC 17.35 Keeping of domesticated animals in residential zones.
Recodified to ECC 5.05.015 by Ord. 3988
Inconsistency: Sections that are not consistent with newer adopted municipal/state ordinances.
ECDC Section 17.50.070.13 Downtown business area parking requirements.
"The downtown business area consists of all land zoned BC, BD, or CW and located in the area
east of Puget Sound, south of Edmonds Street, west of Seventh Avenue, and north of Pine
Street..."
Needs clarification: Sections that are vague or not manifestly legible.
ECDC Section 15.00.020 Application fees.
"This section shall apply to any and all fees charged by the city planning division, public works
department, building division and for park dedication, parking and variance from
undergrounding. Such fees may be established from time to time by resolution of the city
council."
Fees not listed in Chapter 15.00 since 1996 when they were removed per Ordinance 3108.
Attachments:
Attachment 1 - Revised Summary Spreadsheet for Minor Code Amendment Package #2
Attachment 2 - Original Summary Spreadsheet for Minor Code Amendment Package #2
Attachment 3 - Revised Ordinance for Minor Code Amendment Package #2
Packet Pg. 38
7.7.a
Minor Code Amendment Package 2
f
Code Reference Current Code Number oProposed Code Change Reason Notes/Content
Occurences
Snohomish County Health Department is the regulatory authority.
1
ECC 6.10
ECC 6.10 - Health Officer
i
Eliminate Code Section
Outdated Reference
County has been regulatory authority since 1980 under Ordinance 2176
2
ECC 6.20.042.A.1
"ECDC 18.45.020"
1
"ECDC 23.10.020"
Outdated Reference
ECDC Chapter 18.45 was repealed by Ordinance 4218 in 2021 and
replaced with Chapter 23.10
3
ECC 7.10.065.A
"environmentally sensitive"
1
"critical"
Inconsistency
Reference to critical areas as defined in ECDC 23.40.005
4
ECC 10.15
Chapter 10.15 Building board of appeals
1
Eliminate Code Section
Outdated Reference
Recodified to Chapter 19.80 ECDC by Ordinance 3740 in 2009)
Development fees were listed in ECDC 15.00 until 1996 under
"Such fees may be established from time to
are established by resolution of the
Outdated Reference/
Ordinance 3108. Solution is to provide hyperlink to'2023 Fees
5
ECDC 15.00.020
time by resolution of the city council"
1
city council"
Needs Clarification
Associated with Development' on COE website, adopted by Resolution
1515in 2023
6
ECDC 15.00.050.D
"three copies"
1
"the document"
Outdated Reference
Only one copy would be required per digitized standards.
ECDC 16.43.020.A; ECDC 16.45.010.13;
7
ECDC 16.50.010.8; ECDC 16.55.010(B);
8
"Outdoor dining meeting the criteria of
Inconsistency
Consistency with ECDC 17.75.010.A
ECDC 16.60.010(B); ECDC 16.62.010(B);
Chapter 17.75 ECDC"
ECDC 16.100.030; ECDC 16.110.010
-Code Reviser's note: See ECDC 19.00.070.13
-Code Reviser's note: See ECDC
ECDC 19.00.070.D no longer exists. All development fees can be found
8
ECDC Chapter 17.30
and Chapter 15.00 ECDC for fence permit
1
Outdated Reference
fees"
15.00.020 for fence permit fees"
through Chapter 15.00 ECDC
9
ECDC Chapter 17.35
ECDC Chapter 17.35
1
Eliminate Code Section
Redundant
Recodified in ECC 5.05 in 2009
"Elementary schools, junior high schools,
"Primary and Secondary Schools: See ECDC
10
ECDC 17.50.020.C.4
boarding schools ...."
1
17.100.050.M for parking standards
Inconsistency
Consistency with ECDC 17.100.050.M.
relating to primary and secondary schools
"Residential colleges and universities: six
Clarifies parking standards from ECDC 17.50.020.C.4 while staying
11
ECDC 17.50.020.C.5
1
spaces per classroom, or one space per
Needs Clarification
consistent with ECDC 17.100.050.M
daytime employee, whichever is greater"
"6. High schools (senior): one space per
12
ECDC 17.50.020.C.6
daytime employee"
1
Eliminate section
Inconsistency
Consistency with ECDC 17.100.050.M.
"A. Square Feet. Unless otherwise specified,
"A. Square Feet. Unless otherwise
square feet refers to the gross building square
specified, square feet refers to the gross
Not consistent with outdoor dining ECDC 17.75.010.E (No additional
13
17.50.030.A
footage, including outdoor areas used for the
1
building square footage, including outdoor
Inconsistency
parking stalls shall be required for outdoor dining usage.)
same use (such as an outdoor eating area for
areas used for the same use."
a restaurant)."
Council extended the Designated Street Front in BD in 2022.
14
17.50.070.B
"Edmonds"
1
"Daley"
Inconsistency
Consistency with 16.43 designated street front map to include all
parcels.
ATTACHM Packet Pg. 39
7.7.a
IN _—T
Add illustration with heading "Figure
Illustration is included EV
15
17.115.020
"',,-0',,,
1
17.115.-1: Electric Vehicle Charging
Needs Clarification
on website to clarify charging capacity
Capacities"
requirements.
ECDC 18.00.010.A; ECDC 18.05.040;
ECDC 18.10.010.A; ECDC 18.20.040.6;
ECDC 18.30.050.C; ECDC 18.60.040; ECDC
16
18.80.060.A; ECDC 20.15.A.290.A.1;
"Chapter 15.00 ECDC"
15
"ECDC 15.00.020"
Needs Clarification
Clarifiies location of Fee Schedule
ECDC 20.60.100; ECDC 20.75.040.D;
ECDC 20.75.050.E; ECDC 20.75.090.E;
ECDC 20.75.110.A; ECDC 20.75.013.A;
ECDC 20.75.145.A
"The director shall have the authority to
"The director shall have the authority to
develop, implement, and enforce policies and
develop, implement and enforce policies
17
ECDC 18.30.020.13
procedures to administer and enforce this
1
(such as the Edmonds Stormwater
Typo
Previous Ord 3792 does not contain these sections (See also ords 4263,
chapter per ECDC 18.30.110 and 18.30.120,
Addendum) and procedures to administer
4044)
such as the Edmonds stormwater addendum"
and enforce this chapter per ECDC
18.30.100."
"Written proposal: seven copies of a written
18
ECDC 18.70.030.B.5.e
proposal in eight and one-half by 11-inch
1
"Written proposal to include:"
Outdated Reference
Multiple copies are not required per digitization
format to include:"
"The continuance is intended to provide the
applicant with sufficient time to prepare the
material required for Phase 1 of the public
Replace underlined "Phase 1" with "Phase
19
ECDC 20.12.020.A.5
hearing, including any design or redesign
1
2„
Typo
Resolves typo.
needed to address the input of the public and
ADB during Phase 1 of the public hearing by
complying with the prioritized checklist."
ECDC 20.30.050.0 reads: "Discontinuance of
Eliminate Section ECDC 20.30.050.6; ECDC
In -lieu parking fees in ECDC 17.50.070 were eliminated when Chapter
Use. If applicant cannot or will not provide
20.30.050.0 will read: Eliminate Section:
17.50 was repealed and replaced in 2004 through Ordinance 3496.
parking, or the in -lieu parking fee, as set forth
"Discontinuance of Use. If applicant cannot
ECDC 17.50.070.D prior to 2004 reads "The in -lieu fee shall be set forth
20
ECDC 20.30.050.6; ECDC 20.30.050.0
in subsections A and B of this section, the
2
or will not provide parking, as set forth in
Outdated Reference
applicant will discontinue the use, or that
subsection A of this section, the applicant
in chapter 15.00." Parking in -lieu fees were codified in ECDC
portion of use causing the parking
will discontinue the use, or that portion of
15.00.030(B). ECDC 15.00.030 was eliminated in 1996 under Ordinance
deficiency..."
use causing the parking deficiency..."
3108
"C= Conditionally permitted through design
"C =Conditionally permitted if consistent
21
ECDC 20.60.020.M Note
review if consistent with the standards
1
with the standards itemized in subsection
Outdated Reference
Sign permits do not require ADB approval
itemized in subsection (N) of this section"
(N) of this section"
"A reproducible copy of the preliminary plat
22
ECDC 20.75.040
and the number of prints required by the
1
"The preliminary plat"
Outdated Reference
Digital applications do not require multiple or reproducible paper copies
planning and development department"
There is no specific form. Lot line adjustment and subdivision applicants
23
ECDC 20.75.040; ECDC 20.75.050.D
"forms"
2
Eliminate references to forms
Outdated Reference
are required to submit the required material listed in 20.75.040 and
20.75.050.D through the MyBuildingPermit portal.
"Gross lot area for the original parcels and the
"Gross and net lot area for the original
Clarification. Applicants are required to provide lot area including
24
ECDC 20.75.050.D.1.d
proposed parcels (gross lot area does not
1
parcels and the proposed parcels (net lot
Needs Clarification
vehicular access easements (gross) as well as the area with access
include any lot area devoted to vehicular
area does not include any lot area devoted
easements deducted (net).
ingress/egress easements)"
to vehicular ingress/egress easements)"
25
ECDC 20.75.065.13
ECDC 20.75.065.13
1
Eliminate Code Section
Redundant
Redundant with ECDC 20.03.003
ATTACHM Packet Pg. 40
7.7.a
26
ECDC 20.75.085
"city health officer"
1
"Snohomish County health officer"
Outdated Reference
Snohomish County is the regulatory authority
27
ECDC 20.75.140.G
"city of Edmonds health officer"
1
"Snohomish County health officer"
Outdated Reference
Snohomish County is the regulatory authority
28
ECDC 23.40.240.E
"18.45.070.6 and 18.45.070.C," "18.45.070
2
"23.10.100.C," and "23.10.100.C"
Outdated Reference
ECDC Chapter 18.45 was repealed by Ordinance 4218 in 2021 and
and 18.45.075"
replaced with Chapter 23.10
Refer to 2.10.050. Community Development Department was
established in 1980 under Ordinance 2136 and renamed in 1999 as
29
Throughout
"Community Development director"
17
"Planning and Development director"
Outdated Reference
Development Services Department under Ordinance 3279.
Development Services was renamed to Planning and Development
under Ordinance 4299 in 2023.
Refer to 2.10.050. Community Service Department was created under
Ordinance 2442 in 1984, and the Community Service Director was the
administrative head of Community Services Department which included
30
Throughout
"Community Services director"
46
"Public Works director" or "Planning and
Outdated Reference
the engineering division, public works, planning, and parks and
Development Director"
recreation. It was repealed in 1999 under Ordinance 3279. Ordinance
3959 from 2014 further clarified divisions. At no point in time, as
codified, does the position refer to the current position of "Community
Services Director, currently held by Todd Tatum
31
Throughout
"Finance director"
38
"Administrative Services director"
Outdated Reference
Administrative Services Department created in 1984 under Ordinance
2443 and renamed "Finance Department."
Consistency within ECDC and with Washington State Department of
32
Throughout
"Storm water"
46
"stormwater"
Inconsistency
Ecology and United States Environmental Protection Agency.
Stormwater is a distinct type of water that is used as a single noun.
ATTACHM Packet Pg. 41
7.7.b
Minor Code Amendment Package 2
f
Code Reference Current Code Number oProposed Code Change Reason Notes/Content
Occurences
Snohomish County Health Department is the regulatory authority.
1
ECC 6.10
ECC 6.10 - Health Officer
i
Eliminate Code Section
Outdated Reference
County has been regulatory authority since 1980 under Ordinance 2176
7
ECC 6.20.042.A.1
"ECDC 18.45.020"
1
"ECDC 23.10.020"
Outdated Reference
ECDC Chapter 18.45 was repealed by Ordinance 4218 in 2021 and
replaced with Chapter 23.10
3
ECC 7.10.065.A
"environmentally sensitive"
1
"critical"
Inconsistency
Reference to critical areas as defined in ECDC 23.40.005
4
ECC 10.15
Chapter 10.15 Building board of appeals
1
Eliminate Code Section
Outdated Reference
Recodified to Chapter 19.80 ECDC by Ordinance 3740 in 2009)
Development fees were listed in ECDC 15.00 until 1996 under
"Such fees may be established from time to
are established by resolution of the
Outdated Reference/
Ordinance 3108. Solution is to provide hyperlink to'2023 Fees
5
ECDC 15.00.020
time by resolution of the city council"
1
city council"
Needs Clarification
Associated with Development' on COE website, adopted by Resolution
1515in 2023
6
ECDC 15.00.050.D
"three copies"
1
"the document"
Outdated Reference
Only one copy would be required per digitized standards.
ECDC 16.43.020.A; ECDC 16.45.010.13;
7
ECDC 16.50.010.8; ECDC 16.55.010(B);
8
"Outdoor dining meeting the criteria of
Inconsistency
Consistency with ECDC 17.75.010.A
ECDC 16.60.010(B); ECDC 16.62.010(B);
Chapter 17.75 ECDC"
ECDC 16.100.030; ECDC 16.110.010
-Code Reviser's note: See ECDC 19.00.070.13
-Code Reviser's note: See ECDC
ECDC 19.00.070.D no longer exists. All development fees can be found
8
ECDC Chapter 17.30
and Chapter 15.00 ECDC for fence permit
1
Outdated Reference
fees"
15.00.020 for fence permit fees"
through Chapter 15.00 ECDC
9
ECDC Chapter 17.35
ECDC Chapter 17.35
1
Eliminate Code Section
Redundant
Recodified in ECC 5.05 in 2009
"Elementary schools, junior high schools,
"Primary and Secondary Schools: See ECDC
10
ECDC 17.50.020.C.4
boarding schools ...."
1
17.100.050.M for parking standards
Inconsistency
Consistency with ECDC 17.100.050.M.
relating to primary and secondary schools
"Residential colleges and universities: six
Clarifies parking standards from ECDC 17.50.020.C.4 while staying
11
ECDC 17.50.020.C.5
1
spaces per classroom, or one space per
Needs Clarification
consistent with ECDC 17.100.050.M
daytime employee, whichever is greater"
"6. High schools (senior): one space per
12
ECDC 17.50.020.C.6
daytime employee"
1
Eliminate section
Inconsistency
Consistency with ECDC 17.100.050.M.
"A. Square Feet. Unless otherwise specified,
"A. Square Feet. Unless otherwise
square feet refers to the gross building square
specified, square feet refers to the gross
Not consistent with outdoor dining ECDC 17.75.010.E (No additional
13
17.50.030.A
footage, including outdoor areas used for the
1
building square footage, including outdoor
Inconsistency
parking stalls shall be required for outdoor dining usage.)
same use (such as an outdoor eating area for
areas used for the same use."
a restaurant)."
Council extended the Designated Street Front in BD in 2022.
14
17.50.070.B
"Edmonds"
1
"Daley"
Inconsistency
Consistency with 16.43 designated street front map to include all
parcels.
Packet Pg. 42
7.7.b
IN _—T
Add illustration with heading "Figure
Illustration is included EV
15
17.115.020
"',,-0',,,
1
17.115.-1: Electric Vehicle Charging
Needs Clarification
on website to clarify charging capacity
Capacities"
requirements.
ECDC 18.00.010.A; ECDC 18.05.040;
ECDC 18.10.010.A; ECDC 18.20.040.6;
ECDC 18.30.050.C; ECDC 18.60.040; ECDC
16
18.80.060.A; ECDC 20.15.A.290.A.1;
"Chapter 15.00 ECDC"
15
"ECDC 15.00.020"
Needs Clarification
Clarifiies location of Fee Schedule
ECDC 20.60.100; ECDC 20.75.040.D;
ECDC 20.75.050.E; ECDC 20.75.090.E;
ECDC 20.75.110.A; ECDC 20.75.013.A;
ECDC 20.75.145.A
"The director shall have the authority to
"The director shall have the authority to
develop, implement, and enforce policies and
develop, implement and enforce policies
17
ECDC 18.30.020.13
procedures to administer and enforce this
1
(such as the Edmonds Stormwater
Typo
Previous Ord 3792 does not contain these sections (See also ords 4263,
chapter per ECDC 18.30.110 and 18.30.120,
Addendum) and procedures to administer
4044)
such as the Edmonds stormwater addendum"
and enforce this chapter per ECDC
18.30.100."
"Written proposal: seven copies of a written
18
ECDC 18.70.030.B.5.e
proposal in eight and one-half by 11-inch
1
"Written proposal to include:"
Outdated Reference
Multiple copies are not required per digitization
format to include:"
"The continuance is intended to provide the
applicant with sufficient time to prepare the
material required for Phase 1 of the public
Replace underlined "Phase 1" with "Phase
19
ECDC 20.12.020.A.5
hearing, including any design or redesign
1
2„
Typo
Resolves typo.
needed to address the input of the public and
ADB during Phase 1 of the public hearing by
complying with the prioritized checklist."
ECDC 20.30.050.0 reads: "Discontinuance of
Eliminate Section ECDC 20.30.050.6; ECDC
In -lieu parking fees in ECDC 17.50.070 were eliminated when Chapter
Use. If applicant cannot or will not provide
20.30.050.0 will read: Eliminate Section:
17.50 was repealed and replaced in 2004 through Ordinance 3496.
parking, or the in -lieu parking fee, as set forth
"Discontinuance of Use. If applicant cannot
ECDC 17.50.070.D prior to 2004 reads "The in -lieu fee shall be set forth
20
ECDC 20.30.050.6; ECDC 20.30.050.0
in subsections A and B of this section, the
2
or will not provide parking, as set forth in
Outdated Reference
applicant will discontinue the use, or that
subsection A of this section, the applicant
in chapter 15.00." Parking in -lieu fees were codified in ECDC
portion of use causing the parking
will discontinue the use, or that portion of
15.00.030(B). ECDC 15.00.030 was eliminated in 1996 under Ordinance
deficiency..."
use causing the parking deficiency..."
3108
"C= Conditionally permitted through design
"C =Conditionally permitted if consistent
21
ECDC 20.60.020.M Note
review if consistent with the standards
1
with the standards itemized in subsection
Outdated Reference
Sign permits do not require ADB approval
itemized in subsection (N) of this section"
(N) of this section"
"A reproducible copy of the preliminary plat
22
ECDC 20.75.040
and the number of prints required by the
1
"The preliminary plat"
Outdated Reference
Digital applications do not require multiple or reproducible paper copies
planning and development department"
There is no specific form. Lot line adjustment and subdivision applicants
23
ECDC 20.75.040; ECDC 20.75.050.D
"forms"
2
Eliminate references to forms
Outdated Reference
are required to submit the required material listed in 20.75.040 and
20.75.050.D through the MyBuildingPermit portal.
"Gross lot area for the original parcels and the
"Gross and net lot area for the original
Clarification. Applicants are required to provide lot area including
24
ECDC 20.75.050.D.1.d
proposed parcels (gross lot area does not
1
parcels and the proposed parcels (net lot
Needs Clarification
vehicular access easements (gross) as well as the area with access
include any lot area devoted to vehicular
area does not include any lot area devoted
easements deducted (net).
ingress/egress easements)"
to vehicular ingress/egress easements)"
25
ECDC 20.75.065.13
ECDC 20.75.065.13
1
Eliminate Code Section
Redundant
Redundant with ECDC 20.03
Packet Pg. 43
7.7.b
26
ECDC 20.75.085
"city health officer"
1
"Snohomish County health officer"
Outdated Reference
Snohomish County is the regulatory authority
27
ECDC 20.75.140.G
"city of Edmonds health officer"
1
"Snohomish County health officer"
Outdated Reference
Snohomish County is the regulatory authority
28
ECDC 23.40.240.E
"18.45.070.6 and 18.45.070.C," "18.45.070
2
"23.10.100.C," and "23.10.100.C"
Outdated Reference
ECDC Chapter 18.45 was repealed by Ordinance 4218 in 2021 and
and 18.45.075"
replaced with Chapter 23.10
Eliminate outdated exclusionary language unless specification of
citizenship is required or name of an established Commission. 'Citizen'
29
Throughout
"citizen"
57
"resident"
Outdated Reference
occurs 76 times in total, but only 18 instances should remain as such.
United States Census Bureau 2020 American Community Survey
identifies 7%of the population of Edmonds as non -US citizens.
Refer to 2.10.050. Community Development Department was
established in 1980 under Ordinance 2136 and renamed in 1999 as
30
Throughout
"Community Development director"
17
"Planning and Development director"
Outdated Reference
Development Services Department under Ordinance 3279.
Development Services was renamed to Planning and Development
under Ordinance 4299 in 2023.
Refer to 2.10.050. Community Service Department was created under
Ordinance 2442 in 1984, and the Community Service Director was the
administrative head of Community Services Department which included
31
Throughout
"Community Services director"
46
"Public Works director" or "Planning and
Outdated Reference
the engineering division, public works, planning, and parks a
Development Director"
recreations. It was repealed in 1999 under Ordinance 3279. Ordinance
3959 from 2014 further clarified divisions. At no point in time, as
codified, does the position refer to the current position of "Community
Services Director, currently held by Todd Tatum
32
Throughout
"Finance director"
38
"Administrative Services director"
Outdated Reference
Refer to 2.10.050. Administrative Services Department created in 1984
under Ordinance 2443 and renamed "Finance Department."
Consistency within ECDC and with Washington State Department of
33
Throughout
"Storm water"
46
"stormwater"
Inconsistency
Ecology and United States Environmental Protection Agency.
Stormwater is a distinct type of water that is used as a single noun.
N
O
al
R
Y
V
M
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r
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O
E
C
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Q
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O
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Packet Pg. 44
7.7.c
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING VARIOUS MINOR UPDATES
TO THE EDMONDS CITY CODE AND THE EDMONDS
COMMUNITY DEVELOPMENT CODE, NONE OF WHICH
CONSTITUTE SUBSTANTIVE POLICY CHANGES
WHEREAS, the city council adopted Ordinance 4295 to create a streamlined process
for updating the city code; and
WHEREAS, the streamlined process is intended for code amendments that are minor,
noncontroversial, and lacking any substantive policy changes that would require more in depth
consideration; and
WHEREAS, the amendments adopted by this ordinance have been deemed appropriate
for this new streamlined process in that no councilmember requested that any of these
amendments be removed from the streamlined process; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 2.25.050 of the Edmonds City Code, entitled "Travel authorization
and expense reimbursement policies," is hereby amended to read as shown in Exhibit A, which
is attached hereto and incorporated herein as if fully set forth (new text is shown in underline;
deleted text is shown in str7kedffettgh).
Section 2. Section 2.50.010 of the Edmonds City Code, entitled "Firemen's pension
board created," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in strilethfettgh).
Section 3. Section 3.17.010 of the Edmonds City Code, entitled "Historic preservation
gift fund," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in strilethfetigh).
1
ATTACHM Packet Pg. 45
7.7.c
Section 4. Section 3.20.050 of the Edmonds City Code, entitled "Occupations subject
to tax - Amounts," is hereby amended to read as shown in Exhibit A, which is attached hereto
and incorporated herein as if fully set forth (new text is shown in underline; deleted text is
shown in s4ikethFough).
Section 5. Section 3.22.030 of the Edmonds City Code, entitled "Repayment directed,"
is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated
herein as if fully set forth (new text is shown in underline; deleted text is shown in
Section 6. Section 3.30.060 of the Edmonds City Code, entitled "Authorization to
contract with state," is hereby amended to read as shown in Exhibit A, which is attached hereto
and incorporated herein as if fully set forth (new text is shown in underline; deleted text is
shown in strikethfettgh).
Section 7. Section 3.34.060 of the Edmonds City Code, entitled "Special fund
created —Purposes enumerated," is hereby amended to read as shown in Exhibit A,
which is attached hereto and incorporated herein as if fully set forth (new text is shown in
underline; deleted text is shown in s4ikethr-eugh).
Section 8. Section 3.36.080 of the Edmonds City Code, entitled "Establishment of
impact fee accounts," is hereby deleted as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (deleted text is shown in s4ikethr-eugh).
Section 9. Section 3.40.030 of the Edmonds City Code, entitled "Form of bonds," is
hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated
herein as if fully set forth (new text is shown in underline; deleted text is shown in
Section 10. Section 3.40.050 of the Edmonds City Code, entitled "Delinquent
assessments — Acceleration of installments due," is hereby amended to read as shown in Exhibit
A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in
underline; deleted text is shown in s4ikethr-eugh).
Section 11. Section 3.40.070 of the Edmonds City Code, entitled "Improvement orders
— Special funds," is hereby amended to read as shown in Exhibit A, which is attached hereto
W
ATTACHM Packet Pg. 46
7.7.c
and incorporated herein as if fully set forth (new text is shown in underline; deleted text is
shown in str-ikethfottg ).
Section 12. Section 3.40.100 of the Edmonds City Code, entitled "Awarding contract —
Rejection of bids — Failure of successful bidder to perform," is hereby amended to read as shown
in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is
shown in underline; deleted text is shown in str-ikethfottg ).
Section 13. Section 3.40.110 of the Edmonds City Code, entitled "Letting contract —
Restrictions — Estimated costs — Payment of warrants," is hereby deleted as shown in Exhibit
A, which is attached hereto and incorporated herein as if fully set forth (deleted text is shown
in str-ikethfottgh).
Section 14. Section 3.40.120 of the Edmonds City Code, entitled "Fixed estimate costs
- Procedure," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in str-iketh f ,ttg ).
Section 15. Section 3.40.140 of the Edmonds City Code, entitled "Reductions in area of
assessments" is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in s4ikethr-eugh).
Section 16. Section 3.75.080 of the Edmonds City Code, entitled "Delinquent
payments," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in striledffetigh).
Section 17. Section 3.75.100 of the Edmonds City Code, entitled "Disputes," is hereby
amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if
fully set forth (new text is shown in underline; deleted text is shown in strilethfetigh)•
Section 18. Section 3.75.110 of the Edmonds Community Development Code, entitled
"Expenditures," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in strilethfetigh).
3
ATTACHM Packet Pg. 47
7.7.c
Section 19. Section 3.75.120 of the Edmonds Community Development Code, entitled
"Members advisory board," is hereby amended to read as shown in Exhibit A, which is attached
hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text
is shown in strikedffetigh).
Section 20. Section 3.75.130 of the Edmonds City Code, entitled "Business
improvement district fund oversight and programmatic support," is hereby amended to read as
shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth
(new text is shown in underline; deleted text is shown in st-Filethfough).
Section 21. Section 4.68.100 of the Edmonds City Code, entitled "Construction in right-
of-way," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in strilethfettgh).
Section 22. Section 5.48.030 of the Edmonds Community Development Code, entitled
"Authority to accept bail," is hereby amended to read as shown in Exhibit A, which is attached
hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text
is shown in strilethr-etigh).
Section 23. Chapter 6.10 of the Edmonds Community Development Code, entitled
"Health officer - duties," is hereby deleted as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (deleted text is shown in st-Filethr-ettgh).
Section 24. Section 6.20.020 of the Edmonds City Code, entitled "Definitions," is
hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated
herein as if fully set forth (new text is shown in underline; deleted text is shown in
Section 25. Section 6.20.042 of the Edmonds City Code, entitled "Health and safety
nuisances," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in strilethfettgh).
Section 26. Section 6.20.050 of the Edmonds City Code, entitled "Enforcement and
abatement," is hereby amended to read as shown in Exhibit A, which is attached hereto and
4
ATTACHM Packet Pg. 48
7.7.c
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in str4keth f,,,,g ).
Section 27. Section 6.20.060 of the Edmonds City Code, entitled "Separate abatement
proceedings for junk vehicles," is hereby amended to read as shown in Exhibit A, which is
attached hereto and incorporated herein as if fully set forth (new text is shown in underline;
deleted text is shown in str-ikethfough).
Section 28. Section 7.10.025 of the Edmonds City Code, entitled "Delinquency charge"
is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated
herein as if fully set forth (new text is shown in underline; deleted text is shown in
Section 29. Section 7.10.060 of the Edmonds City Code, entitled "Limitation on water
use," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in str-ikethr-,,,,g ).
Section 30. Section 7.10.061 of the Edmonds City Code, entitled "Water restrictions —
Powers of the city," is hereby amended to read as shown in Exhibit A, which is attached hereto
and incorporated herein as if fully set forth (new text is shown in underline; deleted text is
shown in stfikethr-ough)
Section 31. Section 7.10.062 of the Edmonds City Code, entitled "Water restrictions -
Surcharge," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in str4keth f,,,,g ).
Section 32. Section 7.10.063 of the Edmonds City Code, entitled "Enforcement," is
hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated
herein as if fully set forth (new text is shown in underline; deleted text is shown in
Section 33. Section 7.10.065 of the Edmonds Community Development Code, entitled
"Suspension of service — Failure to comply with sewer connection notice," is hereby amended
to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set
E
ATTACHM Packet Pg. 49
7.7.c
forth (new text is shown in underline; deleted text is shown in strip).
Section 34. Section 7.20.050 of the Edmonds Community Development Code, entitled
"Adoption of state regulations," is hereby amended to read as shown in Exhibit A, which is
attached hereto and incorporated herein as if fully set forth (new text is shown in underline;
deleted text is shown in str4kethfough).
Section 35. Section 7.80.050 of the Edmonds City Code, entitled "Reporting of
proposed rates," is hereby amended to read as shown in Exhibit A, which is attached hereto
and incorporated herein as if fully set forth (new text is shown in underline; deleted text is
shown in str4kethfough).
Section 36. Section 8.48.610 of the Edmonds City Code, entitled "Contract for towing
and storage," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in str4keth f,,,,g ).
Section 37. Section 8.48.611 of the Edmonds City Code, entitled "Contract for towing
and storage — Financial responsibility," is hereby amended to read as shown in Exhibit A, which
is attached hereto and incorporated herein as if fully set forth (new text is shown in underline;
deleted text is shown in strip).
Section 38. Section 9.20.030 of the Edmonds City Code, entitled "Notice of work to be
done — Assessment procedures," is hereby amended to read as shown in Exhibit A, which is
attached hereto and incorporated herein as if fully set forth (new text is shown in underline;
deleted text is shown in strileugh).
Section 39. Section 9.20.090 of the Edmonds City Code, entitled "Enforcement
responsibility," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in strip).
Section 40. Chapter 10.15 of the Edmonds City Code, entitled "Building board of
appeals," is hereby deleted as shown in Exhibit A, which is attached hereto and incorporated
herein as if fully set forth (deleted text is shown in strikethr-eugk).
Section 41. Section 10.16.060 of the Edmonds City Code, entitled "Funds for
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improvement and maintenance of the cemetery," is hereby amended to read as shown in Exhibit
A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in
underline; deleted text is shown in s4ikethr-eugh).
Section 42. Chapter 15.00 of the Edmonds Community Development Code, entitled
"Preface and fees," is hereby amended to read as shown in Exhibit A, which is attached hereto
and incorporated herein as if fully set forth (new text is shown in underline; deleted text is
shown in strikedffetigh).
Section 43. Section 16.43.020 of the Edmonds Community Development Code, entitled
"Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in strikethfetigh).
Section 44. Section 16.45.010 of the Edmonds Community Development Code, entitled
"Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in strikethfettgh).
Section 45. Section 16.50.010 of the Edmonds Community Development Code, entitled
"Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in st-Fikethfetigh).
Section 46. Section 16.55.010 of the Edmonds Community Development Code, entitled
"Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in strikethfettgh).
Section 47. Section 16.60.010 of the Edmonds Community Development Code, entitled
"Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in strikethfettgh).
Section 48. Section 16.62.010 of the Edmonds Community Development Code, entitled
"Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and
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incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in str4keth f,,,,g ).
Section 49. Section 16.100.030 of the Edmonds Community Development Code,
entitled "Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in str4keth f,,,,g ).
Section 50. Section 16.110.010 of the Edmonds Community Development Code,
entitled "Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in str-ileugh).
Section 51. Section 17.05.020 of the Edmonds Community Development Code, entitled
"Reasonable accommodations," is hereby amended to read as shown in Exhibit A, which is
attached hereto and incorporated herein as if fully set forth (new text is shown in underline;
deleted text is shown in str4kethfough).
Section 52. Section 17.05.040 of the Edmonds Community Development Code, entitled
"Accommodations personal to the applicant," is hereby amended to read as shown in Exhibit
A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in
underline; deleted text is shown in stfikethr-oug ).
Section 53. Section 17.05.050 of the Edmonds Community Development Code, entitled
"Appeal," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in str4keth f,,,,g ).
Section 54. Section 17.10.000 of the Edmonds Community Development Code, entitled
"Bond required," is hereby amended to read as shown in Exhibit A, which is attached hereto
and incorporated herein as if fully set forth (new text is shown in underline; deleted text is
shown in str4kethfough).
Section 55. Chapter 17.30 of the Edmonds Community Development Code, entitled
"Fences," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
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in str4keth f,,,,g ).
Section 56. Chapter 17.35 of the Edmonds Community Development Code, entitled
"Animals," is hereby deleted as shown in Exhibit A, which is attached hereto and incorporated
herein as if fully set forth (deleted text is shown in s4ikethr-eugk).
Section 57. Section 17.50.020 of the Edmonds Community Development Code, entitled
"Parking space requirements," is hereby amended to read as shown in Exhibit A, which is
attached hereto and incorporated herein as if fully set forth (new text is shown in underline;
deleted text is shown in strikedffettgh).
Section 58. Section 17.50.030 of the Edmonds Community Development Code, entitled
"Calculations," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in strikedffetigh).
Section 59. Section 17.50.070 of the Edmonds Community Development Code, entitled
"Downtown business area parking requirements," is hereby amended to read as shown in
Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is
shown in underline; deleted text is shown in strikedffettgh).
Section 60. Section 17.50.090 of the Edmonds Community Development Code, entitled
"Temporary parking lots," is hereby amended to read as shown in Exhibit A, which is attached
hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text
is shown in strikethfettgh).
Section 61. Section 17.70.000 of the Edmonds Community Development Code, entitled
"Security units," is hereby amended to read as shown in Exhibit A, which is attached hereto
and incorporated herein as if fully set forth (new text is shown in underline; deleted text is
shown in strikethr-ough).
Section 62. Section 17.115.020 of the Edmonds Community Development Code,
entitled "Definitions," is hereby amended to read as shown in Exhibit A, which is attached
hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text
is shown in strikethfettgh).
Section 63. Section 18.00.010 of the Edmonds Community Development Code, entitled
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"Application," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in st-Fikedffettgh).
Section 64. Section 18.05.000 of the Edmonds Community Development Code, entitled
"Scope," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in strikethfettgh).
Section 65. Section 18.05.040 of the Edmonds Community Development Code, entitled
"Variances," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in strikethfetigh).
Section 66. Section 18.10.010 of the Edmonds Community Development Code, entitled
"Sewer connections," is hereby amended to read as shown in Exhibit A, which is attached
hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text
is shown in strilethfettgh).
Section 67. Section 18.20.040 of the Edmonds Community Development Code, entitled
"Permits," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in st-Fikethfetigh).
Section 68. Section 18.30.010 of the Edmonds Community Development Code, entitled
"Definitions," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in strikethfettgh).
Section 69. Section 18.30.020 of the Edmonds Community Development Code, entitled
"Authority and regulation," is hereby amended to read as shown in Exhibit A, which is attached
hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text
is shown in strilethfettgh).
Section 70. Section 18.30.050 of the Edmonds Community Development Code, entitled
"Administration," is hereby amended to read as shown in Exhibit A, which is attached hereto
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and incorporated herein as if fully set forth (new text is shown in underline; deleted text is
shown in str-ikethfottg ).
Section 71. Section 18.30.090 of the Edmonds Community Development Code, entitled
"Post construction inspection and maintenance roles and responsibilities," is hereby amended
to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set
forth (new text is shown in underline; deleted text is shown in stfikethr-oug ).
Section 72. Section 18.60.040 of the Edmonds Community Development Code, entitled
"Fees," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in str-ikethfottgh).
Section 73. Section 18.70.030 of the Edmonds Community Development Code, entitled
"Review," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in striketh fottgh).
Section 74. Section 18.80.060 of the Edmonds Community Development Code, entitled
"Driveway and curb cut requirements," is hereby amended to read as shown in Exhibit A,
which is attached hereto and incorporated herein as if fully set forth (new text is shown in
underline; deleted text is shown in stfikethr-oug ).
Section 75. Section 19.00.025 of the Edmonds Community Development Code, entitled
"International Building Code section amendments," is hereby amended to read as shown in
Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is
shown in underline; deleted text is shown in str-ikethfottg ).
Section 76. Section 20.05.020 of the Edmonds Community Development Code, entitled
"General requirements," is hereby amended to read as shown in Exhibit A, which is attached
hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text
is shown in str-ikethfottg ).
Section 77. Section 20.12.020 of the Edmonds Community Development Code, entitled
"Design review by the architectural design board," is hereby amended to read as shown in
Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is
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shown in underline; deleted text is shown in str4kethfough).
Section 78. Section 20.15A.290 of the Edmonds Community Development Code,
entitled "Fees," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in str4keth f ,,,g ).
Section 79. Section 20.30.020 of the Edmonds Community Development Code, entitled
"Review," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in str4keth f,,,,g ).
Section 80. Section 20.30.050 of the Edmonds Community Development Code, entitled
"Loss of join use," is hereby amended to read as shown in Exhibit A, which is attached hereto
and incorporated herein as if fully set forth (new text is shown in underline; deleted text is
shown in str-ikethfotig ).
Section 81. Section 20.50.010 of the Edmonds Community Development Code, entitled
"Purpose," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in str4keth f,,,,g ).
Section 82. Section 20.60.020 of the Edmonds Community Development Code, entitled
"General regulations for permanent signs," is hereby amended to read as shown in Exhibit A,
which is attached hereto and incorporated herein as if fully set forth (new text is shown in
underline; deleted text is shown in st-Fikethr-oug ).
Section 83. Section 20.60.100 of the Edmonds Community Development Code, entitled
"Administration," is hereby amended to read as shown in Exhibit A, which is attached hereto
and incorporated herein as if fully set forth (new text is shown in underline; deleted text is
shown in str4kethfough).
Section 84. Section 20.75.040 of the Edmonds Community Development Code, entitled
"Application," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in str4keth f,,,,g ).
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Section 85. Section 20.75.050 of the Edmonds Community Development Code, entitled
"Lot line adjustment — Application," is hereby amended to read as shown in Exhibit A, which
is attached hereto and incorporated herein as if fully set forth (new text is shown in underline;
deleted text is shown in striledffetigh).
Section 86. Section 20.75.065 of the Edmonds Community Development Code, entitled
"Preliminary review," is hereby amended to read as shown in Exhibit A, which is attached
hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text
is shown in st-Filethfough).
Section 87. Section 20.75.085 of the Edmonds Community Development Code, entitled
"Review criteria," is hereby amended to read as shown in Exhibit A, which is attached hereto
and incorporated herein as if fully set forth (deleted text is shown in st-Filethr-etigh).
Section 88. Section 20.75.090 of the Edmonds Community Development Code, entitled
"Park land dedication," is hereby amended to read as shown in Exhibit A, which is attached
hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text
is shown in strilethfettgh).
Section 89. Section 20.75.110 of the Edmonds Community Development Code, entitled
"Changes," is hereby amended to read as shown in Exhibit A, which is attached hereto and
incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown
in st-Filethfetigh).
Section 90. Section 20.75.130 of the Edmonds Community Development Code, entitled
"Installation of improvements," is hereby amended to read as shown in Exhibit A, which is
attached hereto and incorporated herein as if fully set forth (new text is shown in underline;
deleted text is shown in st-Filethr-etigh).
Section 91. Section 20.75.140 of the Edmonds Community Development Code, entitled
"Final plat — Required certificates," is hereby amended to read as shown in Exhibit A, which
is attached hereto and incorporated herein as if fully set forth (new text is shown in underline;
deleted text is shown in striledffettgh).
Section 92. Section 20.75.145 of the Edmonds Community Development Code, entitled
"Final plat — Accompanying material," is hereby amended to read as shown in Exhibit A, which
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is attached hereto and incorporated herein as if fully set forth (new text is shown in underline;
deleted text is shown in str4kethfough).
Section 93. Section 20.85.020 of the Edmonds Community Development Code, entitled
"General requirements," is hereby amended to read as shown in Exhibit A, which is attached
hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text
is shown in str4kethfough).
Section 94. Section 20.110.040 of the Edmonds Community Development Code,
entitled "Enforcement procedures," is hereby amended to read as shown in Exhibit A, which is
attached hereto and incorporated herein as if fully set forth (new text is shown in underline;
deleted text is shown in str-ikethr-oug ).
Section 95. Section 21.80.020 of the Edmonds Community Development Code, entitled
"Permit coordinator," is hereby amended to read as shown in Exhibit A, which is attached
hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text
is shown in str4kethfough).
Section 96. Section 22.110.000 of the Edmonds Community Development Code,
entitled "Purpose and intent," is hereby amended to read as shown in Exhibit A, which is
attached hereto and incorporated herein as if fully set forth (new text is shown in underline;
deleted text is shown in str-ikethfoiig ).
Section 97. Section 22.110.030 of the Edmonds Community Development Code,
entitled "Green building construction and housing," is hereby amended to read as shown in
Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is
shown in underline; deleted text is shown in str4kethfough).
Section 98. Section 22.110.070 of the Edmonds Community Development Code,
entitled "Amenity space, open space, and green factor standards," is hereby amended to read as
shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new
text is shown in underline; deleted text is shown in stfikethr-oug ).
Section 99. Section 22.110.080 of the Edmonds Community Development Code,
entitled "Public space standards," is hereby amended to read as shown in Exhibit A, which is
attached hereto and incorporated herein as if fully set forth (new text is shown in underline;
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deleted text is shown in str-ikethfoug ).
Section 100. Section 23.40.005 of the Edmonds Community Development Code,
entitled "Definitions pertaining to critical areas," is hereby amended to read as shown in Exhibit
A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in
underline; deleted text is shown in stfikethr-oug ).
Section 101. Section 23.40.020 of the Edmonds Community Development Code,
entitled "Relationship to other regulations," is hereby amended to read as shown in Exhibit A,
which is attached hereto and incorporated herein as if fully set forth (new text is shown in
underline; deleted text is shown in stfikethr-oug ).
Section 102. Section 23.40.090 of the Edmonds Community Development Code,
entitled "Critical areas report - Requirements," is hereby amended to read as shown in Exhibit
A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in
underline; deleted text is shown in stfikethr-oug ).
Section 103. Section 23.40.220 of the Edmonds Community Development Code,
entitled "Allowed activities," is hereby amended to read as shown in Exhibit A, which is
attached hereto and incorporated herein as if fully set forth (new text is shown in underline;
deleted text is shown in str-ikethfoug ).
Section 104. Section 23.40.240 of the Edmonds Community Development Code,
entitled "Unauthorized critical area alterations and enforcement," is hereby amended to read as
shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new
text is shown in underline; deleted text is shown in str-ikethr-eug ).
Section 105. Section 23.50.040 of the Edmonds Community Development Code,
entitled "Development standards - Wetlands," is hereby amended to read as shown in Exhibit
A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in
underline; deleted text is shown in str-ikethr-eug ).
Section 106. Section 23.80.040 of the Edmonds Community Development Code,
entitled "Allowed activities — Geologically hazardous areas," is hereby amended to read as
shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new
text is shown in underline; deleted text is shown in stfikethr-oug ).
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Section 107. Section 23.80.070 of the Edmonds Community Development Code,
entitled "Development standards — Specific hazards," is hereby amended to read as shown in
Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is
shown in underline; deleted text is shown in kedffetigh)•
Section 108. Section 23.90.040 of the Edmonds Community Development Code,
entitled "Development standards — Specific habitats," is hereby amended to read as shown in
Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is
shown in underline; deleted text is shown in strilethfough).
Section 109. 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 110. Effective Date. This ordinance, being an administrative function of the city
council, is not subject to referendum and shall take effect five (5) days after passage and
publication of an approved summary thereof consisting of the title.
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APPROVED:
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY_ JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
MAYOR MIKE NELSON
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SUMMARY OF ORDINANCE NO.
of the City of Edmonds, Washington
On the day of , 2023, the City Council of the City of Edmonds, passed
Ordinance No. A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING VARIOUS MINOR
UPDATES TO THE EDMONDS CITY CODE AND THE
EDMONDS COMMUNITY DEVELOPMENT CODE,
NONE OF WHICH CONSTITUTE SUBSTANTIVE
POLICY CHANGES
The full text of this Ordinance will be mailed upon request.
DATED this day of , 2023.
4840-7251-8158,v.1
CITY CLERK, SCOTT PASSEY
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AMD2023-0005 REVISED Minor Code Amendment Package 2
Section 2.25.050 Travel authorization and expense reimbursement policies.
A. Policy. It is the city's policy to provide payment for the reasonable accommodation of travel required to conduct
city business by city officials and employees.
B. Applicability. This section and the policies contained herein shall be applicable to all elected officials, members
of boards and commissions and city employees unless otherwise specifically exempted.
C. Authorization for Travel. All requests for travel or training shall be submitted and approved on an authorization
to travel and attend training form prior to the person's departure date.
1. All anticipated costs should be listed on the form, whether the costs are known or reasonably estimated.
2. The mayor is authorized to approve all employee's requests which are included within the city's annual
budget.
D. Travel and Training Request — City Council Approval. City council president approval must be obtained of all
travel and training requests for members of the city council and members of city boards and commissions.
E. Accommodations. Accommodations, such as transportation, lodging and conference registration shall normally
be arranged in advance by designated staff member and billed directly to the city. Accommodations shall be made at
the lowest reasonable rate available, such as coach fare for air transportation, use of special discounts and single
occupancy government rates for lodging. Air travel should be used when other reasonable methods of transport are
not otherwise available and time schedules require the additional expense.
F. Advance Payment of Expenses. Pursuant to ECC 2.25.070, advance payment of authorized expenses in excess of
$100.00, as listed on the authorization to attend/travel form, will be provided upon request. Request for an advance
payment must be made at least one week prior to the departure date.
G. Reimbursement of Travel Expenses.
1. Travel expenses by city officials and employees shall be paid by the city in accordance with the rate schedule
listed below. Expense vouchers must be submitted for payment within 10 days following the individual's
return. Expense receipts and/or credit card receipts must be submitted for city payment. If a receipt has been
lost or stolen, the employee should submit a written statement to the Ananee dir-eeter- administrative services
director explaining the circumstances of the missing receipt. Reimbursements based on this process may be
issued. Reimbursement for any expenses which exceed the limits set forth in this policy shall require approval
of the city council.
Transportation:
Air travel — Coach rate
Private car — Current IRS rate
Rental car — Requires prior approval
Lodging:
Regular lodging — Government/commercial rate
Conferences — Conference facility rate
Meals:
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Per diem rate in conformance with the State of Washington Office of Financial Management guidelines in effect at
the time of travel
Communications:
Telephone — One personal call per day kept to a reasonable amount
2. The transportation allowance shall be based upon the direct route round trip costs. Other allowable costs
shall include ferry tolls and off-street parking. Taxis may be used if they are the most reasonable means of
transportation available.
H. Nonallowable Expenses. Expenses not approved for reimbursement include, but are not limited to, alcoholic
beverages, expenses for family or guests, entertainment, travel costs paid by another organization, mileage (if
traveling as a passenger in a nonowned car), limousine services and personal travel insurance. Only the normal,
reasonable and actual expenses will be reimbursed. Public officials and employees utilize public funds for their
expenses and are admonished and requested to limit expenditures to those reasonably necessary to provide safe,
clean and convenient lodging and healthy meals in settings appropriate to the public mission with which they have
been entrusted.
I. Use of Private Cars. Private cars should be used by city officials and employees whenever a city vehicle is not
available and/or the time the official or employee will be absent exceeds two or more days. Drivers must have a
valid operator's license, and the car must be insured to the state's minimum liability standards. The mayor, members
of the city council, boards and commissions shall not be reimbursed for mileage expenses incurred within the city
limits of Edmonds. City employees will be reimbursed for mileage when using a private vehicle within the city
limits when such use is in furtherance of city business. The city's mileage reimbursement rate is intended to cover
the cost of fuel, maintenance and insurance costs. Persons using a private vehicle and seeking reimbursement for
mileage must maintain a valid driver's license and individual auto insurance, including public liability, bodily injury
and property damage, which insurance shall be deemed to be primary as to any other insurance available to the city.
If a private vehicle is used in lieu of air transportation, the total amount of reimbursement shall not exceed the cost
of air fare as established in subsection (G) of this section. [Ord. 3917 § 1, 2013; Ord. 3512 § 1, 2004; Ord. 3214 § 1,
1998; Ord. 2953 § 1, 1993; Ord. 2893 § 1, 1992; Ord. 2873 § 1, 1992].
Section 2.50.010 Firemen's pension board created.
A. There is hereby created the Edmonds firemen's pension board to consist of the following five members:
1. The mayor, who shall be chairman of the board;
2. The city clerk;
3. The finanee dire ter- administrative services director; and
4. Two regularly employed firemen elected by secret ballot of the firemen.
B. The first members to be elected by the firemen shall serve for a term of one and two years, respectively, and their
successors shall be elected annually for a two-year term. The two firemen so elected shall, in turn, select a third
fireman who shall serve as an alternate in the event of absence of one of the regularly selected firemen. [Ord. 1133 §
1, 1965].
Section 3.17.010 Historic preservation gift fund.
The finanee dire ter- administrative services director is hereby authorized to create and number a new fund to be
known as the "historic preservation gift fund" for the purpose of receiving donations from the city's citizen residents
or from any interested party for, or in aid of, the cost of promoting or supporting the city's historic preservation
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programs and the activities of its historic preservation commission. This fund is created and shall be maintained with
the intent that such donations shall be potentially tax deductible and in accordance with the laws of the United States
and the regulations of the Internal Revenue Service. [Ord. 3896 § 1, 2012].
3.20.050 Occupations subject to tax — Amounts.
Sellers of electricity, gas, water, sewer, cable television and telephone services shall be subject to the taxes imposed
by this chapter. There are levied upon, and shall be collected from, every person, firm, corporation or other entity on
account of the business activities, license and occupation taxes in the amounts to be determined by the application of
the rates against gross income as follows:
A. Public Utility Districts. Upon every person, firm, corporation or other entity engaged in or carrying on the
business of selling or furnishing electrical energy and power a tax equal to six percent is levied upon the total gross
income from the sale of electricity within the corporate limits of the city during and for the term for which the
occupation license is required; provided, however, that there shall be no tax or fee upon revenues derived from the
sale of electricity for the purposes of resale.
B. Natural or Manufactured Gas and Service. Upon every person, firm, corporation or other entity engaged in or
carrying on the business of transmitting, distributing, selling and furnishing natural and/or manufactured gas, a tax
equal to six percent of the total gross income from the sale of gas within the corporate limits of the city during and
for the term for which the occupation license is required.
C. Brokered Natural Gas — Use Tax in Lieu of Occupations Tax. There is imposed under the authority of RCW
35.21.870 a use tax on the consumers of brokered natural gas. Such tax shall be in lieu of the tax imposed by
subsection (B) of this section when consumers receive natural gas directly from a producer of manufactured natural
gas outside of the state of Washington. Such tax shall be the same as that imposed on a natural manufactured gas
utility by subsection (B) of this section, equal to six percent of the customer's monthly purchases or other use charge
by the broker of out-of-state natural gas.
D. Telephone Business. A tax equal to six percent of the gross subscribers' exchange monthly service charges billed
to business and residence customers located within the corporate limits of the city, together with six percent of gross
income derived from intrastate toll service provided to business and residential customers located within the
corporate limits of the city.
E. Cable Television. Pursuant to Chapter 4.68 ECC, community antenna television systems, commonly known as
cable television franchisees, are hereby levied a franchise fee of five percent, as authorized by 47 U.S.C. Section
542(a) and RCW 35.21.860, on all gross revenues derived from any source of revenue by cable television
franchisees from their cable television operations in the city of Edmonds. In addition thereto, a business license tax,
as authorized in part by 47 U.S.C. Section 542(g)(2)(A), is hereby levied equal to six percent on all gross revenues
derived from any source of revenue by cable television franchisees from their cable television operations in the city
of Edmonds.
F. City Sewer Utility. The city of Edmonds, as a seller of sewer services, shall be subject to the tax imposed by this
chapter. The sewer utility shall pay a license fee or tax equal to 10 percent of the gross income from the city's sewer
utility.
G. Solid Waste Haulers. Any solid waste hauler shall be subject to the tax imposed by this chapter. The solid waste
hauler shall pay a tax equal to six percent of the total gross income from the charges derived from solid waste
disposal services within the corporate limits of the city during and for the term for which the occupation license is
required.
H. City Water Utility. The city of Edmonds, as the seller of water services, shall be subject to the tax imposed by
this chapter. The water utility shall pay a license tax or fee equal to the percentage shown in the table below for the
given year on the gross income from the city's water utility:
ATTACHM Packet Pg. 65
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Water Utility Tax Rate
Year
Tax Rate
(Current) 2016
18.70%
2017
17.07%
2018
15.50%
2019
14.05%
2020
12.68%
2021
10%
I. City S Stormwater Utility. The city of Edmonds, as the seller of per stormwater services, shall
be subject to the tax imposed by this chapter. The per stormwater utility shall pay a license tax or fee equal
to 10 percent on the gross income from the city's stafvA wate stormwater utility. [Ord. 4051 § 1, 2016; Ord. 3953 §
1, 2013; Ord. 3745 § 1, 2009; Ord. 3709 § 1, 2008; Ord. 3688 § 1, 2008; Ord. 3618 § 1, 2006; Ord. 3531 § 1, 2005;
Ord. 3432 § 2, 2002; Ord. 3281 § 1, 1999; Ord. 2899 § 1, 1992; Ord. 2837 § 3, 1991; Ord. 2775-A § 1, 1990; Ord.
2413, 1983; Ord. 2339 § 1, 1982].
Section 3.22.030 Repayment directed.
The administrative services director is directed and authorized to repay such loans, in whole or in part, when
budgeted general fund revenues are received sufficient to cover the projected foreseeable needs of the city for the
ensuing month of the budget year. In the event of doubt regarding the foreseeable needs of the city, the finance
director administrative services director is encouraged to consult with the mayor and council president and to bring
questions regarding borrowing or repayment to the city council for its advice. [Ord. 3431 § 1, 2002].
Section 3.30.060 Authorization to contract with state.
The finance director administrative services director is authorized to execute a contract with the Department of
Revenue of the state of Washington for the administration and collection of the tax imposed by this chapter;
provided, however, that the city attorney shall first approve the form and content of said contract. [Ord. 1833 § 7,
1976].
ATTACHM Packet Pg. 66
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Section 3.34.060 Special fund created — Purposes enumerated.
There is hereby created a special fund to be known as the "tourism promotion fund." All taxes levied hereunder shall
be placed in said fund for the purpose of paying all or any part of the cost of tourism, promotion, acquisition of
tourism -related facilities, or the operation of tourism -related facilities in accordance with the definitions of the terms
tourism, tourism promotion, and tourism -related facility as such terms are defined in RCW 67.28.080. The monies
accumulated in said fund may be invested in interest -bearing securities by the city ananee dire ter- administrative
services director in any manner authorized by law. The city council may agree to the utilization of revenue from
taxes imposed under this chapter for the purposes of funding a multi jurisdictional tourism -related facility. [Ord.
3166 § 1, 1997; Ord. 2539, 1985; Ord. 2010 § 1, 1978].
Section 3.36.080 Establishment of impact fee accounts.
A. Impact fee receipts shall be earmarked specifically and deposited in special interest -bearing accounts.
B. There is hereby established a separate impact fee account for the park impact fees collected pursuant to this
chapter, the park impact account. There is also hereby established a separate impact fee account for the street impact
fees collected pursuant to this chapter, the street impact account. Funds withdrawn from these accounts must be used
in accordance with the provisions of ECC 3.36.100 and applicable state law. Interest earned on the fees shall be
retained in the respective accounts and expended for the purposes for which the impact fees were collected.
C. On an annual basis, the finanee dir-eete f administrative services director shall provide a report to the council on
the impact fee accounts showing the source and amount of all monies collected, earned, or received, and the public
improvements that were financed in whole or in part by impact fees.
D. Impact fees shall be expended or encumbered within 10 years of receipt, unless the council identifies in written
findings extraordinary and compelling reason or reasons for the city to hold the fees beyond the 10-year period.
Under such circumstances, and prior to the expiration of the 10-year period, the council shall establish the period of
time within which the impact fees shall be expended or encumbered. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Art. A),
2016; Ord. 3934 § 1 (Exh. A), 2013].
Section 3.40.030 Form of bonds.
All bonds issued in the pursuance of the provisions of this chapter and the Laws of the State of Washington shall be
in substantially the following form:
STATE OF WASHINGTON
NO.
CITY OF EDMONDS
Local Improvement Bond
L.I.D. No.
N.B. — This bond is issued by virtue of the provisions of RCW 35.54.010 to 35.54.090;
RCW 35.43.040, 35.43.130, et seq.; RCW 35.45.030; and RCW 35.45.070 which reads
as follows:
"Neither the holder nor owner of any bond, interest coupon, or warrant issued against a
local improvement fund shall have any claim therefor against the city or town by which it
is issued, except for payment from the special assessments made for the improvement for
which the bond or warrant was issued and except also for payment from the local
ATTACHM Packet Pg. 67
7.7.c
improvement guarantee fund of the city or town as to bonds issued after the creation of a
local improvement guarantee fund of that city or town. The city or town shall not be
liable to the holder or owner of any bond, interest coupon or warrant for any loss to the
local improvement guarantee fund occurring in the lawful operation thereof.
The bondholder's remedy in case of nonpayment shall be confined to the enforcement of
the special assessments made for the improvement and to the guarantee fund. THE CITY
OF EDMONDS, a municipal corporation of the state of Washington, hereby promises to
pay to or bearer, Dollars lawful money of the United States,
with interest thereon, at the rate of (_) percent, per annum, payable
annually, out of the fund established by Ordinance No. of said city, known as
Local Improvement Fund District No. of the city of Edmonds, and not otherwise,
both principal and interest payable at the office of the Ananee a:r-oetOr administrative
services director of said city.
A coupon is hereto attached for each installment of interest to accrue hereon, and said
interest shall be paid only on presentation and surrender of such coupons to the €mane
dieter administrative services director, but in case this bond is called for payment
before maturity, each and every coupon representing interest not accrued at the time this
bond is payable under such call shall be void. This bond is payable on or before the
day of , 19 , and is subject to call by the Armco dir-eeter- administrative services
director of said city, whenever there shall be sufficient money in said Local Improvement
Fund to pay the same and all unpaid bonds of the series of which this bond is one which
are prior to this bond in numerical order over and above sufficient for the payment of
interest on all unpaid bonds of said series. The city council of said city, as the agent of
said Local Improvement District No. , established by Ordinance No. , has
caused this bond to be issued in the name of said city as the bond of said District, the
bond or the proceeds thereof to be applied in part payment of so much of the cost and
expense of the improvement of and such other work as may be necessary to
make a complete improvement under said Ordinance No. as is levied and assessed
against the property included in said Local Improvement District No. , and
benefited by said improvement, and the said Local Improvement Fund District No.
of the city of Edmonds, has been established by ordinance for the said purpose; and the
holder or holders of this bond shall look only to said fund or to the Local Improvement
Guarantee Fund for the payment of both the principal and interest upon this bond.
The call for payment of this bond or any bond of the series of which this is one, shall be
made by the finance director administrative services director by publishing the same in
the city official newspaper of said city, and when such call is made for the payment of
this bond, it will be paid on the day the next interest coupon thereon shall become due,
after said call, and upon said day, interest upon this bond shall cease.
This bond is one of a series of bonds aggregating in all the principal sum of
$ , issued for said Local Improvement District No. , all of which bonds are
subject to the same terms and conditions as herein expressed.
IN WITNESS WHEREOF, the city of Edmonds has caused these presents to be signed
by its mayor and attested by its clerk, and sealed with its corporate seal this day of
,19
The City of Edmonds,
Uzz
Mayor
ATTACHM Packet Pg. 68
7.7.c
Attest:
City Clerk
No.
There shall be attached to each bond such number of coupons, not exceeding 12, as shall
be required to represent the interest thereon, payable annually for the term of said bonds,
which coupons shall be in substantially the following form:
On the day of 19_
CITY OF EDMONDS, STATE OF WASHINGTON
Promises to pay to the bearer at the office of its finanee direetef administrative services
director
Dollars
being one year's interest due that day on Bond No. of the Bonds of Local
Improvement District No. of the city of Edmonds, and not otherwise provided that
this coupon is subject to all the terms and conditions contained in the bond to which it is
annexed, and if said bond be called for payment before maturity hereof this coupon shall
be void.
The City of Edmonds,
By
Mayor
Attest:
City Clerk
[Ord. 651 § 3, 1954].
Section 3.40.050 Delinquent assessments — Acceleration of installments due.
When any assessment has become delinquent it shall be the duty of the finance director administrative services
director to make and file with the city clerk a statement of all such delinquencies. If on the first day of January in
any year, two installments of any local improvement assessment are delinquent, then all installments shall at that
time become due and payable and the collection thereof enforced by foreclosure. [Ord. 1350 § 1, 1968; Ord. 651 § 5,
1954].
Section 3.40.070 Improvement orders — Special funds.
Every ordinance ordering any improvement shall fix the boundaries of the district which will be assessed to pay the
cost and expense thereof, and shall also create a special fund to be known as "Local Improvement Fund District No.
" into which shall be placed all sums paid on account of such assessment, including interest and penalty thereon,
and in the event of sale of such bonds by the city, all premiums and accrued interest on the bonds issued for such
improvement. It shall be the duty of the finanee director administrative services director to call and pay in numerical
ATTACHM Packet Pg. 69
7.7.c
order such outstanding bonds against any particular improvement fund as he may be able to pay with money on hand
credited to such fund. [Ord. 651 § 7, 1954].
Section 3.40.100 Awarding contract — Rejection of bids — Failure of successful bidder to perform.
A. At the time and place named in such notice to bidders, such bids shall be publicly opened and read; no bid shall
be rejected for informality, but it shall be received as a bid if it can be understood what is meant thereby. The
council shall proceed to determine the lowest bidder and may let such contract to such bidder. The city council shall
have power by resolution to reject any and all bids and to make further calls for bids in the same manner as the
original call, or if in its judgment the improvement or work can be done by the city at less cost than the lowest bid
submitted, it may do so without making a further call for bids or awarding any contract therefor, and in such cases
all checks shall be returned to the bidders by the city clerk; but if the contract be let, then, in such case, all checks
shall be returned to the bidders, except that of the successful bidder, which shall be retained until the contract be
entered into for making such improvement between the bidder and the city in accordance with such bid, and the duly
approved and accepted bond therefor be filed in the office of the city clerk.
B. If said bidder fails to enter into such contract in accordance with his bid within 10 days from the date at which he
is notified that he is the successful bidder, the city clerk shall write or print across the face of the certified check:
"Forfeited to the city of Edmonds, city clerk," and shall deliver said check to the fmance director administrative
services director to be deposited to the credit of the local improvement fund for which the same was given, and the
council shall readvertise for the bids for such work. Neither the city council nor any officer of the city shall have the
power to remit such forfeiture. [Ord. 651 § 10, 1954].
Section 3.40.110 Letting contract — Restrictions — Estimated costs — Payment of warrants.
A. In letting all contracts for public improvements under this chapter, the council shall comply with Chapters 39.04
and 39.08 RCW and the same are hereby incorporated in and made a part of this section by reference.
The council shall further limit the time within which said work shall be completed, and during the time allowed in
the contract for the completion of the work, the city engineer shall, on the last day of each month, issue an estimate
of the amount of work done by the contractor during the month; but shall, after the date for completion of the
contract, furnish no estimate other than the final estimate issued after the completion of the work. Said final estimate
issued by the city engineer shall include, in addition to a statement of the amount of money expended for fixed
estimate costs prior to the date set for the completion of the contract. All fixed estimate costs incurred by the city
after the time fixed in the contract for its completion shall be borne by the contractor as a penalty for failure to
complete the work within the specified time.
B. All estimates of the city engineer shall be filed in the office of the city clerk and by him reported to the council at
the next regular meeting, or at a special meeting called for that purpose, and not more than 95 percent of such
estimate shall be allowed and all warrants ordered in payment thereof shall be drawn only upon the particular local
improvement fund under which the work is done, and which warrants shall bear interest at a rate not to exceed eight
percent per annum from date until redeemed either in money or bonds by the finanee dire ter administrative services
director, and shall cease to draw such interest from and after the date fixed by the fifaflev a:..v, -A-r administrative
services director in a call for the redemption thereof.
C. The five percent required to be held as a reserve to protect laborers and material men for a period of 30 days after
final acceptance of the completion of the work, shall, at the expiration of such period, be paid to the contractor in
warrants on such special fund so far as the same may be free from claims of liens, and which warrants shall draw
interest as above set forth. [Ord. 2565 § 2, 1986; Ord. 1069 § 2, 1964; Ord. 651 § 11, 1954].
ATTACHM Packet Pg. 70
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Section 3.40.120 Fixed estimate costs — Procedure.
The cost and expense incurred by the city in engineering and surveying necessary for such improvement, and all cost
of preparing all necessary data, including the cost of ascertaining the ownership of the property included in the
assessment district, advertising and publishing all notices required to be published, shall be called the "fixed
estimate" and all bidders shall include the amount thereof in all such bids. If the cost and expense of the
improvement to be provided by the mode of payment by bonds the contractor or the contract purchaser of the bonds
shall be required to pay the amount of the fixed estimate in cash or certified check to the f na-nee dir-eeter-
administrative services director to be by him placed to the credit of the local improvement fund with which to
redeem all warrants issued for such fixed estimate, and an amount equal therewith in interest bearing warrants shall
be issued to the contractor or the contract purchaser of the bonds. The finance director administrative services
director shall place so much of said fixed estimate paid in by the contractor or the bond purchaser into the local
improvement district fund as will represent the total sum of the warrants and interest to be drawn on that fund for
fixed estimate costs. The city council shall have the right to vary the amount of the fixed estimate as the
circumstance may require. [Ord. 651 § 12, 1954].
Section 3.40.140 Reductions in area of assessments.
The office of the ananee dire to f administrative services director may accept a reduction in the area of property
subject to an assessment for a local improvement district and apply the balance of the assessment, including interest
and penalties, if any, to the remainder of the property subject to the assessment; provided, that the written consent of
the property owner is filed with the finanee dire ter- administrative services director, and provided further that the
reduction in area will not result in a substantial diminution of the value of the affected property remaining and
subject to assessment. [Ord. 1382 § 1, 1968].
Section 3.75.080 Delinquent payments.
If the assessment is not paid within 60 days after its due date, a delinquency charge shall be added and calculated at
an interest rate of 12 percent per annum of the due amount. The finance ''hector administrative services director is
authorized to use a city of Edmonds approved collection agency to collect any unpaid assessments. Use of a
collection agency will result in a business paying the agency's fee on top of the amount of the BID assessment plus
delinquency charges. [Ord. 3929 § 1 (Att. A), 2013; Ord. 3909 § 1, 2013].
Section 3.75.100 Disputes.
Any member seeking to challenge the amount of an assessment or delinquency charge may submit additional
information concerning the assessment classification and/or square footage of the business to the finaneo dire .,,-
administrative services director or designee, who may adjust the assessment based on Table 1 if he determines that
the original classification and/or square footage was erroneous. The finance director administrative services director
shall provide a written determination to the member, which may be appealed to the city's hearing examiner within
10 days of the finance director administrative services director's determination by paying an appeal fee in the
amount of $250.00 and filing a notice of appeal with the city clerk that sets forth the alleged error in the finance
dir-eete administrative services director's determination. The member has the burden of proof before the hearing
examiner to show that the assessment or delinquency charge is incorrect. [Ord. 4081 § 1, 2017; Ord. 3929 § 1 (Att.
A), 2013; Ord. 3909 § 1, 2013].
Section 3.75.110 Expenditures.
Expenditures from the account shall be made upon vouchers drawn by the finance director administrative services
director and shall be used exclusively for the purposes defined in ECC 3.75.030. [Ord. 3909 § 1, 2013].
ATTACHM packet pg. 71
7.7.c
Section 3.75.120 Members advisory board.
The EDBID shall be governed by a member advisory board comprised of an odd number of at least seven but no
more than 11 members from the EDBID membership. The board shall be composed of both open-door and by -
appointment office -based EDBID members, respectively, in rough proportion to the dollar value of assessments to
be levied on each classification of businesses. In addition, the Fnanee aireeter administrative services director and
the community services/economic development director shall be nonvoting, ex officio members of the board.
The member advisory board shall be responsible for proposing any amendments to EDBID bylaws for city council
approval and policy guidelines to the city council that will address, among other matters, the composition and
method of appointing or electing board members. The member advisory board shall also provide advice and
consultation to the finanee dir-eeter- administrative services director, and to any individual or agency, that may be
hired to manage the day-to-day operations of the business improvement district program, on all matters related to the
operation of the program.
Each year no later than October 31 st the member advisory board shall submit to the city council a proposed annual
work program and budget for the following year, unless otherwise approved by the city council. The board shall
address and discuss member concerns and questions regarding the EDBID and program; review all reports submitted
to the finance department by the member advisory board or program administrator, if hired; and sponsor the annual
member meeting. [Ord. 4081 § 1, 2017; Ord. 3941 § 1 (Att. A), 2013; Ord. 3914 § 1 (Att. A), 2013; Ord. 3909 § 1,
2013].
3.75.130 Business improvement district fund oversight and programmatic support.
The fnance aireetor administrative services director shall administer the BID fund for the city with authority to:
A. Consider adjusting the assessment amount based on an erroneous classification or square footage;
B. Collect the assessments; refund assessments when overpaid or otherwise improperly collected; extend the
deadline for payment; and waive delinquency charges and interest whenever the delinquency results from
extenuating circumstances beyond the member's control, such as a casualty loss causing premature closure of the
business, bankruptcy, or the total principal payment due to the city (exclusive of penalty and interest) is $10.00 or
less;
C. Calculate and collect the interest for late payments; and
D. Accept and deposit advance payment of assessments by members; accept donations from governmental agencies,
the public, and owners and operators of businesses.
E. The community services/economic development director shall provide general support and advice on matters
related to programs, projects, activities and administration of the EDBID. [Ord. 4081 § 1, 2017; Ord. 3909 § 1,
2013].
Section 4.68.100 Construction in right-of-way.
A. Notification of City Community Services Department. A franchisee shall submit an application for permit to
perform work in the city's rights -of -way. Permits to perform work in the city's rights -of -way shall be available on
the basis of the most favorable terms and conditions of any other franchisee or utility. The city shall provide an
annual master permit process for the cable system rebuild project, the fees of which will be paid out of the annual
franchisee fees. No work, other than emergency repairs, shall commence without such a permit. Emergency repairs
may be made immediately with notification given to the city no later than the next business day.
B. Installation. In accordance with the permit issued, all transmission lines, equipment, and structures shall be
located and installed so as to cause minimum interference with the rights and reasonable convenience of property
ATTACHM Packet Pg. 72
7.7.c
owners, and at all times shall be maintained in a safe condition, and in good order and repair. Suitable barricades,
flags, lights, flares, or other devices shall be used at such times and places as are reasonably required for the safety
of the public. Any poles or other fixtures placed in any street by a franchisee shall be placed in such manner as not
to interfere with the usual travel on such public way.
C. Interference with Use of Streets. A franchisee must obtain an application for permit to perform work in the rights -
of -way for all work performed by the franchisee in such areas. When installing, locating, laying, or maintaining
facilities, apparatus, or improvements, a franchisee shall not interfere with the use of any street to any greater extent
than is necessary, and shall leave the surface of any such street in as good condition as it was prior to performance
by franchisee of such work. Any facility, apparatus, or improvement under this chapter shall be laid, installed,
located, or maintained in conformance with instructions given by, and to the reasonable satisfaction of, the city. In
any event, a franchisee shall, at its own expense, and to the reasonable satisfaction of the city in accordance with the
terms of the application for permit to perform work in the rights -of -way, restore to city standards and specifications
any damage or disturbance caused to streets as a result of franchisee's construction or operations.
D. Relocation/Removal. Upon receipt of 30 days' prior written notice, a franchisee, at its own expense, shall protect,
support, temporarily disconnect, relocate, or remove any of its
property when, in the judgment of the ee ff ri unity setwiees dir-eete public works director, the same is required by
reason of traffic conditions, public safety, and/or improvements by governmental agencies. Nothing herein shall be
deemed a taking of the property of a franchisee, and franchisee shall be entitled to no surcharge by reason of this
section. After receipt of 30 days prior written notice, upon failure of a franchisee to commence, pursue, or complete
any work required by the provisions of this chapter to be performed on any street, within the reasonable time
prescribed and to the reasonable satisfaction of the city, the city may, at its option, cause such work to be done, and
a franchisee shall pay to the city the reasonable cost thereof, within 30 days after receipt of demand.
E. Location of Facilities. A franchisee agrees to provide the city with a map or maps which shall show the vertical
and horizontal location of its facilities within the franchise area using a minimum scale of one inch equals 100 feet,
measured from the centerline of the right-of-way, which maps shall be in hard copy plan form acceptable to the city
and in Geographical Information System (GIS) format. This information shall be provided within 90 days of the
effective date of the ordinance codified in this chapter and shall be updated at least every 12 months thereafter. [Ord.
3083 § 1, 1996].
5.48.030 Authority to accept bail.
The court, may by its order, authorize the violations bureau to receive the deposit of bail for appearance in court for
specified offenses under a bail schedule issued under this chapter. The violations bureau, upon accepting the
prescribed bail, shall issue a receipt to the alleged violator, and whatever other information the court requires,
prepared in multiple copies, and shall provide information of the legal consequences of bail forfeiture. One copy of
the receipt shall be forwarded to the Fnanee director administrative services director and one copy shall be retained
by the violations bureau. [Ord. 2531, 1985; Ord. 1481, 1970].
Title 6
HEALTH AND SANITATION
Chapters:
6.10
6.20
Health OffieeF Mies
Nuisances
6.30
Noxious Weeds
6.40
Litter Control
ATTACHM Packet Pg. 73
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6.50 Repealed
6.60 Disaster Preparation, Emergency Coordination, and Civil Emergencies
6.65 Edmonds Fire Department - Provision of Emergency Services
6.70 Repealed
6.80 Plastic Bag Reduction
6.90 Noncompostable Food Service Containers Prohibition
6.95 Single -Use Plastic Utensils - Prohibition
1 1 1
Whenever- any ease of smallpex er ether eantagietis disease shall eame to the knowledge of any physieia-a or ether
per -son, stleh physieia-H er other- per -Safi shall repei4 the same te the health effieer-, together with the aaeading
eireumsta-Hees, within Six hews Aer stiek II-ewledge er- infet:Fna4ion has been by them obtained. [Ord. 41 § 4,
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Section 6.20.020 Definitions.
The following definitions shall apply for purposes of this chapter:
A. "Antique vehicle" means a vehicle that is at least 40 years old and is qualified pursuant to WAC 308-96A-073.
B. "Driveway" means an improved surface per city engineering standards designed and used for accessing a parking
area and/or for vehicle parking.
C. "Emergency" means a situation in which the eommunity serviees director planning and development director
reasonably determines that immediate abatement or other action is necessary in order to prevent, reduce or eliminate
an immediate threat to health, safety or property.
D. "Front yard" means a space on the same lot as a principal building, extending the full width of the lot, and
situated between the street right-of-way and the front line of the building projected to the side lines of the lot. In the
case of a double frontage lot, both spaces with street frontage shall be considered front yards.
E. "Junk vehicle" means a vehicle meeting any two of the following criteria:
1. Is extensively damaged, including but not limited to any of the following conditions: a broken or missing
windshield or missing wheels, tires, motor or transmission;
2. Is apparently inoperable;
3. Is without valid current registration plates;
4. Has an approximate fair market value equal only to the approximate value of the scrap in it.
F. "Inoperable" with respect to a vehicle means that the vehicle is incapable of being legally operated on a public
roadway due to the condition of the vehicle or the status of the ownership, registration, or license of the vehicle.
G. "Junk" means discarded, broken or disabled material including but not limited to household items, house or lawn
furniture, appliances, toys, construction items, hot tubs, trampolines, vehicle parts, or other items that are not neatly
stored or in a functioning condition.
H. "Litter" means discarded waste materials, including but not limited to paper, wrappings, packaging material and
discarded or used containers.
I. "Motor vehicle" means a vehicle that is self-propelled but not operated upon rails, and includes neighborhood
electric vehicles as defined in RCW 46.04.357. An electric personal assistive mobility device is not considered a
motor vehicle. A power wheelchair is not considered a motor vehicle.
J. "Operable" with respect to a vehicle means that the vehicle is a licensed motorized or nonmotorized vehicle which
in its current condition is legally and physically capable of being operated on a public roadway.
K. "Rear yard" means a space on the same lot with a principal building, extending the full width of the lot and
situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.
L. "Salvage" means an item that would otherwise be destroyed, rejected or discarded but is or may be recycled or
put to further use.
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M. "Side yard" means a space on the same lot with a principal building, situated between the building and the side
lot line and extending from the rear line of the front yard to the front line of the rear yard.
N. "Stagnant' means water or liquid that has become foul, stale or impure through lack of agitation, flow or
movement.
O. "Trash" means waste food products and other household garbage.
P. "Vehicle" means any motorized or non -motorized conveyance that includes, but is not limited to, an automobile,
recreational vehicle, truck, any type of trailer, van, motorcycle, watercraft, farm equipment, construction equipment
and antique vehicles (i.e., cars, trucks, vans, motorcycles, carriages, or motorized buggies). [Ord. 3720 § 4, 2008].
Section 6.20.042 Health and safety nuisances.
The following actions or conditions have a direct impact on public health and are declared to be public nuisances.
A. Vegetation. The following actions and/or conditions shall be public nuisances:
1. Any dead, dying or other hazardous tree which is in danger of falling and endangers the traveling public on a
street, alley, sidewalk or other public right-of-way. The word "tree" shall have the same meaning as is provided
in ECDC-23.10.020. 18.^� �40.
2. Any violation of the noxious weed provisions of Chapter 6.30 ECC and/or any uncultivated berry vines and
Class B or Class C noxious weeds (as classified by the Washington State Noxious Weed Control Board) which
exceed an average of three feet in height and any portion of which are located within five feet of an adjacent
property.
B. Attractive Nuisances. Any attractive nuisances dangerous to children are declared to be public nuisances,
including but not limited to the following items when located outside of a fully enclosed building:
1. Abandoned, broken or neglected equipment;
2. Jagged, sharp or otherwise potentially dangerous machinery;
3. Household or commercial appliances, including but not limited to refrigerators, freezers, washers, dryers,
dishwashers, ovens, hot water tanks, or toilets;
4. Unpermitted excavations; and/or
5. Unprotected or open wells or shafts.
C. Breeding Grounds for Vermin or Insects. The following actions and/or conditions are public nuisances:
1. Any accumulations of perishable matter, including but not limited to foodstuffs, that may harbor or attract
the infestation of mold, insects and/or vermin; provided, however, that this provision shall not apply to compost
heaps or facilities which are maintained in accordance with standards recommended by the U.S. Composting
Council.
2. Any stagnant, pooled water in which mosquitoes, flies or other insects may reproduce.
3. Any stacks or accumulations of newspapers, cardboard, or other paper, cloth, plastic, or rubber left or stored
in a manner which poses a substantial risk of combustion, a threat of fire, or that may harbor, serve as an
attraction for or promote the infestation of mold, insects and/or vermin.
D. Hazardous Conditions, Substances or Materials. The following conditions or actions are declared to be public
nuisances:
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1. Any structure or other constructed object not governed by the International Building Code that is decayed,
damaged, or in disrepair and poses a substantial threat of collapse, structural failure or falling.
2. Any unstable embankment, fill or other accumulation of rock and/or soil which poses a substantial threat of
collapse.
3. Any storage or keeping of any toxic, flammable, or caustic substance or material except in compliance with
applicable requirements of state or federal law.
4. Any unpermitted obstruction of any street, alley, crossing or sidewalk, and any unpermitted excavation
therein or thereunder. [Ord. 3720 § 4, 2008].
Section 6.20.050 Enforcement and abatement.
A. Responsibility for Enforcement. The provisions of this chapter shall be enforced by the oommunity se
deter planning and development director or his/her designee.
B. Responsibility for Violation. The provisions of this chapter shall be enforceable against any person who causes,
permits, creates, maintains or allows upon any premises, any of the actions or conditions designated as public
nuisances under ECC 6.20.040, including but not limited to any person or entity owning, leasing, renting,
occupying, or possessing the underlying premises.
C. Penalties. Any person violating this chapter shall be subject to civil enforcement proceedings pursuant to Chapter
20.110 ECDC and/or criminal misdemeanor prosecution.
D. Abatement. The city may seek a warrant of abatement from Snohomish County Superior Court authorizing city
personnel and/or contractors to enter any premises containing a public nuisance and abate said nuisance at the
violator's expense. Prior to obtaining such a warrant, the city shall provide written notice to the responsible party by
posting upon the subject premises, mailing and/or personal delivery. Such notice may be combined with a notice of
civil violation issued pursuant to Chapter 20.110 ECDC, and shall contain: (1) a description of the public nuisance;
(2) a reasonable deadline by which the responsible parry must eliminate the public nuisance; (3) a warning that the
city may abate the nuisance at the responsible parry's expense; and (4) a statement that the notice shall become a
final order of the city if not appealed to the hearing examiner within the time period specified in Chapter 20.110
ECDC. All costs incurred by the city in abating a public nuisance, including but not limited to attorneys' fees, staff
time and contractor expenses, shall be recovered from the responsible party. Abatement may be exercised
concurrently with or alternatively to the imposition of civil and/or criminal penalties pursuant to subsection (C) of
this section.
E. Summary Abatement. Notwithstanding any other provision of this chapter, the city may, to the fullest extent
legally permissible, summarily abate and/or take any action necessary to eliminate any condition constituting an
immediate threat to public health or safety.
F. Mediation. Notwithstanding any provision of this code, when the planning and development director determines,
in his discretion, that significant risk to any person exists and the best interests of the neighborhood would be better
served, the director may decline to proceed with prosecution or abatement until the complainant(s) and alleged
violator(s) have attempted to resolve their conflict through mediation.
G. Frivolous Complaint. Any person making a frivolous complaint under the provisions of this chapter shall be
guilty of a civil infraction punishable by a fine of not more than $500.00. [Ord. 4299 Exh. A, 2023; Ord. 3720 § 4,
2008].
Section 6.20.060 Separate abatement proceedings for junk vehicles.
A. Statutes Adopted by Reference.
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1. RCW 46.55.010(2), (3), (4), (6), (7), (8), (9), (10), (11) and (12) only;
2. RCW 46.55.070, Posting requirements — Exception;
3. RCW 46.55.090, Storage, return requirements — Personal belongings — Combination endorsement for tow
truck drivers — Authority to view impounded vehicle;
4. RCW 46.55.100, Impound notice — Abandoned vehicle;
5. RCW 46.55.110, Notice to legal and registered owners;
6. RCW 46.55.120, Redemption of vehicle — Sale of unredeemed vehicles;
7. RCW 46.55.130, Notice requirements — Public auction — Accumulation of storage charges;
8. RCW 46.55.140, Operator's lien, deficiency claim, liability; and
9. RCW 46.55.230, Junk vehicles — Certification, notification, removal, sale.
B. Administrative Hearing Officer. All abatement hearings required under this section shall be conducted by the
hearing examiner. A decision made by the hearing examiner under this section regarding abatement shall be final as
to abatement. Any abatement hearing under this section shall be considered a separate matter from any hearing
regarding the underlying violation outlined in the previous sections of this chapter. Provided, however, that the
hearing examiner may in his/her discretion combine such hearings if two separate rulings are issued.
C. Abatement and Removal of Unauthorized Junk Motor Vehicles or Parts Thereof from Private Property.
1. The storage or retention of an unauthorized junk motor vehicle or parts thereof, as defined herein, on private
property is hereby declared a public nuisance subject to removal and impoundment. The
direetefplanning and development director shall inspect and investigate complaints relative to unauthorized
junk motor vehicles or parts thereof on private property. Upon discovery of such nuisance, the
lannin and development director shall give notice in writing to the last registered owner of
record, if identifiable, and the property owner of the violation of the nuisance provisions and demand that both
abate the nuisance or the vehicle will be removed and costs will be assessed against them. The notice shall also
inform both that a hearing before the hearing examiner may be requested in writing, directed to the city clerk
within 10 days of said notice, and that if no hearing is requested within 10 days, the vehicle will be removed at
their expense.
2. If a request for a hearing is received, a notice giving the time, location, and date of the hearing on the
question of abatement and removal of the vehicle or parts thereof as a public nuisance shall be mailed, by
certified mail with a five-day return receipt requested, to the owner of the land as shown on the last equalized
assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that
the identification numbers are not available to determine ownership.
3. The owner of the land on which the vehicle is located may appear in person at the hearing or present a
written statement in time for consideration at the hearing, and deny responsibility for the presence of the
vehicle on the land, with reasons for the denial and that she/he has not given consent for the vehicle to be
located there. If it is determined at the hearing that the vehicle was placed on the land without the consent of
the landowner and that she/he has not subsequently acquiesced in its presence, then the hearing examiner shall
not assess costs of administration or removal of the vehicle against the owner of the property upon which the
vehicle is located or otherwise order recoupment of such costs from the owner of the property.
4. Costs of removal of vehicles or parts thereof under this section shall be assessed against the last registered
owner of the vehicle or automobile hulk if the identity of the owner can be determined, unless the owner in the
transfer of ownership of the vehicle or automobile hulk complied with RCW 46.12.101, or the costs may be
assessed against the owner of the property on which the vehicle is stored, unless the property owner establishes
the facts set forth in subsection (C)(3) of this section.
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5. This section shall not apply to:
a. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not
visible from the street or other public or private property; or
b. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection
with the business of a licensed dismantler or licensed vehicle dealer and is screened according to RCW
46.80.130.
6. After notice has been given of the city's intent to dispose of the vehicle and after a hearing, if requested, has
been held, the vehicle or parts thereof shall be removed at the request of the e m ffP a4y serwiees dir-eete
planning and development director and disposed of to a licensed motor vehicle wrecker or hulk hauler with
written notice being provided to the Washington State Patrol and the Department of Licensing that the vehicle
has been wrecked or otherwise lawfully disposed of
D. Owner of Record Presumed Liable for Costs When Vehicle Abandoned — Exceptions.
1. The abandonment of any junk vehicle or hulk shall constitute a prima facie presumption that the last owner
of record is responsible for such junk vehicle and thus liable for any costs incurred in removing, storing and
disposing of said vehicle.
2. A registered owner transferring a vehicle shall be relieved from personal liability under this chapter if within
five days of the transfer she/he transmits to the planning division a seller's report of sale on a form prescribed
by the planning manager to show that the vehicle had been transferred prior to the date notice was given to
him/her of the need to abate.
E. Owner or Agent Required to Pay Charges — Lien.
1. Any costs incurred in the removal and storage of an impounded vehicle shall be a lien upon the vehicle. All
towing and storage charges on such vehicle impounded shall be paid by the owner or his/her agent if the
vehicle is redeemed. In the case of abandoned vehicles, all costs of removal and storage shall be paid by the
owner or his/her agent if the vehicle is redeemed, but if not redeemed, such costs shall be received from the
proceeds of sale.
2. Either a registered or legal owner may claim an impounded vehicle by payment of all charges that have
accrued to the time of reclamation. If the vehicle was impounded at the direction of a law enforcement agency,
the person in possession of the vehicle prior to the time of reclamation shall notify such agency of the fact that
the vehicle has been claimed, and by whom.
F. Written Impound Authorization Form. Whenever the eonw unit , services airecto planning and development
director impounds a vehicle pursuant to the provisions of this chapter, the director shall complete an authorization
form approved by the chief of police which specifies the section of this chapter or Chapter 46.55 RCW authorizing
the impound. In the alternative, a law enforcement notice of infraction or citation for an offense which authorized
the impound may be substituted at the director's discretion. [Ord. 3720 § 4, 2008].
Section 7.10.025 Delinquency charge.
A charge equal to $25.00 shall be added as a fee to each delinquent utility bill, except in cases of extraordinary
hardship as determined by the finance director- administrative services director or his/her designee. The decision of
the finance director administrative services director can be appealed to the Edmonds city council by filing an appeal
with the city clerk no later than 14 days after the director's decision was mailed. The account shall be considered
delinquent if full payment is not made within 35 days after the sending of the regular billing. Such delinquency
notice and billing will be provided 35 days following the mailing of a regular utility bill. This charge shall be
applicable to all delinquent utility billing accounts. In order to be considered delinquent the outstanding principal
balance of an account must total at least $40.00, and no delinquency charge shall be levied against any account
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balance under $40.00. This delinquency charge shall be paid prior to the application of any payment against the fee
or charge initially assessed and nothing herein shall be interpreted to limit the city's collection of its attorneys' fees
and other reasonable costs and charges in the event it is forced to seek judicial remedy for collection. Nothing herein
shall be interpreted to limit the city's ability to enforce a sewerage lien on properties for delinquent and unpaid
sewerage utility bills, as authorized by RCW 35.67.200 through 35.67.290, including terminating water service until
charges are paid and/or pursuing sewerage lien foreclosure. [Ord. 4000 § 1, 2015; Ord. 3629 § 4, 2007].
Section 7.10.060 Limitation on water use.
In the event that a supplier notifies the city of a shortage of water or the director reasonably determines such a
shortage to be imminent, the ^^ri r..r:.. ^�,iees air-eet , public works director or his/her designee is authorized to
implement the water shortage response plan in order to efficiently safeguard the safety and health of the general
public or to provide for the public convenience. The use of water in the city, or in any portion thereof, for irrigation,
cooling, sprinkling or other uses may be forbidden, restricted, or regulated and such regulations may be made
effective as to all customers or as to particular classes of customers. Rationing may be imposed during any shortage
of water, either in lieu of or in addition to other measures hereby authorized.
A. Upon receiving notification from a water supplier of an impending water emergency, the Hees
dir-eete public works director will notify the mayor and city council within 24 hours or on the next business day that
a water emergency will be or has been declared.
B. The mayor or ^^w.^..unity services directo public works director will issue a public notification of the declaration
of water emergency and imposition of restrictions.
C. Restrictions will be in effect immediately upon issuance of the public notification. Restrictions and the amount of
surcharge for violations of mandatory restrictions will be posted and published within seven days of declaration at
least one time in a daily newspaper of general circulation. Notification will be delivered to television and radio
stations to provide public information coverage.
D. For emergencies when restrictions may extend beyond 21 days, public hearing before the city council will be
scheduled by the ^^mmunity sei=viees direete public works director within seven days following the declaration of
emergency. [Ord. 2774 § 1, 1990].
Section 7.10.061 Water restrictions — Powers of the city.
The comnu ity services airecto public works director or his/her designee shall conduct public education efforts
regarding the benefits and necessity of conservation by the public, and is authorized to promulgate such rules and
regulations as may be necessary to implement water use restriction. The regulations will be on file with the city
clerk, and the regulations and any amendment thereto shall be effective 30 days after said filing with the city clerk.
The ^,.wri tmity sei=viees direete public works director or his/her designee is further authorized to make exceptions
to such restrictions in specific cases as he/she finds reasonable which may in the director's discretion include, but
are not limited to, watering newly seeded or sodded lawns, food sources, landscape ornamental plantings required by
the architectural design board, when necessary to alleviate unnecessary economic hardship to commercial or
industrial activities, or to prevent possible damage to health, safety or welfare. [Ord. 2774 § 2, 1990].
Section 7.10.062 Water restrictions — Surcharge.
It is unlawful for any person to violate water use and restrictions and violation of these provisions shall be a
misdemeanor punishable under the general penalty provisions of this code. In addition to other lawful remedies, the
eamffm*ity sen,iees aireetef public works director or his/her designee is authorized to impose a surcharge for the
first occurrence after a documented warning notice and each subsequent violation in which a customer's water usage
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practices exceed water conservation restrictions as provided for in this chapter. Said surcharge will be added to and
become a part of the water bill for the customer in addition to any service rate amounts as set forth in Chapter 7.10
ECC. Prior to the imposition of the first surcharge, a public works division representative shall deliver in person or
post a notice at the service address advising of the customer's water usage practices in excess of mandatory water
shortage restrictions and advising that a surcharge may be imposed for any further violations. A copy of the
violation notice shall also be mailed to the owner and/or occupant. The ^,.ri.m ttaity seiwiees dir-eete public works
director shall promulgate regulations providing for appeal of any notice of violation. Appeals must be received
within five working days of delivery of notice of violation.
A. Surcharges for violations of water restrictions in effect for the balance of 1990 and until thereafter adjusted shall
be:
$25.00 for first violation;
$50.00 for each violation thereafter.
B. Surcharges for all customer classes will be reviewed annually based on actual or projected expenses of the water
division necessary to maintain a water supply during an emergency. [Ord. 2774 § 3, 1990].
Section 7.10.063 Enforcement.
A. The ublic works director, or his/her designee, including any employee of the city of
Edmonds public works division, or field personnel of the community services department, or police officer of the
city, shall have the authority to enforce the provisions of this chapter.
B. In addition to the surcharges provided in ECC 7.10.062, the ublic works director or
his/her designee is authorized to install a water restricting device on the waterline or lines serving any person who
commits a second or subsequent violation of any of the provisions of this chapter. Alternatively, after such notice of
a violation as may reasonably be given based on the circumstances, the Community services a reeto r.ublic works
director or his/her designee may cause water service to be terminated for subsequent or continuing violation of water
conservation restrictions. [Ord. 2774 § 4, 1990; Ord. 2214 § 3, 1981; Ord. 1942 § 3, 1977; Ord. 547, 1943; Ord. 413
§ 21A, 1929].
Section 7.10.065 Suspension of service — Failure to comply with sewer connection notice.
A. There exists within the city of Edmonds certain earth subsidence and landslide hazard areas, and other
environmentally sensitive areas in which the discharge of sanitary waste from private septic tanks constitutes a
hazard to the public health, safety and welfare of the city. Such areas may be designated by the city council or by
order of the public works director. The Meadowdale landslide hazard area, as defined and described in documents
on file with the city of Edmonds and available for inspection at the request of any individual, is hereby declared to
be such an area. Failure of any owner or owners of residential or commercial structures located within such a
designated area to connect with available sanitary sewers following notice given in accordance with RCW 35.67.190
is hereby declared to be a public hazard and nuisance.
B. When any owner or owners of property have failed to connect within the period established by written
notification, the ublic works director or his designee shall cause a notification of shut-
off of water service to be delivered to the owners of such properties by registered mail. The notice shall specify that
water service shall be terminated by the city within 10 days of the date of notice unless:
1. The owner or owners shall cause the property to be connected to the public sewer within such period; or
2. The owner or owners shall apply for a building permit within said 10-day period and connect to the sewer
line, present a written contract or adequate assurance between the owner and a licensed plumber evidencing an
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enforceable obligation and intent to connect to such line and provide a bond in an amount sufficient to fulfill
the terms of such agreement in the event that the owner defaults thereon.
C. In the event the owner fails to connect to the sewer line within the 10-day period or to provide the adequate
assurances required by subsection (B)(2) of this section, water service to such residential or commercial structures
and to the property on which they are located shall be discontinued. Service shall not again be instituted until such
time as the owner has connected to the sewer system, paid the actual costs of the city including, but not limited to,
disconnecting, reconnecting, notifying the owner and otherwise taking action with respect to the requirements of this
section. The actual cost thereof may vary, but the city council hereby establishes such reconnection fee to be
$250.00; provided, however, that in the event the actual costs are greater, they may be imposed by written order of
the community so.7,iees diFeet public works director or his designee and the reconnection shall not be completed
until such time such assessed costs are paid. In the event that the owner or owners believe that the reconnection
charges are in excess of the amount actually incurred or which reasonably may be incurred the city, the owner or
owners may appeal the set fee or additionally designated fee to the hearing examiner in the same manner as if it
were a Type II decision (see Chapter 20.01 ECDC). [Ord. 3736 § 6, 2009; Ord. 2676 § 1, 1988].
Section 7.20.050 Adoption of state regulations.
The eomnu ity services aireeto public works director or his/her designee is hereby authorized to develop rules and
regulations based upon and including the requirements of the rules and regulations of the State Board of Health
regarding public water supplies and the protection of such supplies from contamination entitled "Cross -Connection
Control Regulations in Washington State," the provisions of WAC 246-290-490, and the American Waterworks
Association, Pacific Northwest Second Edition of "Accepted Procedure and Practice in Cross -Connection Manual."
The provisions of the Washington Administrative Code, the rules and regulations of the Department of Health set
forth in the Cross -Connection Control Regulations in Washington State and the previously referenced Accepted
Procedure and Practice in Cross -Connection Manual are hereby adopted by this reference as fully as if herein set
forth in full. Any additional rules and procedures necessary to implement such regulations shall be developed by the
mity services dir-eetor public works director or his/her designee as appropriate. Such rules and regulations
shall be kept on file along with copies of the above referenced regulations and manuals in the office of the city
engineer of the city of Edmonds. [Ord. 2956 § 1, 1993; Ord. 1711 § 1, 1974].
7.80.050 Reporting of proposed rates.
Prior to seeking rate adjustments from the WUTC, the haulers shall provide the Edmonds city council, through the
r:* ;en,iees dir-eeter- public works director, a complete report on the proposed rates and any supporting
documentation which the director might require.
Section 8.48.610 Contract for towing and storage.
A. The finanee dire ter- administrative services director is authorized to prepare specifications for towing and
storage of vehicles, including instructions to bidders, containing such provisions as the director shall deem advisable
and not in conflict with this chapter. The specifications shall be subject to the review and approval of the budget
director and the approval of the city council by resolution passed for such purpose.
B. In lieu of the individual bidding process authorized under subsection (A) of this section, the city may, at its
discretion, establish a rotational list of contractors to provide towing services. Said alternative process may proceed
either according to contract specifications developed by the director or pursuant to an existing bidding and
contractual arrangement utilized by another municipality with which the city has entered into an interlocal
agreement providing for the reciprocal use of each jurisdiction's bids for services. [Ord. 3564 § 1, 2005].
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8.48.611 Contract for towing and storage — Financial responsibility.
Any contract for towing and storage under the provisions of this chapter shall require the contractor to demonstrate
proof of financial responsibility for any liability which the city may have as a result of any negligence, willful
conduct, or breach of contract by the contractor, and for any damage which the owner of an impounded vehicle may
sustain as a result of damage to or loss of the vehicle. Proof of financial responsibility shall be furnished either by
proof of insurance, filing a surety bond and/or by depositing cash in such amounts as the fmanee director
administrative services director shall determine necessary. [Ord. 3564 § 1, 2005].
Section 9.20.030 Notice of work to be done — Assessment procedures.
A. Resolution of Intent. Whenever the city council of the city wishes to devolve the duty and/or burden and/or
expense of constructing, reconstructing, or repairing a sidewalk, the city attorney, along with the city engineer, shall
prepare a resolution of such intent. The resolution shall include a preliminary assessment roll identifying the
abutting property owners who may be asked to complete and/or be assessed for the cost of said construction,
reconstruction, or repairs. The resolution shall state whether the abutting property owner is to bear the cost of all or a
specific portion of this work. The resolution shall also specify if the owners have the option to complete the work
and the amount of time that the property owners shall have to make the repairs themselves if they chose to do so.
The resolution shall also set forth a specific time and date for a public hearing on the resolution.
B. Publication and Mailing of Resolution (Final). The city clerk shall publish the resolution for two consecutive
weeks and mail copies of the resolution, preliminary assessment roll, and hearing notices to all abutting property
owners affected by the resolution at least 10 days in advance of the hearing. The city clerk shall generate an affidavit
specifying the city clerk's compliance with the afore -referenced publication of the resolution and mailing of hearing
notices, assessment roll, and resolution to abutting owners.
C. Public Hearing. At the scheduled public hearing, the city council should weigh the resolution in light of citizen
comments and consider any appropriate changes in the resolution. Property owners may assert as a defense on
limitation an assessment the defenses and/or limitations set forth in ECC 9.20.030(A) and (B) and shall have the
burden of establishing such defense and/or limitation by substantial and competent evidence. Any changes to the
resolution must be effected by passage of a motion.
D. Construction, Reconstruction, Repair of Sidewalks by Abutting Property Owners. If as a result of the hearing, the
city council determines to proceed with the improvement(s), the affected abutting property owners shall be notified
that they will have up to the time specified in the resolution to complete the repairs. Such notice shall state that in
case such owner shall fail to make said construction and/or reconstruction and/or repair within such time, the city
will proceed to make the same through its ^,.wAri..mitt, sef-o iees dir-eete public works director, and that said
eamffFaa4-y sen,iees dir-eete f public works director will report to the city council, at a subsequent date to be
definitely stated in said notice, and that an amended assessment roll showing the lot or parcel of land directly
abutting on such portion of such street so improved by the director, the cost of such improvement, and the name of
the owner, if known, and that said city council of the city at the time stated in said notice or at the time or times to
which the same may be adjourned shall meet to hear any and all protests against the proposed assessment.
E. Second Survey and Report to City Council. Upon the expiration of the time fixed within which the owner is
required to construct, to reconstruct, or repair such sidewalk, the city engineer shall determine which property
owners have made the necessary repairs, and shall remove their names from the preliminary assessment roll. If the
owner has failed to perform such work, the city may proceed to perform such work, and the
dir-eete public works director of the city performing such work shall, within the time fixed in this notice, report to
the said city council an assessment roll showing the lot or parcel of land directly abutting such portion of such street
so improved, the cost of such work, and the name of the owner, if known.
F. Creation of Sidewalk Construction Fund. The city attorney, along with the city engineer, may prepare an
ordinance creating a sidewalk construction fund to complete the construction, reconstruction, or repairs not
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undertaken by the abutting property owners pursuant to the resolution. The ordinance shall include the amended
preliminary assessment roll as an attachment.
G. Construction. Reconstruction or Repair of Remaining Sidewalks. The city engineer will then call for bids to make
repairs to the remaining sidewalks. The city council shall award a contract for the remainder of the repairs and upon
completion of the repairs the city engineer shall prepare the final assessment roll and submit the same to the city
council.
H. Assessments Imposed. The city council of the city shall pass a resolution fixing a date for hearing upon the final
assessment roll.
The resolution shall assess the cost of such improvement against each abutting property owner and shall fix the time
and manner for payment thereof, which said assessment shall become a lien upon said property, and shall be
collected in the manner as is provided by law for collection of special assessments under Chapters 35.68, 35.69, and
35.70 RCW.
The city clerk shall publish the resolution for two consecutive weeks and mail copies of the resolution, preliminary
assessment roll, and hearing notices to all abutting property owners affected by the resolution at least 10 days in
advance of the hearing. The city clerk shall generate an affidavit specifying the city clerk's compliance with the
afore -referenced publication of the resolution and mailing of hearing notices, assessment roll and resolution to
abutting owners. The city council shall either affirm, modify or reject the final assessment roll after said public
hearing. [Ord. 3101 § 1, 1996].
Section 9.20.090 Enforcement responsibility.
The city community services directo public works director shall be charged with the enforcement of this chapter
[Ord. 3101 § 1, 1996].
seetiensi
1 n 1 c 000 Board o appeals Regulations.
i n�9n
10.15.060 Repealed-.
Regula4eas r-elmiag te the board ef appeals shall be as set forth in Chapter- 19.80 ECDC. [Ord. �740 § 2, 2009].
10..15.010 Purpose
Repealed by Ord, 3740 [Ord.3456 c 2 2004.
Repealed by, 04 3740 [Ofd. 3456 c 2 2004.
105.030 Removal.
Repealed hy n a 3740 [Ord.3456 c 7 2003
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Section 10.16.060 Funds for improvement and maintenance of the cemetery.
A. There are hereby created two special funds of the city to be known as the cemetery improvement fund and the
cemetery maintenance trust fund. Pursuant to RCW 68.52.040, the city council shall, each year as a part of the
budget process, allocate revenue from lot sales, burial fees, and all bequests, gifts and donations received with
respect to the cemetery on a percentage basis to said funds.
1. The cemetery improvement fund was established to provide for the day-to-day operations of the cemetery,
including special events. Expenditures of this fund may be made both from principal and income and the entire
amount of such fund may be expended in any year when such expenditures are within the annual budget
approved by the city council.
2. The cemetery maintenance trust fund shall be held in trust for future expenditure solely for the purpose of
maintaining the cemetery and any capital improvements or facilities located therein in the foreseeable future.
Expenditures from this fund shall be limited to the income earned by said funds along with any additional funds
appropriated to this fund by the council or donated by any party for the purpose of annual maintenance. To the
extent permitted by law, the city council hereby impresses the current fund balance of this fund, as well as any
private donations made in trust in favor of the estate of any person buried therein by the descendants of such
persons, the Hubbard Family Foundation and any other persons or entities donating funds to the cemetery
maintenance trust fund for the sole purpose of maintenance of the cemetery and its capital improvements.
3. The city council shall consider the number of unsold lots, the future market value of unsold lots, and the
probable earnings of the trust fund when fully funded by the sale of all lots when allocating revenue. The goal
shall be to actuarially fund the cemetery and maintenance fund with sufficient monies so that it may become
and remain a self-sufficient source of funding for all recurring maintenance of the cemetery.
B. Any monies in said funds, surplus and available for investment, shall be managed in accordance with RCW
68.52.060. This section shall be considered approval of investments in accordance with RCW 68.52.065 subject to
the annual review of the city council in the budget process. All investments shall be reviewed and approved by the
f4aaaee a:.v administrative services director.
C. Monies shall be paid out of said funds only upon warrants drawn by the city and approved in the manner set forth
in Chapter 2.25 ECC. All warrants shall be endorsed by the mayor and attested by the city finance director
-
administrative services director. In no event shall any monies be expended from the cemetery maintenance trust fund
in excess of the annual income earned nor shall any money be diverted from such trust fund to any purpose other
than provided in this chapter. To the extent permitted by law, the council hereby prohibits itself and future councils
from diverting funds for the cemetery maintenance trust fund, while reserving its right to budget monies to or
approve expenditures from the cemetery maintenance trust funding future budget years as it, in its sole discretion,
shall deem appropriate in order to actuarially provide for the establishment of a fund which will generate sufficient
income to meet the future foreseeable maintenance needs of the cemetery. Expenditures of monies from the
cemetery improvement fund and the cemetery maintenance trust fund shall be provided for in the annual budget by
the council subject to the recommendation of the cemetery board. [Ord. 3987 § 1, 2015; Ord. 3797 § 1, 2010; Ord.
2827 § 3, 1991; Ord. 2596, § 1, 1986. Formerly 10.16.050].
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Chapter 15.00
PREFACE AND FEES
Sections:
15.00.000
Title.
15.00.010
Purpose.
15.00.020
Application fees.
15.00.030
Repealed.
15.00.040
Duties of officials.
15.00.050
References.
15.00.060
Regulated actions.
15.00.070
Severability.
15.00.000 Title.
ECC Titles 15 through 21 may be referred to as the community development code.
15.00.010 Purpose.
The purpose of the community development code is to assemble in one document, as far as is possible, all the
various land use policies and regulations of the city of Edmonds.
15.00.020 Application fees.
A. This section shall apply to any and all fees charged by the city planning division, public works department,
building division and for park dedication, parking, and variance from undergrounding. Fees [hyperlink to 2023 Fees
Associated with Development) Sueh e es '^y-beare-established from time to ti o by resolution of the city council.
B. All application fees set according to this section shall be paid before the permit coordinator may accept any
application. Application fees are for city processing services, and are not refundable because an application is denied
or modified. The city council may adopt rules providing for the partial refund of application fees for withdrawn
applications in relation to the number of hours spent by the city staff in reviewing the application. [Ord. 3108 § 1,
1996; Ord. 3023 § 1, 1995; Ord. 2952 § 1, 1993; Ord. 2927 § 1, 1993; Ord. 2882 § 1, 1992; Ord. 2842, 1991; Ord.
2655 § 1, 1988; Ord. 2604 § 1, 1987; Ord. 2549 § 1, 1986; Ord. 2302 §§ 1, 2, 1982; Ord. 2273 § 1, 1982; Ord. 2191
§§ 3, 4, 1981; Ord. 2190 § 1, 1981].
15.00.030 Other fees.
Repealed by Ord. 3108. [Ord. 2498, 1985; Ord. 2252 § 2, 1981; Ord. 2190 § 2, 1981].
15.00.040 Duties of officials.
A. C^...,...unity Development DireeterPlanning and development director. The community development
deter -planning and development director shall administer and enforce the provisions of ECDC Titles 15, 16, 17, 20
and 21, except for those provisions to be enforced by the building official.
B. Building Official. The building official shall enforce and administer the provisions of ECDC Title 19, except for
Chapter 19.75 which shall be enforced and administered by the fire chief, and the provisions of ECDC Titles 15, 16,
17 and 21 which relate to the construction of structures.
C. Public Works Director. The public works director shall administer and enforce the provisions of ECDC Title 18,
and any other provision specifically calling for action by the public works director.
D. Permit Coordinator. The permit coordinator shall receive applications for all permits required by this code. The
permit coordinator shall issue all permits authorized by this code, but only after determining that all procedural
requirements of this code have been met. Whenever this code refers to the issuance of a permit, or the granting of an
approval, the permit coordinator shall ensure that written evidence of the permit or approval is given to the
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applicant, and that a copy is retained in the city files. However, when one project requires more than one permit, to
the extent practically possible, the permit coordinator shall issue one document consolidating all of the approved
permits.
15.00.050 References.
A. Code Sections. Whenever a code section is referred to in this code, such as ECDC 18.75.030, the reference is to a
section of this code unless otherwise specified.
B. Officials. Whenever an official is referred to in this code such as the building official, the reference is to an
official of the city of Edmonds or a designated staff member unless otherwise specified.
C. Departments. Whenever a department or division is referred to in this code, such as the Fire Department, the
reference is to the department or division of the city of Edmonds unless otherwise specified.
D. Adoption by Reference. Whenever a document is proposed to be adopted into this code by reference, the
documentthfee Tshall be filed before the adoption with the city clerk for public use and examination, and
retained permanently after adoption. Compliance with this requirement, and any other requirement of state law may
be stated in the adopting ordinance, but need not be repeated in this code. Any document adopted by reference shall
have the same effect as if the document were set forth in full in this code.
15.00.060 Regulated actions.
Whenever this code applies to a specific act or type of action, the same provisions apply to all later changes, unless
the code specifically provides otherwise. For example, a permit is required to connect to city sewers. This
requirement also applies to any changes, repair or replacement of sewer connection.
15.00.070 Severability.
It is expressly declared that each section, subsection, paragraph, sentence, clause, phrase and word of this
community development code would have been prepared, proposed, adopted, approved, and ratified irrespective of
any declaration of invalidity or unconstitutionality of any part of this code. Therefore, should any part of this code
be declared invalid or unconstitutional for any reason, this declaration shall not affect the validity or constitutionality
of the remaining parts of this code.
Section 16.43.020 Uses
A. Table 16.43-1.
Permitted Uses
BDI
GBD1
BD2
BD3
BD4
BD5
Commercial Uses
Retail stores or sales
A
A
A
A
A
A
Offices
A
X
A
A
A
A
Legal/law firms
A
X
A
A
A
A
Financial
A
X
A
A
A
A
Advising
A
X
A
A
A
A
Mortgage
A
X
A
A
A
A
Banks (without tellers)
A
X
A
A
A
A
Accounting
A
X
A
A
A
A
Counseling
A
X
A
A
A
A
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Permitted Uses
BD1
GBD1
BD2
BD3
BD4
BD5
Architecture
A
X
A
A
A
A
Engineering
A
X
A
A
A
A
Advertising
A
X
A
A
A
A
Insurance
A
X
A
A
A
A
Fitness related business (yoga/pilates/gym/fitness club)
A
X
A
A
A
A
Service uses
A
A(Z)
A
A
A
A
Retail sales requiring intensive outdoor display or storage areas, such as trailer
sales, used car lots (except as part of a new car sales and service dealer), and
heavy equipment storage, sales or services
X
X
X
X
X
X
Enclosed fabrication or assembly areas associated with and on the same
property as an art studio, art gallery, restaurant, microbreweries/distilleries or
food service establishment that also provides an on -site retail outlet open to the
public
A
A
A
A
A
A
Automobile sales and service
X
X
A
A
X
X
Dry cleaning and laundry plants which use only nonflammable and
nonexplosive cleaning agents
C
X
A
A
A
X
Printing, publishing and binding establishments
C
X
A
A
A
C
Public markets licensed pursuant to provisions in Chapter 4.90 ECC'
A
A
A
A
A
A
Outdoor diningmeeting the criteria of Chapter 17.75 ECDC.
B
B
B
B
B
B
Residential
Single-family dwelling
A
X
A
A
A
A
Multiple dwelling unit(s) — see ECDC 16.43.030(B) for further location
standards
A
X
A
A
A
A
Other Uses
Bus stop shelters
A
A
A
A
A
A
Churches, subject to the requirements of ECDC 17.100.020
A
A
A
A
A
A
Primary and high schools, subject to the requirements of ECDC 17.100.050(G)
through (R)
A
X
A
A
A
A
Local public facilities, subject to the requirements of ECDC 17.100.050
C
C
C
C
A
C
Neighborhood parks, natural open spaces, and community parks with an
adopted master plan subject to the requirements of ECDC 17.100.070
A
A
A
A
A
A
Off-street parking and loading areas to serve a permitted use
B
X
B
B
B
B
Commuter parking lots in conjunction with a facility otherwise permitted in this
zone
B
X
B
B
B
X
Commercial parking lots
C
X
C
C
C
X
Wholesale uses
X
X
X
C
X
X
Hotels and motels
A
A
A
A
A
A
a
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Permitted Uses
BD1
GBD1
BD2
BD3
BD4
BD5
Amusement establishments
C
C
C
C
C
C
Auction businesses, excluding vehicle or livestock auctions
C
X
C
C
C
C
Drive-in/through businesses (businesses with drive through facilities)
X
X
C
A
C
X
Laboratories
X
X
C
C
C
X
Fabrication of light industrial products not otherwise listed as a permitted use
X
X
X
C
X
X
Day-care centers
C
X
C
C
A
C
Hospitals, health clinics, convalescent homes, rest homes, sanitariums
X
X
C
C
A
X
Medical uses, e.g.,
A
X
A
A
A
A
Physicians
A
X
A
A
A
A
Dental
A
X
A
A
A
A
Optometrist (without retail)
A
X
A
A
A
A
Physical therapy (without retail)
A
X
A
A
A
A
Counseling
A
X
A
A
A
A
Other similar medical services
A
X
A
A
A
A
Museums and art galleries of primarily local concern that do not meet the
criteria for regional public facilities as defined in ECDC 21.85.033
A
A
A
A
A
A
Zoos and aquariums of primarily local concern that do not meet the criteria for
regional public facilities as defined in ECDC 21.85.033
C
X
C
C
C
A
Counseling centers and residential treatment facilities for current alcoholics and
drug abusers
X
X
C
C
A
X
Regional parks and community parks without a master plan subject to the
requirements of ECDC 17.100.070
C
C
C
C
C
C
Outdoor storage, incidental to a permitted use
D
X
D
D
D
D
Aircraft landings as regulated by Chapter 4.80 ECC
X
X
D
D
D
D
A = Permitted primary use
B = Permitted secondary use
C = Primary uses requiring a conditional use permit
D = Secondary uses requiring a conditional use permit
X = Not permitted
NOTES:
(1) BD1 Zone GFSF = Ground Floor Designated Street Frontage (first 45 feet measured from public rights-of-
way/sidewalk or parks/plazas) as defined under Edmonds Community Development Code Map 16.43-1: Designated
Street Front for BD Zones. Buildings set back 15 feet or more from the sidewalk shall not be subject to the BD
Zone GFSF requirements.
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(2) Services — by appointment uses not providing open door retail/dining/entertainment functions as a primary
component of the business are not allowed within BD 1 GFSF (first 45 feet). Open door businesses, e.g., real estate
offices, banks (with tellers and no drive-throughs), nail and hair salons are allowed.
For conditional uses listed in Table 16.43-1, the use may be permitted if the proposal meets the criteria for
conditional uses found in Chapter 20.05 ECDC, and all of the following criteria are met:
1. Access and Parking. Pedestrian access shall be provided from the sidewalk. Vehicular access shall only be
provided consistent with ECDC 18.80.060. When a curb cut is necessary, it shall be landscaped to be
compatible with the pedestrian streetscape and shall be located and designed to be as unobtrusive as possible.
2. Design and Landscaping. The project shall be designed so that it is oriented to the street and contributes to
the pedestrian streetscape environment. Fences more than four feet in height along street lot lines shall only
be permitted if they are at least 50 percent open, such as a lattice pattern. Blank walls shall be discouraged,
and when unavoidable due to the nature of the use shall be decorated by a combination of at least two of the
following:
a. Architectural features or details;
b. Artwork;
c. Landscaping.
B. Exception to the BD GSFS. The owner of a building in the BD zone may apply for an exception from the
restrictions on offices and medical uses within the designated street front for leasable space meeting all of the
following criteria:
1. The space is less than 500 square feet;
2. The space does not contain direct access to the street or sidewalk;
3. The previous use was a nonconforming use (e.g., not retail); and
4. The space has been vacant for a period of more than six months. [Ord. 4282 § 3 (Exh. B), 2022; Ord. 3955
§ 1 (Att. A), 2014; Ord. 3932 § 6, 2013; Ord. 3918 § 1 (Att. 1), 2013; Ord. 3894 § 4, 2012; Ord. 3700 § 1,
2008].
Section 16.45.010 Uses.
A. Permitted Primary Uses.
1. Single-family dwellings, as regulated in RS-6 zone;
2. Neighborhood -oriented retail stores, retail service uses, excluding uses such as commercial garages, used car
lots, taverns, theaters, auditoriums, undertaking establishments and those uses requiring a conditional use
permit as listed below;
3. Offices and outpatient clinics, excluding commercial kennels;
4. Dry cleaning stores and laundromats;
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5. Small animal hospitals;
6. Churches, subject to the requirements of ECDC 17.100.020;
7. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R);
8. Local public facilities designated and sited in the capital improvement plan, subject to the requirements of
ECDC 17.100.050;
9. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the
requirements of ECDC 17.100.070.
B. Permitted Secondary Uses.
1. Limited assembly, repair or fabrication of goods incidental to a permitted or conditional use;
2. Off-street parking and loading areas to serve a permitted or conditional use;
3. One dwelling unit per lot, in the story above the street floor, with a minimum lot area of 6,000 square feet;
4. Commuter parking lots that contain less than 10 designated parking spaces in conjunction with any local
public facility allowed by this section. Any additionally designated parking spaces that increase the total
number of spaces in a commuter parking lot to 10 or more shall subject the entire commuter parking lot to a
conditional use permit as specified in subsection (D)(2) of this section, including commuter parking lots that
are located upon more than one lot as specified in ECDC 21.15.075;--.
5. Outdoor dining meeting the criteria of Chapter 17.75 ECDC.
C. Primary Uses Requiring a Conditional Use Permit.
1. Commercial parking lots;
2. Drive-in businesses;
3. Businesses open to the public between the hours of 11:00 p.m. and 6:00 a.m.;
4. Convenience stores;
5. Local public facilities not planned, designated, or sited in the capital improvement plan, subject to the
requirements of ECDC 17.100.050;
6. Day-care centers;
7. Hospitals, convalescent homes, rest homes, sanitariums;
8. Museums, art galleries, zoos, and aquariums of primarily local concern that do not meet the criteria for
regional public facilities as defined in ECDC 21.85.033;
9. Counseling centers and residential treatment facilities for current alcoholics and drug abusers;
10. Regional parks and community parks without a master plan subject to the requirements of ECDC
17.100.070.
D. Secondary Uses Requiring a Conditional Use Permit.
1. Outdoor storage, incidental to a permitted or conditional use;
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2. Commuter parking lots with 10 or more designated parking spaces in conjunction with a facility meeting the
criteria listed under subsection (C)(6) through (10) of this section. [Ord. 3353 § 3, 2001; Ord. 3269 § 1, 1999*;
Ord. 3120 § 1, 1996; Ord. 2759 § 1, 1990; Ord. 2660 § 1, 1988; Ord. 2283 § 4, 1982].
*Code reviser's note: Ord. 3269 expired August 13, 2000. For provisions on the outdoor display of merchandise, see Chapter
17.65 ECDC.
Section 16.50.010 Uses.
A. Permitted Primary Uses.
1. Single-family dwellings, as regulated in RS-6 zone;
2. Retail stores, restaurants, offices and service uses, excluding intense uses, such as trailer sales, used car lots
(except as part of a new car sales and service dealer), and heavy equipment sales and services;
3. New automobile sales and service;
4. Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents;
5. Printing, publishing and binding establishments;
6. Bus stop shelters;
7. Community -oriented open air markets conducted as an outdoor operation and licensed pursuant to provisions
in the Edmonds City Code;
8. Multiple Dwelling Unit(s). This use may not be located on the ground floor of a structure, except as provided
in ECDC 16.50.020(B);
9. Churches, subject to the requirements of ECDC 17.100.020;
10. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R);
11. Local public facilities subject to the requirements of ECDC 17.100.050;
12. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the
requirements of ECDC 17.100.070.
B. Permitted Secondary Uses.
1. Limited assembly, repair or fabrication of goods incidental to a permitted or conditional use;
2. Off-street parking and loading areas to serve a permitted or conditional use;
3. Commuter parking lots in conjunction with a facility meeting the criteria listed under subsections (C)(11)
through (14) of this section, except that the facility may also be located along a designated transit route in
addition to an arterial or collector streets.-
4. Outdoor diningmg the criteria of Chapter 17.75 ECDC.
C. Primary Uses Requiring a Conditional Use Permit.
1. Commercial parking lots;
2. Wholesale uses;
3. Hotels and motels;
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4. Amusement establishments;
5. Auction businesses, excluding vehicle or livestock auctions;
6. Drive-in businesses;
7. Laboratories;
8. Fabrication of light industrial products;
9. Convenience stores;
10. Day-care centers and preschools;
11. Hospitals, convalescent homes, rest homes, and sanitariums;
12. Museums, art galleries, zoos, and aquariums of primarily local concern that do not meet the criteria for
regional public facilities as defined in ECDC 21.85.033;
13. Counseling centers and residential treatment facilities for current alcoholics and drug abusers;
14. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070
D. Secondary Uses Requiring a Conditional Use Permit.
1. Outdoor storage, incidental to a permitted or conditional use;
2. Aircraft landings as regulated by Chapter 4.80 ECC. [Ord. 3943 § 1 (Exh. 1), 2013; Ord. 3932 § 4, 2013;
Ord. 3894 § 2, 2012; Ord. 3627 § 2, 2007; Ord. 3353 § 4, 2001; Ord. 3269 § 2, 1999*; Ord. 3147 § 1, 1997]
*Code reviser's note: Ord. 3269 expired August 13, 2000. For provisions on the outdoor display of merchandise, see Chapter
17.65 ECDC.
Section 16.55.010 Uses.
A. Permitted Primary Uses.
1. Marine -oriented services;
2. Retail uses which are either marine oriented or pedestrian oriented, excluding drive-in businesses;
3. Petroleum products storage and distribution;
4. Offices, above the ground floor, excluding medical, dental and veterinary clinics;
5. Local public facilities with marine -oriented services or recreation;
6. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the
requirements of ECDC 17.100.070;
7. Hotels.
B. Permitted Secondary Uses.
1. Off-street parking and loading in connection with a permitted use;.
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2. Outdoor dining the criteria of Chapter 17.75 ECDC.
C. Secondary Uses Requiring a Conditional Use Permit.
1. Aircraft landings as regulated by Chapter 4.80 ECC;
2. Regional parks and community parks without a master plan subject to the requirements of ECDC
17.100.070. [Ord. 4213 § 1 (Att. A), 2021; Ord. 3353 § 6, 2001; Ord. 2366 § 9, 1983; Ord. 2307, 1982; Ord.
2283 § 6, 1982].
Section 16.60.010 Uses.
A. Permitted Primary Uses.
1. All permitted or conditional uses in any other zone in this title, except as specifically prohibited by
subsection (C) of this section or limited by subsections (B) and (D) of this section
2. Halfway houses
3. Sexually oriented businesses, which shall comply with the location standards set forth in ECDC 16.60.015,
the development regulations set forth in Chapter 17.50 ECDC, and the licensing regulations set forth in Chapter
4.52 ECC.
B. Permitted Secondary Uses.
1. Off-street parking and loading areas to serve a permitted use.
2. Indoor storage facilities that either comprise less than 40 percent of a permitted primary use of the building
in which they are located or are in a separate accessory building or buildings comprising less than 40 percent of
the total leasable building space used for the parcel's permitted primary use(s).
3. Outdoor storage areas that are integral to a permitted primary use, such as storage or display areas for
automobile sales, building materials or building supply sales, or garden/nursery sales; provided, that such
outdoor uses are screened from adjacent residential zoning districts;
4. Outdoor dining the criteria of Chapter 17.75 ECDC.
C. Prohibited Uses.
1. Mobile home parks.
2. Storage facilities or outdoor storage areas intended as a primary use, not secondary to a permitted use.
Automobile wrecking yards, junk yards, or businesses primarily devoted to storage or mini storage are
examples of this type of prohibited use.
D. Uses Requiring a Conditional Use Permit.
1. Aircraft landings as regulated by Chapter 4.80 ECC. [Ord. 4302 § 1 (Art. A), 2023; Ord. 4078 § 1 (Exh. 1),
2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3635 § 1, 2007].
Section 16.62.010 Uses.
A. Permitted Primary Uses.
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1. Medical and health care uses including but not limited to hospitals, outpatient clinics, continuing/long-term
care services, hospice services, laboratories, medical research facilities, emergency medical services and offices
of doctors, dentists, physical therapists, and all others related to medical and health care uses;
2. Medical staff facilities and similar uses, including but not limited to educational and meeting facilities and
staff sleeping quarters;
3. Retail sales and services related to medical uses, including but not limited to pharmacies and convenience
stores, gift shops, bookstores, florists, medical and health care equipment sales and restaurants. Only uses
directly related to supplying medical services may be permitted to operate drive -through facilities;
4. Residential uses dependent upon or related to medical care, including but not limited to convalescent care
facilities, nursing homes, retirement homes, group homes for the disabled and overnight accommodations;
5. Day-care facilities;
6. Counseling centers and alcohol and drug treatment facilities;
7. Transit and other transportation -related facilities;
8. Local public facilities, whether or not planned, designated, and sited in the capital improvement plan, subject
to the requirements of ECDC 17.100.050;
9. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R);
10. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the
requirements of ECDC 17.100.070.
B. Permitted Secondary Uses.
1. Helicopter pads related to medical use, if approved as part of a master plan and adopted as part of the
comprehensive plan;
2. Facilities for the permanent storage and/or disposal of biomedical, radioactive and other hazardous waste
shall not be permitted; provided, however, that facilities for the treatment or temporary storage of biomedical,
radioactive and other hazardous waste generated within the medical use zone, or by local publicly operated
medical facilities related to the hospital, shall be permitted;
3. Outdoor dining meeting the criteria of Chapter 17.75 ECDC.
C. Secondary Uses Requiring a Conditional Use Permit.
1. Helicopter pads related to medical use. If the location of a helipad is not included as part of an approved
master plan, then a conditional use permit shall be required. In addition to the conditional use permit review
criteria, the development and use of a helipad shall be subject to the following conditions:
a. The helipad shall be limited to emergency medical uses only;
b. Noise from the helipad must be minimized using buffering combined with other operational and site
design techniques to minimize the noise impact on surrounding uses;
c. The helipad shall be sited no closer than 75 feet to any right-of-way or property boundary;
d. The hospital district shall take reasonable measures to ensure safety around the helipad, when in use,
and shall comply with all applicable FAA standards and regulations;
e. The helipad should be located in the southern portion of the site in order to mitigate potential noise
impacts of the residential areas to the north;
ATTACHM Packet Pg. 95
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2. Regional parks and community parks without a master plan subject to the requirements of ECDC
17.100.070. [Ord. 3453 § 3, 2003; Ord. 3353 § 7, 2001; Ord. 3118 § 1, 1996].
Section 16.100.030 Uses.
A. Table 16.100.030-1.
Permitted Uses
District 1
Commercial
District 2
Multifamily
Residential Uses
Single-family dwelling
X
X
Multiple dwelling unit(s)
X
A
Housing for low-income elderly and senior housing
X
A
Commercial Uses
Retail stores or sales
A
A
Offices (2nd floor or higher than retail space in the same building)
A
A
Service uses including professional service offices, health clinics
A
A
Retail uses including grocery stores, pharmacy/drug stores and bookstores
A
E
Retail sales requiring intensive outdoor display or storage areas, such as trailer sales, used car
lots (except as part of a new car sales and service dealer), and heavy equipment storage, sales or
services
X
X
Restaurants (excluding drive -through)
A
A
Pubs, taverns or bars
A
X
Outdoor dining meeting the criteria of Chapter 17.75 ECDC.
B
B
Enclosed fabrication or assembly areas associated with and on the same property as an art
studio, art gallery, shoe repair, restaurant or food service establishment that also provides an on -
site retail outlet open to the public
A
E
Automobile sales and service
X
X
Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning
agents
C
E
Printing, publishing and binding establishments
C
C
Community -oriented open air markets conducted as an outdoor operation and licensed pursuant
to provisions in the Edmonds City Code
A
A
Bus stop shelters
A
X
Churches, subject to the requirements of ECDC 17.100.020
A
E
Local public facilities subject to the requirements of ECDC 17.100.050
C
C
Off-street parking and loading areas to serve a permitted use
B
B
Commuter parking lots in conjunction with a facility otherwise permitted in this zone
B
B
Commercial parking lots
A
C
Wholesale uses
X
X
ATTACHM Packet Pg. 96
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Permitted Uses
District 1
Commercial
District 2
Multifamily
Hotels and motels
A
A
Amusement establishments
C
X
Auction businesses, excluding vehicle or livestock auctions
X
X
Drive-in businesses
X
X
Laboratories
X
X
Fabrication of light industrial products not otherwise listed as a permitted use
X
X
Day-care centers
C
C
Museums and art galleries of primarily local concern that do not meet the criteria for regional
public facilities as defined in ECDC 21.85.033
A
E
Retail stores larger than 12,000 GSF
X
X
Residential treatment facilities for alcoholics and drug abusers
X
X
Light industrial
X
X
Outdoor storage, incidental to a permitted use
D
D
A = Permitted primary use
B = Permitted secondary use
C = Primary uses requiring a conditional use permit
D = Secondary uses requiring a conditional use permit
E = Permitted primary use on ground level floor only
X = Not permitted
[Ord. 3760 § 1, 2009].
a
ATTACHM packet Pg. 97
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16.110.010 Uses.
A. Table 16.110-1.
Permitted Uses
WMU
Commercial Uses
Retail stores or sales
A
Offices
A
Service uses
A
Retail sales requiring intensive outdoor display or storage areas, such as trailer sales, used car lots (except as part of a new car
sales and service dealer), and heavy equipment storage, sales or services
X
Enclosed fabrication or assembly areas associated with and on the same property as an art studio, art gallery, restaurant or food
service establishment that also provides an on -site retail outlet open to the public
A
Automobile sales and service
C
Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents
A
Printing, publishing and binding establishments
A
Public markets licensed pursuant to provisions in Chapter 4.90 ECC
A
Outdoor dining meeting the criteria of Chapter 17.75 ECDC
B
Residential Uses
Single-family dwelling
C
Multiple dwelling unit(s)
A
Other Uses
Bus stop shelters
A
Churches, subject to the requirements of ECDC 17.100.020
C
Primary and high schools, subject to the requirements of ECDC 17.100.050(G) through (R)
C
Local public facilities, subject to the requirements of ECDC 17.100.050
C
Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of
ECDC 17.100.070
A
Off-street parking and loading areas to serve a permitted use
B
Commuter parking lots in conjunction with a facility otherwise permitted in this zone
B
Commercial parking lots
C
Wholesale uses
X
Hotels and motels
A
Amusement establishments
C
Auction businesses, excluding vehicle or livestock auctions
X
Drive-in businesses
C
Laboratories
C
Fabrication of light industrial products not otherwise listed as a permitted use
X
a
ATTACHM Packet Pg. 98
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Permitted Uses
WMU
Day-care centers
A
Hospitals, health clinics, convalescent homes, rest homes, sanitariums
C
Museums and art galleries of primarily local concern that do not meet the criteria for regional public facilities as defined in
ECDC 21.85.033
A
Zoos and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC
21.85.033
C
Counseling centers and residential treatment facilities for current alcoholics and drug abusers
C
Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070
C
Outdoor storage, incidental to a permitted use
D
Aircraft landings as regulated by Chapter 4.80 ECC
X
A = Permitted primary use
B = Permitted secondary use
C = Primary uses requiring a conditional use permit
D = Secondary uses requiring a conditional use permit
X = Not permitted
For conditional uses listed in Table 16.110-1, the use may be permitted if the proposal meets the criteria for
conditional uses found in Chapter 20.05 ECDC, and all of the following criteria are met:
1. Access and Parking. Pedestrian access shall be provided from the sidewalk and/or adjoining commercial
areas.
2. The use shall be landscaped and designed to be compatible with the pedestrian streetscape, as describcd in
Chapter 22.110 ECDC. [Ord. 3993 § 1 (Exh. 1), 2015].
Section 17.05.020 Reasonable accommodations.
A. Upon the application of a disabled person or individual or entity providing services to the disabled in a residential
facility or other group living arrangement, the community services director planning and development director or his
designee is hereby authorized to vary, modify, or waive the provisions of the Edmonds Community Development
Code, including the provisions of ECDC Title 19, in order to provide a reasonable accommodation as necessary to
provide to a disabled person's or care provider to the disabled's full enjoyment of a residence.
B. The city's duty to accommodate is an affirmative one, and the ,iees a:..^^te planning and
development director is thereby authorized to provide accommodations in a thoughtful and proactive manner.
C. The following review may, at the discretion of the community services aireeto planning and development
director, include citizen input into the administrative process. The community services airecto planning and
development director shall provide written notice of the accommodation to the applicant and property owners within
300 feet of the subject site.
D. When applying this reasonable accommodation process to the Edmonds Community Development Code,
including the State Building Code and other codes adopted pursuant to ECDC Title 19 and Chapter 19.05 ECDC,
the staff shall avoid the stereotypical assumptions regarding the disabled and shall attempt to ascertain the actual
physical and/or mental limitation of the disabled individual in order to craft an accommodation which best suits the
exercise of that individual's rights. [Ord. 3183 §§ 1, 2, 1998; Ord. 3142 § 2, 1997].
ATTACHM Packet Pg. 99
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Section 17.05.040 Accommodations personal to the applicant.
The accommodation provided shall be personal to the applicant and shall not run with the land; provided, however,
that a change in a residential structure necessary to accommodate the operation of a residential care provider to the
disabled may be continued by future operations of similar facilities at the site who establish the same use within six
months of the date the prior use by disabled person or residential care provider ceases. The
dir-eete planning and development director may therefore direct that any physical change in the structure which
would otherwise be illegal under the use or bulk requirements of the Community Development Code be brought into
compliance six months after the date of sale or transfer of a residential structure to a person or entity not qualifying
for the protections of the ADA, FHA and WLAD. [Ord. 3183 § 2, 1998; Ord. 3142 § 2, 1997].
Section 17.05.050 Appeal.
There shall be no appeal from the decision of the eeff wait., s^r°iees air-eete planning and development director
within the city. Interested persons, that is persons located within 300 feet of the building site, may appeal the
reasonable accommodation by filing a petition for review with Snohomish County Superior Court within 10 days of
the date of mailing of the written notice of decision. [Ord. 3183 § 2, 1998; Ord. 3142 § 2, 1997].
Section 17.10.000 Bond required.
A. Site Improvement Bond. Before the ^^,r.. unit.. development diree*^r planning and development director
approves the issuance of a building permit, or occupancy permit, for a change of use for any proposal for which the
city council, a city board or commission, or a city department has required site improvements, the developer or
owner of the property involved shall provide the comnu ity development dir^^'^r planning and development
director with a performance bond, or similar security, to ensure that the required site improvements are completed
before the building is occupied or the use begins. The bond shall be based on the full cost of all required site
improvements, including drainage and landscaping.
B. Maintenance Bond. Before the ^^.,.w unity deve opm^ff' dir-ee planning and development director approves
release of a site improvement bond, the developer or owner shall provide a bond, or similar security, for 15 percent
of the amount of the site improvement bond to ensure the maintenance of the site improvements for two years after
the site improvement bond is released.
C. Release of Bond. The ee ff bmit , deve epment air^^ planning and development director shall release the site
improvement bond only after every affected city department has stated in writing that the site improvements are
complete and satisfactory, and the developer or owner has provided the required maintenance bond.
D. Other Bonds. When other bonds are required, as for a subdivision, they shall be provided to the eommunity
development director planning and development director. When a proposal involves more than one bond, all bonds
shall be provided before any work or occupancy begins. No bonds shall be released by the comnu ity development
deter planning and development director until work covered by all bonds has been satisfactorily completed.
E. Bond Procedure. The ^,.ri.munity development dire^. planning and development director shall adopt rules for
bond amount determination, time limits, alternate acceptable securities, release of portions of bonds on completion
of phases of work, additional bond amounts for extensions of time, and related matters. The
development directo planning and development director may refer matters under the scope of this chapter to the
appropriate department or division of the city for processing, approval, retainage and release.
ATTACHM Packet Pg. 100
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Chapter 17.30
FENCES*
Sections:
17.30.000 General.
17.30.010 Special height restrictions.
17.30.035 Trellises and arbors.
*Code reviser's note: See Errs , n nn n7nm) and Chapter- - 15.00 ECDC 15.00.020 for fence permit fees.
17.30.000 General.
A. A fence permit shall be required for any fence over three feet in height which is also within 10 feet of any street
right-of-way or access easement or within 30 feet of any corner. Height shall be measured from the top of the fence
to the lowest original grade.
B. A fence permit shall be required for any fence within a critical area or its buffer.
C. Unless a variance is first obtained, no fence shall be more than six feet in height as measured from the top of the
fence to the lowest original grade.
D. When a retaining wall three feet in height or greater is contiguous to and below a proposed fence, the proposed
fence may be constructed for the purposes of safety not greater than four feet above the top of the retaining wall or
the finished grade, whichever is less, without the necessity for a variance. [Ord. 3491 § 3, 2004; Ord. 2954 § 1,
1993; Ord. 2772 § 1, 1990].
17.30.010 Special height restrictions.
A. Streets and Corners. Height shall normally be limited to three feet within 10 feet of any street right-of-way or
access easement or 30 feet of any corner, unless an exception is approved.
B. Exception. If the city engineer finds that no hazard to users of the street or to nearby property will be created, the
city engineer may approve a fence of up to six feet in height.
C. Hazard. No fence or other obstruction may be constructed or maintained if it creates a hazard to users of the street
or nearby property (ECDC 18.85.060). [Ord. 3491 § 4, 2004; Ord. 2954 § 1, 1993].
17.30.035 Trellises and arbors.
A. Definitions. As used in this section, the referenced terms shall have the following definitions:
1. "Arbor" is a separate freestanding or attached structure that has a lattice roof and lattice walls or a horizontal
lattice work structure serving to roof a gate or entrance way.
2. "Lattice" and/or "lattice work" is a framework of cross wood or metal strips or a predominantly open
framework of wood or metal designed for decorative purposes or landscaping purposes.
3. "Predominantly open" refers to a lattice work or similar decorative pattern which is designed to permit the
free flow of light and air through the framework and which is designed primarily for decorative rather than
privacy or security purposes.
4. "Trellis" is a horizontal structure of open lattice work designed and intended to support the growth of vines
or other vegetation or a horizontal decorative element composed of lattice work which admits light and air
through a predominantly open design.
B. For the purposes of regulation under the Edmonds Community Development Code trellises shall be considered to
be a fence or a part of a fence. As such, trellises shall be subject to the same height limitations as fences and permits
shall be required to be obtained under the same circumstances as a fence. A trellis which has a horizontal element
which is more than 36 inches in width measured perpendicular to the fence or trellis shall be considered an arbor and
subject to the siting requirements for an arbor.
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C. In addition to the height limits imposed by ECDC 17.30.000(C), the following additions to a fence may be
constructed without a variance:
1. A trellis up to two additional feet in height to a maximum of eight feet may be added as a decorative element
to a fence so long as the combined length of the trellis(es) constructed facing a property line do not exceed 25
percent of the total length of that property line.
2. A trellis up to two additional feet in height to a maximum of eight feet may be added as a decorative element
to a fence facing a street, alley or access easement so long as the trellis remains free of any plantings,
vegetation or other visual obstruction.
3. An arbor up to three additional feet in height to a nine -foot maximum may be constructed over a gate,
walkway or entrance. [Ord. 3348 § 1, 2001].
Ceet
acccimrr.
17.3 5.010 n p . kea
17.35.020
17.35.030 e fi d
17.35.040 e *fi a
1 .35.010 Purpose.
Re by Ord, anQQ 3 343 § i 2004
,pealed [Ord.
17.35.020 Definitions
Repealed-b.,y 04 3988. [Ord.3343§ z, 2004r
17.35.0330 Keeping domesticated d in
residential zones.
§ 1, 2 9; Ord. 3343 § 1,�200 1T
of animals
by,
ReeodiTaed-to ECC 5 by, OPJ. 3988. 3759
[Ord.
> > >
ATTACHM Packet Pg. 102
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Section 17.50.020 Parking space requirements.
[Refer to ECDC 17.50.010(C) and 17.50.070 for standards relating to the downtown business area.]
A. Residential.
1. Single-family and multifamily.
a. Single-family dwellings: two spaces per dwelling unit, except:
b. Multiple residential according to the following table:
Type of multiple dwelling
unit
Required parking spaces per
dwelling unit
Studio
1.2
l bedroom
1.5
2 bedrooms
1.8
3 or more bedrooms
2.0
2. Boarding house: one space per bed.
3. Rest home, nursing home, convalescent home, residential social welfare facilities: one space per three beds.
4. Single-family dwellings with accessory dwelling unit: three spaces total.
B. Business.
1. Retail stores, including art galleries, convenience stores, department stores, discount stores, drug stores,
grocery stores, supermarkets: one space per 300 square feet;
2. Furniture, appliances, and hardware stores: one space per 600 square feet;
3. Services uses, including barber shops, beauty shops, dry cleaners, laundries, repair shops: one space per 600
square feet;
4. Medical, dental and veterinarian offices, banks and clinics: one space per 200 square feet;
5. Business and professional offices with on -site customer service: one space per 400 square feet;
6. Offices not providing on -site customer service: one space per 800 square feet;
7. Bowling alley: four spaces per bowling lane;
8. Commercial recreation: one space per 500 square feet, or one space for each customer allowed by the
maximum permitted occupant load;
9. Car repair, commercial garage: one space per 200 square feet;
10. Drive-in restaurants, automobile service station, car dealer, used car lot: one space per 500 square feet of lot
area;
11. Restaurant, tavern, cocktail lounge: if less than 4,000 square feet floor area, one per 200 square feet gross
floor area; if over 4,000 square feet floor area, 20 plus one per 100 square feet gross floor area in excess of
4,000 square feet;
12. Plant nurseries (outdoor retail area): one space per five square feet of outdoor retail area;
ATTACHM Packet Pg. 103
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13. Motels and hotels: one space per room or unit;
14. Retail warehouse, building materials yard: one space per 1,000 square feet of lot area or one per three
employees;
15. Manufacturing, laboratories, printing, research, automobile wrecking yards, kennels: one space per two
employees on largest shift;
16. Mortuary: one space per four fixed seats or per 400 square feet of assembly area, whichever is greater;
17. Marina: to be determined by the hearing examiner, using information provided by the applicant, and the
following criteria:
a. The type of storage facility (moorage, dry storage, trailer parking) and intended use (sailboats, fishing
boats, leisure boats),
b. The need to accommodate overflow peak parking demand from other uses accessory to the marina,
c. The availability and use of public transit;
18. Storage warehouse: one space per employee;
19. Wholesale warehouse: one space per employee;
20. Adult retail store: one space per 300 square feet;
21. Sexually oriented business (except adult retail store): one space for each customer allowed by the maximum
permitted occupant load.
C. Community Facilities.
1. Outdoor places of public assembly, including stadiums and arenas: one space per eight fixed seats, or per 100
square feet of assembly area, whichever is greater;
2. Theaters: one space per five seats;
3. Indoor places of public assembly, including churches, auditoriums: one space per four seats or one space per
40 square feet of assembly area, whichever is greater;
4. Elemeatai-y seheals, junior- high seheals, beafding sehaels (elemeataizy through senior- high), residential
gr-eater-Primary and Secondary Schools: See ECDC 17.100.050(M) for parking standards relating to primary
and secondary schools;
5. Residential colleges and universities: six spaces per classroom, or one space per daytime employee'
whichever is greater;
6 -. Nonresidential colleges and universities: one space per daytime employee;
6. High schools (senior-): one space per daytime employee;
7. Museums, libraries, art galleries: one space per 250 square feet;
8. Day-care centers and preschools: one space per 300 square feet, or one per employee, plus one per five
students, whichever is larger;
9. Hospitals: three spaces per bed;
10. Maintenance yard (public or public utility): one space per two employees.
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D. Electric Vehicle (EV) Charging Infrastructure Parking Standards. See Chapter 17.115 ECDC for parking
standards relating to electric vehicle (EV) charging infrastructure. [Ord. 4251 § 2 (Exh. A), 2022; Ord. 3496 § 2,
2004].
17.50.030 Calculations.
A. Square Feet. Unless otherwise specified, square feet refers to the gross building square footage, including outdoor
areas used for the same use. (sue(sueh as an ..*doer ea4ing area for a o.,.,... a fit`
B. Combination of Uses. Combination of uses shall meet the requirement based on the sum of all the uses reduced
by any applicable joint use provisions (see ECDC 17.50.060). Examples of such combined uses are: a furniture store
with a retail display area and attached storage warehouse, a storage warehouse with attached office, a church with a
parochial school, mixed use building with commercial and residential uses and so forth.
C. Different Uses on Same Site. The requirement for different uses on the same site shall be the sum of all
requirements for the individual uses, reduced by any applicable joint use provisions.
D. Uses Not Specified. Any use not listed above shall meet the requirements of the most similar listed use as
determined by the community development dire planning and development director.
E. Fractions. When the requirements of this chapter result in a fractional number of parking spaces, one space shall
be provided for a fraction of one-half or more, and no space shall be required for a fraction of less than one-half.
[Ord. 3496 § 2, 2004].
Section 17.50.070 Downtown business area parking requirements.
A. See ECDC 17.50.010(C) for the parking requirements in the downtown business area.
B. Downtown Business Area Defined. The downtown business area consists of all land zoned BC, BD or CW and
located in the area east of Puget Sound, south of Emends Daley -Street, west of Seventh Avenue, and north of Pine
Street. For the purposes of this chapter only, the downtown business area shall include all commercially zoned
properties within the specified boundaries.
C. Exceptions to the required parking standards in the downtown area. When requested by the developer, the staff,
using information provided by the applicant, may decrease the required parking for a building listed on the Edmonds
register of historic places in order to retain historic elements of the building during its expansion, remodeling or
restoration. Any building construction or remodeling activities serving as the justification for the parking exception
shall be consistent with the criteria and procedures governing historic buildings contained in Chapter 20.45 ECDC.
The decision on the parking exception shall be processed as a Type II decision. [Ord. 3736 § 15, 2009; Ord. 3628 §
2, 2007; Ord. 3496 § 2, 2004].
Section 17.50.090 Temporary parking lots.
A. Conditional Use. A conditional use permit shall be required in order to construct or maintain a temporary parking
lot in any B (business) or C (commercial) zone. The initial permit shall be valid for a term of one year; provided,
however, that extensions may be approved under the following conditions:
1. The applicant may apply to the ^^w.,..,,nity services three*^ planning and development director to have said
permit extended for a period of one year upon the filing of a written application stating the reasons for said
requests prior to the expiration of the original permit.
2. The applicant may, in addition, apply for an additional two-year extension through the vehicle of a
conditional use permit for a temporary parking lot. In addition to satisfying the criteria of ECDC 20.05.010, the
applicant shall be required to demonstrate that a public benefit will result from the issuance of the two-year
ATTACHM Packet Pg. 105
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extension. In no event shall a temporary parking lot be permitted to continue beyond four years from the date
the initial conditional use permit is granted.
3. Applications for a conditional use permit, or an appeal of a staff decision approving or denying a one-year
extension thereof, shall be reviewed by the hearing examiner under the same terms and conditions as any conditional
use permit utilizing the criteria contained in Chapter 20.05 ECDC and under the procedural requirements contained
in Chapter 20.06 ECDC. An application for a two-year extension shall be processed in the same manner as an initial
application for a conditional use permit for a temporary parking lot and new or changed conditions may be imposed
in the course of that process.
B. Improvements. The hearing examiner shall require the applicant to meet the public improvement and dedication
requirements for permanent use of the director of community services. The applicant shall also be required to
provide a durable, well -drained, dust -free and hard surface for the parking lot.
C. Review by the Architectural Design Board. If the conditional use permit is approved, the applicant shall then
submit the proposal for review to the architectural design board, and shall comply with any requirements of the
board as to signage, lighting, screening and landscaping. Nothing herein shall be interpreted to prohibit an applicant
from filing a simultaneous request for review of his conditional use permit application by the hearing examiner
and/or review of said lot by the architectural design board. [Ord. 3783 § 3, 2010; Ord. 3775 § 3, 2010; Ord. 3736 §
16, 2009; Ord. 3496 § 2, 2004].
Section 17.70.000 Security units.
A. Definition. A "security unit" is a building, mobile home, trailer, or vehicle used temporarily in connection with
providing security during construction of a structure or building for which a valid building permit has been issued.
B. Conditions. A security unit is permitted in all zones under the following conditions:
1. All sanitation facilities and safety measures shall be approved in advance by the building official, health
official and other appropriate city officials.
2. Unless earlier directed by the building official pursuant to subsection (13)(3) of this section, security units in
the following zones shall be removed after the following time periods:
a. In an RS zone, one year;
b. All other zones, one year, with a one-year extension if the community development dire planning
and development director finds that the project is large enough to require the longer period, disregarding
any self-imposed delay.
3. The building official may order the removal of a security unit if any of the following situations occur:
a. The building permit expires or is cancelled.
b. The building official issues an occupancy permit.
c. The building official determines that the security structure is no longer needed to provide protection
against theft or vandalism. [Ord. 3742 § 1, 2009].
Section 17.115.020 Definitions.
A. "Battery charging station" means an electrical component assembly or cluster of component assemblies designed
specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations
set forth by Chapter 19.28 RCW and RCW 19.27.540.
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B. `Battery exchange station" means a facility that will enable an electric vehicle with a swappable battery to enter a
drive lane and exchange the depleted battery with a fully charged battery, which meets or exceeds any standards,
codes, and regulations set forth by Chapter 19.27 RCW and RCW 19.27.540.
C. "Charging level" means the standardized indicators of electrical force, or voltage, at which an electric vehicle's
battery is recharged. Levels I, II, and III are defined by the electrical output, per the following specifications:
1. Level I. Considered slow charging and operates on a 15 to 20 amp breaker on a 120 volt AC circuit.
2. Level II. Considered medium charging and operates on a 40 to 100 amp breaker on a 208 or 240 volt AC
circuit.
3. Level III. Considered fast or rapid charging and operates on a 60 amp or higher breaker on a 480 volt or
higher three-phase circuit with special grounding equipment.
D. "Designated accessible parking space" means an accessible parking space required by WAC 51-50-005 and
designated for the exclusive use of parking vehicles with a state disabled parking permit.
E. "Electric vehicle" or "EV" means any vehicle that operates, either partially or exclusively, on electrical energy
from the grid, or an off -board source, that is stored on board for motive purpose.
F. "Electric vehicle capable" or "EV capable" means a parking space that has listed an install panel capacity and
conduit (raceway) and electrical capacity (breaker space) allocated to accommodate the future build -out of an
electric vehicle charging station with Level II or Level III charging circuits.
G. "Electric vehicle charging station" means a public or private parking space that is served by EV ready or EV
installed forms of electric vehicle charging infrastructure that has as its primary purpose the transfer of electric
energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.
H. "Electric vehicle charging infrastructure" means structures, machinery, and equipment necessary and integral to
support an electric vehicle, including but not limited to battery charging stations, rapid charging stations, and battery
exchange stations.
I. "Electric vehicle installed" or "EV installed" means a fully installed electric vehicle charging station for Level II
or Level III charging levels.
J. "Electric vehicle parking space" means any marked parking space that identifies the use to be exclusively for the
parking of an electric vehicle.
K. "Electric vehicle ready" or "EV ready" means a parking space that is designed and constructed to include a fully
wired circuit with a Level II or Level III electric vehicle charging receptacle outlet or termination point, including
conduit and wiring and the electrical service capacity necessary to serve the receptable, that allows for future
installation of an electrical vehicle charging station.
L. Electric Vehicle Supply Equipment or EVSE. See "Electric vehicle charging station."
A Nonresidential Use. For the purposes of this chapter, a "nonresidential use" means any primary use that is not a
residential use such as, but not limited to, business uses, commercial uses, industrial uses, or public facility uses.
N. "Rapid charging station" means a Level III electric vehicle charging station that allows for faster recharging of
electric vehicle batteries through higher power levels.
O. Substantial Damage. For the purposes of this chapter, "substantial damage" means damage of any origin
sustained by a structure whereby the cost of restoring the structure to its before -damaged condition would equal or
exceed 50 percent of the replacement cost of the structure before the damage occurred.
P. Substantial Improvement. For the purposes of this chapter, "substantial improvement" means any reconstruction,
rehabilitation, addition, or other improvement of a primary structure, the cost of which equals or exceeds 50 percent
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of the market value of the primary structure before the "start of construction" of the improvement. [Ord. 4251 § 1
(Exh. A), 2022].
Figure 17.115-1: Electric Vehicle Charging Capacities
o
000
EV Capable
Install electrical panel capacity with
a dedicated branch circuit and a
continuous raceway from the panel
to the future EV parking spot.
� Q o
:______-
000
EV Ready
Install electrical panel capacity and
raceway with conduit to terminate in a
junction box or 240-volt charging outlet
(typical clothing dryer outlet).
EV Installed
Install a minimum number of
Level 2 £V charging stations.
Section 18.00.010 Application.
A. Forms and Fees. The public works department shall provide application forms. Application fees and other fees
shall be as set in Chapter ECDC 15.00.020.
B. Required Information. The applicant shall provide the following information:
1. Applicant's name and address;
2. Owner's name, address and written consent if the applicant is not the owner;
3. The location, by address and legal description, of the site;
4. A site plan, to scale, showing existing and proposed structures, improvements and affected streets, utilities,
vegetation, LID elements, etc.;
5. The applicant shall clearly specify on the plans, in a separate written statement, how the proposed
development meets the requirements of this title;
6. Further information required by the portion of the community development code that governs the type of
application;
7. Further information required by general rules adopted by the public works director and information required
by the public works director to properly review an individual application;
8. A release of the city from all damages arising from any action or inaction of the city based on false,
misleading or incomplete information furnished by the applicant;
9. Permission to city staff to inspect the property involved to determine whether the application should be
approved.
C. Decision. The public works director or his designee shall decide whether to approve, conditionally approve, or
deny the application, based on staff analysis and comments from other departments. The decision shall be in writing,
and unless another appeal procedure is specifically identified in the provisions of this title, shall be appealable to the
hearing examiner pursuant to Chapter 20.06 ECDC as a Type II decision. Notice of the hearing shall be provided to
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the applicant and/or appellant and any other party who has requested notice in writing or provided written notice
during the application process. Such notice shall be provided in writing at least five (5) business days prior to the
hearing. No application may be approved that conflicts with any portion of the Community Development Code
unless that portion is specifically subject to waiver or variance. [Ord. 4085 § 5 (Exh. A), 2017; Ord. 3788 § 1, 2010]
Section 18.05.000 Scope.
A. This chapter shall be interpreted to require all new or extended utilities to be underground, except when
exempted by this section.
1. "Utilities" shall mean all equipment used to deliver services by a utility such as electricity, telephone or
cable television.
2. "Common utilities" shall mean utilities which serve more than one lot or commercial development.
3. "Private utility services" shall mean the utilities which connect a lot or commercial development with
common utilities.
4. "Utility" shall mean the person, agency, corporation or other organization providing utility service.
5. "Existing utility use" shall mean the existing utility service as judged in three categories: number of poles,
number of lines and height of poles within the project area for which the permit is sought.
6. "New or extended utilities" shall mean only utilities which are being built or extended to serve a new
commercial, industrial, or multifamily residential development which has not had that type of utility service, or
to serve a new single-family residential subdivision.
a. This definition shall not include:
i. Temporary extensions of service for construction purposes;
ii. Additions to any existing aboveground utility system where such additions are not for the purpose of
serving new commercial development or a single-family residential subdivision; nor
iii. Rebuilding or replacing existing common utilities; provided, that the rebuilt or replaced structures
do not expand the existing utility's use within the project area by 10 percent, except as provided in
Chapter 20.50 ECDC for wireless facilities. "Expansion" shall include the number and height of poles,
as well as the number of wires or cable carried thereon.
b. All utility services sought to be constructed as temporary services, additions or rebuilt or replaced
service shall be reviewed prior to issuance of a permit by the community services aireete public works
director. Any utility service found to be a "new or extended" service or an "expanded" service shall be
reviewed as herein provided.
7. "Multifamily residential" shall mean development intended for use as apartments, duplexes, condominiums,
or planned residential development.
8. "Project area" shall mean the actual area in which the project is proposed and shall include all structures or
facilities actually, physically impacted by the improvement as well as any necessary appurtenant or accessory
structures.
B. Exemptions. The following are exempt from the underground requirement of ECDC 18.05.010, but are still
subject to the design standards of ECDC 18.05.030:
1. Electric utility substations, padmounted transformers and switching facilities;
2. Electrical utilities of more than 55 kilovolts;
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3. Communication utilities not located on or along a public street right-of-way or private access easement;
4. Street light poles;
5. Telephone pedestals and similar devices;
6. Police and fire sirens, traffic -control devices and other similar municipal equipment;
7. Communication antennas which meet current FCC requirements, if any. [Ord. 3845 § 3, 2011; Ord. 3580 § 1,
2006; Ord. 2491, 1985].
18.05.040 Variances.*
Applications for variances from the underground requirements of this chapter shall be reviewed by the community
services air^^'^r public works director as a Type II development project permit application (see Chapter 20.01
ECDC). For the purposes of this chapter, the special circumstances necessary to justify a variance from the
undergrounding provisions of this chapter shall be limited to technological impracticability of any required
underground installation or to a finding that the cost of the underground installation is excessive in light of the
benefits derived and outweighs the benefits to be gained by the public. [Ord. 3736 § 25, 2009; Ord. 2498, 1985; Ord.
2491, 19851.
*Code reviser's note: Variance fee for underground wiring shall be as set in Qrapter-1-5-98-ECDC 15.00.020.
Section 18.10.010 Sewer connections.
A. When Required. The owner of any building within 200 feet of any trunk or lateral sewer must connect to the
sewer within 60 days of acquiring the property and must pay to the city a connection fee as set forth in
Chapter-
15.00 ECDC 15.00.020. All connection fees shall be paid to the city before connecting to the sewer.
B. Future Connection. The owners of any house or home not within 200 feet of any trunk or lateral sewer within the
city must connect to the sewer within 60 days of the completion of any future trunk or lateral sewer upon which the
homeowner may then abut or be within 200 feet, as required by the regulations set forth in this chapter. Any owner
or owners who become subject to these regulations and charges as a result of a latecomer agreement shall be
required to connect for a period of two years after the acceptance date by the city council of the sewer subject to
such agreement.
C. Restriction of Water Service. If a property owner or owners within an area served by sewerage systems of the
city, including those property owners on streets and alleys within 200 feet along which sanitary sewers have been
constructed, have not connected their private sanitary drain and sewers with the city system, the city may restrict
water service to the property to the minimum necessary to insure health and safety of the inhabitants, or where a
health hazard exists or is threatened the city may shut off the city water supply to the premises.
D. Connection. The city council may order connection to the sewer, and the director of public works shall report to
the city council as soon as possible, an assessment roll showing the description of the property connected, and the
cost of each connection.
E. Hearing. The city clerk shall notify the owner of each property in the same manner as notice is provided in a local
improvement district of each proposed assessment. The city council shall hold a hearing under the procedures
applicable to a Type V legislative process. The city council shall, by ordinance after the hearing, assess the cost of
making the connection against the property connected. The assessment shall become a lien against each property,
shall be collected in the manner provided by law for the collection of local improvement assessments, and shall bear
interest at the rate of interest established by ordinance from the date of the approval of the assessment.
F. Permit Required. It shall be unlawful for any person to make any sort of connection to the city sewer line without
a permit from the public works director. [Ord. 3788 § 2, 2010].
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Section 18.20.040 Permits.
A. Required. No person shall construct, install or modify sewage disposal systems without a current city permit. The
permit shall be posted on the building or premises where the work permitted is being done, and unless revoked, shall
not be removed until such work has been finally approved by the public works director.
B. Fee. The fee for a sewage disposal system permit shall be as set in Chapter 0 ECDC 15.00.020.
C. Approval Criteria. The public works director shall only approve an application if in his judgment the physical
features of property on which it is proposed to locate the sewage disposal system, or the design of the proposed
sewage disposal system, are adequate for sale and effective operation of the system.
D. Additional Materials. Application for a sewage disposal system permit shall be supported by the following:
1. A completely dimensioned plot plan, drawn to scale, showing direction of surface drainage, approximate
slope, and other topographical features relevant to the design and installation of an adequate and efficient
sewage disposal system;
2. Construction plans and specifications;
3. A log of soil formation and ground water level as determined by test holes in the proposed disposal field;
4. A statement of absorption characteristics of the soil as determined by percolation tests made in the proposed
disposal field.
E. Term. Permits shall expire one year from date of issue.
Section 18.30.010 Definitions.
For the purposes of this chapter, the following definitions shall apply:
"Adjustment" means a variation in the application of a minimum requirement to a particular project. Adjustments
provide substantially equivalent environmental protection.
"Applicant" means the owning individual(s) or corporations or their representatives applying for the permits or
approvals described in this chapter.
"Approval" means the proposed work or completed work conforming to this chapter as approved by the public
works director or their designee.
"Arterial" means 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, 36.86.070, and 47.05.021.
"Best management practices (BMPs)" means 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 BMPs" means 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 2019 Stormwater Management
Manual for Western Washington (SWMMWW), Volume V for bioretention BMP types and design specifications.
"Category 1 Project Site" means a project site subject to Minimum Requirements No.1 through No. 5. See ECDC
18.30.060(C).
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"Category 2 Project Site" means a project site subject to Minimum Requirements No.l through No. 9. See ECDC
18.30.060(C).
"Certified erosion and sediment control lead (CESCL)" means 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" means 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 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" means the destruction and removal of vegetation by manual, mechanical, or chemical methods.
"Commercial agriculture" means 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" means 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 are 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 may be 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, 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 determining permit requirements.
"Converted vegetation (areas)" means the change in land cover from native vegetation, pasture scrub/shrub, or
unmaintained nonnative vegetation to lawn or landscaped areas, or where native vegetation is converted to pasture.
"Creek" is synonymous with "streams," which is defined in ECDC 23.40.005.
"Detention facility" means 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" means 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 a 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" means the city's public works and utilities director or a designee with an appropriate background in
engineering or another related discipline.
"Discharge point" means the location where a discharge leaves the municipal separate storm sewer system (MS4)
through the city's MS4 facilities/BMPs designed to infiltrate.
"Ecology" means the Washington State Department of Ecology.
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"Effective impervious surface" means 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" means 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" means 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" means the mechanical removal of earth material.
"Exception" means relief from the application of a minimum requirement to a project.
"Fill" means a deposit of earth material placed by artificial means.
"Groundwater" means water in a saturated zone or stratum beneath the land surface or below a water body.
"Hard surface" means an impervious surface, a permeable pavement, or a vegetated roof.
"Highway" means 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" means any direct or indirect nonstormwater discharge to the city's MS4, groundwaters, or a water
body, except as expressly allowed by Chapter 7.200 ECC.
"Impervious surface" means a nonvegetated surface area that either prevents or retards the entry of water into the
soil mantle as under natural conditions prior to development. A nonvegetated 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 partially pervious if the
underdrain is set a minimum of eight inches above the in -situ soils in a manner to allow infiltration over the facility
bottom.
"Lake" means an inland body of fresh water surrounded by land.
"Land disturbing activity" means any activity that results in a change in the existing soil cover (both vegetative and
nonvegetative) 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.
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"Low impact development (LID)" means a stormwater and land use strategy that strives to mimic predisturbance
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)" means distributed stormwater management practices, integrated into a
project design, that emphasize predisturbance 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
reuse.
"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.
"Maintenance" means 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 of 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 Appendix A, 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" means the city's municipal separate storm sewer system.
"Native vegetation" means 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" means the location of the channels, swales, and other nonmanmade
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.
"New development" means land -disturbing activities, including Class IV general forest practices that are
conversions from timberland to other uses; structural development, including construction or installation of a
building or other structure; creation of hard surfaces; and subdivision, short subdivision, and binding site plans, as
defined and applied in Chapter 58.17 RCW. This chapter does not distinguish the difference between new
development and redevelopment; all projects in Edmonds shall meet the requirements for new development.
"New impervious surface" means a surface that is: (1) changed from a pervious surface to an impervious surface
(e.g., resurfacing by upgrading from dirt to gravel, a bituminous surface treatment ("chip seal"), asphalt, concrete, or
an impervious structure); or (2) upgraded from gravel to chip seal, asphalt, concrete, or an impervious structure; or
(3) upgraded from chip seal to asphalt, concrete, or an impervious structure. Note that if asphalt or concrete has been
overlaid by a chip seal, the existing condition should be considered as asphalt or concrete.
"On -site stormwater management BMPs" is a synonym for "low impact development BMPs."
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"Outfall" means 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).
"Permeable pavement" means 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.
"Person" means any individual, partnership, corporation, association, organization, cooperative, public or municipal
corporation, agency of the state, or city government unit, however designated.
"Pervious surface" means any surface material that allows stormwater to infiltrate into the ground. Examples include
lawn, landscape, pasture, native vegetation areas, and permeable pavements.
"Pollution -generating hard surface (PGHS)" means 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)" means 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, nonleachable 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)" means any pervious surface subject to (1) vehicular use, (2)
industrial activities (as further defined in the glossary of the SWMMWW, or (3) storage of erodible or leachable
materials, wastes, or chemicals, and that receive direct rainfall or run-on or blow-in of rainfall, (4) use of pesticides
and fertilizers, or (5) 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).
"Predeveloped condition" means the native vegetation and soils that existed at a site prior to the influence of Euro-
American settlement. The predeveloped 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" means any proposed action to alter or develop a site.
"Project site" means that portion of a property, properties, and/or right-of-way subject to land -disturbing activities,
new hard surfaces, or replaced hard surfaces. For projects that involve land -disturbing activity on one or more
parcels and/or 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" means 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.
"Receiving waterbody or receiving waters" means 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.
Redevelopment. This chapter does not distinguish the difference between new development and redevelopment; all
projects in Edmonds shall meet the requirements for new development. Where existing unmitigated surfaces are to
remain, the additional "retrofit" requirement per ECDC 18.30.060(D)(5)(b)(i) applies.
"Replaced hard surface" means, for structures, 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.
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"Replaced impervious surface" means, 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.
"Road -related project" means 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. Frontage
improvements constructed as a requirement for a development project are not considered a road -related project.
"Roadway" means traveled hard surface portion of any public or private road or street.
"Runoff' means 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 groundwater. It also means the portion of
rainfall or other precipitation that becomes surface flow and interflow.
"Site" means 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. Note that drainage impacts are generally assessed for the "project site" under
separate definition.
"Slope" means 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" means 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" means a structure or operation that is intended to prevent pollutants from coming into
contact wither stormwater 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 source control BMPs are nonstructural practices that prevent or reduce pollutants
from entering stormwater. See Volume IV of the SWMMWW for details.
"Stormwater facility" means 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)" means the Washington State
Department of Ecology's 2019 Stormwater Management Manual for Western Washington. Referred to as the 2019
SWMMWW.
"Stormwater site plan" means 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" means 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.
"Threshold discharge area" means an area within a project site draining to 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 in Figure 1: Example TDA Delineations below illustrate this definition. The
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7.7.c
purpose of this definition is to clarify how the thresholds of this code are applied to project sites with multiple
discharge points.
"Vehicular use" means regular use of an impervious or pervious surface by motor vehicles. The following are
subject to regular vehicular use: roads, unvegetated 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.
Figure 1: Example TDA Delineations
Example of a Project Site
with a single natural
discharge and a single TDA
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Y TDA
Natural
d h
Example of a Project She
with multiple natural
discharges and a single TDA
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- _.. Natural
Example of a Project She with
mutliple natural discharges and
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rsc arge Greater than discharge
location 114 mile A, locations 114 mile'
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8
Natural
discharge
locations )114mlle
1/4 mile
! L
Example of a
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i
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b
Because the right-mosl discharge
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paths within i mile, all areas are
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i
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i
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Example of a road project with multiple
/
discharge points and multiple TDAs.
Note: Shaded
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Discharge 114 mile the limits of the
'�
location project she.
114 mile `---
- --
NOT TO SCALE
MExample
TDA Delineations
DEPARTMENT OF
Revised March 2018
ECOLOGY
please see http.7Mnvw.ecy.wa.govhopyrlghth&W for copyright notice including permissions.
Slate of Washington
limitation of lability, and disclaimer.
The following are not considered subject to regular vehicular use: sidewalks not subject to drainage from roads for
motor vehicles, 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" means 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 122.2 within the
geographic boundaries of Washington State, and "waters of the state" as defined in Chapter 90.48 RCW which
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7.7.c
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" means as defined in ECDC 23.40.005. [Ord. 4263 § 1 (Att. A), 2022; Ord. 4044 § 1 (Att. A), 2016].
Section 18.30.020 Authority and regulation.
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 (such as the Edmonds
Stormwater Addendum) and procedures to administer and enforce this chapter per ECDC 18.30.41-0100. an&
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. 4263 § 1 (Att. A), 2022; Ord. 4044 § 1 (Att. A), 2016].
Section 18.30.050 Administration.
A. Application, Submittals, and Review.
1. The director shall review all plans and all other submittals required by subsection (A)(3) of this section for
compliance with this chapter when:
a. An application for a city permit is required under all other chapters of this title or ECDC Title 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.
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 Chapter ECDC 15.00.020 shall be paid. [Ord. 4263
§ 1 (Att. A), 2022; Ord. 4044 § 1 (Att. A), 2016].
Section 18.30.090 Post construction inspection and maintenance roles and responsibilities.
Proper construction inspection and maintenance of stormwater facilities and operational and structural source
control BMPs at businesses/sites 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 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. Operational and structural source control BMPs shall be inspected per the requirements of
Volume IV of the SWMMWW.
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
stormwater 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 of Permanent Stormwater Facilities. All privately owned stormwater 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
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7.7.c
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 stormwater 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 LID stormwater facilities, for compliance with this chapter.
F. City Inspection of Existing Businesses/Sites. The city shall have the authority to periodically inspect private
businesses and sites for compliance with Minimum Requirement No. 3, Source Control of Pollution (ECDC
18.30.060(D)(3)).
G. 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 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.
H. 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 Chapter 7.200 ECC shall
apply.
I. 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. Operational and structural source control
BMPs are also required to be repaired and/or brought up to applicable standards by the property owner or the person
responsible for the business/site.
J. 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 steFm wa4e stormwater maintenance activities, and where appropriate, the
dangerous waste regulations, Chapter 173-303 WAC. [Ord. 4263 § 1 (Att. A), 2022; Ord. 4044 § 1 (Att. A), 2016].
Section 18.60.040 Fees.
Application and inspection fees shall be as set in Chapter-ECDC 15.00.020, established by the city council
resolution in its sole legislative discretion. [Ord. 3485 § 1, 2004].
Section 18.70.030 Review.
A. Architectural Design Board. Any application for a permit to construct, erect or maintain an awning, marquee,
sign or any structure in a public place, except as otherwise allowed in subsection (C) of this section, may be referred
by the planning and development director or his/her designee to the architectural design board. If referred to the
board, the board shall review the plans and specifications as they relate to Chapter 20.10 ECDC.
Applications for mobile street vending units shall be reviewed in accordance with ECC 4.12.055 by the architectural
design board.
B. Edmonds Arts Commission. Applications for an encroachment permit or a street use permit to install art in the
public right-of-way shall be subject to the review and recommendation of the Edmonds arts commission. No art
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7.7.c
shall be permitted in the public right-of-way except as expressly permitted herein. Artwork that is reviewed under an
encroachment permit shall be exempt of the requirements of ECDC 18.70.020(B)(5), (6), (7) and (10).
1. The term "art" or "artwork" as used in this section shall refer only to a work of visual art existing in a single
copy or in multiple copies of 200 or fewer that are consecutively numbered by the author and bear the signature
or other identifying mark of the author.
2. The term "art" or "artwork" does not include:
a. Any poster, map, globe, chart, technical drawing, diagram, model, applied art, motion picture or other
audiovisual work, book, magazine, newspaper, periodical, database, electronic information service,
electronic publication, or similar publication;
b. Any merchandising item or advertising, promotional, descriptive, covering, or packaging material or
container;
c. Architectural details such as masonry, ironwork, or other building fixtures or materials;
d. Any portion or part of any item described in subsection (13)(2)(a), (b) or (c) of this section;
e. Any work not subject to copyright protection under the Visual Artists Rights Act, as codified under
federal copyright law, U.S.C. Title 17, as the same exists or is hereafter amended.
3. An encroachment permit or street use permit requires determination of public benefit. The Edmonds arts
commission (EAC) is mandated in Chapter 10.20 ECC to advise the city on matters pertaining to art. When the
proposed encroachment or street use is art, EAC will review and make written recommendations to the
community setwiees dir-eet public works director and city engineer for use and consideration in permit
issuance. (See subsection (C) of this section.)
4. The public right-of-way is a traditional forum for public expression. By this permit program the city
acknowledges that it is approving uses in a limited public forum. Art, like other exercises of First Amendment
rights, may be limited by reasonable time, place and manner restrictions. In this case, these criteria will be
utilized to protect the safety of the public who use the right-of-way for pedestrian or vehicular traffic and to
ensure that the city provides for accessibility for the disabled. No recommendation or denial shall be based
upon the content or message expressed by an artist or in a work of art as long as there is no commercial content.
Applicants are encouraged to coordinate their artwork with the design of the building and the historic and
pedestrian -oriented character of the downtown area.
5. Specific submission requirements for EAC review include, but are not limited to:
a. Site plan sketch showing locations of artwork;
b. Minimum one -quarter -inch scale rendering of the art concept or art component, including at least one
elevation showing the art in context or comparable photographs of actual artwork in context;
c. Material/color samples;
d. Model (optional);
e. Written proposal: seven copies of a written proposal in eight and one half by 11 inch format -to include:
to include:
i. A description and summary of a final design proposal for the artwork for the proposed project;
ii. Detailed maintenance requirements;
iii. Schedule for development, fabrication, and completion;
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7.7.c
iv. Artists' resume/background;
v. Evidence of assumption of liability by applicant or designee.
For proposal to be reviewed at next scheduled EAC meeting, a complete submission of all requirements must
be received a minimum of 10 days prior to the date of the meeting.
Additional requirements may be requested based on staff input or information sought by EAC members.
6. Review Criteria. Art in public places may be art standing alone, modifiers or definers of space, functional, or
used to establish identity. The use of art as an integral part of the structure and function of building is
encouraged, e.g., the interpretation of light fixtures, benches, hardware, doors, surface finishes, walkways,
gates, and other features with the artwork or as a part of the artwork, although only some of these elements
would occur in the public right-of-way.
The criteria for review of encroachment or street use review artwork submissions are as follows:
a. Constructability of proposed artwork. No artwork shall impair disabled accessibility and barrier -free
design requirements.
b. Artist's credentials and recognition.
c. Durability and craftsmanship in fabrication and production quality. Quality of the work is a high
priority.
d. Due consideration shall be given to the structural and surface soundness of artworks and to their
permanence, including ability to withstand age, theft, vandalism, weathering, and maintenance and
possible related repair costs. Careful consideration shall be given to the materials used and the
appropriateness of those materials for the conditions of the site.
e. Coordination of the artwork with the design of the building and the historic and pedestrian -oriented
character of the downtown area is encouraged.
f. Maintenance/conservation plan.
g. Relationship to other existing artwork in vicinity.
h. No Commercial Content. Artwork shall not be used as signage (see definition of signage).
C. Issuance by the Planning and Development Director or City Engineer. The planning and development director,
city engineer or their respective designee may administratively, without hearing, approve a street use or
encroachment permit if:
1. The proposed use shall not interfere with vehicular or pedestrian traffic, including but not limited to the
following requirements:
a. No portion of the public right-of-way designed and intended for vehicular traffic or parking shall be
permanently occupied;
b. Requirements of the State Building Code, including but not limited to all provisions relating to disabled
accessibility and barrier -free design requirements shall be met;
c. Any mobile vending units shall be properly licensed pursuant to Chapter 4.12 ECC;
d. Permit application fees have been paid (see ECDC 18.70.050);
e. A "clear zone" must be maintained on public sidewalks or walkways. A clear zone refers to an area
seven feet in height and five feet in width providing a level, safe walking surface along the public
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7.7.c
sidewalk. Clear zone on sidewalks shall not include any curbing, planting strips or ramps. For tables and
chairs placed in the public right-of-way, the clear zone can be reduced to four feet in width in front of
obstacles (trees, street lights, sign posts, etc.);
f. All temporary objects shall be removed from the right-of-way on 24 hours' notice to accommodate
public events. Temporary objects are subject to removal in the event of an emergency; and
g. All temporary objects, excluding approved awnings, and wall signs, that project more than 36 inches
into the right-of-way shall be removed each day at the close of business.
2. Exclusive Sidewalk Dining. In an effort to enhance street life of the city and serve both an economic
development purpose as well as enhance the livability of the city's urban core, exclusive sidewalk dining shall
be allowed pursuant to ECDC 17.70.040.
a. For purposes of this section the following terms are defined as:
i. "Exclusive sidewalk dining" shall refer to a properly zoned and licensed food or beverage service
establishment that uses the public right-of-way to serve only its customers at the exclusion of the
general public.
ii. "Barrier" shall refer to any temporary object or objects (e.g., stanchion, rope, markers) used to
establish an exclusive bistro and outdoor dining area. Barriers shall be approved by the city engineer.
b. All conditions and requirements set forth in this chapter have been met and adequate compensation for
the exclusive use of the public right-of-way and applicant fees pursuant to ECDC 18.70.050 have been
paid.
c. All barriers, with the exception of markers and marking, shall be removed each day from the right-of-
way at the close of business.
d. The design and use shall comply with all requirements of state law, city ordinance and city policy
including but not limited to:
i. Washington State Liquor and Cannabis Board (WSLCB) and Snohomish County health division
(SCHD). When applicable, the business shall provide a written approval from the WSLCB and/or
SCHD for use of public rights -of -way;
ii. ECDC 17.70.040, exclusive sidewalk dining; and
iii. All litter and nuisance regulations, including but not limited to RCW 70.93.060 and Chapter 6.40
ECC.
3. The design board has reviewed and approved any proposal which includes a request to construct, erect or
maintain an awning, building, sign or any building or structure, except as otherwise allowed in subsection (C)
of this section;
4. The proposal will not unreasonably interfere with the rights of the public; and
5. The proposal (if for an encroachment permit) either benefits the public interest, safety or convenience (e.g.,
supports or protects the city street, reduces pedestrian hazards) or is an accessory structure such as a fence
normally associated with residential use of the property and fully complies with the requirements of subsections
(13)(1) through (3) of this section.
D. Bay Windows, Decks, and Related Architectural Features. In an effort to allow for more creative designs and a
better overall appearance in the downtown area, bay windows, decks, and related architectural features may
encroach into the public right-of-way within the central business district or any other zone in which no setback from
the lot line is required, subject to the following requirements:
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1. All conditions and requirements set forth in this chapter have been met and adequate compensation has been
paid;
2. The encroachment shall not occur over alleys;
3. The building encroachment shall not project more than two feet (24 inches) into the right-of-way;
4. The encroachment shall not exceed 30 percent of the length of the facade on any one side of the building;
5. The encroachment shall provide for a minimum clearance height of eight feet over any pedestrian right-of-
way and a minimum clearance height of 11 feet over any vehicular right-of-way, whichever is greater;
6. The encroachment shall be approved by the architectural design board as contributing to a modulated facade
design which enhances the variation and appearance to the public of the overall building design and public
streetscape.
E. Appeal. The decision of the planning and development director, city engineer, or their respective designees may
be appealed to the hearing examiner as a Type II proceeding under the procedures set forth in Chapter 20.06 ECDC;
provided, however, that the establishment of compensation for use of the public right-of-way is a legislative decision
of the city council and is not subject to judicial review.
F. Awnings and Canopies. Consistent with ECDC 22.43.040, awnings and canopies, whether architectural or
temporary, may encroach into the public right-of-way within the central business district or any other zone in which
no setback from the lot line is required, subject to the following:
1. The awning or canopy shall provide a minimum clearance height of eight feet above the walking surface, not
to exceed 15 feet at its highest point.
2. Awning and canopy projection over the right-of-way shall be determined as follows; provided, that no
awning or canopy shall project within two feet of the street curb (measured from the back of curb):
Sidewalk Width Minimum Projection
Less than 8 feet 5 feet
8 feet or greater 6 feet
3. Awnings and canopies shall not be constructed at a location or in a manner that will obstruct, obscure, or
interfere with any streetlight, flower pole, utility pole or appurtenance, street tree, or any transportation -related
sign, signal, or traffic control device.
4. All awning and canopy designs shall meet the above criteria, unless otherwise approved by the city engineer.
G. Insurance Requirement. When the application is for use or encroachment onto a public right-of-way including but
not limited to streets, roads, alleys, trails, sidewalks, bike paths, pedestrian easements, and any other easement
intended for the use of the public, the applicant who operates a business or commercial operation shall be required to
provide and continually maintain during the term of the permit a certificate of insurance naming the city as an
additional insured, with respect to liability, and providing that it shall be primary as to any other policy of insurance.
The policy must contain the additional insured statement, coverage amounts and cancellation notification indicated
on the sample insurance form provided by the city. In addition, a business and commercial applicant as well as all
residential or nonprofit applicants shall sign a covenant to hold harmless and indemnify the city which will be
recorded and run with the land in a form approved by the city attorney.
H. Nothing herein shall be interpreted to permit the base or ground support for any sign to be located upon or
attached to the ground within the public right-of-way. [Ord. 4299 § 32 (Exh. A), 2023; Ord. 4244 § 1 (Exh. A),
2022; Ord. 4243 § 1 (Exh. A), 2021; Ord. 4209 § 1 (Exh. A), 2020; Ord. 3790 § 1, 2010].
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Section 18.80.060 Driveway and curb cut requirements.
A. Permit Required. No person shall begin work on the construction alteration, repair or removal of any driveway or
the paving of any parking strip on any or adjacent to any street, alley or other public place in the city, without first
obtaining a permit from the public works director. Fees shall be as set forth in Chapter ECDC 15.00.020.
B. Location.
1. No driveway shall be so located as to create a hazard to pedestrians, bicyclists or motorists or invite or
compel illegal or unsafe traffic movements.
2. Unless otherwise approved by the public works director, all driveways including the returns shall be
confined within lines perpendicular to the curb line and passing through the property corners.
3. No driveway shall be constructed in such a manner as to be a hazard to any existing street lighting standard,
utility pole, traffic regulating device, or fire hydrant. The cost of relocating any such street structure when
necessary to do so shall be paid by the abutting property owner. The relocation of any street structure shall be
allowed only on approval of the person owning the structure involved.
4. On private property every driveway must provide access to parking structures or access specifically
designated for parking purposes requiring the entrance of vehicles.
5. Downtown Business Area. Within the downtown business area of the city as defined in ECDC 17.50.070,
vehicular access shall be provided from alleyways for all on -site parking whenever it is practically and
reasonably available. No curb cut shall be approved where there is vehicular access to a lot in the downtown
area from an existing alleyway unless the applicant demonstrates by substantial evidence that:
a. One of the following conditions exist:
i. No alleyway exists which would provide reasonable vehicular access to the subject property; or
ii. Access from an existing alleyway would substantially impair reasonable access to an abutting public
street or utility because of circumstances related to site size, topography or orientation; or
iii. Access can be provided from an existing or relocated driveway or curb cut in a manner which
preserves or enhances street parking; or
iv. Providing access from a point other than the alley would promote traffic safety, or otherwise better
promote the purposes of the transportation element of the comprehensive plan.
b. The application complies with all other criteria of the community development code.
c. In such cases, the city engineer may then consider use of an existing common driveway or other
alternative. Only when no other reasonable alternative exists for access to a property will a curb cut be
approved which results in the loss of existing on -street parking. No more than one access point per lot will
be permitted in the downtown business area. The city engineer's decision to approve alternative access
shall be processed as a Type II project permit application and decision (see Chapter 20.01 ECDC).
C. Size and Number. Except as otherwise provided, the width of any residential driveway shall not exceed 20 feet
exclusive of the radii of the turns, with such measurement being made parallel with the center line of the street.
Driveway approaches shall extend from the edge of the existing street a distance of 20 feet or to the edge of the
property line, whichever is greater. Approaches shall be constructed of asphalt concrete pavement or an equivalent
approved by the city engineer. The standard width for commercial and other nonresidential streets shall be 30 feet.
At the application of the applicant or the city engineer, additional width in excess of the established standard may be
approved as a staff decision to a maximum width of 40 feet. Such decision shall be made only after notice as a Type
II project permit application and decision (see Chapter 20.01 ECDC). Such application shall be approved only if. (a)
it conforms to the provisions of the comprehensive plan; (b) is found to be in the public interest when the needs of
the applicant are reviewed and balanced in light of the benefits to the general public and the impacts, if any, on the
immediate neighborhood; and (c) is consistent with or enhances public safety and will not create a hazard to
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vehicular, pedestrian or bicycle traffic. The public works director may authorize additional residential driveway
width for three -car garages and for access driveways necessary for off-street parking or recreational vehicles.
D. Driveway Slopes.
1. Driveway slopes shall not exceed 14 percent unless authorized by the public works director in accordance
with the criteria set forth below. The decision of the public works director shall be made only after notice as a
Type II project permit application and decision. (See Chapter 20.01 ECDC.)
2. The public works director may authorize driveway slopes to exceed 14 percent up to a maximum of 20
percent if he determines that:
a. The driveway is the only economical and environmentally reasonable alternative;
b. The driveway will not present a traffic, pedestrian, bicycle or safety hazard or otherwise negatively
impact public safety;
c. The police and fire chief concur in allowing the increased driveway slope; and
d. The public health, safety and general welfare will not be adversely affected.
3. The decision of the public works director shall be in writing and placed in the appropriate city file pursuant
to a signed, written statement of finding and conclusions for authorizing the driveway slope to exceed 14
percent. The statement shall also contain the maximum slope authorized up to 20 percent.
4. The decision of the public works director shall be processed as a project permit application and shall be
appealable as a Type II appeal under the procedures in Chapter 20.06 ECDC. [Ord. 3788 § 11, 2010; Ord. 3736
§§ 31, 32, 2009; Ord. 3302 § 1, 2000; Ord. 3132 § 1, 1997; Ord. 2713, 1989].
Section 19.00.025 International Building Code section amendments.
The following sections of the IBC are hereby amended as follows:
A. Section 101.4.3, Plumbing, is amended to read:
The provisions of the Uniform Plumbing Code shall apply to the installation, alteration, repair
and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and
appurtenances, and where connected to a water or sewage system and all aspects of a medical
gas system.
B. Section 101.4.6, Energy, is amended to read:
The provisions of the Washington State Energy Code shall apply to all matters governing the
design and construction of buildings for energy efficiency.
C. Section 104.3, Notices and Orders, is amended to read:
The building official shall issue all necessary notices or orders to ensure compliance with this
code. The building official is also authorized to use Chapter 20.110 ECDC for code
compliance in addition to the remedies provided for in this code.
D. Section 105.1.1, Annual Permit, is deleted.
E. Section 105.1.1, Demolition Permits, is added and shall read:
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Before the partial or complete demolition of any building or structure (interior or exterior), a
demolition permit shall be obtained from the building official. The permit fee is established
pursuant to Chapter 19.70 ECDC. The applicant shall also post with the city, prior to permit
issuance, a performance bond, or frozen fund, conforming to Chapter 17.10 ECDC herein, in
an amount to be determined by the building official to satisfy all city requirements no later
than 180 days after the issuance of the permit. The demolition performance bond or frozen
fund shall not be released until the building official determines the following requirements
have been completed:
1. Cap Abandoned Sanitary Sewers. Septic tanks shall be pumped, collapsed and removed
and/or filled with earth, sand, concrete, CDF or hard slurry.
2. Knock Down of Concrete Foundation Walls, Porches, Chimneys and Similar Structures.
Concrete, bricks, cobbles and boulders shall be broken to less than 12-inch diameter. Debris
left on site shall conform to IBC Section 1804.2 for clean fill.
3. Construction debris, vegetation, and garbage attributable to the demolition shall be
removed from the site and from unopened street right-of-way within 30 days of written notice.
No debris of any kind may be placed or maintained on street right-of-way (including alleys)
without a permit issued pursuant to Chapter 18.60 or 18.70 of the Edmonds Community
Development Code.
4. Repair of any damage to, and restoration of, any public property to substantially original
conditions, i.e., alley, street, sidewalk, landscaping, water, sewer, storm and other utilities,
rockeries, retaining walls, etc, in accordance with this code and the City's engineering
requirements.
5. Grading of Site Back to Original Topography Grades. Basements shall be filled and
compacted to 90 percent as verified by a special inspector. "Structural fill" is defined as any
fill placed below structures, including slabs, where the fill soils need to support loads without
unacceptable deflections or shearing. Structural fill shall be c lean and free draining, placed
above unyielding native site soils and compacted to a minimum of 90 percent modified
proctor, per ASTM D1557.
6. Temporary erosion control shall be installed and maintained per Chapter 18.30 ECDC.
F. Section 105.1.2, Annual Permit Records, is deleted.
G. Section 105.2, Work Exempt From Permit, is replaced as follows:
Exemptions from permit requirements of this code shall not be deemed to grant authorization
for any work to be done in any manner in violation of the provisions of this code or any other
laws or ordinances of this jurisdiction. It is the applicant's responsibility to comply with bulk
zoning code standards per ECDC Title 16 ands stormwater management
provisions per Chapter 18.30 ECDC. Permits shall not be required for the following unless
required by the provisions of ECDC Title 23 or limited or prohibited by the provisions of
Chapter 19.10 ECDC:
1. Building (general):
(a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and
similar uses; provided the floor area (including the exterior wall or post) does not exceed 120
square feet, with a maximum eave of thirty (30) inches.
(b) Fences not over six (6) feet high; provided a permit is not required by Chapter 17.30
ECDC.
(c) Movable cases, counters and partitions not over five (5) feet nine (9) inches high.
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(d) Retaining walls 4 feet (1,219 mm) in height or less measured vertically from the finished
grade at the exposed toe of the retaining wall to the highest point in the wall, unless:
i. Supporting a surcharge; or
ii. Impounding Class I, II, III -A liquids; or
iii. Subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC.
(e) Rockeries. Construction of rockeries is limited as specified elsewhere in this code.
(f) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons
and the ratio of height to diameter or width does not exceed two (2) to one (1).
(g) Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any
basement or story below and are not part of an accessible route, provided a permit is not
required by Chapter 18.60 ECDC.
(h) Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work
provided that existing, required accessible features are not altered.
(i) Temporary motion picture, television and theater stage sets and scenery.
0) Shade cloth structures constructed for nursery or agricultural purposes.
(k) Prefabricated swimming pools accessory to an occupancy in which the pool walls are
entirely above the adjacent grade and the capacity does not exceed 5,000 gallons. Hot tubs
and spas less than 5,000 gallons, completely supported by the ground.
(1) Grading less than fifty (50) cubic yards (placed, removed or moved within any 365-day
period) unless subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC.
(m) Repair of appliances which do not alter original approval, certification, listing or code.
(n) Replacement or adding new insulation with no drywall removal or placement.
(o) Replacement or repair of existing gutters or downspouts.
(p) The following types of signs are exempt from permit requirements except that dimensional
size and placement standards shall comply with Chapter 20.60 ECDC:
i. Replacing the panel on a previously permitted existing wall cabinet or pole sign,
ii. Repainting an existing previously permitted wood sign,
iii. Painted or vinyl lettering on storefront windows,
iv. Governmental signs, campaign signs, official public notices, and signs required by
provision of local, state, or federal law,
v. Temporary signs announcing the sale or rent of property and other temporary signs as described
in ECDC 20.60.080,
vi. Signs erected by the transportation authorities, and temporary seasonal and holiday
displays.
2. Mechanical:
(a) Portable heating, ventilation, cooling, cooking or clothes drying appliances.
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(b) Replacement of any part that does not alter approval of equipment or make such
equipment unsafe.
(c) Portable fuel cell appliances that are not connected to a fixed piping system and are not
interconnected to a power grid.
(d) Steam, hot or chilled water piping within any heating or cooling equipment regulated by
this code.
(e) Portable evaporative cooler.
(f) Self-contained refrigeration systems containing ten (10) pounds or less of refrigerant or
that are actuated by motor of one (1) horsepower or less.
3. Plumbing:
(a) The stopping of leaks in drains, water, soil, waste or vent pipe, provided that the
replacement of defective material shall be done with new material and a permit obtained and
inspection made.
(b) Reinstallation or replacement of approved prefabricated plumbing fixtures that do not
involve or require the replacement or rearrangement of valves or pipes.
4. Residential permit exemptions:
In addition the following exemptions apply for single family dwellings:
(a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and
similar uses; provided the floor area (including the exterior wall or post) does not exceed 200
square feet, with a maximum eave of twelve (12) inches and maximum height of fifteen (15)
feet. Vehicle storage structures, such as garages and carports, are not exempted.
(b) Window awnings supported by an exterior wall and do not project more than fifty-four
(54) inches from the exterior wall and do not require additional support.
(c) Sport courts less than 2,000 square feet.
(d) Dock repair of individual decking members. ECDC Title 24 provisions shall apply.
(e) Replacement or repair of existing exterior siding.
(f) Replacement or repair of existing windows or doors provided; no alteration of structural
members is required, safety glazing is provided where required, glazing U-value meets
prescriptive requirements of the energy code, fall protection is provided where required, and
egress requirements are maintained.
(g) Minor like -for -like drywall repairs not involving fire -rated assemblies.
(h) Replacement or repair of decking, or individual joists, stair treads, or intermediate rails.
(i) Uncovered platforms, decks, patios that are not more than thirty (30) inches above grade
(measured vertically to the grade below at any point within 36 inches of the outer edge of the
deck).
0) Canopies, as defined in ECDC 17.70.035, accessory to a single family dwelling, with a
floor area measured to the exterior wall or post not to exceed 200 square feet, for covered
storage, carport or similar use.
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(k) Reroof overlays. Overlays are not permitted over slate, clay or cement tiles, or where the
existing roof has two or more applications of any type of roofing.
H. Section 105.3.2, Time Limitation of Permit Application, is amended to read:
1. Applications, for which no permit is issued within 180 days following the date of
application, shall expire by limitation, and plans and other data submitted for review may
thereafter be returned to the applicant or destroyed by the building official.
2. The building official may extend the time for action by the applicant for a period not
exceeding 180 days prior to such expiration date.
3. No application shall be extended more than once for a total application life of 360 days
except as allowed within this section. In order to renew action on an expired application, the
applicant shall submit a new application, revised plans based on any applicable code or
ordinance change, and pay new plan review fees.
4. The Building Official may extend the life of an application if any of the following
conditions exist:
(a) Compliance with the State Environmental Policy Act is in progress; or
(b) Any other City review is in progress; provided, the applicant has submitted a complete
response to City requests or the Building Official determines that unique or unusual
circumstances exist that warrant additional time for such response and the Building Official
determines that the review is proceeding in a timely manner toward final City decision; or
(c) Litigation against the City or applicant is in progress, the outcome of which may affect the
validity or the provisions of any permit issued pursuant to such application.
I. Section 105.3.3, Fully Complete Application, is added and reads:
In accordance with the provisions of RCW 19.27.031 and 19.27.074, an applicant's rights
shall vest when a fully complete building permit application is filed. A fully complete
building permit application is an application executed by the owners of the property for which
the application is submitted or the duly authorized agent(s) for such owners, containing each
and every document required under the terms of these ordinances and the IBC and is
substantially complete in all respects. It is anticipated that minor changes or revisions may be
required and are frequently made in the course of any building application review process,
and such minor revisions or changes shall not keep an application from being deemed
complete if a good faith attempt has been made to submit a substantially complete application
containing all required components. Where required, the application and supporting
documents shall be stamped and/or certified by the appropriate engineering, surveying or
other professional consultants. A fully complete building permit application shall be
accompanied by all required intake fees, including but not limited to plan review fees required
under the provisions of this chapter and code.
J. Section 105.3.4, Concurrent Review, is added and reads:
An applicant may submit an application for building permit approval and request plan review
services concurrently with, or at any time following, the submittal of a complete application
for any necessary or required discretionary permit approval or discretionary hearing;
provided, that any building permit application submitted concurrently with an application for
discretionary permit or approvals shall not be considered complete unless the applicant
submits a signed statement, on a form approved by the director, which acknowledges that the
building permit application is subject to any conditions or requirements imposed pursuant to
the review and approval of any necessary or required discretionary permit or approvals. The
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applicant shall solely bear the risk of building permit submittal with discretionary permit
approval. If, after discretionary approval, the building permit plans are modified or amended
to comply with conditions or restrictions required by any discretionary permit or approval, the
applicant shall be solely responsible for any and all costs which result therefrom, including
but not limited to additional full plan review fees; provided further, that any applicant -
initiated changes made after the original plan review is complete shall also require payment of
full plan review fees.
K. Section 105.5, Permit Expiration and Extension, is amended to read:
1. Every permit issued under ECDC Title 19 shall expire by limitation 360 days after
issuance, except as provided in ECDC 19.00.025I(2).
2. The following permits shall expire by limitation, 180 days after issuance and may not be
extended, unless they are associated with a primary building permit for a larger construction
project, in which case they may run with the life of the primary permit:
Demolition permits;
Permits for Moving Buildings required by Chapter 19.60 ECDC;
Mechanical permits;
Tank removal, tank fill, or tank placement permits;
Grading, excavation and fill permits;
Water service line permits;
Plumbing permits;
Gas piping permits;
Deck and dock permits;
Fence permits;
Re -roof permits;
Retaining wall permits;
Swimming pool, hot tub and spa permits;
Sign permits;
Shoring permits;
Foundation permits.
3. Prior to expiration of an active permit the applicant may request in writing an extension for
an additional year. Provided there has been at least one (1) required progress inspection
conducted by the city building inspector prior to the extension, the permit shall be extended.
Permit fees shall be charged at a rate of one quarter the original building permit fee to extend
the permit.
4. If the applicant cannot complete work issued under an extended permit within a total period
of two (2) years, the applicant may request in writing, prior to the second year expiration, an
extension for a third and final year. Provided there has been at least one (1) required progress
inspection conducted by the city building inspector after the previous extension, the permit
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shall be extended. Permit fees shall be charged at a rate of one quarter the original building
permit fee to extend the permit.
5. The maximum amount of time any building permit may be extended shall be a total of three
(3) years. At the end of any three (3) year period starting from the original date of permit
issuance, the permit shall become null and void and a new building permit shall be required,
with full permit fees, in order for the applicant to complete work. The voiding of the prior
permit shall negate all previous vesting of zoning or Building codes. Whenever an appeal is
filed and a necessary development approval is stayed in accordance with ECDC 20.06.030 the
time limit periods imposed under this section shall also be stayed until final decision.
6. The building official may reject requests for permit extension where he determines that
modifications or amendments to the applicable zoning and Building codes have occurred
since the original issuance of the permit and/or modifications or amendments would
significantly promote public health and safety if applied to the project through the issuance of
a new permit.
L. Repealed by Ord. 3926.
M. Section 107.3.3, Phased Approval, is amended to read:
1. The building official may issue partial permits for phased construction as part of a
development before the entire plans and specifications for the whole building or structure
have been approved provided architectural design board approval has been granted and a fully
complete permit application for the entire building or structure has been submitted for review.
2. Phased approval means permits for grading, shoring, and foundation may be issued
separately, provided concurrent approval is granted by the planning manager, city engineer
and fire marshal, when applicable. No phased approval permit shall be issued unless approved
civil plans detailing the construction of all site improvements including, but not limited to:
curbs, gutters, sidewalks, paved streets, water lines, sewer lines, and storm drainage have been
signed as approved by the city engineer.
3. With such phased approval, a performance bond shall be posted with the city pursuant to
Chapter 17.10 ECDC, to cover the estimated cost of construction to city standards for the
improvements.
N. Section 113, Board of Appeals, is deleted and replaced by Chapter 19.80 ECDC.
O. Section 202, the definition of HIGH-RISE BUILDING, is amended to read:
HIGH-RISE BUILDING. A building with an occupied floor or rooftop located more than 75
feet (22,860 mm) above the lowest level of fire department vehicle access.
P. Section 502.1, Address Identification, is amended to read:
Approved numbers or addresses shall be installed by the property owner for new and existing
buildings in such a position as to be clearly visible and legible from the street or roadway
fronting the property. Letters or numbers on the building shall be a minimum six (6) inches in
height and stroke a minimum of .75 inch of a contrasting color to the building base color.
Where public or private access is provided and the building address cannot be viewed from
the public way, a monument, pole or other approved sign or means shall be used to identify
the structure. This means of premises identification does not preclude approved identification
also affixed to structure.
Q. Section 903.2 is amended to read:
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Where Required. Approved automatic fire sprinkler systems in new buildings and structures
shall be provided in the locations described in Sections 903.2.1 through 903.2.13.
R. Section 903.2.13 is added to read:
Automatic fire sprinkler systems shall be provided as required by ECDC 19.25.035A.
S. Section 903.3.7 is amended to read:
Fire department connections shall be installed in accordance with Section 912 and ECDC
19.25.035B.
T. Section 907.2 is amended to read:
Where required —New buildings and structures. An approved fire alarm system installed in
accordance with this code and NFPA 72 shall be provided in new buildings and structures in
accordance with Sections 907.2.1 through 907.2.24 and provide occupant notification in
accordance with Section 907.5, unless other requirements are provided by another section of
this code.
U. Section 907.2.24 is added to read:
Fire alarm and detection system shall be provided as required by ECDC 19.25.035C.
V. Section 1608.1, General, is amended to read:
Design snow loads shall be determined in accordance with Chapter 7 of ASCE 7, but the
design roof load shall not be less than that determined by Section 1607, or 25 pounds per
square foot, whichever is greater.
W. Section 3108.1.1, Radio, Television and Cellular Communication Related Equipment and Devices, is added and
reads:
A permit shall be required for the installation or relocation of commercial radio, television or
cellular tower support structures including monopoles, whip antennas, panel antennas,
parabolic antennas and related accessory equipment, and accessory equipment shelters
(regardless of size) including roof mounted equipment shelters.
X. Section 3109.2, Applicability and Maintenance, is added and reads:
1. Swimming pools, hot tubs and spas of all occupancies shall comply with the requirements
of this section and other applicable sections of this code.
2. It is the responsibility of the owner to maintain a swimming pool, hot tub or spa in a clean
and sanitary condition and all equipment shall be maintained in a satisfactory operating
condition when the swimming pool, hot tub or spa is in use. A swimming pool, hot tub or spa
that is neglected, not secured from public entry and/or not maintained in a clean and sanitary
condition or its equipment in accord with manufacturers recommendations shall be
determined to be a hazard to health and safety and shall be properly mitigated to the
satisfaction of the building official.
Y. Section 3109.3, Location and Setbacks, is added and reads:
Swimming pools, hot tubs and spas shall meet requirements of the zoning code of the city of
Edmonds.
1. Minimum setbacks are measured from property lines to the inside face of the pool, hot tub
or spa as required by the zoning code for accessory structures.
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2. All other accessory buildings and equipment shall meet the normally required setbacks for
accessory structures in the zone in which they are located.
Z. Section 3109.4, Tests and Cross -Connection Devices, is added and reads:
1. All swimming pool, hot tub and spa piping shall be inspected and approved before being
covered or concealed.
2. Washington State Department of Health approved cross connection devices are required to
be provided on potable water systems when used to fill any swimming pool, hot tub or spa.
AA. Section 3109.5, Wastewater Disposal, is added and reads:
A means of disposal of the total contents of the swimming pool, hot tub or spa (including
partial or periodic emptying) shall be reviewed and approved by the public works director.
1. No direct connection shall be made between any swimming pool, hot tub or spa to any
storm drain, city sewer main, drainage system, seepage pit, underground leaching pit, or sub-
soil drain.
2. A sanitary tee (outside cleanout installed on the main building side sewer line) shall be
provided for draining of treated water into the city sanitary sewer system.
BB. Section 3109.9, Inspection Requirements, is added and reads:
The appropriate city inspector shall be notified for the following applicable inspections:
1. Footing, wall, pre -form, pre-gunite, erosion control, underground plumbing, sanitary
extension and cleanout, mechanical pool equipment, gas piping, mechanical enclosure
location, cross connection and final inspection.
2. An initial cross connection control installation inspection is required by the city cross
connection control specialist prior to final installation approval.
3. All backflow assemblies shall be tested by state certified backflow assembly testers upon
initial installation and then annually thereafter. Copies of all test reports shall be submitted to
the city water division for review and approval.
CC. Appendix E, Accessibility Requirements, is amended by deleting Sections E107, E108, E110 and E111.
DD. Appendix H, Signs, is amended as follows:
1. Section H101.2, Signs exempt from permits, is replaced by subsection (E)(1)(p) of this
section.
2. Section H101.2.1, Prohibited signs, is added and reads as follows:
a. It is unlawful for any person to advertise or display any visually communicated message, by
letter or pictorially, of any kind on any seating bench, or in direct connection with any bench.
b. All signs not expressly permitted by Chapter 20.60 ECDC.
c. Signs which the city engineer determines to be a hazard to vehicle or pedestrian traffic
because they resemble or obscure a traffic control device, or pose a hazard to a pedestrian
walkway or because they obscure visibility needed for safe traffic passage. Such signs shall be
immediately removed at the request of the city engineer.
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d. 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 per ECDC 20.60.090.
3. Sections H104, Identification, H106.1.1, Internally illuminated signs, H107, Combustible
materials, H108, Animated devices, H109.1, Height restrictions, and H110, Roof signs, are
deleted.
[Ord. 4212 § 1 (Att. A), 2021; Ord. 4199 § 4 (Att. D), 2020; Ord. 4154 § 9 (Att. D), 2019;
Ord. 4111 § 2 (Exh. 2), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 4026 § 2 (Att. B), 2016;
Ord. 3926 § 1 (Exh. A), 2013; Ord. 3845 § 6, 2011; Ord. 3796 § 1, 2010].
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Section 20.05.020 General requirements.
A. Review. The hearing examiner shall review and decide on conditional use permit applications as Type III-B
decisions as set forth in ECDC 20.01.003.
B. Appeals. The hearing examiner decisions on conditional use permit shall be appealable to the city council in
accordance with Chapter 20.06 ECDC.
C. Time Limit. Unless the owner obtains a building permit or, if no building permit is required, substantially
commences the use allowed within one year from the date of approval, the conditional use permit shall expire and be
null and void, unless the owner files an application for an extension of time before the expiration date.
D. Review of Extension Application. An application for any extension of time shall be reviewed by the community
development director planning and development director as a Type II decision.
E. Location. A conditional use permit applies only to the property for which it has been approved and may not be
transferred to any other property.
F. Denial. A conditional use permit application may be denied if the proposal cannot be conditioned so that the
required findings can be made. [Ord. 4154 § 12 (Att. D), 2019; Ord. 3783 § 7, 2010; Ord. 3775 § 7, 2010; Ord. 3736
§ 37, 2009; Ord. 2270 § 1, 1982].
Section 20.12.020 Design review by the architectural design board.
A. Public Hearing — Phase 1. Phase 1 of the public hearing shall be scheduled with the architectural design board
(ADB) as a public meeting. Notice of the meeting shall be provided according to the requirements of ECDC
20.03.003. This notice may be combined with the formal notice of application required under ECDC 20.03.002, as
appropriate.
1. The purpose of Phase 1 of the public hearing is for the ADB to identify the relative importance of design
criteria that will apply to the project proposal during the subsequent design review. The basic criteria to be
evaluated are listed on the design guidelines checklist contained within the design guidelines and this chapter.
The ADB shall utilize the urban design guidelines and standards contained in the relevant city zoning
classification(s), any relevant district -specific design objectives contained in the comprehensive plan, and the
relevant portions of this chapter and Chapter 20.13 ECDC, to identify the relative importance of design criteria;
no new, additional criteria shall be incorporated, whether proposed in light of the specific characteristics of a
particular tract of land or on an ad hoc basis.
2. Prior to scheduling Phase 1 of the public hearing, the applicant shall submit information necessary to identify
the scope and context of the proposed development, including any site plans, diagrams, and/or elevations
sufficient to summarize the character of the project, its site, and neighboring property information. At a
minimum, an applicant shall submit the following information for consideration during Phase 1 of the public
hearing:
a. Vicinity plan showing all significant physical structures and environmentally critical areas within a 200-
foot radius of the site including, but not limited to, surrounding building outlines, streets, driveways,
sidewalks, bus stops, and land use. Aerial photographs may be used to develop this information.
b. Conceptual site plan(s) showing topography (minimum two -foot intervals), general location of
building(s), areas devoted to parking, streets and access, existing open space and vegetation. All concepts
being considered for the property should be submitted to assist the ADB in defining all pertinent issues
applicable to the site.
c. Three-dimensional sketches, photo simulations, or elevations that depict the volume of the proposed
structure in relation to the surrounding buildings and improvements.
3. During Phase 1 of the public hearing, the applicant shall be afforded an opportunity to present information
on the proposed project. The public shall also be invited to address which design guidelines checklist criteria
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from ECDC 20.12.070 they feel are pertinent to the project. The Phase 1 meeting shall be considered to be a
public hearing and information presented or discussed during the meeting shall be recorded as part of the
hearing record.
4. Prior to the close of Phase 1 of the public hearing, the ADB shall identify the specific design guidelines
checklist criteria— and their relative importance — that will be applied to the project during the project's
subsequent design review. In submitting an application for design review approval under this chapter, the
applicant shall be responsible for identifying how the proposed project meets the specific criteria identified by
the ADB during Phase 1 of the public hearing.
5. Following establishment of the design guidelines checklist, the public hearing shall be continued to a date
certain, not exceeding 120 days from the date of Phase 1 of the public hearing. The continuance is intended to
provide the applicant with sufficient time to prepare the material required for Phase 24 of the public hearing,
including any design or redesign needed to address the input of the public and ADB during Phase 1 of the
public hearing by complying with the prioritized checklist.
6. Because Phase 1 of the public hearing is only the first part of a two-part public hearing, there can be no
appeal of the design decision until Phase 2 of the public hearing has been completed and a final decision
rendered.
B. Continued Public Hearing — Phase 2.
1. An applicant for Phase 2 design review shall submit information sufficient to evaluate how the project meets
the criteria identified by the ADB during Phase 1 of the public hearing described in subsection (A) of this
section. At a minimum, an applicant shall submit the following information for consideration during Phase 2 of
the public hearing:
a. Conceptual site plan showing topography (minimum two -foot intervals), general layout of building,
parking, streets and access, and proposed open space.
b. Conceptual landscape plan, showing locations of planting areas identifying landscape types, including
general plant species and characteristics.
c. Conceptual utility plan, showing access to and areas reserved for water, sewer, storm, electrical power,
and fire connections and/or hydrants.
d. Conceptual building elevations for all building faces illustrating building massing and openings,
materials and colors, and roof forms. A three-dimensional model may be substituted for the building
elevation(s).
e. If more than one development concept is being considered for the property, the submissions should be
developed to clearly identify the development options being considered.
f. An annotated checklist demonstrating how the project complies with the specific criteria identified by
the ADB.
g. Optional: generalized building floor plans may be provided.
2. Staff shall prepare a report summarizing the project and providing any comments or recommendations
regarding the annotated checklist provided by the applicant under subsection (13)(1)(f) of this section, as
appropriate. The report shall be mailed to the applicant and ADB at least one week prior to the public hearing.
3. Phase 2 of the public hearing shall be conducted by the ADB as a continuation of the Phase 1 public hearing.
Notice of the meeting shall be provided according to the requirements of Chapter 20.03 ECDC. During Phase 2
of the public hearing, the ADB shall review the application and identify any conditions that the proposal must
meet prior to the issuance of any permit or approval by the city. When conducting this review, the ADB shall
enter the following findings prior to issuing its decision on the proposal:
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a. Zoning Ordinance. The proposal meets the bulk and use requirements of the zoning ordinance, or a
variance or modification has been approved under the terms of this code for any duration. The finding of
the staff that a proposal meets the bulk and use requirements of the zoning ordinance shall be given
substantial deference and may be overcome by clear and convincing evidence.
b. Design Objectives. The proposal meets the relevant district -specific design objectives contained in the
comprehensive plan.
c. Design Criteria. The proposal satisfies the specific checklist criteria identified by the ADB during Phase
1 of the public hearing under subsection (A) of this section. When conducting its review, the ADB shall
not add or impose conditions based on new, additional criteria proposed in light of the specific
characteristics of a particular tract of land or on an ad hoc basis.
4. Project Consolidation. Projects may be consolidated in accordance with RCW 36.70B.110 and the terms of
the Edmonds Community Development Code.
C. Effect of the Decision of the ADB. The decision of the ADB described in subsection (B) of this section shall be
used by staff to determine if a project complies with the requirements of these chapters during staff review of any
subsequent applications for permits or approvals. The staff's determination shall be purely ministerial in nature and
no discretion is granted to deviate from the requirements imposed by the ADB and the Edmonds Community
Development Code. The staff process shall be akin to and administered in conjunction with building permit
approval, as applicable. Written notice shall be provided to any party of record (as developed in Phases 1 and 2 of
the public hearing) who formally requests notice as to:
1. Receipt of plans in a building permit application or application for property development as defined in
ECDC 20.10.020; and
2. Approval, conditioned approval or denial by staff of the building permit or development approval. [Ord.
4302 § 4 (Att. A), 2023; Ord. 3817 § 10, 2010; Ord. 3736 §§ 43, 44, 2009; Ord. 3636 § 3, 2007].
Section 20.15A.290 Fees.
A. The city shall require the following fees for its activities in accordance with the provisions of this chapter:
1. Threshold Determination. For every environmental checklist the city reviews as lead agency, the city shall
collect a fee set by Chapter- ECDC 15.00.020 from the proponent of the proposal prior to undertaking the
threshold determination. This fee may be waived as provided therein. The time periods provided by this chapter
from making a threshold determination shall not begin to run until fee has been paid or waived in writing by the
responsible official. When the city assists the applicant or completes the environmental checklist at the
applicant's request under ECDC 20.15A.120(C), an additional fee equal to the estimated actual cost of
providing the assistance shall be collected.
2. Environmental Impact Statement.
a. When the city is the lead agency for a proposal requiring an EIS and the responsible official determines
that the EIS shall be prepared by employees of the city, the city may charge and collect a reasonable fee
from any applicant to cover costs incurred, including overhead, by the city in preparing the EIS. The
responsible official shall advise the applicant of the projected costs for the EIS prior to actual preparation.
b. The responsible official may determine that the city will contract directly with a consultant for
preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than
the city and may bill such costs and expenses directly to the applicant. Such consultants shall be selected
by mutual agreement of the city and applicant after a call for proposals.
c. The applicant shall pay the projected amount to the city prior to commencing work. The city will refund
the excess, if any, at the completion of the EIS. If the city's cost exceeds the projected costs, the applicant
shall immediately pay the excess. If a proposal is modified so that an EIS is no longer required, the
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responsible official shall refund any fees collected under subsection (13)(1) or (2) of this section which
remain after incurred costs, including overhead, are paid.
3. The city may collect a reasonable fee from an applicant to cover the cost of meeting the public notice
requirements of this chapter relating to the applicant's proposal.
4. The city shall not collect a fee for performing its duties as a consulted agency.
5. The city may charge any person for copies of any document prepared under this chapter, and for mailing the
document, in a manner provided by Chapter 42.17 RCW. [Ord. 3818 § 1, 2010].
Section 20.30.020 Review.
The ee ff ri . *4y deve ,.pme fft dir-ee planning and development director shall review applications for joint use of
parking as a Type II decision (Staff decision — Notice required) using the criteria of this chapter as a basis for
review. [Ord. 3736 § 55, 2009].
20.30.050 Loss of joint use.
A. Alternate Sites. Applicant shall not allow or voluntarily participate in the loss of rights of joint use. In the event
applicant should for reasons beyond applicant's control lose applicant's rights of joint use, applicant shall have 90
days to secure on -site parking to conform to the parking requirements of this code, or secure another site for joint
use for which a new application must be submitted under the terms of this chapter.
B.E Discontinuance of Use. If applicant cannot or will not provide parking, or the in lie parking f as set forth in
subsections A and B of this seetion, the applicant will discontinue the use, or that portion of use causing the parking
deficiency within the original 90-day period set forth above.
Section 20.50.010 Purpose.
A. The purpose of this chapter is to regulate the placement, construction, modification and appearance of wireless
communication facilities, in order to protect the health, safety and welfare of the public, while not unreasonably
interfering with the deployment of competitive wireless communication facilities throughout the city. The purpose
of this chapter may be achieved through adherence to the following objectives:
1. Protect residential areas and land uses from potential adverse impacts that wireless communication facilities
might create, including but not limited to negative impacts on aesthetics, environmentally sensitive areas,
historically significant locations, flight corridors, and health and safety of persons and property;
2. Establishment of clear and nondiscriminatory local regulations concerning wireless communication facilities
and services that are consistent with federal and state laws and regulations;
3. Encourage providers of wireless communication facilities to locate facilities, to the extent feasible, in areas
where the adverse impact on the public health, safety and welfare is minimal;
4. For macro facilities, encourage the location of those facilities in nonresidential areas and allow macro
facilities in residential areas only when necessary to meet functional requirements of the communications
industry as defined by the Federal Communications Commission;
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5. Minimize the total number of macro facilities in residential areas;
6. Encourage and, where legally permissible, require cooperation between competitors and, as a primary option,
joint use of new and existing towers, tower sites and suitable structures to the greatest extent possible, where
doing so would significantly reduce or eliminate additional negative impact on the city;
7. Ensure wireless communication facilities are configured in a way that minimizes the adverse visual impact of
the facilities, as viewed from different vantage points, through careful design, landscape screening, minimal
impact siting options and camouflaging techniques, dispersion of unscreened features to lessen the visual
impact upon any one location, and through assessment of innovative siting techniques;
8. Enable wireless communication companies to enter into lease agreements with the city to use city property
for the placement of wireless facilities, where consistent with other public needs, as a means to generate
revenue for the city;
9. Balance the city's intent to minimize the adverse impacts of wireless communication facilities with the
ability of the providers of communications services to deploy such services to the community quickly,
effectively and efficiently;
10. Provide for the prompt removal of wireless communication facilities that are abandoned or no longer
inspected for safety concerns and building code compliance, and provide a mechanism for the city to cause
these abandoned wireless communication facilities to be removed as necessary to protect the eitize residents
from imminent harm and danger;
11. Avoid potential damage to people and adjacent properties from tower failure and falling equipment, through
strict compliance with state building and electrical codes; and
12. Disperse the adverse impacts of small wireless facility facilities as evenly as possible throughout the
community, especially when joint use does not eliminate additional visual impact.
B. In furtherance of these objectives, the city shall give due consideration to the zoning code, existing land uses, and
environmentally sensitive areas when approving sites for the location of wireless communication facilities.
C. These objectives were developed to protect the public health, safety and welfare, to protect property values, and
to minimize and disperse visual impact, while furthering the development of enhanced communications services in
the city. These objectives were designed to comply with the Telecommunications Act of 1996 and its implementing
regulations. The provisions of this chapter are not intended to and any ambiguities herein shall not be interpreted in
such a manner that would materially inhibit the deployment of wireless communication facilities. This chapter shall
not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent
wireless facilities.
D. To the extent that any provision of this chapter is inconsistent or conflicts with any other city ordinance, this
chapter shall control. Otherwise, this chapter shall be construed consistently with the other provisions and
regulations of the city.
E. In reviewing any application to place, construct or modify wireless communication facilities, the city shall act
within federally required time periods. Any decision to deny an application shall be in writing, supported by
substantial evidence contained in a written record. The city shall approve, approve with conditions, or deny the
application in accordance with this title, this chapter, the adopted Edmonds comprehensive plan, and other
applicable ordinances and regulations. [Ord. 4147 § 2 (Att. A), 2019; Ord. 3961 § 1, 2014; Ord. 3845 § 2 (Att. A),
2011].
Section 20.60.020 General regulations for permanent signs.
A. Sign Area. The area of a sign shall be calculated as follows:
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1. The area of a sign is maximum actual area of a sign that is visible from any 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
Left: Sign area = X * Y
I
i
Right: Applied individual letters are calculated separately
Monument sign: The base is not included in the calculation of sign area (dashed rectangle).
B. 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. Other than a mansard roof on a one-story building, a sign may not
be attached above the eave or drip line on a pitched roof.
C. 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.
D. Signs that extend into or over a public right-of-way shall comply with Chapter 18.70 ECDC.
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E. 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.
F. 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 allowed. Messages that change at intervals less than 20 seconds will be considered blinking or flashing and
not allowed.
G. No light source which exceeds 20 watts shall be directly exposed to any public street or adjacent property.
H. No illumination source of fluorescent light shall exceed 425 milliamps or be spaced closer than eight inches on
center.
I. 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.
J. No window signs above the first floor shall be illuminated.
K. 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 the finished grade at the base of the supports.
L. Portable signs may not be used as permanent signage; only fixed signs are permitted.
M. The following matrix summarizes the types of signs permitted in each neighborhood/district within the city:
Sign Type
Downtown'
SR-992
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
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Neighborhood
Commercial
(BN, BP and
Business Uses in
Sign Type
Downtown'
SR-99'
Westgate/SR-1043
FVMU Zones)
RM Zones
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.
z SR-99 includes all properties within the medical/Highway 99 activity center and the Highway 99 corridor
defined in the comprehensive plan.
s 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.
Note: In the above table, P = Permitted; N = Not permitted; C = Conditionally permitted thr-ough design review if
consistent with the standards itemized in subsection (N) of this section.
N. 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 complement 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. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3631 § 2, 2007; Ord. 3461
§ 2, 2003].
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Section 20.60.100 Administration.
A. General. The ^amff anit . ay. elapf ef4 difee planning and 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-ECDC 15.00.020.
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. 4064 § 1 (Att. A), 2017; Ord.
4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003].
Section 20.75.040 Application.
Tanning anddevelopment ae-^•-'me^*. A subdivision application will be processed concurrently with any
applications for rezones, variances, planned unit developments, site plan approvals and other similar approvals that
relate to the proposed subdivision, unless the applicant expressly requests sequential processing. The application
shall contain the following items in addition to those specified in ECDC 20.02.002:
A. n reproducible copy of The preliminary plat; and the number of prints required by the pl.,,,,,;.,.. an
development department;
B. Title report;
C. A survey map, if required by the planning and development director, of the exterior boundaries of the land to be
subdivided, prepared by, and bearing the seal and signature of, a professional land surveyor registered in the state of
Washington. This map can be combined with the preliminary plat at the applicant's option;
D. The application fee as set in Chapter 0 ECDC 15.00.020;
E. A proposal for dedication of park land rather than payment of in -lieu fees, if desired by the applicant;
F. Source of water supply and name of supplier;
G. Method of sewage disposal, and name of municipal system if applicable. Percolation rates and other information
required by the public works department shall be submitted if septic tanks are to be used;
H. Other information that may be required by the planning and development director in order to properly review the
proposed subdivision, including information needed to determine the environmental impact of the proposal. [Ord.
4299 § 54 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3736 § 62, 2009; Ord.
2379 § 1, 1983].
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Section 20.75.050 Lot line adjustment — Application.
A. Lot Line Adjustment Defined. A lot line adjustment is an alteration of lot lines between platted or unplatted lots
or both, which does not create any additional lot, tract, parcel, site or division.
B. Lot Line Adjustment Exempt from Subdivision Review. Except as otherwise provided in this section, lot
adjustments shall not be subject to the provisions of this chapter.
C. Lot Line Adjustment Review. All proposals for lot line adjustments shall be submitted to the Edmonds planning
manager or his/her designee for approval. The Edmonds planning manager or his/her designee shall approve the
proposed lot line adjustment unless the manager or his/her designee certifies in writing that the proposed adjustment
will:
1. Create a new lot, tract, parcel, site or division;
2. Reduce the setbacks of existing structures below the minimum required by code or make existing
nonconforming setbacks of existing structures more nonconforming than before;
3. Reduce the lot width or lot size below the minimum required for the applicable zone;
4. Transform a nonbuildable lot, tract, parcel, site or division into a buildable lot, tract, parcel, site or division;
5. Would otherwise result in a lot which is in violation of any requirement of the ECDC.
D. Application. A lot line adjustment application shall be submitted on forms provided by the city and shall at a
minimum contain the following information:
1. Dimensioned
plans prepared and stamped by a professional land surveyor registered in the state of Washington and
slyconforming to city of Edmonds survey requirements, as promulgated by the Edmonds planning division.
Information on the plans shall include the following:
a. Legal descriptions of the existing lots and proposed lot line adjustment(s);
b. The location of all existing structures on the subject parcel(s), including dimensioned setback
information from all existing and proposed lot lines and ingress/egress easements;
c. Locations of all existing ingress/egress and utility easements;
d. Gross and net lot area for the original parcels and the proposed parcels (net gFess lot area does not
include any lot area devoted to vehicular ingress/egress easements);
e. The existing zoning of the subject parcel(s);
f. Location of all existing driveways on the subject parcel(s); and
g. The lot lines of adjoining properties for a distance of at least 50 feet.
2. A title company certification which is not more than 30 calendar days old containing:
a. A legal description of the total parcel(s) sought to be adjusted;
b. A list of those individuals, corporations, or other entities holding an ownership interest in the parcel(s);
c. Any easements or restrictions affecting the property(ies) with a description, purpose and reference by
auditor's file number and/or recording number;
d. Any encumbrances on the property; and
e. Any delinquent taxes or assessments on the property.
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E. Fee. The application fee shall be as set in Chapter ECDC 15.00.020.
F. Expiration. An application for a lot line adjustment shall expire one year after a complete application has been
filed with the city. An extension up to an additional year may be granted by the Edmonds planning manager or
his/her designee upon a showing by the application of reasonable cause.
G. Review. A certified determination of the planning manager or his/her designee may be appealed to the hearing
examiner as a Type II decision as set forth in Chapter 20.06 ECDC. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1
(Exh. 1), 2017; Ord. 3736 § 63, 2009; Ord. 3211 § 1, 1998].
Section 20.75.065 Preliminary review.
A. Responsibility for Review. The planning and development director, or a designated planning staff member, is in
charge of administering the preliminary review of all subdivisions. The public works director and the fire
department, and other departments if needed, shall participate in preliminary review by appropriate
recommendations on subjects within their respective areas of expertise.
1. When the dir-eeter ef planning and develepment has aeeepted a s4divisien fer filing, he shall set a date of
hearing, and give natiee ef the heafing as previded in ECDC B. Notice of Hearing.
and by the fallowing for a felzmal
subdivisiew
a. One publication in a newspaper of general circulation within Snohomish County pufsuant to Chapter 1.03 ECCC
and posting notice in thfee conspietious places within 300 feet of any pertion of the boundary of the proposed form
subdivision not loss than 10 working days prior- to the ho r: ,_
e. Mailing to the county if a proposed formal subdivision is adjacent to the city county boundary.
d. Mailing to the State Depa4mef4 of Highways if a proposed fbi:Fnal s4divisien is adjaeef4 te a stme higfpmay
right e f .
e. The notice must include a legal description and either a vicinity loeation sketch or a location description in
nonlegal language.
C. Time Limits for Staff Review. Staff review shall be completed within 120 days from the date of filing.
D. Formal Subdivision Review. The hearing examiner shall review a formal subdivision as a Type III -A decision in
accordance with provisions of Chapter 20.06 ECDC.
E. Short Subdivisions — Staff Review. The director of planning and development shall review a short subdivision as
a Type II decision (Staff decision — Notice required).
F. Appeal of Staff Decision. Any person may appeal to the hearing examiner a Type II decision of the planning and
development director on a short subdivision under the procedure set forth in Chapter 20.06 ECDC. [Ord. 4299 § 57
(Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3817 § 12, 2010; Ord. 3783 § 12,
2010; Ord. 3775 § 12, 2010; Ord. 3736 § 65, 2009; Ord. 3211 §§ 4, 5, 1998; Ord. 3112 §§ 17, 18, 19, 1996; Ord.
2379 § 2, 1983].
Section 20.75.085 Review criteria.
The following criteria shall be used to review proposed subdivisions:
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A. Environmental.
1. Where environmental resources exist, such as trees, streams, ravines or wildlife habitats, the proposal shall
be designed to minimize significant adverse impacts to the resources. Permanent restrictions may be imposed
on the proposal to avoid impact.
2. The proposal shall be designed to minimize grading by using shared driveways and by relating street, house
site and lot placement to the existing topography.
3. Where conditions exist which could be hazardous to the future residents of the land to be divided, or to
nearby residents or property, such as floodplains, steep slopes or unstable soil or geologic conditions, a
subdivision of the hazardous land shall be denied unless the condition can be permanently corrected, consistent
with subsections (A)(1) and (2) of this section.
4. The proposal shall be designed to minimize off -site impacts on drainage, views and so forth.
B. Lot and Street Layout.
1. Lots shall be designed to contain a usable building area. If the building area would be difficult to develop,
the lot shall be redesigned or eliminated, unless special conditions can be imposed on the approval which will
ensure that the lot is developed properly.
2. Lots shall not front on highways, arterials or collector streets unless there is no other feasible access. Special
access provisions, such as shared driveways, turnarounds or frontage streets may be required to minimize
traffic hazards.
3. Each lot shall meet the applicable dimensional requirements of the zoning ordinance.
4. Pedestrian walks or bicycle paths shall be provided to serve schools, parks, public facilities, shorelines and
streams where street access is not adequate.
C. Dedications.
1. The city may require dedication of land in the proposed subdivision for public use.
2. Only the city council may approve a dedication of park land to satisfy the requirements of ECDC 20.75.090.
The council may request a review and written recommendation from the planning advisory board.
3. Any approval of a subdivision shall be conditioned on appropriate dedication of land for streets, including
those on the official street map and the preliminary plat.
D. Improvements.
1. Improvements which may be required, but are not limited to, streets, curbs, pedestrian walks and bicycle
paths, sidewalks, street landscaping, water lines, sewage systems, drainage systems and underground utilities.
2. The person or body approving a subdivision shall determine the improvements necessary to meet the
purposes and requirements of this chapter, and the requirements of:
a. ECDC Title 18, Public Works Requirements;
b. Chapter 19.25 ECDC, Fire Code, as to fire hydrants, water supply and access.
This determination shall be based on the recommendations of the planning and development director, the public
works director, and the fire chief.
3. The use of septic systems may be approved if all of the following conditions are met:
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a. It is more than 200 feet, multiplied by the number of lots in the proposed subdivision, from the nearest
public sewer main to the nearest boundary of the land to be divided.
b. The land to be divided is zoned RS-20.
c. The public works director and city health offs Snohomish County health officer determine that soil,
drainage and slope conditions are satisfactory for septic use and that all requirements of WAC 248-96-090
are met.
E. Floodplain Management. All subdivision proposals shall comply with the criteria set forth in the Edmonds
Community Development Code for floodplain management. [Ord. 4299 § 58 (Exh. A), 2023; Ord. 4154 § 4 (Att. C),
2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3211 § 7, 1998; Ord. 2466, 1984].
20.75.090 Park land dedication.
A. Dedication or In -Lieu of Fee Required. Before or concurrent with the approval of the final plat of any
subdivision, the subdivider shall dedicate land, pay a fee in -lieu of dedication, or do a combination of both, for park
and recreational purposes.
B. Proposal of Dedication. Either the applicant or the city may propose dedication of a portion of the land to be
divided in order to meet the regulations of this section. Payment of in -lieu fees is required unless dedication is
proposed and approved.
C. Review of Dedications. Dedication proposals shall be reviewed at the same time as the subdivision proposal. Any
short subdivision containing a dedication proposal shall be reviewed as if it were a formal subdivision.
D. Factors for Review. Dedication proposals shall be reviewed for consistency with the Comprehensive Plan, the
Comprehensive Parks and Recreation Plan, and the Recreational Walks Plan. Other factors to be considered include
size, usability and accessibility of the land proposed for dedication, and the possibility of coordinating dedication by
owners of adjacent land.
E. In -Lieu Fee. In -lieu park fees shall be as set in Chapter 0 ECDC 15.00.020. [Ord. 4154 § 4 (Att. C), 2019;
Ord. 4070 § 1 (Exh. 1), 2017].
Section 20.75.110 Changes.
A. Preliminary Plats. The planning and development director may approve as a Type I decision minor changes to an
approved preliminary plat, or its conditions of approval. If the proposal involves additional lots, rearrangements of
lots or roads, additional impacts to surrounding property, or other major changes, the proposal shall be reviewed in
the same manner as the original application. Application fees shall be as set in Chapter- 0 ECDC 15.00.020.
B. Recorded Final Plats. An application to change a final plat that has been filed for record shall be processed in the
same manner as a new application. This section does not apply to affidavits of correction. [Ord. 4299 § 59 (Exh. A),
2023; Ord. 4154 § 4 (Art. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3736 § 66, 2009].
Section 20.75.130 Installation of improvements.
A. Timing and Inspection Fee. The applicant shall not begin installation of improvements until the public works
director has approved the improvement plans, the public works director and the applicant have agreed in writing on
a time schedule for installation of the improvements, and the applicant has paid an inspection fee, as set in Chapter
15-00 ECDC 15.00.020.
B. Completion — Bonding. The applicant shall either complete the improvements before the final plat is submitted
for city approval, or the applicant shall post a bond or other suitable surety to guarantee the completion of the
improvements within one year of the approval of the final plat. The bond or surety shall be based on the construction
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cost of the improvement as determined by the director of public works, and shall be processed as provided in
Chapter 17.10 ECDC.
C. Acceptance — Maintenance Bond. The director of public works shall not accept the improvements for the city of
Edmonds until the improvements have been inspected and found satisfactory, and the applicant has posted a bond or
surety for 15 percent of the construction cost to guarantee against defects of workmanship and materials for two
years from the date of acceptance.
D. Short Subdivision — Deferred Installation. If the planning and development director determines that installation of
improvements will not be needed at the time of the approval of the final plat of the short subdivision, the
improvements shall be installed or guaranteed by bond before issuance of any development permit for any lot shown
on the preliminary plat. This condition shall be stated on the final plat, and shall be binding on all later owners of
lots created by the subdivision. [Ord. 4299 § 60 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh.
1), 2017].
20.75.140 Final plat — Required certificates.
The following certificates shall be shown on the final plat. Subsections (A) through (G) of this section shall be
signed by the indicated person before the final plat is submitted for review. Subsection (G) of this section is required
for formal subdivision only.
A. Surveyor. The surveyor shall place his seal and signature on the plat along with:
1. A statement certifying that the plat was prepared by him, or under his supervision;
2. A statement certifying that the plat is a true and correct representation of the land surveyed;
3. A full and correct description of the land to be divided.
B. Owner. The owner shall certify that the subdivision has been made with his free consent and according to his
desires. Owners of other interests shown on the title report shall certify that they have notice of the subdivision.
C. Dedications. A certificate of dedication by the owner for all areas to be dedicated to the public, acknowledged by
a notary.
D. Waiver of Claims. A statement by the owner waiving all claims for damages against any governmental authority
which may arise from the construction, drainage and maintenance of required improvements.
E. Waiver of Access. If required by the conditions of the preliminary approval, a waiver by the owner of direct
access to any street from any property.
F. Roads Not Dedicated. A statement or other clear indication by the owner if any street is not to be dedicated to the
public.
G. Health Officer. A statement by the eity of Edmands Snohomish County health officer certifying that the proposed
means of sewage disposal and water supply are adequate.
H. Director of Public Works. The following statements to be signed by the director of public works:
1. A statement approving the survey date, the layout of streets, alleys and other rights -of -way, design of
bridges, sewage and water system and other structures; and approving the final plat or short subdivision.
I. Planning and Development Director. The following statements to be signed by the planning and development
director:
1. A statement that the final plat conforms to the approved preliminary plat and all conditions of the
preliminary approval; and approving the final plat or shore subdivision.
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J. Repealed by Ord. 4154.
K. Taxes. A statement to be signed by the county treasurer that all taxes and delinquent assessments for which the
land to be divided may be liable as of the date of the signing of the statement have been paid. [Ord. 4299 § 61 (Exh.
A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017].
20.75.145 Final plat — Accompanying material.
The following material shall be submitted to the director of public works with the final plat:
A. Review Fee. A review fee for the final plat as set in Chapter ECDC 15.00.020 shall be paid for each check
or recheck of the final plat.
B. Survey Notes. Complete field and computation notes of the plat survey showing the original or reestablished
corners with descriptions and the actual traverse showing error of closure and method of balancing. A sketch
showing all distances, angles and calculations required to determine corners and distances of the plat shall
accompany this data. The allowable error of closure shall not exceed one foot in 5,000 feet.
C. Title Report. A title report showing that ownership and other interests in the land described and shown on the
final plat is in the name of the person signing the owner's certificate. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1
(Exh. 1), 2017].
Section 20.85.020 General requirements.
A. Review. The hearing examiner shall review variances as Type III-B decisions in accordance with provisions of
Chapter 20.06 ECDC.
B. Appeals. The hearing examiner decisions on variance shall be appealable to the city council in accordance with
Chapter 20.06 ECDC.
C. Time Limit. The approved variance must be acted on by the owner within one year from the date of approval or
the variance shall expire and be null and void, unless the owner files an application for an extension of time before
the expiration and the city approves the application.
D. Review of Extension Application. An application for an extension of time shall be reviewed by the community
development direete planning and development director as a Type II decision (Staff decision — Notice required).
E. Location. A variance applies only to the property for which it has been approved and may not be transferred to
any other property. [Ord. 4154 § 23 (Att. D), 2019; Ord. 3783 § 14, 2010; Ord. 3775 § 14, 2010; Ord. 3736 § 70,
2009].
Section 20.110.040 Enforcement procedures.
A. Order to Correct Violation.
1. Issuance. Whenever the community services directorplanningand development director or his/her designee
becomes aware that a violation has occurred or is occurring, he/she may issue an order to correct violation to
the property owner or to any person causing, allowing or participating in the violation.
2. Content. The lannin and develo ment director or his/her designee shall
include the following in the order to correct violation:
a. Name and address of the property owner or other person to whom the order to correct violation is
directed; and
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b. The location of the subject property by address or other description sufficient for identification of the
building, structure, premises or land upon or within which the violation has occurred or is occurring; and
c. The code section that has been violated; and
d. A description of the violation; and
e. A statement of action required to be taken to correct the violation; and
f. Date by which compliance is required to avoid monetary penalties. This date will be no less than 24
hours from the date and time that the notice is posed on the property or no less than three days from the
date that the letter is placed in U.S. Mail; and
g. Statement that a monetary penalty in an amount per day for each violation shall be assessed against the
person to whom the order to correct violation is directed for each and every day or portion of a day on
which the violation continues following the administrative hearing.
3. Service of Order. The community services dir-ector-planning and development director or his/her designee
shall serve the order to correct violation upon the person to whom it is directed, either by sending a copy by
U.S. Mail to the last known address of the person responsible for the violation, or by posting a copy
conspicuously on the site or by serving a copy of the notice personally on the person responsible for the
violation.
B. Notice of Civil Violation.
1. Issuance. If the person responsible for the violation fails to correct or cause the correction of the violation
within the time given by the order to correct the violation, a notice of civil violation will be issued to each
person to whom the order to correct violation directed.
2. Issuance in an Emergency or for Repeat Violations. The community services director -planning and
development director or his/her designee may issue a notice of civil violation without having issued an order to
correct where an emergency exists or a repeated violation occurs.
3. Content. The applicable department director or his/her designee shall include the following in the notice of
civil violation:
a. The name and address of the property owner or the person to whom the notice is directed; and
b. The location of the subject property by address or other description sufficient for the identification of
the subject property; and
c. The code section that has been violated; and
d. A description of the violation; and
e. A statement that a monetary penalty in an amount per day is assessed against the person to whom the
violation is directed for each and every day or portion of a day during which the violation continues; and
f. Date by which compliance is required to avoid abatement by the city. This date will be no less than 10
days from the date of the notice to correct violation; and
g. A statement that the person to whom the notice of civil violation is directed must correct the violation
and may pay the monetary penalty imposed to the city of Edmonds planning division or may appeal the
notice of civil violation to the city of Edmonds hearing examiner.
4. Service of Notice. The lannin and develo ment director or his/her designee
shall serve the notice of civil violation upon the person to whom it is directed, either by sending a copy by U.S.
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Mail to the last known address of the person responsible for the violation, or by posting a copy conspicuously
on the site or by serving a copy of the notice personally on the person responsible for the violation.
C. Appeal to Hearing Examiner.
1. General. A person to whom the notice of civil violation is directed may appeal the notice of civil violation by
filing a written notice of appeal with the eomnwnity services diffector-planning and development director within
10 days of the date the notice is placed in the mail, or seven days from the date the notice is posted
conspicuously on the property or served personally on the person responsible for the violation.
2. Notice of Hearing. Notice of hearing will be sent by mail, posted on the site, or served in person upon the
violating party no less than five calendar days before the time fixed for the hearing.
3. Hearing by City Violations Hearing Examiner.
a. At the time stated in the notice, the violations hearing examiner will hear all relevant objections,
protests and shall receive testimony under oath. Said hearings may be continued from time to time. If
continued to a date certain, no new posting is required.
b. If the violations hearing examiner finds that a violation of the Edmonds Community Development Code
exists and that there is sufficient cause to abate the same, the hearing examiner will prepare findings and
an order within 24 hours which shall specify:
i. The nature of the violation; and
ii. The amount of fine per day; and
iii. The method of abatement; and
iv. The time by which abatement is to be completed.
D. Appeal to Superior Court. The determination of the hearing examiner is final and shall be appealable to superior
court in accordance with Chapter 36.70C RCW.
E. Abatement by the City. If the violation has not been corrected by the time ordered by the violations hearing
examiner, or by the correction date ordered by the notice of civil violation, an abatement notice shall be sent by mail
to the person responsible for the violation at their last known address, shall be posted in a conspicuous location on
the site or served personally on the person responsible for the violation no less than 10 working days prior to
abatement by the city. The city, its employees or agents are expressly authorized to enter said property for the
purposes of abatement of said violation. The actual cost of abatement, including any incidental cost such as, but not
limited to: staff time; legal costs; cost of postage or service; and any other reasonable, incidental cost shall be
calculated and added to the monetary penalties. The city shall be free to employ appropriate contractors to remedy
the situation and may pass through all costs of such contractors as incidental costs of abatement.
F. Monetary Penalties. Except where a different penalty is specifically established by this code, violations shall be
assessed at the rate of $100.00 per day or a portion of day thereof, for each and every day after the service of the
notice of civil violation. The violations hearing examiner may also grant an extension of the date upon which fines
begin in order to allow for a reasonable period of abatement. Such extension shall not exceed 10 calendar days.
Following a finding of the hearing examiner of the existence of a violation at the appeal hearing on the expiration of
the appeal period, continuing fines may be assessed by the provision of additional notice of civil violation pursuant
to subsection (B)(2) of this section and an opportunity for hearing. No additional fine for a continuing violation may
be assessed without the provision of notice and the opportunity for a hearing.
G. Collection of Monetary Penalties. The monetary penalties constitute a personal obligation of the persons to whom
the order to correct is directed. Any monetary penalty must be paid to the city of Edmonds planning division within
10 working days from the date of service of the hearing examiner order or as ordered by superior court if the hearing
examiner's decision is appealed. [Ord. 3827 §§ 1, 2, 2010; Ord. 3795 §§ 1, 3, 2010; Ord. 3779 § 1, 2010; Ord. 3242
§ 3, 1999; Ord. 2934 § 1, 1993; Ord. 2913 § 3, 1993].
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Section 21.80.020 Permit coordinator.
Permit coordinator means the ^,,._.m unity development dire.planning and development director or other person
designated by the mayor.
Section 22.110.000 Purpose and intent.
The core concept for the Westgate mixed -use district is to create a vibrant mixed -use activity center that enhances
the economic development of the city and provides housing as well as retail and office uses to meet the needs of all
age groups. This chapter seeks to retain key features of the area, including protecting the large trees and green
surrounding hillsides, while increasing walkability and gathering spaces, such as plazas and open spaces. Important
aspects of this chapter include:
A. Protecting steep slopes is a key concept;
B. Designing a landscape emphasis for the primary intersection;
C. Creating a lively pedestrian environment with wide sidewalks and requirements for buildings to be placed close
to the sidewalk;
D. Landscaping the plazas, open spaces, and parking areas with required landscaped open space;
E. Promoting a sustainable low -impact development with a requirement for bioswales, rain gardens, green roofs and
other features to retain and infiltrates stormwater;
F. Providing workforce housing and increasing residential uses including small -sized dwelling units;
G. Providing options for nonmotorized transportation linking new bike lanes into the city's larger system of bike
lanes and extending sidewalks and pedestrian paths into the surrounding residential areas. [Ord. 3993 § 2 (Exh. 2),
20151.
Section 22.110.030 Green building construction and housing.
A. Purpose. The purpose of this section is to encourage the development of a variety of housing choices available to
residents of all economic segments and to encourage sustainable development through the use of development
standards, requirements and incentives.
B. Green Building and Site Design Criteria. All development in the Westgate district shall meet Built Green one- to
three -star or LEED certified rating or equivalent as a requirement and shall meet a minimum green factor score of
0.3.
C. Sustainable Site Design. All development shall meet Built Green one- to three -star or LEED certified standards,
or an equivalent. Green factor score requirements shall be used in the design of sustainable site features and low -
impact stormwater treatment systems. A green factor score of 0.3 is required of all developments (see
ECDC 22.110.070).
Pervious surfaces shall be integrated into site design and may include: pervious pavement, pervious pavers and
vegetated roofs. Capture and reuse strategies including the use of rainwater harvesting cisterns may be substituted
for the effective area of pervious surface required.
Runoff generated on site shall be routed through a treatment system such as a structured stefm wate stormwater
planter, bioswale, rain garden, pervious pavement, or cisterns. Runoff leaving the site shall conform to city of
Edmonds e stormwater management code, Chapter 18.30 ECDC.
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D. Housing. To promote a balance in age demographics and encourage age diversity, the city of Edmonds is actively
encouraging a greater number of dwelling units targeting young professionals and young workers through workforce
housing provisions. The Westgate mixed -use district requires that at least 10 percent of residential units shall be
very small units designed for affordable workforce housing (under 900 square feet) and that not more than 10
percent of all dwelling units may exceed 1,600 square feet in size. [Ord. 3993 § 2 (Exh. 2), 2015].
Section 22.110.070 Amenity space, open space, and green factor standards.
A. Purpose and Intent. This section identifies the types of amenity space and open space allowed to satisfy the
requirements of the Westgate mixed -use zone, and provides design standards for each type to ensure that proposed
development is consistent with the city of Edmonds's goals for character and quality of the buildings and spaces to
be constructed on private property within the Westgate area. This section also describes the green factor
requirements that apply to each development within Westgate.
The intent of the proposed system is not only to establish amenity spaces that serve the community and local needs,
but also to provide for the protection and enhancement of natural resources for the benefit of the greater community
Core principles of the Westgate mixed -use zone are to promote:
1. An environment that encourages and facilitates bicycling and pedestrian activity — "walkable" streets that are
comfortable, efficient, safe, and interesting; and
2. Coherence of the public right-of-way, serving to assist residents, building owners and managers with
understanding the relationship between the public right-of-way and their own properties; and
3. Sustainability, by providing for trees and plants which contribute to privacy, the reduction of noise and air
pollution, shade, maintenance of the natural habitat, conservation of water and rainwater management.
B. Green Factor Requirements.
1. Overview. The green factor sets a minimum score that is required to be achieved by each development
through implementation of landscaping practices. The program provides a menu of landscaping practices that
are intended to increase the functional quantity of landscape in a site, to improve livability and ecological
quality while allowing flexibility in the site design and implementation. In this approach, each qualified
landscape feature utilized in a project earns credits that are weighted and calculated through use of the green
factor scoresheet. The score is based upon the relationship between the site size and the points earned by
implementation of the specified landscape features.
For example, credits may be earned for quantity and size of trees and shrubs, bioretention facilities, and depth
of soil. Built features such as green roofs, vegetated walls and permeable paving may also earn credits. Bonus
points may be earned with supplementary elements such as drought -tolerant and native plants, rainwater
irrigation, public visibility and food cultivation. Scoring priorities come from livability considerations, an
overall decrease in impervious surfaces and climate change adaptation. The functional benefits target a
reduction ins stormwater runoff, a decrease in building energy, a reduction in greenhouse gas
emissions, and an increase in habitat space.
The minimum score required for all new development in the Westgate district is 0.3, earned through
implementation of features specified below that comply with green factor standards. The implementation of the
green factor does not have any effect upon other site requirements such as setbacks, open space standards,
street and parking standards, city of Edmonds municipals stormwater code and city of Edmonds
code for landscaping requirements that also apply. Green factor credit may be earned for these site
requirements only if they comply with green factor standards.
2. Application and Implementation. The green factor for the Westgate district uses for reference Seattle green
factor tools. These include:
a. The green factor worksheet.
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b. The green factor scoresheet.
c. The green factor plant list.
d. The green factor tree list.
The green factor tools are adopted in ECDC 22.110.100.
In complying with the green factor code, the following steps apply:
Step 1. Designers and permit applicants select features to include in planning their site and building and apply
them to the site design. Applicants track the actual quantity — e.g., square footage of landscaped areas, pervious
paved amenity space, number of trees — using the green factor worksheet.
Step 2. Calculations from the worksheet are entered on the scoresheet. The professional also enters the site's
square footage on the electronic scoresheet. The instrument then scores each category of proposed landscape
improvements, and provides a total score in relation to the overall site size. The designer can immediately know
if the site design is achieving the required score of 0.30, and can adjust the design accordingly. Note that
improvements to the public right-of-way (such as public sidewalks, street tree plantings) are allowed to earn
points, even though only the private site square footage is included in the site size calculation.
Step 3. The landscape professional submits the scoresheet with the project plans, certifying that the plan meets
or exceeds the minimum green factor score and other requirements for the property. The submission also
requires indication that a landscape management plan has been submitted to the client.
Step 4. City of Edmonds staff verify that the code requirements have been met before issuance of a permit.
3. Using Green Factor with Other Requirements. While a specific green feature may count for both green factor
calculations and other requirements such as amenity space or open space, the requirements for each need to be
met independently. The percentage of amenity space for Westgate is 15 percent of lot size, to be addressed
within each development project. The open space section, subsection (D) of this section, also addresses green
feature requirements, such as retention of vegetation on steep slopes, specifications for tree size, and storm
water stormwater management (refer to Chapter 18.30 ECDC); these are examples of features that are likely to
overlap with and contribute to the green factor score while also contributing to the open space requirement.
4. Green Factor Categories. The green factor tools may take into account the following landscape elements:
a. Landscaped areas (based on soil depth).
b. Bioretention facilities.
c. Plantings (mulch and ground cover).
d. Shrubs and perennials.
e. Tree canopy (based on tree sizes).
f. Green roofs.
g. Vegetated walls.
h. Approved water features.
i. Permeable paving.
j. Structural soil systems.
k. Bonuses for drought -tolerant plants, harvested rainwater, food cultivation, etc.
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C. Amenity Space. Amenity space is designed to provide residents and visitors of all ages with a variety of outdoor
activity space. Although the character of these amenity spaces will differ, they form the places that encourage
residents and visitors to spend time in the company of others or to enjoy time in an outdoor setting.
All new development shall provide amenity space equal to at least 15 percent of the lot size. Additional amenity
space above the 15 percent base requirement is encouraged and can be part of the development's green factor plan
outlined in subsection (B) of this section or can contribute to bonus heights as defined in ECDC 22.110.090. All
qualifying amenity space shall be open and accessible to the public during business hours. Qualifying amenity space
shall be open to the air and located within six feet of the finished grade in order to provide some opportunity for
variety and interest in public space while assuring easy accessibility for the public.
Required and bonus amenity space must be provided in one or more of the following forms and no others:
1. Lawns: an open space, available for unstructured recreation. A lawn may be spatially defined by landscaping
rather than building frontages. Its landscape shall consist of lawn and trees and shall provide a minimum of 60
percent planted pervious surface area (such as a turf, groundcover, soil or mulch).
2. Plazas: an open space, available for civic purposes and commercial activities. A plaza shall be spatially
defined primarily by building facades, with strong connections to interior uses. Its landscape shall consist
primarily of pavement. Trees are encouraged. Plazas shall be located between buildings and at the intersection
of important streets. Plazas shall provide a minimum of 20 percent planted pervious surface area (such as a rain
garden, bioswale, turf, groundcover, soil or mulch). The remaining balance may be any paved surface with a
maximum 30 percent impervious paved surface.
3. Squares: an open space available for unstructured recreation or civic purposes. A square is spatially defined
by building facades with strong connections to interior uses. Its landscape shall consist of paths, lawns and trees
with a minimum of 20 percent planted pervious surface area (such as a rain garden, bioswale, turf,
groundcover, soil or mulch). The remaining balance may be any paved surface with a maximum 30 percent
impervious paved surface.
Sidewalks. Although not counting toward required amenity space, the purpose of sidewalks is to provide safe,
convenient, and pleasant pedestrian circulation along all streets, access to shopfronts and businesses, and to improve
the character and identity of commercial and residential areas consistent with the city of Edmonds vision. New
development meeting the standards of this chapter may be allowed to use a portion of the sidewalk area within the
public right-of-way for outdoor seating, temporary displays, or other uses consistent with city code standards.
D. Open Space. All new development shall provide a minimum of 15 percent of lot size as open space. Qualifying
open space shall be unobstructed and open to the air. The goal for the overall open space in the Westgate mixed -use
zone is to create a unified, harmonious, and aesthetically pleasing environment that also integrates sustainable
concepts and solutions that restore natural functions and processes. In addition to amenity space, the Westgate
mixed -use zone shall incorporate open space, as described in the regulations for each building type. Features
contributing to the landscape character of Westgate also include:
1. Trees. The location and selection of all new tree planting will express the underlying interconnectivity of the
Westgate district and surrounding neighborhoods. Species selection will be in character with the local and
regional environment, and comprised of an appropriate mix of evergreen and deciduous trees. Trees will be
used to define the landscape character of open space and amenity space areas, identify entry points, and
reinforce the legibility of the district by defining major and minor thoroughfares for pedestrians, bicycles and
vehicles.
a. All new development shall preserve existing trees wherever feasible.
b. All new development shall plant new trees in accordance with this chapter.
Trees not included in amenity space or open space areas are not counted toward meeting overall amenity space
or open space requirements. For example, individual trees planted along walkways or driveways may count
toward meeting the green factor requirements but are not counted as open space.
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2. Steep Slopes. New development shall protect steep slopes by retaining all existing trees and vegetation on
protected slopes, as shown on the map included in this section (Figure 22.110.070.1)). No development activity,
including activities such as clearing, grading, or construction of structures or retaining walls, shall extend uphill
of the protected slope line shown on the following map. Protected slope areas may count toward required open
space if they retain existing trees or are supplemented to provide a vegetative buffer.
3. StormStormwater Management. Storm wate Stormwater runoff from sidewalks should be conveyed
to planted parkways or landscaped rain gardens. Overflow from parkways and runoff from the roadways should
be directed into bioswales and/or pervious paving in curbside parking areas, located along the street edges
where it can infiltrate into the ground. Perforated curbs through which streets stormwater runoff can
flow to open vegetated swales may also be provided, wherever feasible. Storm Stormwater features such
as bioswales or planted rain gardens may count toward required open space only if they are entirely landscaped.
Figure 22.110.070.D Protected Slopes
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[Ord. 3993 § 2 (Exh. 2), 2015].
Section 22.110.080 Public space standards.
Future development of the Westgate mixed -use district shall capitalize on opportunities to create and enhance public
spaces for recreational use, pedestrian activity, and ecological health to strengthen the overall character of the
district's public spaces.
A. Public Space — General Requirements. Public space shall enhance and promote the environmental quality and the
aesthetic character of the Westgate district in the following ways:
1. The landscape shall define, unify and enhance the public realm, including streets, parks, plazas, and
sidewalks;
2. The landscape shall be sensitive to its environmental context and utilize plant species that reduce the need for
supplemental irrigation water;
3. The landscape shall cleanse and detainer stormwater on site by utilizing a combination of
biofiltration, permeable paving and subsurface detention methods; and
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4. The landscape shall be compatible with encouraging health and wellness, encouraging walking, bicycling,
and other activities.
B. Public Space — Sustainability. The goal for the overall landscape design of public spaces is to create a unified,
harmonious, socially vibrant, and aesthetically pleasing environment that also integrates sustainable concepts and
solutions to restore natural functions and processes. The public right-of-way and urban street runoff becomes an
extension of existing drainage pathways and the natural ecology.
Water -efficient landscaping shall be introduced to reduce irrigation requirements based on a soil/climate analysis to
determine the most appropriate indigenous/native-in-character, and drought -tolerant plants. All planted areas, except
for lawn and seeded groundcover, shall receive a surface layer of specified recycled mulch to assist in the retention
of moisture and reduce watering requirements, while minimizing weed growth and reducing the need for chemical
herbicide treatments.
Where irrigation is required, high efficiency irrigation technology with low pressure applications such as drip,
soaker hose, rain shutoff devices, and low volume spray will be used. The efficiency and uniformity of a low water
flow rate reduces evaporation and runoff and encourages deep percolation. After the initial growth period of three to
seven years, irrigation may be limited in accordance with city requirements then in place.
The location and selection of all new tree planting will implement "green infrastructure" principles and visually
express the underlying interconnectivity of the Westgate development by doing the following:
1. Species selection shall be comprised of an appropriate mix of evergreen and deciduous trees.
2. Trees shall be used to define the landscape character of recreation and open space areas, identify entry
points, and reinforce the legibility of the neighborhood by defining major and minor thoroughfares for
pedestrians, bicycles, and vehicles.
3. Trees shall also be used to soften and shade surface parking and circulation areas.
C. Stefm Wa4e Stormwater Management. Stafm wa4e Stormwater shall be consistent with Chapter 18.30 ECDC.
Storm Stormwater and hydrology components shall be integrated into the Westgate district to restore and
maintain natural functions and processes, and mitigate negative environmental impacts.
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Public rights -of -way, proposed open space and parking lots shall filter and infiltratestorm wate stormwater to the
maximum extent feasible to protect the receiving waters of Puget Sound. This ecological concept transcends the
Westgate district to positively affect the surrounding neighborhoods, stream corridors and the regional watershed.
1. The two primary objectives of the proposed stafm wa4e stormwater and hydrology components are:
a. To reduce volume and rate of runoff; and
b. To eliminate or minimize runoff pollutants through natural filtration.
2. These objectives shall be met by:
a. Maximizing pervious areas;
b. Maximizing the use of trees;
c. Controlling runoff into bioswales and biofiltration strips;
d. Utilizing permeable paving surfaces where applicable and feasible;
e. Utilizing portions of parks and recreational spaces as detention basin; and
f. Removing sediments and dissolved pollutants from runoff.
D. SR 104/100th Avenue Intersection.
1. The design objectives for development, amenity space, open space, and landscape construction features at
this key intersection are to provide a sense of place and convey the walkable and sustainable character of the
Westgate district.
2. Building step -backs, pedestrian -oriented facades and amenities are required for the portions of buildings
within 40 feet of the corner at each quadrant of this intersection, as illustrated in Figure 22.110.010.13.
3. The design objectives at this intersection shall be addressed with a combination of building facade
treatments, public signage and amenity features (e.g., water features, art -work, bollards, benches, pedestrian -
scale lighting, arbors, green walls, landscaping, arcades) to signify the intersection's importance as a focal point
of the Westgate area (see Figure 22.110.080.1) for examples).
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Figure 22.110.080.D. Examples of identity and Landscape Construction Features
[Ord. 3993 § 2 (Exh. 2), 2015].
Section 23.40.005 Definitions pertaining to critical areas.
For the purposes of this chapter and the chapters on the five specific critical area types (Chapters 23.50, 23.60,
23.70, 23.80 and 23.90 ECDC) the following definitions shall apply:
"Adjacent" means those activities located on site immediately adjoining a critical area; or distance equal to or less
than 225 feet of a development proposal or subject parcel.
"Alteration" means any human -induced action which changes the existing condition of a critical area or its buffer.
Alterations include, but are not limited to: grading; filling; dredging; draining; channelizing; cutting, pruning,
limbing or topping, clearing, relocating or removing vegetation; applying herbicides or pesticides or any hazardous
or toxic substance; discharging pollutants; paving, construction, application of gravel; modifying for surface water
management purposes; or any other human activity that changes the existing landforms, vegetation, hydrology,
wildlife or wildlife habitat value of critical areas.
Best Available Science. See ECDC 23.40.310.
"Best management practices" means a system of practices and management measures that:
1. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, and toxics;
2. Control the movement of sediment and erosion caused by land alteration activities;
3. Minimize adverse impacts to surface and ground water quality, flow, and circulation patterns; and
4. Minimize adverse impacts to the chemical, physical, and biological characteristics of critical areas.
"Buffer" means the designated area immediately next to and a part of a steep slope or landslide hazard area and
which protects slope stability, attenuation of surface water flows and landslide hazards reasonably necessary to
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minimize risks to persons or property; or a designated area immediately next to and part of a stream or wetland that
is an integral part of the stream or wetland ecosystem.
"Chapter" means those sections of this title sharing the same third and fourth digits.
"City" means the city of Edmonds.
City Council or Council. See ECDC 21.15.030.
"Class" or "wetland class" means descriptive categories of wetland vegetation communities within the wetlands
taxonomic classification system of the U.S. Fish and Wildlife Service (Cowardin, et al., 1979).
"Clearing" means the act of cutting and/or removing vegetation. This definition shall include grubbing vegetation
and the use or application of herbicide.
"Compensation project" means an action(s) specifically designed to replace project -induced critical area or buffer
losses. Compensation project design elements may include, but are not limited to: land acquisition procedures and
detailed plans including functional value assessments, detailed landscaping designs, construction drawings, and
monitoring and contingency plans.
"Compensatory mitigation" means replacing project -induced losses or impacts to a critical area, and includes, but is
not limited to, the following:
1. "Creation" means actions performed to intentionally establish a wetland at a site where it did not formerly
exist.
2. "Reestablishment" means actions performed to restore processes and functions to an area that was formerly a
critical area, where the former critical area was lost by past alterations and activities.
3. "Rehabilitation" means improving or repairing processes and functions to an area that is an existing critical
area that is highly degraded because one or more environmental processes supporting the critical area have
been disrupted.
4. "Enhancement" means actions performed to improve the condition of existing degraded wetlands so that the
functions they provide are of a higher quality.
5. "Preservation" means actions taken to ensure the permanent protection of existing high -quality wetlands.
"Creation" means a compensation project performed to intentionally establish a wetland or stream at a site where
one did not formerly exist.
"Critical areas" for the city of Edmonds means wetlands, critical aquifer recharge areas, frequently flooded areas,
geologically hazardous areas, and fish and wildlife habitat conservation areas as defined in Chapters 23.50, 23.60,
23.70, 23.80 and 23.90 ECDC, respectively.
"Development proposal" means any activity relating to the use and/or development of land requiring a permit or
approval from the city, including, but not limited to: commercial or residential building permit; binding site plan;
conditional use permit; franchise; right-of-way permit; grading and clearing permit; mixed use approval; planned
residential development; shoreline conditional use permit; shoreline substantial development permit; shoreline
variance; short subdivision; special use permit; subdivision; flood hazard permit; unclassified use permit; utility and
other use permit; variance; rezone; or any required permit or approval not expressly exempted by this title.
"Director" means the city of Edmonds planning and development director or his/her designee.
"Division" means the planning division of the city of Edmonds planning and development department.
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"Enhancement" means an action taken to improve the condition and function of a critical area. In the case of
wetland or stream, the term includes a compensation project performed to improve the conditions of an existing
degraded wetland or stream to increase its functional value.
"Erosion" means the process in which soil particles are mobilized and transported by natural agents such as wind,
rain, frost action, or stream flow.
Erosion Hazard Areas. See ECDC 23.80.020(A).
Fish and Wildlife Habitat Conservation Areas. See Chapter 23.90 ECDC.
"Floodplain" means the total area subject to inundation by a "100-year flood." "100-year flood" means a flood
having a one percent chance of being equaled or exceeded in any given year.
"Footprint of existing development" or "footprint of development" means the area of a site that contains legally
established: buildings; roads, driveways, parking lots, storage areas, walkways or other areas paved with concrete,
asphalt or compacted gravel; outdoor swimming pools; patios.
Frequently Flooded Areas. See Chapter 23.70 ECDC.
"Functions" means the roles served by critical areas including, but not limited to: water quality protection and
enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance and attenuation; ground water
recharge and discharge; erosion control; wave attenuation; aesthetic value protection; and recreation. These roles are
not listed in order of priority.
Geologically Hazardous Areas. See Chapter 23.80 ECDC.
"Geologist" means a person licensed as a geologist, engineering geologist, or hydrologist in the state of Washington.
For geologically hazardous areas, an applicant may choose a geologist or engineering geologist licensed in the state
of Washington to assess the potential hazard.
"Geotechnical engineer" means a practicing geotechnical/civil engineer licensed as a professional civil engineer in
the state of Washington who has at least five years of professional employment as a geotechnical engineer in
responsible charge including experience with landslide evaluation.
"Grading" means any one or a combination of excavating, filling, or disturbance of that portion of the soil profile
which contains decaying organic matter.
"Habitats of local importance" means areas that include a seasonal range or habitat element with which a given
species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and
reproduce over the long term. These might include areas of high relative density or species richness, breeding
habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or
high vulnerability to alterations such as cliffs, talus, and wetlands. In urban areas like the city of Edmonds, habitats
of local importance include biodiversity areas and corridors, which are characterized by a framework of ecological
components which provides the physical conditions necessary for ecosystems and species populations to survive in a
human -dominated landscape.
"In -lieu fee program" means a program which sells compensatory mitigation credits to permittees whose obligation
to provide compensatory mitigation is then transferred to the in -lieu program sponsor, a governmental or nonprofit
natural resource management entity.
Landslide Hazard Areas. See ECDC 23.80.020(B).
"Mitigation" means the use of any or all of the following actions, which are listed in descending order of preference:
1. Avoiding the impact altogether by not taking a certain action or parts of an action;
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2. 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;
3. Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat
conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions
or the conditions existing at the time of the initiation of the project;
4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other
methods;
5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during
the life of the action;
6. Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and
habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and
7. Monitoring the hazard or other required mitigation and taking remedial action when necessary.
"Native vegetation" means vegetation comprised of plant species which are indigenous to the Puget Sound region
and which reasonably could have been expected to naturally occur on the site. "Native vegetation" does not include
noxious weeds as defined by the state of Washington or federal agencies.
"Normal maintenance of vegetation" means removal of shrubs/nonwoody vegetation and trees (less than four -inch
diameter at breast height) that occurs at least every other year. Maintenance also may include tree topping that has
been previously approved by the city in the past five years.
"Noxious weeds" means any plant that is highly destructive, competitive or difficult to control by cultural or
chemical practices, limited to those plants on the state noxious weed list contained in Chapter 16-750 WAC.
"Planning staff' means those employed in the planning division of the city of Edmonds planning and development
department.
"Qualified critical areas consultant" or "qualified professional" means a person who has the qualifications specified
below to conduct critical areas studies pursuant to this title, and to make recommendations for critical areas
mitigation. For geologically hazardous areas, the qualified critical areas consultant shall be a geologist or
engineering geologist licensed in the state of Washington to assess the potential hazard. If development is to take
place within a geologically hazardous area, the qualified critical areas consultant developing mitigation plans and
design shall be a professional engineer licensed in the state of Washington and familiar with landslide and slope
stability mitigation. For wetlands and streams, the qualified critical areas consultant shall be a specialist in botany,
fisheries, wetland biology, and/or hydrology with a minimum of five years' field experience with wetlands and/or
streams in the Pacific Northwest. Requirements defining a qualified critical areas consultant or qualified
professional are contained within the chapter on each critical area type.
"Reasonable economic use(s)" means the minimum use to which a property owner is entitled under applicable state
and federal constitutional provisions in order to avoid a taking and/or violation of substantive due process.
"Redeveloped land(s)" means those lands on which existing structures are demolished in their entirety to allow for
new development. The director shall maintain discretion to determine if the demolition of a majority of existing
structures or portions thereof constitute the redevelopment of a property or subject parcel.
"Restoration" means the actions necessary to return a stream, wetland or other critical area to a state in which its
stability, functions and values approach its unaltered state as closely as possible. For wetlands, restoration as
compensatory mitigation may include reestablishment or rehabilitation.
Seismic Hazard Areas. See ECDC 23.80.020(C).
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"Species of local importance" means those species that are of local concern due to their population status, their
sensitivity to habitat manipulation, or that are game (hunted) species. (See ECDC 23.90.010(A)(4).)
"Stormwater Management Manual" means the stormwater manual specified in Chapter 18.30 ECDC.
"Streams" means any area where surface waters produce a defined channel or bed which demonstrates clear
evidence, such as the sorting of sediments, of the passage of water. The channel or bed need not contain water year-
round. This definition is not meant to include irrigation ditches, canals, storm or surface water runoff devices
(drainage ditches) or other entirely artificial watercourses unless they are used by salmonids or used to convey
streams naturally occurring prior to construction of such watercourse. Streams are further classified into Categories
S, F, Np and Ns and fishbearing or nonfishbearing 1, 2 and 3. (See ECDC 23.90.010(A)(1).)
"Title" means all chapters of the city of Edmonds Community Development Code beginning with the digits 23.
"Undeveloped land(s)" means land(s) on which manmade structures or land modifications (clearing, grading, etc.)
do not exist. The director retains discretion to identify undeveloped land(s) in those instances where historical
modifications and structures may have existed on a property or subject parcel in the past.
"Wetland functions" means those natural processes performed by wetlands, such as facilitating food chain
production; providing habitat for nesting, rearing and resting sites for aquatic, terrestrial or avian species;
maintaining the availability and quality of water; acting as recharge and/or discharge areas for ground water
aquifers; and moderating surface water ands stormwater flows.
"Wetland mitigation bank" means a site where wetlands are restored, created, enhanced, or in exceptional
circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized
impacts to similar resources.
"Wetlands" means those areas that are inundated or saturated by ground or surface water at a frequency and duration
sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions. Wetlands do not include those artificial wetlands intentionally created from
nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention
facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July
1, 1990, that were unintentionally created as a result of the construction of a road, street or highway. However,
wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate
conversion of wetlands if permitted by the city (WAC 365-190-030(22)). Wetlands are further classified into
Categories 1, 2, 3 and 4. (See ECDC 23.50.010(B).) [Ord. 4299 § 67 (Exh. A), 2023; Ord. 4026 § 1 (Att. A), 2016;
Ord. 3952 § 1, 2013; Ord. 3931 § 2, 2013; Ord. 3527 § 2, 2004. Formerly 23.40.320].
Section 23.40.020 Relationship to other regulations.
A. These critical areas regulations shall apply as an overlay and in addition to zoning, site development,
stormwater management, building and other regulations adopted by the city of Edmonds.
B. Any individual critical area adjoined or overlain by another type of critical area shall have the buffer and meet the
requirements that provide the most protection to the critical areas involved. When any provision of this title or any
existing land use regulation conflicts with this title, that which provides more protection to the critical area shall
apply.
C. These critical areas regulations shall be coordinated with review conducted under the State Environmental Policy
Act (SEPA), as necessary and locally adopted.
D. Compliance with the provisions of this title does not constitute compliance with other federal, state, and local
regulations and permit requirements that may be required (for example, shoreline substantial development permits,
Hydraulic Permit Act (HPA) permits, Section 106 of the National Historic Preservation Act, U.S. Army Corps of
Engineers Section 404 permits, and National Pollution Discharge Elimination System permits). The applicant is
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responsible for complying with these requirements, apart from the process established in this title. [Ord. 4026 § 1
(Att. A), 2016; Ord. 3527 § 2, 2004].
Section 23.40.090 Critical areas report — Requirements.
A. Preparation by Qualified Professional. The applicant shall submit a critical areas report prepared by a qualified
professional as defined herein. For wetlands, frequently flooded areas and fish and wildlife habitat conservation
areas, an applicant may choose one of the qualified technical consultants on the city's approved list to prepare
critical areas reports per the requirements of this title or may apply to utilize an alternative consultant. Critical areas
studies and reports developed by an alternative consultant may be subject to independent review pursuant to
subsection (B) of this section. All costs associated with the critical areas study shall be borne by the applicant.
B. Independent Review of Critical Areas Reports. Critical areas studies and reports on geologically hazardous areas
and those developed by an applicant representative or consultant not as part of a three -party contract may, at the
discretion of the director, be subject to independent review. This independent review shall be performed by a
qualified technical consultant selected by the city with all costs borne by the applicant. The purpose of such
independent review is to provide the city with objective technical assistance in evaluating the accuracy of submitted
reports and/or the effects on critical areas which may be caused by a development proposal and to facilitate the
decision -making process. The director may also have technical assistance provided by appropriate resource agency
staff if such assistance is available in a timely manner.
C. Best Available Science. The critical areas report shall use scientifically valid methods and studies in the analysis
of critical areas data and field reconnaissance and reference the source of science used. The critical areas report shall
evaluate the proposal and all probable impacts to critical areas in accordance with the provisions of this title.
D. Minimum Report Contents. At a minimum, the report shall contain the following:
1. The name and contact information of the applicant, a description of the proposal, and identification of the
permit requested;
2. A copy of the site plan for the development proposal including:
a. A map to scale depicting critical areas, buffers, the development proposal, and any areas to be cleared;
and
b. A description of the proposed stormwater management plan for the development and
consideration of impacts to drainage alterations;
c. The site plan shall identify the location of all native and nonnative vegetation of six inches dbh or
larger;
3. The dates, names, and qualifications of the persons preparing the report and documentation of any fieldwork
performed on the site;
4. Identification and characterization of all critical areas, wetlands, water bodies, shorelines, and buffers
adjacent to the proposed project area;
5. A description of reasonable efforts made to apply mitigation sequencing pursuant to ECDC 23.40.120,
Mitigation sequencing, to avoid, minimize, and mitigate impacts to critical areas;
6. Report requirements specific to each critical area type as indicated in the corresponding chapters of this title;
7. A statement specifying the accuracy of the report and all assumptions made and relied upon;
8. A description of the methodologies used to conduct the critical areas study, including references; and
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9. Plans for adequate mitigation, as needed to offset any critical areas impacts, in accordance with the
mitigation plan requirements in ECDC 23.40.130.
E. Unless otherwise provided, a critical areas report may incorporate, be supplemented by or composed, in whole or
in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to
the development proposal site, as approved by the director. At the discretion of the director, reports previously
compiled or submitted as part of a proposal for development may be used as a critical areas report to the extent that
the requirements of this section and the report requirements for each specific critical area type are met.
F. Critical areas reports shall be considered valid for five years; after such date the city shall determine whether a
revision or additional assessment is necessary. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004].
Section 23.40.220 Allowed activities.
A. Critical Area Report. Activities allowed under this title shall have been reviewed and permitted or approved by
the city of Edmonds or other agency with jurisdiction, but do not require submittal of a critical area report, unless
such submittal was required previously for the underlying permit. The director may apply conditions to the
underlying permit or approval to ensure that the allowed activity is consistent with the provisions of this title to
protect critical areas.
B. Required Use of Best Management Practices. All allowed activities shall be conducted using the best
management practices that result in the least amount of impact to the critical areas. Best management practices shall
be used for tree and vegetation protection, construction management, erosion and sedimentation control, water
quality protection, and regulation of chemical applications. The city may observe or require independent inspection
of the use of best management practices to ensure that the activity does not result in degradation to the critical area.
Any incidental damage to, or alteration of, a critical area shall be restored, rehabilitated, or replaced at the
responsible parry's expense.
C. Allowed Activities. The following activities are allowed:
1. Permit Requests Subsequent to Previous Critical Areas Review. Development permits and approvals that
involve both discretionary land use approvals (such as subdivisions, rezones, or conditional use permits) and
construction approvals (such as building permits) if all of the following conditions have been met:
a. The provisions of this title have been previously addressed as part of another approval;
b. There have been no material changes in the potential impact to the critical area or buffer since the prior
review;
c. The permit or approval has not expired or, if no expiration date, no more than five years have elapsed
since the issuance of that permit or approval;
d. There is no new information available that is applicable to any critical area review of the site or
particular critical area; and
e. Compliance with any standards or conditions placed upon the prior permit or approval has been
achieved or secured;
2. Modification to Structures Existing Outside of Critical Areas and/or Buffers. Structural modification of,
addition to, or replacement of a legally constructed structure existing outside of a critical area or its buffer that
does not further alter or increase the impact to the critical area or buffer and there is no increased risk to life or
property as a result of the proposed modification or replacement;
3. Modifications to Existing Structures within Critical Areas and/or Buffers. Modification to a legally
constructed structure existing within a critical area or buffer shall be allowed when the modification:
a. Does not increase the footprint of the structure; and
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b. Does not increase the impact to the critical area or buffer; and
c. Does not increase risk to life or property as a result of the proposed modification or replacement.
Additions to legally constructed structures existing within a critical area or buffer that do increase the existing
footprint of development shall be subject to and permitted in accordance with the development standards of the
associated critical area type (see ECDC 23.50.040 and 23.90.040). This provision shall be interpreted to
supplement the provisions of the Edmonds Community Development Code relating to nonconforming
structures in order to permit the full reconstruction of a legal nonconforming building within its footprint;
4. Development Proposals within Interrupted Stream or Wetland Buffers. Adjacent areas that may be physically
separated from a stream or wetland due to existing, legally established structures or paved areas may be
exempted from the prescribed buffer widths if proven scientifically to be functionally isolated from the stream
or wetland. The director will require the applicant to provide a site assessment and functional analysis
documentation report by a qualified critical area consultant that demonstrates the interrupted buffer area is
functionally isolated. The director shall consider the hydrologic, geologic, and/or biological habitat connection
potential and the extent and permanence of the physical separation;
5. Activities within the Improved Right -of -Way. Replacement, modification, installation, or construction of
utility facilities, lines, pipes, mains, equipment, or appurtenances, when such facilities are located within the
improved portion of the public right-of-way or a city -authorized private roadway, except those activities that
alter a wetland or watercourse, such as culverts or bridges, or result in the transport of sediment or increased
storm wate stormwater;
6. Minor Utility Projects. Utility projects that have minor or short -duration impacts to critical areas, as
determined by the director in accordance with the criteria below, and which do not significantly impact the
function or values of a critical area(s); provided, that such projects are constructed with best management
practices and additional restoration measures are provided. Minor activities shall not result in the transport of
sediment or increased storm wate stormwater. Such allowed minor utility projects shall meet the following
criteria:
a. There is no practical alternative to the proposed activity with less impact on critical areas;
b. The activity involves the placement of utility pole(s), street sign(s), anchor(s), or vault(s) or other small
component(s) of a utility facility; and
c. The activity involves disturbance of an area less than 75 square feet;
7. Public and Private Pedestrian Trails. New public and private pedestrian trails subject to the following:
a. The trail surface shall be limited to pervious surfaces and meet all other requirements, including water
quality standards set forth in the current editions of the International Residential Code and International
Building Code, as adopted in ECDC Title 19;
b. Critical area and/or buffer widths shall be increased, where possible, equal to the width of the trail
corridor, including disturbed areas;
c. Trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that
does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report;
and
d. Trails located only in the outer 25 percent of critical areas buffers, and located to avoid removal of
significant trees. Where existing legally established development has reduced the width of the critical
areas buffer, trails may be placed in the outer 25 percent of the remaining critical area buffer. The trail
shall be no more than five feet in width and for pedestrian use only. Raised boardwalks utilizing
nontreated pilings may be acceptable.
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Allowances for trails within the inner 75 percent of critical areas buffers are provided within applicable
sections of Chapters 23.50 through 23.90 ECDC;
8. Select Vegetation Removal Activities. The following vegetation removal activities:
a. The removal of the following vegetation with hand labor and hand tools for the purpose of habitat
restoration when the area of work is under 1,500 square feet in area per year:
i. Invasive and noxious weeds;
ii. English ivy (Hedera helix);
iii. Himalayan blackberry (Rubus discolor, R. procerus);
iv. Evergreen blackberry (Rubus laciniatus);
v. Scot's broom (Cytisus scoparius); and
vi. Hedge and field bindweed (Convolvulus sepium and C. arvensis);
Removal of these invasive and noxious plant species shall be restricted to hand removal unless permits or
approval from the appropriate regulatory agencies have been obtained for approved biological or chemical
treatments or other removal techniques. All removed plant material shall be taken away from the site and
appropriately disposed of. Plants that appear on the Washington State Noxious Weed Control Board list of
noxious weeds must be handled and disposed of according to a noxious weed control plan appropriate to
that species.
For activities intended to protect or restore habitat in wetlands or fish and wildlife habitat conservation
areas, vegetation removal under this section may exceed the 1,500 square foot limitation if:
i. The activity is proposed and managed by a nonprofit or other organization, approved by the city, that
has demonstrated expertise and experience in the restoration or invasive removal activity; and
ii. The project sponsor provides a specific proposal identifying the scope and location of the project,
provides for project supervision, and includes a monitoring and inspection schedule acceptable to the
city and approved by the appropriate city department;
b. The removal of trees from critical areas and buffers that are hazardous, posing a threat to public safety,
or posing an imminent risk of damage to private property; provided, that:
i. The applicant submits a report from an ISA- or ASCA-certified arborist or registered landscape
architect that documents the hazard and provides a replanting schedule for the replacement trees;
ii. Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified
professional. Where pruning or crown thinning is not sufficient to address the hazard, trees should be
removed or converted to wildlife snags;
iii. All vegetation cut (tree stems, branches, etc.) shall be left within the critical area or buffer unless
removal is warranted due to the potential for disease or pest transmittal to other healthy vegetation or
unless removal is warranted to improve slope stability;
iv. The land owner shall replace any trees that are removed with new trees at a ratio of two
replacement trees for each tree removed (2:1) within one year in accordance with an approved
restoration plan. Replacement trees may be planted at a different, nearby location if it can be
determined that planting in the same location would create a new hazard or potentially damage the
critical area. Replacement trees shall be species that are native and indigenous to the site and a
minimum of one to two inches in diameter at breast height (dbh) for deciduous trees and a minimum of
six feet in height for evergreen trees as measured from the top of the root ball;
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v. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife biologist
shall be consulted to determine timing and methods of removal that will minimize impacts; and
vi. Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or
private property, or of serious environmental degradation may be removed or pruned by the land owner
prior to receiving written approval from the city; provided, that within 14 days following such action,
the land owner shall submit a restoration plan that demonstrates compliance with the provisions of this
title;
c. Measures to control a fire or halt the spread of disease or damaging insects consistent with the State
Forest Practices Act, Chapter 76.09 RCW; provided, that the removed vegetation shall be replaced in kind
or with similar native species within one year in accordance with an approved restoration plan;
d. Chemical Applications. The application of herbicides, pesticides, organic or mineral -derived fertilizers,
or other hazardous substances, if necessary, as approved by the city; provided, that their use shall be
restricted in accordance with State Department of Fish and Wildlife Management Recommendations and
the regulations of the State Department of Agriculture, the U.S. Environmental Protection Agency, and
Department of Ecology; and
e. Unless otherwise provided, or as a necessary part of an approved alteration, removal of any vegetation
or woody debris from a fish and wildlife habitat conservation area or wetland shall be prohibited;
9. Minor Site Investigative Work. Work necessary for land use submittals, such as surveys, soil logs,
percolation tests, and other related activities, where such activities do not require construction of new roads or
significant amounts of excavation. In every case, impacts to the critical area shall be minimized and disturbed
areas shall be immediately restored; and
10. Navigational Aids and Boundary Markers. Construction or modification of navigational aids and boundary
markers. [Ord. 4106 § 1, 2018; Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004].
Section 23.40.240 Unauthorized critical area alterations and enforcement.
A. When a critical area or its buffer has been altered in violation of this title or the provisions of Chapter 7.200 ECC,
all ongoing development work shall stop and the critical area shall be restored. The director shall have the authority
to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation, or
replacement measures at the owner's or other responsible party's expense to compensate for violation of the
provisions of this title. The director may also require an applicant or property owner to take immediate action to
ensure site stabilization and/or erosion control as needed.
B. Requirement for Restoration Plan. All development work shall remain stopped until a restoration plan is prepared
and approved by the director. Such a plan shall be prepared by a qualified professional using the best available
science and shall describe how the actions proposed meet the minimum requirements described in subsection (C) of
this section. The director shall, at the violator's expense, seek expert advice in determining the adequacy of the plan.
Inadequate plans shall be returned to the applicant or violator for revision and resubmittal.
C. Minimum Performance Standards for Restoration.
1. For alterations to frequently flooded areas, wetlands, and fish and wildlife habitat conservation areas, the
following minimum performance standards shall be met for the restoration of a critical area; provided, that if
the violator can demonstrate that greater functional and habitat values can be obtained, these standards may be
modified:
a. The historic structural and functional values shall be restored, including water quality and habitat
functions;
b. The historic soil types and configuration shall be replicated;
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c. The critical area and buffers shall be replanted with native vegetation that replicates the vegetation
historically found on the site in species types, sizes, and densities. The historic functions and values should
be replicated at the location of the alteration; and
d. Information demonstrating compliance with the requirements in ECDC 23.40.130, Mitigation plan
requirements, shall be submitted to the city planning division.
2. For alterations to flood and geological hazards, the following minimum performance standards shall be met
for the restoration of a critical area; provided, that if the violator can demonstrate that greater safety can be
obtained, these standards may be modified:
a. The hazard shall be reduced to a level equal to, or less than, the predevelopment hazard;
b. Any risk of personal injury resulting from the alteration shall be eliminated or minimized; and
c. The hazard area and buffers shall be replanted with native vegetation sufficient to minimize the hazard.
D. Site Investigations. The director is authorized to make site inspections and take such actions as are necessary to
enforce this title. The director shall present proper credentials and make a reasonable effort to contact any property
owner before entering onto private property.
E. Penalties. Any person, party, firm, corporation, or other legal entity convicted of violating any of the provisions
of this title shall be guilty of a misdemeanor and subject to penalties not to exceed a square footage cost of $3.00 per
square foot of impacted critical area and critical area buffer and/or a per tree penalty consistent with ECDC
23.10.100(C) 18.45.070(B) an (Q Any development carried out contrary to the provisions of this title shall
constitute a public nuisance and may be enjoined as provided by the statutes of the state of Washington. The city of
Edmonds may levy civil penalties against any person, party, firm, corporation, or other legal entity for violation of
any of the provisions of this title. The civil penalty shall be assessed as prescribed in ECDC 18.4 5.070 and
8.^�5.23.10.100(C). [Ord. 4026 § 1 (Att. A), 2016; Ord. 3828 § 2, 2010; Ord. 3527 § 2, 2004].
Section 23.50.040 Development standards — Wetlands.
A. Activities may only be permitted in a wetland buffer if the applicant can show that the proposed activity will not
degrade the functions and functional performance of the wetland and other critical areas.
B. Activities and uses shall be prohibited in wetlands and wetland buffers, except as provided for in this title.
C. Category I Wetlands. Activities and uses shall be prohibited from Category I wetlands, except as provided for in
the public agency and utility exception, reasonable use exception, and variance sections of this title.
D. Category II Wetlands. With respect to activities proposed in Category II wetlands, the following standards shall
apply:
1. Water -dependent activities may be allowed where there are no practicable alternatives that would have a less
adverse impact on the wetland, its buffers and other critical areas.
2. Where non -water -dependent activities are proposed, it shall be presumed that alternative locations are
available, and activities and uses shall be prohibited, unless the applicant demonstrates that:
a. The basic project purpose cannot be accomplished as proposed and successfully avoid, or result in less
adverse impact on, a wetland on another site or sites in the general region; and
b. All alternative designs of the project as proposed, such as a reduction in the size, scope, configuration,
or density of the project, would not avoid or result in less of an adverse impact on a wetland or its buffer.
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E. Category III and IV Wetlands. Activities and uses that result in unavoidable and necessary impacts may be
permitted in Category III and IV wetlands and associated buffers in accordance with an approved critical areas
report and mitigation plan.
F. Wetland Buffers.
1. Buffer Requirements. The following buffer widths have been established in accordance with the best
available science. They are based on the category of wetland and the habitat score as determined by a qualified
wetland professional using the Washington State Wetland Rating System for Western Washington: 2014
Update (Ecology Publication No. 14-06-029, or as revised and approved by Ecology). The adjacent land use
intensity is assumed to be high.
a. For wetlands that score six points or more for habitat function, the buffers in subsection (F)(1)(e) of this
section can be used if both of the following criteria are met:
i. A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland
and any other priority habitats as defined by the Washington State Department of Fish and Wildlife.
The corridor must be protected for the entire distance between the wetland and the priority habitat by
some type of legal protection such as a conservation easement.
Presence or absence of a nearby habitat must be confirmed by a qualified biologist. If no option for
providing a corridor is available, subsection (F)(1)(e) of this section may be used with the required
measures in subsection (F)(1)(f) of this section alone.
ii. The measures in subsection (F)(1)(f) of this section are implemented, where applicable, to minimize
the impacts of the adjacent land uses.
b. For wetlands that score three to five habitat points, only the measures in subsection (F)(1)(f) of this
section are required for the use of subsection (F)(1)(e) of this section.
c. If an applicant chooses not to apply the mitigation measures in subsection (17)(1)(f) of this section, or is
unable to provide a protected corridor where available, then subsection (17)(1)(g) of this section must be
used.
d. The buffer widths in subsections (17)(1)(e) and (17)(1)(g) of this section 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.
e. Wetland Buffer Requirements for Western Washington If Subsection (F)(1)(f) of This Section Is
Implemented and Corridor Provided.
Buffer Width (in Feet) Based on Habitat Score
Wetland Category
Habitat Score:
Habitat Score:
Habitat Score:
3-5
6-7
8-9
Category I:
75
110
225
Based on total score
Category I:
190
225
Bogs and wetlands of high
conservation value
Category I:
75
110
225
Forested
Category I:
225
Interdunal
(buffer width not based on habitat scores)
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Buffer Width (in Feet) Based on Habitat Score
Wetland Category
Habitat Score:
Habitat Score:
Habitat Score:
3-5
6-7
8-9
Category I:
150
Estuarine and coastal
(buffer width not based on habitat scores)
lagoons
Category II:
75
110
225
Based on score
Category II:
110
Interdunal wetlands
(buffer width not based on habitat scores)
Category II:
110
Estuarine and coastal
(buffer width not based on habitat scores)
lagoons
Category III (all)
60
110
225
Category IV (all)
40
f. Required Measures to Minimize Impacts to Wetlands (All Measures Are Required If Applicable to a
Specific Proposal).
Disturbance
Required Measures to Minimize Impacts
Lights
Direct lights away from wetland
Noise
Locate activity that generates noise away from wetland
If warranted, enhance existing buffer with native vegetation planting adjacent to noise source
For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy
industry or mining, establish an additional 10-foot heavily vegetated buffer strip immediately adjacent to the
outer 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
Sn--ow to Stormwater
Retrofit st Fm wate stormwater detention and treatment for roads and existing adjacent development
runoff
Prevent channelized flow from lawns that directly enters the buffer
Use low -intensity development techniques (for more information see stefm waterstormwater ordinance and
manual)
Change in water regime
Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns
Pets and human disturbance
Use privacy fencing or plant dense vegetation to delineate buffer edge and to discourage disturbance using
vegetation appropriate for the ecoregion
Place wetland and its buffer in a separate tract or protect with a conservation easement
Dust
Use best management practices to control dust
g. Wetland Buffer Requirements for Western Washington If Subsection (F)(1)(f) of This Section Is Not
Implemented or Corridor Not Provided.
Buffer Width (in Feet) Based on Habitat Score
Wetland Category
Habitat Score:
Habitat Score:
Habitat Score:
3-5
6-7
8-9
Category I:
t00
150
300
Based on total score
Category I:
250
300
Bogs and wetlands of high
conservation value
Category L•
100
150
300
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Buffer Width (in Feet) Based on Habitat Score
Wetland Category
Habitat Score:
Habitat Score:
Habitat Score:
3-5
6-7
8-9
Forested
Category I:
300
Interdunal
(buffer width not based on habitat scores)
Category I:
200
Estuarine and coastal
(buffer width not based on habitat scores)
lagoons
Category II:
100
150
300
Based on score
Category II:
150
Interdunal wetlands
(buffer width not based on habitat scores)
Category II:
150
Estuarine and coastal
(buffer width not based on habitat scores)
lagoons
Category III (all)
80
150
300
Category IV (all)
50
2. Increased Wetland Buffer Widths. The director shall require increased buffer widths in accordance with the
recommendations of an experienced, qualified professional wetland scientist and the best available science on a
case -by -case basis when a larger buffer is necessary to protect wetland functions and values based on site -
specific characteristics. This determination shall be based on one or more of the following criteria:
a. A larger buffer is needed to protect other critical areas;
b. The buffer or adjacent uplands has a slope greater than 15 percent or is susceptible to erosion and
standard erosion control measures will not prevent adverse impacts to the wetland;
c. The buffer area has minimal vegetative cover. In lieu of increasing the buffer width where existing
buffer vegetation is inadequate to protect the wetland functions and values, development and
implementation of a wetland buffer enhancement plan in accordance with this subsection (F)(3) may
substitute; or
d. The wetland and/or buffer is occupied by a federally listed threatened or endangered species, a bald
eagle nest, a great blue heron rookery, or a species of local importance; and it is determined by the director
that an increased buffer width is necessary to protect the species.
3. Measurement of Wetland Buffers. All buffers shall be measured from the wetland boundary as surveyed in
the field. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland
alterations shall be the same as the buffer required for the category of the created, restored, or enhanced
wetland.
4. Buffer Consistency. All mitigation sites shall have buffers consistent with the buffer requirements of this
chapter.
5. Buffer Maintenance. Except as otherwise specified or allowed in accordance with this title, wetland buffers
shall be retained in an undisturbed or enhanced condition. Removal of invasive nonnative weeds is required for
the duration of the mitigation bond.
G. Wetland Buffer Modifications and Uses.
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1. Where wetland or buffer alterations are permitted by the city of Edmonds, the applicant shall mitigate
impacts to achieve no net loss of wetland acreage and functions consistent with ECDC 23.50.050 and other
applicable provisions of this title.
2. At the discretion of the director, standard wetland buffers may be averaged or reduced when consistent with
all criteria in this subsection (G). Wetland buffer averaging with enhancement shall be preferred over wetland
buffer reduction with enhancement. Wetland buffer reduction shall only be approved by the director when
buffer averaging cannot be accomplished on site.
3. Wetland Buffer Width Averaging with Buffer Enhancement. The director may allow modification of a
standard wetland buffer width in accordance with an approved critical areas report and the best available
science on a case -by -case basis by averaging buffer widths. Any allowance for averaging buffer widths shall
only be granted concomitant to the development and implementation of a wetland buffer enhancement plan for
areas of buffer degradation. Only those portions of a wetland buffer existing within the project area or subject
parcel shall be considered the total standard buffer for buffer averaging. Averaging of buffer widths may only
be allowed where a qualified professional wetland scientist demonstrates that:
a. The buffer averaging and enhancement plan provides evidence that wetland functions and values will
be:
i. Increased or retained through plan implementation for those wetlands where existing buffer
vegetation is generally intact; or
ii. Increased through plan implementation for those wetlands where existing buffer vegetation is
inadequate to protect the functions and values of the wetland;
b. The 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 be adversely impacted by a narrower buffer in other places;
c. The total area contained in the buffer area, or the total buffer area existing on a subject parcel for
wetlands extending off site, after averaging is no less than that which would be contained within a
standard buffer; and
d. The buffer width at any single location is not reduced by more than 25 percent of the standard buffer
width.
4. Buffer Width Reductions through Buffer Enhancement. At the discretion of the director, and only when
buffer averaging cannot be accomplished on site, wetland buffer width reductions (or approval of standard
buffer widths for wetlands where existing buffer conditions require increased buffer widths) may be granted
concomitant to the development and implementation of a wetland buffer enhancement plan for Category III and
IV wetlands only. Approval of a wetland buffer enhancement plan shall, at the discretion of the director, allow
for wetland buffer width reductions by no more than 25 percent of the standard width; provided, that:
a. The plan provides evidence that wetland functions and values will be:
i. Increased or retained through plan implementation for those wetlands where existing buffer
vegetation is generally intact; or
ii. Increased through plan implementation for those wetlands where existing buffer vegetation is
inadequate to protect the functions and values of the wetland;
b. The plan documents existing native plant densities and provides for increases in buffer native plant
densities to no less than three feet on center for shrubs and eight feet on center for trees;
c. The plan requires monitoring and maintenance to ensure success in accordance with ECDC
23.40.130(D); and
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d. The plan specifically documents methodology and provides performance standards including but not
limited to:
i. Percent vegetative cover;
ii. Percent invasive species cover;
iii. Species richness; and
iv. Amount of large woody debris.
5. Buffer Uses. The following uses may be permitted within a wetland buffer in accordance with the review
procedures of this title; provided, they are not prohibited by any other applicable law and they are conducted in
a manner so as to minimize impacts to the buffer and adjacent wetland:
a. All activities allowed by ECDC 23.50.020, Allowed activities — Wetlands.
b. Conservation and Restoration Activities. Conservation or restoration activities aimed at protecting the
soil, water, vegetation, or wildlife.
c. Passive Recreation. Passive recreation facilities designed and in accordance with an approved critical
area report, including:
i. Walkways and trails; provided, that those pathways are generally constructed with a surface that
does not interfere with substrate permeability, are generally located only in the outer 25 percent of
wetland buffers, and are located to avoid removal of significant trees. Where existing legally
established development has reduced the width of the wetland buffer, trails may be placed in the outer
25 percent of the remaining wetland buffer. The trail shall be no more than five feet in width and for
pedestrian use only. Raised boardwalks utilizing nontreated pilings may be acceptable. The director
may allow trails within the inner 25 percent of wetland buffers when required to provide access to
wildlife viewing structures, fishing access areas, or connections to other trail facilities;
ii. Wildlife viewing structures; and
iii. Fishing access areas down to the water's edge that shall be no larger than six feet.
d. StormStormwater Management Facilities. Storm Stormwater management facilities,
limited to outfalls, pipes and conveyance systems, stefm wate stormwater dispersion outfalls and
bioswales, may be allowed within the outer 25 percent of a standard or modified buffer for Category III or
IV wetlands only; provided, that:
i. No other location is feasible; and
ii. The location and function of such facilities will not degrade the functions or values of the wetland.
iii. Stefm wate Stormwater management facilities are not allowed in buffers of Category I or II
wetlands.
iv. Projects shall also comply with all applicable requirements in Chapter 18.30 ECDC, Storm
Stormwater Management, including Minimum Requirement No. 8, Wetland Protection.
H. Signs and Fencing of Wetlands.
1. Temporary Markers. The outer perimeter of the wetland or buffer and the limits of those areas to be
disturbed pursuant to an approved permit or authorization shall be marked in the field in such a way as to
ensure that no unauthorized intrusion will occur and are subject to inspection by the director prior to the
commencement of permitted activities. The director may require the use of fencing to protect wetlands from
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disturbance and intrusion. Temporary marking shall be maintained throughout construction and shall not be
removed until permanent signs, if required, are in place.
2. Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the director
may require the applicant to install permanent signs along the boundary of a wetland or buffer.
a. Permanent signs shall be made of an enamel -coated metal face and attached to a metal post or another
nontreated material of equal durability. Signs must be posted at an interval of one per lot or every 50 feet,
whichever is less, and must be maintained by the property owner in perpetuity. The sign shall be worded
as follows or with alternative language approved by the director:
Protected Wetland Area
Do Not Disturb
Contact the City of Edmonds
Regarding Uses and Restrictions
b. The provisions of subsection (H)(2)(a) of this section may be modified as necessary to assure protection
of sensitive features or wildlife.
3. Permanent Fencing. Permanent fencing shall be required at the outer edge of the critical area buffer under the
following circumstances; provided, that the director may waive this requirement:
a. As part of any development proposal for single-family plats, single-family short plats, multifamily,
mixed use, and commercial development where the director determines that such fencing is necessary to
protect the functions of the critical area; provided, that breaks in permanent fencing may be allowed for
access to permitted buffer uses (subsection (G)(5) of this section);
b. As part of development proposals for parks where the adjacent proposed use is active recreation and the
director determines that such fencing is necessary to protect the functions of the critical area;
c. When buffer averaging is employed as part of a development proposal;
d. When buffer reductions are employed as part of a development proposal; or
e. At the director's discretion to protect the values and functions of a critical area
I. Additions to Structures Existing within Wetlands and/or Wetland Buffers.
1. Additions to legally constructed structures existing within wetlands or wetland buffers that increase the
footprint of development or impervious surfacing shall be permitted consistent with the development standards
of this section; provided, that a wetland and/or buffer enhancement plan is provided to mitigate for impacts
consistent with this title; and provided, that all impacts from temporary disturbances within the critical area
buffer shall be addressed through use of best management plans and buffer enhancement plantings during and
following construction of the allowed alteration. Provisions for standard wetland buffers, wetland buffer
averaging with enhancement, and buffer reductions with enhancement require applicants to locate such
additions in accordance with the following sequencing:
a. Outside of the standard wetland buffer;
b. Outside of a wetland buffer averaged (with enhancement) per subsection (G)(3) of this section;
c. Outside of a wetland buffer reduced (with enhancement) per subsection (G)(4) of this section;
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d. Outside of the inner 25 percent of the standard wetland buffer width with no more than 300 square feet
of structure addition footprint within the inner 50 percent of the standard wetland buffer width; provided,
that enhancement is provided at a minimum three -to -one (3: 1) ratio (enhancement -to -impact);
e. Outside of the inner 25 percent of the standard wetland buffer width with no more than 500 square feet
of new footprint within the inner 50 percent of the standard wetland buffer width; provided, that
enhancement is provided at a minimum five -to -one (5:1) ratio (enhancement -to -impact), and that storm
water stormwater low impact development (LID) techniques and other measures are included as part of the
wetland/buffer enhancement plan.
2. Where meeting wetland buffer enhancement requirements required by subsection (I)(1) of this section would
result in enhancement that is separated from the critical area due to uncommon property ownership, alternative
enhancement approaches may be approved by the director. Alternative approaches could include a vegetated
rain garden that receives storm runoff, replacement of existing impervious surfaces with pervious materials, or
other approaches that provide ecological benefits to the adjacent critical area.
3. Additions to legally constructed structures existing within wetlands or wetland buffers that cannot be
accommodated in accordance with the sequencing in subsection (I)(1) of this section (e.g., additions proposed
within a wetland or the inner 25 percent of a standard buffer width) may be permitted at the director's
discretion as a variance subject to review by the city hearing examiner and the provisions of ECDC 23.40.210.
J. Development Proposals within the Footprint of Existing Development. New development shall be allowed within
the footprint of existing development occurring within a wetland buffer; provided, that the following conditions are
met:
1. The footprint of existing development was legally established, and is consistent with the definition provided
in ECDC 23.40.005;
2. The proposed development within the footprint of existing development is sited as far away from the wetland
edge as is feasible;
3. As part of the development proposal, opportunities to reduce the footprint of existing development are
implemented where such reduction would increase the buffer width adjacent to the wetland and not represent
an undue burden given the scale of the proposed development;
4. The proposed development includes enhancement to the adjacent wetland and associated buffer in order to
improve functions degraded by previous development;
5. Enhancement is provided as wetland or buffer enhancement for an equivalent area of the footprint of the
newly proposed development within the footprint of existing development occurring in a wetland buffer, or
through an alternative approach approved by the director that restores degraded functions of the wetland and
remaining buffer; and
6. Impacts from temporary disturbances within the wetland buffer shall be addressed through use of best
management plans and buffer enhancement plantings during and following construction of the allowed
alteration.
K. Exemptions and Allowed Uses in Wetlands. The following wetlands may be exempt from the requirement to
avoid impacts (ECDC 23.40.120(B)(1)), and they may be filled if the impacts are fully mitigated based on the
remaining actions in ECDC 23.40.120(B)(2) through (6). If available, impacts should be mitigated through the
purchase of credits from an in -lieu fee program or mitigation bank, consistent with the terms and conditions of the
program or bank. In order to verify the following conditions, a critical area report for wetlands meeting the
requirements in ECDC 23.50.030 must be submitted:
1. All isolated Category IV wetlands less than 4,000 square feet that:
a. Are not associated with riparian areas or their buffers;
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b. Are not associated with shorelines of the state or their associated buffers;
c. Are not part of a wetland mosaic;
d. Do not score six or more points for habitat function based on the 2014 update to the Washington State
Wetland Rating System for Western Washington: 2014 Update (Ecology Publication No. 14-06-029, or as
revised and approved by Ecology); and
e. Do not contain a priority habitat or a priority area for a priority species identified by the Washington
Department of Fish and Wildlife, do not contain federally listed species or their critical habitat, or species
of local importance identified in Chapter 23.90 ECDC.
2. Wetlands less than 1,000 square feet that meet the above criteria and do not contain federally listed species
or their critical habitat are exempt from the buffer provisions contained in this chapter. [Ord. 4127 § 3, 2018;
Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004].
Section 23.80.040 Allowed activities — Geologically hazardous areas.
The following activities are allowed in geologically hazardous areas as consistent with ECDC 23.40.220, Allowed
activities, Chapter 19.10 ECDC, Building Permits — Earth Subsidence and Landslide Hazard Areas, and Chapter
18.30 ECDC, comer Stormwater Management, and do not require submission of a critical area report:
A. Erosion and Landslide Hazard Areas. Except for installation of fences and as otherwise provided for in this title,
only those activities approved and permitted consistent with an approved critical areas report in accordance with this
title shall be allowed in erosion or landslide hazard areas.
B. Seismic Hazard Areas. The following activities are allowed within seismic hazard areas:
1. Construction of new buildings with less than 2,500 square feet of floor area or roof area, whichever is
greater, and which are not residential structures or used as places of employment or public assembly;
2. Additions to existing single -story residences that are 250 square feet or less; and
3. Installation of fences. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004].
Section 23.80.070 Development standards — Specific hazards.
A. Erosion and Landslide Hazard Areas. Activities on sites containing erosion or landslide hazards shall meet the
requirements of ECDC 23.80.060, Development standards — General requirements, and the specific following
requirements:
1. Minimum Building Setback. The minimum setback shall be the distance required to ensure the proposed
structure will not be at risk from landslides for the life of the structure, considered to be 120 years, and will not
cause an increased risk of landslides taking place on or off the site. A setback shall be established from all
edges of landslide hazard areas. The size of the setback shall be determined by the director consistent with
recommendations provided in the geotechnical report to eliminate or minimize the risk of property damage,
death, or injury resulting from landslides caused in whole or part by the development, based upon review of
and concurrence with a critical areas report prepared by a qualified professional;
2. Buffer Requirements. A buffer may be established with specific requirements and limitations, including but
not limited to, drainage, grading, irrigation, and vegetation. Buffer requirements shall be determined by the
director consistent with recommendations provided in the geotechnical report to eliminate or minimize the risk
of property damage, death, or injury resulting from landslides caused in whole or part by activities within the
buffer area, based upon review of and concurrence with a critical areas report prepared by a qualified
professional;
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3. Alterations. Alterations of an erosion or landslide hazard area, minimum building setback and/or buffer may
only occur for activities for which a hazards analysis is submitted and certifies that:
a. The alteration will not increase surface water discharge or sedimentation to adjacent properties beyond
predevelopment conditions;
b. The alteration will not decrease slope stability on adjacent properties; and
c. Such alterations will not adversely impact other critical areas;
4. Design Standards within Erosion and Landslide Hazard Areas. Development within an erosion or landslide
hazard area and/or buffer shall be designed to meet the following basic requirements unless it can be
demonstrated that an alternative design that deviates from one or more of these standards provides greater long-
term slope stability while meeting all other provisions of this title. The requirement for long-term slope stability
shall exclude designs that require regular and periodic maintenance to maintain their level of function. The
basic development design standards are:
a. The proposed development shall not decrease the factor of safety for landslide occurrences below the
limits of 1.5 for static conditions and 1.2 for dynamic conditions. If stability at the proposed development
site is below these limits, the proposed development shall provide practicable approaches to reduce risk to
human safety and improve the factor of safety for landsliding. In no case shall the existing factor of safety
be reduced for the subject property or adjacent properties;
b. Structures and improvements shall be clustered to avoid geologically hazardous areas and other critical
areas;
c. Structures and improvements shall minimize alterations to the natural contour of the slope, and
foundations shall be tiered where possible to conform to existing topography;
d. Structures and improvements shall be located to preserve the most critical portion of the site and its
natural landforms and vegetation;
e. The proposed development shall not result in greater risk or a need for increased buffers on neighboring
properties;
f. The use of retaining walls that allow the maintenance of existing natural slope area is preferred over
graded artificial slopes; and
g. Development shall be designed to minimize impervious lot coverage;
5. Vegetation Retention. Unless otherwise provided or as part of an approved alteration, removal of vegetation
from an erosion or landslide hazard area or related buffer shall be prohibited;
6. Seasonal Restriction. Clearing shall be allowed only from May 1st to October 1st of each year; provided, that
the director may extend or shorten the dry season on a case -by -case basis depending on actual weather
conditions, except that timber harvest, not including brush clearing or stump removal, may be allowed pursuant
to an approved forest practice permit issued by the city of Edmonds or the Washington State Department of
Natural Resources;
7. Point Discharges. Point discharges from surface water facilities and roof drains onto or upstream from an
erosion or landslide hazard area shall be prohibited except as follows:
a. Conveyed via continuous storm pipe downslope to a point where there are no erosion hazard areas
downstream from the discharge;
b. Discharged at flow durations matching predeveloped conditions, with adequate energy dissipation, into
existing channels that previously conveyed storm wate stormwater runoff in the predeveloped state; or
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c. Dispersed discharge upslope of the steep slope onto a low -gradient, undisturbed buffer demonstrated to
be adequate to infiltrate all surface ands stormwater runoff, and where it can be demonstrated
that such discharge will not increase the saturation of the slope; and
8. Prohibited Development. On -site sewage disposal systems, including drain fields, shall be prohibited within
erosion and landslide hazard areas and related buffers.
B. Earth Subsidence and Landslide Hazard Area. In addition to the requirements of this chapter, development
proposals for lands located within the earth subsidence and landslide hazard area as indicated on the critical areas
inventory shall be subject to the provisions of Chapter 19.10 ECDC.
C. Seismic Hazard Areas. Activities proposed to be located in seismic hazard areas shall meet the standards of
ECDC 23.80.060, Development standards — General requirements. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2,
2004].
Section 23.90.040 Development standards — Specific habitats.
A. Endangered, Threatened, and Sensitive Species.
1. No development shall be allowed within a fish and wildlife habitat conservation area or buffer with which
state or federally endangered, threatened, or sensitive species have a primary association, except that which is
provided for by a management plan established by the Washington Department of Fish and Wildlife or
applicable state or federal agency.
2. Whenever activities are proposed adjacent to a fish and wildlife habitat conservation area with which state or
federally endangered, threatened, or sensitive species have a primary association, such area shall be protected
through the application of protection measures in accordance with a critical areas report prepared by a qualified
professional and approved by the director. Approval for alteration of land adjacent to the fish and wildlife
habitat conservation area or its buffer shall not occur prior to consultation with the Washington Department of
Fish and Wildlife for animal species, the Washington State Department of Natural Resources for plant species,
and other appropriate federal or state agencies.
3. Bald eagle habitat is subject to the Federal Bald and Golden Eagle Protection Act. Washington State bald
eagle protection rules (WAC 232-12-292) shall not be required as long as bald eagles are not listed as a state
endangered or threatened species.
B. Anadromous Fish.
1. All activities, uses, and alterations proposed to be located in water bodies used by anadromous fish or in
areas that affect such water bodies shall give special consideration to the preservation and enhancement of
anadromous fish habitat, including, but not limited to, adhering to the following standards:
a. Activities shall be timed to occur only during the allowable work window as designated by the
Washington Department of Fish and Wildlife for the applicable species;
b. An alternative alignment or location for the activity is not feasible;
c. The activity is designed so that it will not degrade the functions or values of the fish habitat or other
critical areas;
d. Shoreline erosion control measures shall be designed to use bioengineering methods or soft armoring
techniques, according to an approved critical areas report; and
e. Any impacts to the functions or values of the fish and wildlife habitat conservation area are mitigated in
accordance with an approved critical areas report.
ATTACHM Packet Pg. 180
7.7.c
2. Structures that prevent the migration of salmonids shall not be allowed in the portion of water bodies
currently or historically used by anadromous fish. Fish bypass facilities shall be provided that allow the
upstream migration of adult fish and shall prevent fry and juveniles migrating downstream from being trapped
or harmed.
3. Fills, when authorized, shall not adversely impact anadromous fish or their habitat or shall mitigate any
unavoidable impacts and shall only be allowed for a water -dependent use.
C. Retention of Vegetation on Subdividable, Undeveloped Parcels. As a provision of this title, the director shall
require retention of a minimum of 30 percent of native vegetation on undeveloped (or redeveloped), subdividable
lands zoned as RS-12 or RS-20 per Chapter 16.10 ECDC. This standard for development shall apply to all
undeveloped (or redeveloped), subdividable lands zoned RS-12 or RS-20 that contain a landslide hazard area as
defined by ECDC 23.80.020(B); a stream or stream buffer; or a wetland or wetland buffer, except for as provided in
subsection (C)(4) of this section. This provision for native vegetation retention will provide increased protection of
fish and wildlife habitat throughout the Edmonds jurisdiction, and shall be applied consistent with the following
criteria:
1. Achieving the minimum 30 percent retention requirement for native vegetation shall be determined by
assessing the existing site area that supports native vegetation. For purposes of this provision, areas that support
native vegetation shall include areas dominated by plant species which are indigenous to the Puget Sound
region, which reasonably could have been expected to naturally occur on the site, and within which native trees
over six inches in diameter at breast height (dbh) make up more than 40 percent of the canopy cover.
2. The goal of 30 percent native vegetation can be met through maintaining existing native vegetation,
establishing native vegetation, or a combination of both.
3. A vegetation management plan, subject to the approval of the director, is required for approval of the
proposed development.
4. For undeveloped (or redeveloped), subdividable lands zoned as RS-12 or RS-20 that currently do not support
any native vegetation areas meeting minimum requirements in subsection (C)(1) of this section, the director
may waive the requirements of this provision.
D. Streams. No alteration to a stream or stream buffer shall be permitted unless consistent with the provisions of this
title and the specific standards for development outlined below.
1. Standard Stream Buffer Widths. Buffers for streams shall be measured on each side of the stream, from the
ordinary high water mark. The following shall be the standard buffer widths for streams based upon the
Washington State Department of Natural Resources water typing system and further classification based upon
fish presence (fishbearing vs. nonfishbearing) for the Type F streams existing in the city of Edmonds:
a. Type S: 150 feet;
b. Type F anadromous fishbearing stream adjacent to reaches with anadromous fish access: 100 feet;
c. Type F anadromous fishbearing stream adjacent to reaches without anadromous fish access: 75 feet;
d. Type F nonanadromous fishbearing stream: 75 feet;
e. Type Np: 50 feet;
f. Type Ns: 40 feet.
General areas and stream reaches with access for anadromous fish are indicated on the city of Edmonds critical
areas inventory. The potential for anadromous fish access shall be confirmed in the field by a qualified
biologist as part of critical areas review and determination of standard stream buffer widths.
ATTACHM Packet Pg. 181
7.7.c
2. Reduced Stream Buffer Widths. Standard stream buffer widths may be reduced by no more than 25 percent
of the standard stream buffer width concomitant to development and implementation of a stream buffer
enhancement plan approved by the director. Reduced stream buffer widths shall only be approved by the
director if a stream buffer enhancement plan conclusively demonstrates that enhancement of the reduced buffer
area will not degrade the quantitative and qualitative functions and values of the buffer area in terms of fish and
stream protection and the provision of wildlife habitat. Stream buffer enhancement plans must meet the specific
requirements of ECDC 23.40.110, 23.40.120 and 23.40.130 and:
a. The buffer enhancement plan proposed as part of buffer reduction provides evidence that functions and
values in terms of stream and wildlife protections will be:
i. Increased or retained through plan implementation for those streams where existing buffer vegetation
is generally intact; or
ii. Increased through plan implementation for those streams where existing buffer vegetation is
inadequate to protect the functions and values of the stream;
b. The plan documents existing native plant densities and provides for increases in buffer native plant
densities to no less than three feet on center for shrubs and eight feet on center for trees;
c. The plan requires monitoring and maintenance to ensure success for a minimum of five years in
accordance with ECDC 23.40.130(D) and (E); and
d. The plan specifically documents methodology and provides performance standards for assessing
increases in stream buffer functioning as related to:
i. Water quality protection;
ii. Provision of wildlife habitat;
iii. Protection of anadromous fisheries;
iv. Enhancement of fish habitat; and
v. Restricting intrusion and disturbance.
3. Stream Buffer Width Averaging with Enhancement. The director may allow modification of a standard
stream buffer width in accordance with an approved critical areas report and the best available science on a
case -by -case basis by averaging buffer widths. Any allowance for averaging buffer widths shall only be granted
concomitant to the development and implementation of a buffer enhancement plan for areas of buffer
degradation. Only those portions of a stream buffer existing within the project area or subject parcel shall be
considered in the total buffer area for buffer averaging. Averaging of buffer widths may only be allowed where
a qualified professional demonstrates that:
a. The buffer enhancement plan proposed as part of buffer averaging provides evidence that functions and
values in terms of stream and wildlife protections will be:
i. Increased or retained through plan implementation for those streams where existing buffer vegetation
is generally intact; or
ii. Increased through plan implementation for those streams where existing buffer vegetation is
inadequate to protect the functions and values of the stream;
b. The total area contained in the buffer area, or the total buffer area existing on a subject parcel for a stream
extending off site, after averaging is no less than that which would be contained within the standard buffer; and
c. The buffer width at any single location is not reduced by more than 25 percent of standard width.
ATTACHM Packet Pg. 182
7.7.c
4. Additions to Structures Existing within Stream Buffers.
a. Additions to legally constructed structures existing within stream buffers that increase the footprint of
development or impervious surfacing shall be permitted consistent with the development standards of this
chapter (ECDC 23.90.030 and this section); provided, that a buffer enhancement plan is provided to
mitigate for impacts consistent with this title; and provided, that all impacts from temporary disturbances
within the critical area buffer shall be addressed through use of best management plans and buffer
enhancement plantings during and following construction of the allowed alteration. Provisions for
standard stream buffers, stream buffer averaging with enhancement, and buffer reductions through
enhancement require applicants to locate such additions in accordance with the following sequencing:
i. Outside of the standard stream buffer;
ii. Outside of a stream buffer averaged (with enhancement) per subsection (13)(3) of this section;
iii. Outside of a stream buffer reduced (with enhancement) per subsection (D)(2) of this section;
iv. Outside of the inner 25 percent of the standard stream buffer width with no more than 300 square
feet of structure addition footprint within the inner 50 percent of the standard stream buffer width;
provided, that enhancement is provided at a minimum three -to -one (3:1) ratio (enhancement -to -
impact); or
v. Outside of the inner 25 percent of the standard stream buffer width with no more than 500 square
feet of new footprint within the inner 50 percent of the standard stream buffer width; provided, that
enhancement is provided at a minimum five -to -one (5:1) ratio (enhancement -to -impact), and that s
water stormwater low impact development (LID) techniques or other measures that enhance existing
buffer condition are included as part of the stream buffer enhancement plan.
b. Where meeting stream buffer enhancement requirements required by subsection (13)(4)(a) of this
section would result in enhancement that is separated from the critical area due to uncommon property
ownership, alternative enhancement approaches may be approved by the director. Alternative approaches
could include a vegetated rain garden that receives storm runoff, replacement of existing impervious
surfaces with pervious materials, or other approaches that provide ecological benefits to the adjacent
critical area.
c. Additions to legally constructed structures existing within stream buffers that cannot be accommodated
in accordance with the above sequencing (i.e., additions proposed within the inner 25 percent of a standard
buffer width) may be permitted at the director's discretion as a variance subject to review by the city
hearing examiner and the provisions of ECDC 23.40.210.
5. Development Proposals within the Footprint of Existing Development. New development shall be allowed
within the footprint of existing development occurring within a stream buffer; provided, that the following
conditions are met:
a. The footprint of existing development was legally established, and is consistent with the definition
provided in ECDC 23.40.005;
b. The proposed development within the footprint of existing development is sited as far away from the
stream edge as is feasible;
c. As part of the development proposal, opportunities to reduce the footprint of existing development are
implemented where such reduction would increase the buffer width adjacent to the stream and not
represent an undue burden given the scale of the proposed development;
d. The proposed development includes enhancement to the adjacent remaining stream buffer in order to
improve functions degraded by previous development;
ATTACHM Packet Pg. 183
7.7.c
e. Enhancement is provided as buffer enhancement for an equivalent area of the footprint of the newly
proposed development within the footprint of existing development occurring in stream buffer, or through
an alternative approach approved by the director that restores degraded functions of the wetland and
remaining buffer; and
f. Impacts from temporary disturbances within the stream buffer shall be addressed through use of best
management plans and buffer enhancement plantings during and following construction of the allowed
alteration.
6. Stream Crossings. Stream crossings may be allowed only if all reasonable construction techniques and best
management practices are used to avoid disturbance to the stream bed or bank. Upon completion of
construction, the area affected shall be restored to an appropriate grade, replanted with native species and/or
otherwise protected according to a stream mitigation and buffer enhancement plan approved by the director,
and maintained and monitored per the requirements of ECDC 23.40.110, 23.40.120 and 23.40.130 and
providing for buffer enhancement in accordance with the requirements of subsection (D)(2) of this section. In
addition, the applicant must demonstrate that best management practices will be used during construction to
provide the following:
a. Fisheries protection, including no interference with fish migration or spawning;
b. All crossings shall be constructed during summer low flow periods and shall be timed to avoid stream
disturbance during periods when stream use is critical to sahnonids;
c. Crossings shall not occur over salmonid spawning areas unless no other possible crossing site exists;
d. Crossings and culverted portions of the stream shall be minimized to the extent feasible and serve
multiple purposes and multiple lots whenever possible;
e. Roads may cross streams only on previously approved rights -of -way, provided no practical alternative
exists and adequate provision is made to protect and/or enhance the stream through appropriate mitigation.
Roads shall be designed and located to conform to topography, and maintained to prevent erosion and
restriction of the natural movement of ground water as it affects the stream;
f. Roads and utilities shall be designed in conjunction to minimize the area of disturbance to the stream;
g. Roads shall be constructed so as to minimize adverse impacts on the hydrologic quality of the stream or
associated habitat to a degree acceptable to the city;
h. An alternative alignment or location with less impact is not feasible; and
i. The crossing will be designed as near as perpendicular with the water body as possible.
7. Trails. After reviewing the proposed development and technical reports, the director may determine that a
pedestrian -only trail may be allowed in a stream buffer; provided, pervious materials are used, all appropriate
provision is made to protect water quality, and all applicable permit requirements have been met. No motorized
vehicles shall be allowed within a stream or its buffer except as required for necessary maintenance or security.
Vegetative edges, structural barriers, signs or other measures must be provided wherever necessary to protect
streams by limiting vehicular access to designated public use or interpretive areas.
8. Steiqn Wa4e Stormwater Management Facilities. e Stormwater management facilities, limited to
outfalls, pipes and conveyance systems, stormwater dispersion outfalls and bioswales, may be
allowed within stream buffers; provided, that:
a. No other location is feasible;
b. Pipes and conveyance facilities will be in the outer 25 percent of the buffer;
ATTACHM Packet Pg. 184
7.7.c
c. Sterrrrwatce Stormwater dispersion outfalls, bioswales, and bioretention facilities may be allowed
anywhere within stream buffers;
d. Such facilities are designed consistent with requirements of Chapter 18.30 ECDC; and
e. The location and function of such facilities will not degrade the functions or values of the stream or
stream buffer.
9. City Discretion in Protection, Enhancement and Preservation of Streams. The city of Edmonds is unique
within the state of Washington as a built -out community with streams that have been incorporated within, and
often located immediately adjacent to, residential development. This title allows the director full discretion to
condition proposals for development on parcels containing, adjacent to, or potentially impacting streams to
enhance conditions consistent with ECDC 23.40.050 and the purposes and objectives of this title. Conditions
on development shall be required to enhance streams and stream buffers as fish and wildlife habitat
conservation areas to provide increased protection of anadromous fisheries and potential fish habitat in
accordance with best available science and the recommendations of an approved critical areas report and may
include:
a. Removal of stream bank armoring;
b. In -stream habitat modification;
c. Native planting;
d. Relocation of stream channel portions to create contiguous riparian corridors or wildlife habitat;
e. Planting of stream bank native vegetation to increase stream shading;
f. Removal and control of nonnative, invasive weed species;
g. Requiring additional building setbacks or modified buffers; and
h. Limiting or reducing the types or densities of particular uses.
The right of discretion in provisioning development in regard to streams is maintained in order to provide for
the creation of enhanced conditions over those currently existing around streams in the city of Edmonds. In all
instances where an applicant cannot demonstrate that standard stream buffer widths as provided in subsection
(D)(1) of this section can be accommodated by project development, the applicant shall be required to submit a
stream buffer enhancement plan or a stream mitigation and buffer enhancement plan as part of a critical areas
report indicating that post -project site conditions will provide equivalent or greater protection of stream
functions and fish habitat over a standard stream buffer and existing site conditions. [Ord. 4026 § 1 (Art. A),
2016; Ord. 3527 § 2, 2004].
ATTACHM Packet Pg. 185
Figure 23.90.000
CITY OF EDMONDS CRITICAL AREAS
Critical Areas Compliance Requirements'
Fish and Wildlik Habitat Conservation Areas
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7.7.c
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ATTACHM Packet Pg. 187
8.1
City Council Agenda Item
Meeting Date: 08/2/2023
Public Hearing on Draft Community Vision Statement for the Comprehensive Plan
Staff Lead: {Type Name of Staff Lead}
Department: Planning Division
Preparer: David Levitan
Background/History
The city revealed a draft of the community vision statement for the 2024 Comprehensive Plan Update -
known as "Everyone's Edmonds" - in November 2022. It was developed from community feedback
received over a 6-week period in the summer of 2022 that covered numerous topics, including
community identity, quality of life, economic growth, the environment, culture, and livability and land
use.
In October 2022 the City Council held two work sessions to discuss the visioning process, which saw the
collection of over 8,500 unique responses through a series of online and in -person surveys, small group
discussions and community events. Every piece of public input was analyzed and catalogued by theme
and commonly used words were counted and reviewed (see the word cloud and blue highlighted
sections in the attached "Process" summary), resulting in a draft community vision statement that aims
to reflect the most common values and priorities of a diverse group of community stakeholders.
The following statement is intended to provide a forward -looking vision that provides the foundation for
the comprehensive plan update, as opposed to a standalone vision statement for the city.
Draft Community Vision Statement:
"Edmonds is a welcoming city offering outstanding quality of life for all. We value environmental
stewardship, vibrant and diverse neighborhoods, safe and healthy streets, and a thriving arts scene.
We are engaged residents who take pride in shaping our resilient future."
Staff has received questions from Council on the use of specific terms in the draft vision statement,
including a recent inquiry from CM Olson on the phrase "safe and healthy streets". As noted above, staff
and its consultant team reviewed the thousands of individual comments, with topics such as street
safety, walkability, a disconnected bike system, and a lack of green and sustainable infrastructure
commonly heard sentiments. The term "safe" reflects the desire for better designed transportation
infrastructure for all users, especially children, while "healthy" covers the desire to green our streets
through landscaping and stormwater infiltration, while also encouraging health activities, such as
walking and biking.
In March 2023, the city solicited community feedback on the draft vision statement via a one -question
yes/no survey, which asked respondents to weigh in on whether the draft vision statement "hit the
mark". A small majority of residents indicated their support for the draft vision statement.
Packet Pg. 188
8.1
In July 2023, the Survey Raw Data, a Survey Summary Report (attached) and results of the March
Community Feedback survey (attached) were uploaded to the Comp Plan Update website. This data is
accessible at edmondswa.gov via the following menu path: City of Edmonds,
WA/Government/Departments/Planning and Development/Planning Division/2024 Comprehensive Plan
Update. It is also included as a weblink.
Staff Recommendation
Hold the public hearing and take public comments on the draft community vision statement as part of
the next phase of Comprehensive Plan public outreach. The draft vision statement will not be finalized
until the comprehensive plan is adopted sometime before December 31, 2024.
Narrative
Before the Council takes public testimony, Council President Neil Tibbott and Planning and Development
Director Susan McLaughlin will review the process and next steps for the community vision statement,
including:
1. What has been done to date?
2. Where are we now?
3. What comes next?
As the Council considers public feedback on the draft vision statement, it will be important to consider
the following:
The draft vision statement was developed based on a detailed analysis of thousands of
individual public comments, so any proposed refinements based on a limited subset of public
feedback should respect the scope of previous public input.
The draft community vision statement is intended to be an indicator of community values and a
sounding board to ensure that updated comprehensive plan goals and policies are in alignment
with these values.
There will be numerous community engagement opportunities to provide more detailed policy -
level feedback on individual topics not covered by the community vision statement, and staff
will be able to utilize previous visioning feedback as part of the policy development process.
With the city's consultant team now under contract, city staff will be embarking on additional rounds of
community engagement in advance of the development of the updated comprehensive plan. On August
2, the city intends to issue a scoping notice for the plan's Environmental Impact Statement (EIS), which
will solicit public input on 1) potentially significant environmental impacts associated with future growth
and 2) different alternatives for accommodating said growth (approximately 13,000 additional residents
and 3,000 additional jobs) by the year 2044.
Between August 2 (the draft vision statement public hearing) and September 9 (Porchfest), community
input will be solicited via the project website, emails, and a series of community events to be held
throughout the city. More information on those meetings dates will be provided as they are finalized
and shared via multiple formats and venues.
Attachments:
Edmonds Visioning Survey Summary
March 2023 Draft Vision Statement Feedback
Packet Pg. 189
8.1
Overview of Process to Develop Draft Vision Statement
Everyone's Edmonds 2024 Comprehensive Plan Update
Packet Pg. 190
8.1.a
CITY OF EDMONDS COMP PLAN VISION
"Everyone's Edmonds" Public Survey Overview
10/10/2022
In preparation for the update to the City of Edmonds Comprehensive Plan, city staff sought to gather
public input from across the city. The City of Edmonds staff distributed surveys across the city to gather
insight on people's current experiences and ideas for the future of Edmonds to see where the upcoming
Comprehensive Plan update should focus. Surveys were promoted online and posters with a QR Code
were hung throughout the city at key gathering spaces. Surveys were available through Survey Monkey
using a combination of multiple choice and short answer questions. In -person outreach was conducted
at events and meetings using a written survey form. A full list of questions and a workbook of all survey
questions is available to view individual responses. Key themes from each of the surveys are described
below by topic.
Process
Six mini surveys, each focusing on different topics, gathered respondents' insight, aspirations, and
concerns for the City of Edmonds' future. The topics referred to: identity, quality of life, economic
growth, environment, culture, and livability and land use. Each survey had two to four questions that
included both qualitative (open ended, written response) and quantitative (multiple choice) input. Mini
surveys were time limited and available to the public for one week at a time. At the conclusion of each
week a full, combined survey was offered while a new mini survey on the next topic became available.
This City staff chosen strategy aimed to increase engagement and make posters advertising the mini
surveys evergreen.
TopicsSurvey
Week 1 Identity <jump to section>
.. .
135
Week 2 Quality of Life <jump to section>
120
Week 3 Economic Growth dump to section>
50
Week 4 Environment <jump to section>
75
Week 5 Culture <jump to section>
54
Week 6 Livability and Land Use dump to section>
104
Full survey
536
Events and conversations (written) dump to section>
410
Tally
1584
Input from surveys with open-ended response questions were categorized, as much as possible, into
eight key themes which were chosen for compatibility with the Comprehensive Plan focus areas as
defined by the Edmonds planning team. Some surveys have additional subcategories to capture the full
breadth of information. Overarching themes are:
- Community Culture and Urban Design
- Community Sustainability
- Economic Development
- Housing
- Land Use
Packet Pg. 191
8.1.a
Parks & Recreation and Open Spaces
- Transportation
Unknown (other)
Participation by neighborhood
Neighborhood identifiers were offered for online survey along with an "Other" category with the option
to write in a neighborhood not listed. A majority of respondents to online surveys selected the
neighborhood location of Downtown Edmonds "the "Bowl" (375) followed by Westgate (105) and
Seaview (85). 101 respondents selected other, with a strong presence from Maplewood.
The following table does not include locations of respondents from 'live" conversations written comments
Downtown Edmonds
(the "Bowl")
Week
50
Week
47
Week
18
Week
I
38
Week
5
14
Week
6
30
Full
Survey
177
Tally
374
Esperance
(unincorporated
county)
3
2
0
0
1
5
21
32
Firdale
6
2
0
2
1
5
10
26
Five Corners
12
11
2
5
8
8
29
75
Highway 99
6
3
3
1
2
5
12
32
Lake Ballinger
3
3
2
3
1
3
14
29
Meadowdale
2
3
1
1
1
3
14
25
Perrinville
7
4
1
3
1
4
20
40
Pine Ridge
5
7
3
2
4
4
15
40
Seaview
7
11
6
6
5
11
39
85
Sherwood Forest
2
3
2
1
2
3
10
23
Talbot Park
0
2
2
1
1
1
2
9
Town of Woodway
1
0
0
0
0
2
0
3
Maplewood
Not
optioned
Not
optioned
Not
optioned
Not
optioned
Not
optioned
Not
optioned
0
0
Westgate
17
9
5
4
5
12
53
105
1 do not live in
Edmonds
0
1
0
0
0
0
7
8
Other
14
12
5
8
8
8
46
101
No answer
67
Tally (no "live"
comments)
135
120
50
75
54
104
536
1074
Locations identified in the "other" comments include Emerald Hills, Gateway/99&104, Lynwood, Madrona,
Maplewood, Macrons, North of Woodway, Olympic between Main and Caspers, Point Edwards, Richmond Beach,
South side, south near Woodway Yost Park, University Colony, Uptown, West of WINCO, 238th & Edmonds Way,
240th/104 South Edmonds.
Packet Pg. 192
8.1.a
Week 1 Identity: What does Edmonds mean to you?
Q1: What do you love about Edmonds?
Key themes
- Edmonds has a walkable "small town charm" with access to waterfront and nature, pretty
views, and quiet neighborhoods with trees where children can play.
- Respondents commented positively on the recreation available in Edmonds and its walkability,
especially in the downtown core.
- Respondents commented on the value of the small businesses of Edmonds, especially the feel of
a historic small town with a bustling center, local shops, restaurants and a thriving arts and
culture scene.
Q2: How would you like to see your values reflected in Edmonds?
Key themes
- Community Sustainability was a large category with comments highlighting both environmental
sustainability and community health.
o Environmental sustainability focused on environmental protection and climate change
of which respondents mentioned the importance of restoring and maintaining habitat,
protecting the watershed and marine life, reduced impact of land development, and an
increased tree canopy
o Community Health reflected some respondents' desires to see more diversity of people,
community non -profits supported, law enforcement protected, volunteerism fostered,
and members of the unhoused community supported. Others expressed the desire to
keep Edmonds the same as it is with no change.
- Respondents commented on the economic and governmental future of the City and made
specific remarks regarding the City's management of infrastructure funds (police, fire,
emergency services, social service) and accountability to businesses.
- There were disparate comments regarding the development of Edmonds: many respondents
opposed high -density and high-rise buildings in favor of land preservation and small-scale
neighborhood buildings. Affordable housing for all income levels was a recurring comment.
- Many responses support better connectivity of neighborhoods through public transportation,
bike lanes, and sidewalks.
- Multiple commenters include encouragement to create opportunities for a more equitable,
inclusive, welcoming, and culturally diverse city. This includes requests for more community
events, increased social services, and support for small businesses outside of the "Bowl".
Packet Pg. 193
8.1.a
Week 2 Quality of life: Why do you live or play in Edmonds?
Q1- What do you like about living in Edmonds? Select all that apply.
120 respondents (mini survey), 509 respondents full survey
500
400
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Key themes
Within the option of "other", comments included appreciation of the arts and culture scene, symphony,
and library, proximity and access to natural resources and environment, parks and trails, walkability and
cleanliness, events and farmers markets, infrastructure (public utilities and police, emergency services),
and a sense of community. Access to natural resources and beauty were the most frequent comments
along with Edmonds' proximity to a large metropolitan area, Seattle, while still having a "small town"
feel.
Q2: Is there anything you don't like about Edmonds?
Key themes
1. Transportation and walkability - Many comments referred to Edmonds being car -centric, a lack
of sidewalks, and the need for improved walkability/bike-ability along with more transit options.
Street safety and its implications for the safety of pedestrians and cyclists was mentioned often.
Additionally, respondents talked about the need for better public transportation, specifically if
you are not a Seattle 9-5 commuter. The subcategory "automotive" was used to group recurring
themes of speeding, traffic, and parking.
a. Motorists that speed make roadways dangerous for drivers and non -drivers
b. There is not enough parking in some neighborhoods, while there is too much parking in
certain neighborhoods making them unwalkable. Parking needs to be assessed
specifically by neighborhood needs.
Packet Pg. 194
8.1.a
c. Navigating traffic is difficult and seems to begetting worse, and the ferry traffic often
exacerbates the current conditions.
2. Government -There is an overall expression that local government does not equitably distribute
funding and there is not enough investment in areas outside of "the Bowl". Comments included
opinions that there is a lack of governmental transparency and accountability, problematic lack
of agreement within government, and that only select, privileged communities are listened to.
3. Many respondents acknowledged that the lack of diversity in Edmonds was an issue, while
others expressed resistance to change.
4. There is a mixed response to the Land Capacity of Edmonds, with some respondents saying that
increased density is something they dislike, and some saying there is not enough housing.
5. The impact of urbanism on environment was expressed with concerns about trees (lack of, care
of existing, trees too big and blocking views) and preservation and restoration of marshland.
Access to pools is mentioned frequently as related to both recreation and increasing climate
temperatures.
6. Many respondents expressed that housing is not affordable for low- and middle -income
households, young families, singles, and seniors. Some responders are concerned that there will
be fewer single-family homes built and an increasing focus on condos that disrupts the small-
town atmosphere.
7. Comments included concern about the increasing number of people who are unhoused.
8. Increased cost of living as a whole and specifically increased rents for commercial business that
make it difficult for small business owners was a concern. Recurring comments on the condition
of the Highway 99 area and the need for investment in this vital commercial corridor were
prominent.
9. Concerns were expressed about recent increases of crime.
Q3: How long have you lived in Edmonds? 120 respondents mini survey, 509 respondents full survey
Residency in years
120
100
80
60
40
20
0
1
Less than 1 1-2 3-5 6 - 10 11 - 15 16 - 25 26 - 35 36 - 50 More than I do not live
50 in Edmonds
Packet Pg. 195
8.1.a
Week 3: Help us plan Edmonds' economic future!
Q1: What kind of businesses (goods and services) do you travel outside the city for?
Key themes
1. Lynwood and University Village are destinations for shopping. Specific mentions of retailers
included Alderwood Mall, Central Market, Costco, Fred Meyer, Home Depot, JoAnn's Fabrics,
Lowe's, Macy's, Nordstrom, Office Depot, REI, Target, Trader Joe's, and Whole Foods.
2. Respondents expressed the sentiment that big -box and large retail stores are not needed in
Edmonds — it's ok to travel for some things.
Goods and services sought outside of the city
160
140
120
100
80
60
40
20
0
,
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"General Purposes" is the most common category for goods and services sought outside the city. Within
that category, the following are notable comments:
• Air travel
• Community: religious centers and houses of worship, cultural connection, LGBTQIA+
• Daycare/nursery
• Education — STEM, tutoring
• Ethnic grocers, and household goods
• Entertainment — music performances, theater, museums, theaters, sporting events, kid's
entertainment
• Parks, athletics, pools, gyms, sports leagues, dance class
• Auto service, tires
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Packet Pg. 196
8.1.a
• Library, books
• Major purchases — household furnishings, electronics, appliances, vehicles
• Salon: hair, nails, massage
• Sporting and camping goods, craft supplies, specialty hobby supplies, cycling supplies and repair
• Restaurants — ethnic, vegan, sushi, fine dining
• Veterinarian / pet care
Q2: Do you work in Edmonds? 50 respondents mini survey, 477 respondents full survey
400
350
300
250
200
150
100
50
0
yes
no
Q21b: If you don't work in Edmonds, what kind of work do you leave the city for?
Employment sought outside of the city
140
120
100
80
60 -
40 -
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Packet Pg. 197
8.1.a
Key themes
Many respondents to the question of employment location do not work in Edmonds with almost half of
non -employed respondents citing "retired". Neighborhoods largely represented by retirees include
Downtown Edmonds (the "Bowl"), Seaview, Five Corners, and Westgate.
The following categories have notable subcategories:
• Education: schoolteacher, professor, education support staff, library
• Healthcare: physician, nursing, tech, speech therapist, research, dentist, radiology/imaging
• Office management and administration: administrative, analyst, corporate, environment,
general office work, human resources, real estate, non-profit, management, program
management, wealth management, urban planner
• Other / general: art, retail, restaurant/food service/bar
• Tech: bio, digital, mechanical, medical, research, science, software
Packet Pg. 198
8.1.a
Week 4: Environment: What can we do to reduce Edmonds'
environmental impact?
Within the topic of Environment, subcategories included:
- Affordable Housing
- Automotive
- Bicycling
- Climate Change - Global warming, heat, wildfires, air quality
- City Revenues - Equitable investments in community, the City's control of environmental plans,
natural disaster preparedness
- Green Space - tree coverage
- Land Capacity - Overpopulation, population density, unsustainable development, development
in general, zoning, density in general
- Open Space - untouched land
- Other — no answer, nothing of concern, or an answer that did not align with other categories
- Parks
- Public Transportation
- Renewable Infrastructure - Carbon footprints, renewable energy, greenhouse gas emissions,
compost, recycling, EVs
- Vegetation and Wildlife
- Water Protection - Clean water supply, rising sea levels, natural resource protection, pollution
and contamination, stormwater runoff, Puget Sound health, Edmonds Marsh
Q1: Which of these four proposed priorities of the Edmonds Climate Action Plan should the City put
the most resources toward? (rank in order of importance from one to four, with the most important
being one) 75 respondents mini survey, 486 respondents full survey
3.5
3
2.5
2
1.5
1
0.5
0
Rank 1 - 4
Buildings and energy Transportation Environment Lifestyles and
consumption
Packet Pg. 199
8.1.a
Key themes
Environment has the highest ranking with an average of 2.8, followed closely by buildings and energy
with an average ranking of 2.6
Q2 What are you most concerned about when it comes to the environmental future of Edmonds?
Key themes
1. The category of "Water Protection" was the most common theme, embodying the community's
concern over rising sea levels, protection of local streams and water sources, and pollution of
watersheds from littering and untreated stormwater runoff. A common note among those citing
water as a primary concern was the Edmonds Marsh and the desire to see it returned to a
healthy estuary.
2. Another highly common theme was "Green Space," and reference to Edmonds' tree canopy.
Many respondents expressed disappointment to see trees cut down in favor of development
and want to see trees planted or replaced. It is important to note comments from other
surveys include "right tree, right place" thinking (trees that -are too large for the space or block
viewsheds.)
3. In the category of "Land Capacity" population density is a leading theme. There are divergent
opinions over whether density is a solution or a problem. Most commonly, respondents
considered increased density in zoning, population, and development to be harmful to the
environment, often naming increased cars, traffic, and climate refugees as an outcome. Others
saw density as a solution, citing the opportunity for more walkable communities and sustainable
buildings as an outcome.
Packet Pg. 200
8.1.a
Week S Culture: Help us better understand Edmonds' diversity!
Q1: Do you feel like your ethnicity and culture are represented in Edmonds? What ethnicity(s) and
culture(s) would you like to see better represented in Edmonds
Key themes
Many responses were left blank, but for those that responded, most common answer was yes,
their culture is represented. Of those yeses that provided further detail, a large majority
respondent group self -identified as white.
The category "Needs more" was included to highlight those who did not self -identify themselves
as feeling represented/not represented, and only commented on which cultures they think need
better representation and how. Of those, "all non -white cultures" were named the most, and
the second highest identified were Indigenous/Native American cultures.
A significant number of respondents declined to answer the question, commenting that the
question is divisive and/or that the government should not be asking.
Q2: What can the City do to better celebrate diverse cultures?
Key themes
Respondents requested that the City thoughtfully partner with ethnic and cultural minority
communities to host more events that honor holidays that aren't in the white dominant culture
and to think of creative ways to honor cultural presence through events, fairs, festivals, public
artwork, signage, programs for youth, and cultural centers.
The "City revenues" category related to various government structure solutions that the City
could take on to address diversity, such as improving hiring practices, increasing diverse
representation in elected or appointed positions, supporting small businesses, installing
streetscape design that acknowledges culture, heritage, and language, and developing
partnerships with community- based organizations.
Packet Pg. 201
8.1.a
Week 6 Livability and Land Use: What should Edmonds offer the next
generation?
Q1: What types of housing could you see fitting into your neighborhood? Select all that apply. 104
respondents mini survey, 467 respondents full survey
Housing
500
450
400
350
300
250
200
150 —
1000
n
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Key themes
Single family homes is the most frequently selected category for desired housing followed by interest in
accessory dwelling units, multigenerational homes, and townhouses. Of the selected preference for
single family homes, about half of the responses (211 of 436) were from residents in Downtown
Edmonds (the "Bowl").
Comments in "other" included thoughts on building style appropriateness for specific neighborhoods,
concerns on environmental impact and tree canopy, ability to accommodate parking, regulation of
vacation rental housing (AirBnB) and concerns that existing road size could not accommodate more
residents or traffic.
Preferences trend toward two themes 1) single family, low -density, low-rise and 2) affordability for
young adults, singles, and people down -sizing.
respondentLocation of
Downtown Edmonds (the "Bowl")
211
Esperance(unincorporated county)
16
Firdale
10
Packet Pg. 202
8.1.a
Five Corners
29
Highway 99
9
Lake Ballinger
11
Meadowdale
12
Perrinville
18
Pine Ridge
15
Seaview
43
Sherwood Forest
6
Talbot Park
3
Town of Woodway
2
Maplewood
Not
optioned
Westgate
50
Q: 2 What type of businesses, services, community features and public spaces would you like to see in
your neighborhood? Select all that apply. 104 respondents (mini survey) 478 respondents full survey
Livability
450
400
350
300
250
200
150
1000 I '
n
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Key themes
The most selected category for businesses, services, community features and public spaces that people
would like to see in their neighborhoods are walking/biking trails followed by more parks, more small
restaurants/bars/coffee shops, and greener streets.
Packet Pg. 203
8.1.a
Q3. What else could improve your neighborhood?
Key themes
1. Walkability including more sidewalks and maintenance/repair of existing sidewalks, lighting,
crosswalks for people using assisted mobility devices, strollers, and for dog walkers.
2. Road maintenance and road safety. Traffic calming measures and safer roadways to reduce
speeding, increase pedestrian and cyclist safety, including noise reduction and traffic alleviation
3. More public space or the improvement of existing public space. Maintaining a healthy tree
canopy, more green space throughout public spaces, spaces for families with young children,
walking trails, parks, and indoor gathering spaces.
4. Keep a local, small-town atmosphere.
Packet Pg. 204
8.1.a
Written responses
Key themes by category:
1) Transportation
a. Public Transportation: People want more public transportation options with easy access and
fewer connections.
b. Automotive: Attitudes diverge regarding parking - some think more public parking should be
provided and others want less. Traffic safety and ferry traffic congestion are concerns.
Walking: People want more and better sidewalks, and an increase in pedestrian connectivity
especially in the Highway 99 Corridor.
Bicycling: People want more and safer bike lanes/routes.
2) Land Use
a. Land Capacity Summary: Opinions diverge between wanting more density, and those who
want to see Edmonds' zoning and land use stay the same, especially in the "Bowl" and
79071,71179
b. Housing Summary: A large number of respondents indicated interest in Middle Housing
options (infill in Single Family zones) as housing is becoming increasingly more unaffordable.
Many people expressed that younger people and people with low and middle incomes
cannot afford to live in the City.
3) Community Sustainability
a. Community Health: People expressed appreciation of public engagement and the sense of
community they feel as a part of Edmonds. Most feel like Edmonds is safe but have concerns
about people who are experiencing homelessness (unhoused).
b. Environmental Protection: People want to preserve and increase tree canopy and protect
beaches and marshland.
4) Parks and Recreation and Open Space: People are interested in more amenities for dog owners,
continued investment on the waterfront and beach, and overall resources for marshland, fishing,
boating, parks, and playgrounds. More transportation access to parks was mentioned frequently.
5) Community Culture and Urban Design
a. Arts and Culture: People acknowledged the vibrant arts community and strong downtown
restaurant culture. People expressed a desire for more diversity in the arts, including youth
involvement, indigenous people's involvement, and access to art outside the "Bowl".
b. Urban Design: People love the design of Downtown Edmonds and want to preserve the
"small town feel" that street frontages and low building heights provide.
6) Diversity Summary: Respondents expressed that the City of Edmonds is not celebrating diversity as
much as it could - some demographics are overlooked, especially younger families. Many people
also perceive a lack of representation for residents who live outside the "Bowl' and an overall lack
of connectivity to the cultural diversity of the Hwy 99 corridor.
7) Economic Development: Respondents expressed that there is a lot of focus on restaurants and
places that are already highly invested in, and there is concern about commercial rents being too
high, leading to fear that commercial space may disappear as traditional brick -and -mortar
businesses change.
Packet Pg. 205
8.1.a
Key takeaways
Recurring themes expressed in all six surveys include:
1. Maintain the City of Edmonds' small-town atmosphere
2. Assess building style per neighborhood, include affordable housing for middle income
households
3. Increase diversity and engage people outside of Downtown Edmonds ("the Bowl")
4. Maintain and restore the environment, specifically trees and marshland
5. Increase walkability and access to public transit
Packet Pg. 206
Draft Comprehensive Plan Vision Statement
Q1 The following draft Comprehensive Plan vision statement was inspired
by what we heard from the community during the summer 2022 visioning
process: "Edmonds is a welcoming city offering outstanding quality of life
for all. We value environmental stewardship, vibrant and diverse
neighborhoods, safe and healthy streets, and a thriving arts scene. We are
engaged residents who take pride in shaping our resilient future."Does this
vision statement hit the mark?
ANSWER CHOICES
Yes
No
TOTAL
Answered:152 Skipped:0
Yes
No &M
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
RESPONSES
50.66%
49.34%
77
75
152
1 / 1 Packet Pg. 207
Respondent ID
Collector ID
Start
Date
End
Date
—:11P Address
Response
118266361335
449583548
2023-03-1217:04:10
2023-03-1217:04:21
104.28.123.48
No
118267034502
449583548
2023-03-1310:20:14
2023-03-1310:20:24
134.121.19.19
No
118267245296
449583548
2023-03-1313:40:25
2023-03-1313:40:30
138.199.43.86
Yes
118292685694
450670016
2023-04-1212:15:46
2023-04-1212:16:03
166.198.252.116
No
118273768542
449583548
2023-03-20
23:04:07
2023-03-20
23:05:01
166.198.34.109
No
118292873856
450670016
2023-04-1216:47:43
2023-04-1216:48:08
168.156.251.64
Yes
118292698051
450670016
2023-04-1212:29:39
2023-04-1212:30:18
172.56.104.210
No
118265889304
449583548
2023-03-1114:47:29
2023-03-1114:47:35
172.56.105.113
No
118267259232
449583548
2023-03-1313:55:14
2023-03-1313:55:39
172.56.105.165
Yes
118274549343
449583548
2023-03-2113:55:13
2023-03-2113:55:52
172.56.105.185
Yes
118261088549
449583548
2023-03-0614:43:13
2023-03-0614:43:56
172.56.105.194
Yes
118265327205
449583548
2023-03-1015:05:26
2023-03-1015:05:35
172.56.105.201
Yes
118292648565
450670016
2023-04-1211:35:21
2023-04-1211:35:33
172.56.105.74
No
118295788654
450670016
2023-04-1618:21:08
2023-04-1618:21:21
172.56.105.94
No
118292696959
450670016
2023-04-1212:28:41
2023-04-1212:28:58
172.56.169.116
Yes
118265839807
449583548
2023-03-1112:04:44
2023-03-1112:05:07
172.58.23.91
No
118282535930
449583548
2023-03-30
07:39:02
2023-03-30
07:39:49
172.58.47.44
Yes
118292637036
450670016
2023-04-1211:22:43
2023-04-1211:23:14
173.160.239.249
No
118292639610
450670016
2023-04-1211:25:27
2023-04-1211:26:07
174.164.101.69
No
118265300158
449583548
2023-03-1014:32:41
2023-03-1014:33:12
174.164.103.195
No
118292771309
450670016
2023-04-1213:55:37
2023-04-1213:56:08
174.164.104.25
Yes
118265837038
449583548
2023-03-1111:56:34
2023-03-1111:56:46
174.164.108.75
No
118266376707
449583548
2023-03-1217:50:00
2023-03-1217:50:12
174.164.140.126
Yes
118293506870
450670016
2023-04-13
09:07:51
2023-04-13
09:08:23
174.164.141.64
Yes
118261196622
449583548
2023-03-0617:36:47
2023-03-0617:37:30
174.164.142.107
Yes
118267487943
449583548
2023-03-1319:56:03
2023-03-1319:57:17
174.164.142.160
Yes
118266368098
449583548
2023-03-1217:23:49
2023-03-1217:24:23
174.164.142.198
Yes
118292766204
450670016
2023-04-1213:48:58
2023-04-1213:49:39
174.164.142.99
Yes
118292712217
450670016
2023-04-1212:45:31
2023-04-1212:46:21
174.164.168.12
Yes
118292964489
450670016
2023-04-1219:38:38
2023-04-1219:40:53
174.164.193.20
Yes
118265760996
449583548
2023-03-1108:40:04
2023-03-1108:40:30
174.164.193.51
No
118265322998
449583548
2023-03-1014:58:15
2023-03-1014:58:21
174.164.68.74
Yes
118293433610
450670016
2023-04-13
08:00:10
2023-04-13
08:00:51
174.165.68.142
No
118265501716
449583548
2023-03-10
21:29:25
2023-03-10
21:31:11
174.204.70.40
Yes
118292914243
450670016
2023-04-1218:03:47
2023-04-1218:04:22
174.204.75.102
No
118260165034
449583548
2023-03-0516:45:18
2023-03-0516:45:30
174.215.116.105
No
118266372846
449583548
2023-03-1217:37:58
2023-03-1217:38:33
174.215.117.51
No
118269190832
449583548
2023-03-15
09:17:03
2023-03-15
09:17:07
174.231.138.17
Yes
118292870816
450670016
2023-04-1216:41:28
2023-04-1216:42:06
174.231.140.254
Yes
118266975917
449583548
2023-03-13
09:33:03
2023-03-13
09:33:51
174.238.224.236
No
118265376756
449583548
2023-03-1016:40:27
2023-03-1016:40:45
185.213.154.228
No
118293974409
450670016
2023-04-1318:44:38
2023-04-1318:44:51
209.107.180.201
No
118292586987
450670016
2023-04-1210:30:42
2023-04-1210:30:56
24.16.90.17
Yes
118265245764
449583548
2023-03-1013:12:56
2023-03-1013:13:14
24.16.93.126
Yes
118293293681
450670016
2023-04-13
05:50:26
2023-04-13
05:50:51
24.16.93.254
Yes
118292584936
450670016
2023-04-1210:28:26
2023-04-1210:28:42
24.25.217.119
Yes
Packet Pg. 208
118272143499
118292590792
118295854736
118265283907
118292629893
118265423074
118265315913
118266418241
118266418237
118266417635
118266417271
118266416308
118266415096
118295305829
118265874171
118266322774
118293001260
118292633393
118265346560
118265346338
118261262264
118293847290
118267464943
118292581220
118272073795
118259764166
118292564809
118265386326
118265313993
118292933933
118266318318
118263184453
118265736965
118265872565
118267513190
118267211032
118266985141
118266444814
118266437076
118266436130
118265753767
118265713287
118291575837
118269964911
118267400066
118259773745
118293536283
449583548
450670016
450670016
449583548
450670016
449583548
449583548
449583548
449583548
449583548
449583548
449583548
449583548
450670016
449583548
449583548
450670016
450670016
449583548
449583548
449583548
450670016
449583548
450670016
449583548
449583548
450670016
449583548
449583548
450670016
449583548
449583548
449583548
449583548
449583548
449583548
449583548
449583548
449583548
449583548
449583548
449583548
449583548
449583548
449583548
449583548
450670016
2023-03-18 16:48:55
2023-04-12 10:34:36
2023-04-16 21:56:39
2023-03-10 14:06:26
2023-04-12 11:15:21
2023-03-10 18:19:56
2023-03-10 14:46:34
2023-03-12 19:43:58
2023-03-12 19:44:03
2023-03-12 19:42:10
2023-03-12 19:41:19
2023-03-12 19:38:33
2023-03-12 19:35:22
2023-04-15 14:59:03
2023-03-11 13:52:37
2023-03-12 14:56:03
2023-04-12 21:07:24
2023-04-12 11:18:56
2023-03-10 15:41:49
2023-03-10 15:41:11
2023-03-06 19:43:37
2023-04-13 14:58:55
2023-03-13 19:11:17
2023-04-12 10:24:42
2023-03-18 12:40:15
2023-03-04 20:50:32
2023-04-12 10:04:23
2023-03-10 17:00:10
2023-03-10 14:45:53
2023-04-12 18:38:16
2023-03-12 14:41:08
2023-03-08 15:40:37
2023-03-1107:49:49
2023-03-11 13:47:49
2023-03-13 20:50:56
2023-03-13 13:05:07
2023-03-13 09:40:34
2023-03-12 20:58:09
2023-03-12 20:36:57
2023-03-12 20:34:05
2023-03-1108:24:00
2023-03-1106:56:38
2023-04-11 10:17:21
2023-03-16 03:17:55
2023-03-13 17:15:16
2023-03-04 21:25:43
2023-04-13 09:36:13
2023-03-1816:49:26
37.19.200.153
No
2023-04-1210:34:57
4.16.2.126
Yes
2023-04-16
21:57:14
47.181.115.81
Yes
2023-03-1014:06:35
50.106.43.170
Yes
2023-04-1211:15:46
50.106.50.158
Yes
2023-03-1018:20:03
50.125.80.116
No
2023-03-1014:48:33
50.125.80.41
No
2023-03-1219:44:10
50.125.85.126
No
2023-03-1219:44:09
50.125.85.126
No
2023-03-1219:42:32
50.125.85.126
No
2023-03-1219:41:37
50.125.85.126
No
2023-03-1219:38:45
50.125.85.126
Yes
2023-03-1219:35:30
50.125.85.126
No
2023-04-1514:59:33
50.125.86.213
Yes
2023-03-1113:54:05
50.125.87.189
No
2023-03-1214:56:17
50.125.88.220
No
2023-04-12
21:08:26
50.125.90.22
Yes
2023-04-1211:19:31
50.125.90.233
No
2023-03-1015:41:54
50.125.90.233
No
2023-03-1015:41:29
50.125.90.233
No
2023-03-0619:43:50
50.125.90.233
No
2023-04-1314:59:09
50.125.91.14
Yes
2023-03-1319:11:54
50.125.92.104
No
2023-04-1210:24:48
50.125.92.253
Yes
2023-03-1812:40:22
50.34.48.0
No
2023-03-04
20:50:47
50.35.107.27
No
2023-04-1210:07:24
50.35.99.52
Yes
2023-03-1017:01:00
50.46.129.232
No
2023-03-1014:46:09
50.46.129.232
No
2023-04-1218:38:30
50.47.103.149
Yes
2023-03-1214:41:21
50.47.103.21
No
2023-03-0815:41:04
50.47.111.112
Yes
2023-03-1107:50:03
50.47.111.71
No
2023-03-1113:48:49
50.47.20.54
Yes
2023-03-13
20:51:02
50.47.21.74
No
2023-03-1313:05:12
50.47.21.74
No
2023-03-13
09:40:39
50.47.21.74
No
2023-03-12
20:58:15
50.47.21.74
No
2023-03-12
20:37:04
50.47.21.74
No
2023-03-12
20:34:17
50.47.21.74
No
2023-03-1108:24:05
50.47.22.33
Yes
2023-03-1107:00:11
50.47.31.215
No
2023-04-1110:17:25
50.47.36.138
Yes
2023-03-16
03:18:03
50.47.78.34
Yes
2023-03-1317:15:36
50.47.96.193
Yes
2023-03-04
21:25:59
50.47.96.32
Yes
2023-04-13
09:36:30
66.151.147.212
Yes
Packet Pg. 209
118292933799
118292711476
118265307907
118266383223
118269110373
118292577588
118265811004
118267230317
118292632802
118266318093
118292561014
118265743273
118265969953
118262271067
118266385904
118275475356
118265885139
118265885092
118265778381
118265778224
118265132261
118265784439
118265464208
118293611896
118265683116
118292602498
118292706999
118265924973
118269714681
118269194207
118292573325
118292907314
118260727467
118265291878
118265482889
118265482830
118292878812
118267506908
118265458137
118292615236
118268391615
118263265119
118265286457
118292663539
118265467617
118266456282
118293443677
450670016
450670016
449583548
449583548
449583548
450670016
449583548
449583548
450670016
449583548
450670016
449583548
449583548
449583548
449583548
449583548
449583548
449583548
449583548
449583548
449583548
449583548
449583548
450670016
449583548
450670016
450670016
449583548
449583548
449583548
450670016
450670016
449583548
449583548
449583548
449583548
450670016
449583548
449583548
450670016
449583548
449583548
449583548
450670016
449583548
449583548
450670016
2023-04-12 18:35:52
2023-04-12 12:45:04
2023-03-10 14:40:04
2023-03-12 18:08:23
2023-03-15 08:03:32
2023-04-12 10:20:16
2023-03-11 10:41:52
2023-03-13 13:24:33
2023-04-12 11:18:34
2023-03-12 14:40:24
2023-04-12 10:03:04
2023-03-1108:03:36
2023-03-11 20:01:53
2023-03-07 17:10:01
2023-03-12 18:15:43
2023-03-22 11:20:19
2023-03-11 14:32:04
2023-03-11 14:31:52
2023-03-1109:19:28
2023-03-1109:19:06
2023-03-10 11:14:41
2023-03-1109:34:34
2023-03-10 19:52:17
2023-04-13 10:53:54
2023-03-1105:55:20
2023-04-12 10:47:04
2023-04-12 12:39:16
2023-03-11 17:04:33
2023-03-15 20:03:06
2023-03-15 09:20:17
2023-04-12 10:15:50
2023-04-12 17:52:33
2023-03-06 08:25:34
2023-03-10 14:19:10
2023-03-10 20:39:03
2023-03-10 20:38:47
2023-04-12 16:57:33
2023-03-13 20:36:29
2023-03-10 19:37:57
2023-04-12 10:59:37
2023-03-14 14:56:20
2023-03-08 18:18:59
2023-03-10 14:10:28
2023-04-12 11:51:50
2023-03-10 19:59:21
2023-03-09 20:03:11
2023-04-13 08:08:49
2023-04-1218:38:12
67.161.102.17
No
2023-04-1212:45:26
67.161.103.106
Yes
2023-03-1014:40:12
67.161.96.162
Yes
2023-03-1218:08:37
67.170.69.70
No
2023-03-15
08:04:34
67.171.3.26
Yes
2023-04-1210:20:47
67.183.243.176
Yes
2023-03-1110:42:00
70.95.106.36
Yes
2023-03-1313:24:41
71.227.156.21
Yes
2023-04-1211:18:51
71.231.94.237
Yes
2023-03-1214:40:40
73.11.128.136
Yes
2023-04-1210:03:38
73.11.191.97
Yes
2023-03-1108:04:03
73.169.217.236
No
2023-03-1120:02:05
73.19.74.156
Yes
2023-03-0719:33:18
73.254.119.17
No
2023-03-1218:15:53
73.254.217.216
Yes
2023-03-2211:23:28
73.35.192.26
No
2023-03-1114:32:07
73.42.199.122
No
2023-03-1114:31:57
73.42.199.122
No
2023-03-1109:19:36
73.42.199.122
No
2023-03-1109:19:12
73.42.199.122
No
2023-03-1011:14:50
73.42.199.122
No
2023-03-1109:34:39
73.53.107.176
Yes
2023-03-1019:52:24
73.53.107.193
Yes
2023-04-1310:54:23
73.53.107.78
No
2023-03-1105:55:31
73.53.94.226
No
2023-04-1210:47:30
73.53.94.94
Yes
2023-04-1212:40:11
73.83.145.208
No
2023-03-1117:04:39
73.83.145.208
No
2023-03-15
20:03:17
73.83.26.61
No
2023-03-15
09:20:21
74.112.49.10
Yes
2023-04-1210:16:22
75.213.73.166
Yes
2023-04-1217:53:16
75.85.78.35
Yes
2023-03-06
08:25:46
76.104.182.130
Yes
2023-03-1014:19:18
76.135.255.42
No
2023-03-10
20:39:13
76.146.128.88
No
2023-03-10
20:39:03
76.146.128.88
No
2023-04-1216:57:41
76.146.15.0
Yes
2023-03-13
20:37:19
76.146.15.196
No
2023-03-1019:38:41
76.146.220.143
Yes
2023-04-1211:00:23
76.146.220.217
Yes
2023-03-1414:56:35
76.146.234.218
Yes
2023-03-0818:19:16
76.146.239.127
Yes
2023-03-1014:10:39
76.146.4.123
Yes
2023-04-1211:52:15
76.146.6.153
Yes
2023-03-10
20:00:27
76.147.142.116
No
2023-03-12
21:31:08
76.147.156.207
Yes
2023-04-13
08:09:25
76.147.201.203
Yes
Packet Pg. 210
118259623609
118265933856
118265420552
118292692663
118266436480
118261246860
118293694272
118293402717
118261225548
118293999949
118269273859
118265373605
449583548
449583548
449583548
450670016
449583548
449583548
450670016
450670016
449583548
450670016
449583548
449583548
2023-03-04 13:18:45
2023-03-11 17:37:55
2023-03-10 18:14:24
2023-04-12 12:23:18
2023-03-12 20:34:51
2023-03-06 19:12:53
2023-04-13 12:23:27
2023-04-13 07:33:08
2023-03-06 18:31:10
2023-04-13 19:37:19
2023-03-15 10:36:09
2023-03-10 16:34:07
2023-03-04 13:22:18
2023-03-11 17:38:51
2023-03-10 18:14:41
2023-04-12 12:23:49
2023-03-12 20:35:19
2023-03-06 19:13:17
2023-04-13 12:23:51
2023-04-13 07:33:33
2023-03-06 18:31:31
2023-04-13 19:37:40
2023-03-15 10:36:34
2023-03-10 16:34:15
76.147.202.140
76.147.203.189
76.147.203.189
76.147.203.217
76.147.211.224
76.147.211.224
76.147.211.60
76.147.27.67
76.147.33.178
76.147.93.208
76.88.178.102
96.78.38.189
No
Yes
Yes
Yes
No
No
No
Yes
Yes
No
Yes
No
Packet Pg. 211
DRAFT VISION STATEMENT
• Over 8,500 comments received
• Comments categorized by theme
• Key themes identified
• Consultant provided four draft vision
statements for staff to review
• Current draft vision statement contains a
little from all initial drafts
• Draft vision statement was vetted to
make sure the terms used translated
positively in other languages
• Draft was revealed at Porchfest
• Will be included in the mayor's
newsletter with a link to a simple survey
to let us know if we got it right or if it
needs more work
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8.1.c
DRAFT VISION STATEMENT
• Over 8,500 comments received
• Comments categorized by theme
• Key themes identified
• Consultant provided four draft vision
statements for staff to review
• Current draft vision statement contains a
little from all initial drafts
• Draft vision statement was vetted to
make sure the terms used translated
positively in other languages
• Draft was revealed at Porchfest
• Will be included in the mayor's
newsletter with a link to a simple survey
to let us know if we got it right or if it
needs more work
e d m o n ds
Packet Pg. 213
8.1.c
DRAFT VISION STATEMENT
"Edmonds is a welcoming city offering oi,t,;tanding quality of life
for all. We value environmental stewardship, vibrant and
diverse neighborhoods, safe and healthy streets, and a thriving
arts scene. We are engaged residents who take pride in
shaping our resilient future."
Key theme identified: Many commenters describe Edmonds as "friendly" and "inviting," placing high -value
on the sense of community and neighborly relationships. Many also stated that work is still needed to be
more inclusive and welcoming, recognizing Edmonds is becoming more culturally diverse. This statement
balances out the lived experience of a welcoming city and aspirational goal to become more inclusive.
Commonly used words: Community (259), diverse/diversity (205), culture (204), friendly (92), represented
(92), welcome (60), quality (40), different (33), multi -cultural (29), respect (26), inclusive (25), opportunity
(15), acceptance (12), acknowledge (8), kindness (7) tolerance (7)
Packet Pg. 214
8.1.c
DRAFT VISION STATEMENT
"Edmonds is a welcoming city offering outstanding quality of
life for all. We value environmental stewardshir, vibrant and
diverse neighborhoods, safe and healthy streets, and a thriving
arts scene. We are engaged residents who take pride in
shaping our resilient future."
Key theme identified: "Environmental stewardship" broadly covers comments which value open space,
tree canopy, and water protection.
Commonly used words: Trees (408), environment (93), green (76), marsh (39), canopy (39), open space
(30), streams (22), habitat (16), stewardship (5), wetlands (5)
Packet Pg. 215
8.1.c
DRAFT VISION STATEMENT
"Edmonds is a welcoming city offering outstanding quality of
life for all. We value environmental stewardship, vibrant and
diverse neighborhoods, safe and healthy streets, and a thriving
arts scene. We are engaged residents who take pride in
shaping our resilient future."
Key theme identified: Restaurants, local shops, walkability, access to waterfront, and historic character all
speak to the vibrancy of downtown Edmonds. Many also mentioned that more needs to be done in other
neighborhoods to highlight their uniqueness. This statement reflects both sentiments.
Commonly used words: Small town (211), walk/walkable/walkability (209), restaurants (147), art (138),
building (135), neighborhood (86), charm (68), shops (68), vibrant (20), historic (18), commercial (16),
village (11), entertainment (11)
Packet Pg. 216
8.1.c
DRAFT VISION STATEMENT
"Edmonds is a welcoming city offering outstanding quality of
life for all. We value environmental stewardship, vibrant and
diverse neighborhoods, safe and healthy streets, and a thriving
arts scene. We are engaged residents who take pride in
shaping our resilient future."
Key theme identified: Issues with speeding, lack of sidewalks, disconnected bike infrastructure, need for
traffic calming, and desire for better pedestrian lighting were commonly heard sentiments. "Safe" reflects
the desire for better designed transportation infrastructure for all users, especially children. "Healthy"
covers the desire to green our streets through landscaping and stormwater infiltration, while also
encouraging healthy activities, such as walking and biking.
Commonly used words: Street/road (181), safe/safety (163), sidewalk (156), parking (125)
bike/bicycle/cycle (103), traffic (87), walkability (77), green (76), cars (54), transit (45), speed (44),
a
pedestrian (40), bike lane (39), kids (35), pollution (31), transportation (27), slow (22), health (18), fast
(15), lighting (14), crosswalk (13), traffic calming (8), stormwater (7), litter (6), fossil fuel (3) Packet Pg. 217
8.1.c
DRAFT VISION STATEMENT
"Edmonds is a welcoming city offering outstanding quality of
life for all. We value environmental stewardship, vibrant and
diverse neighborhoods, safe and healthy streets, and a thriving
arts scenes. We are engaged residents who take pride in shaping
our resilient future."
Key theme identified: People acknowledged the vibrant arts community and strong downtown restaurant
culture. People expressed a desire for more diversity reflected in the arts, including youth involvement,
indigenous people's involvement, and access to art outside the "Bowl". This statement recognizes the
value of Edmonds as an arts destination, whether it is performance art, culinary art, or physical art.
Commonly used words: Restaurants/eateries (156), art/artist (138), music (24), creative (9), ECA (4),
performance (4), art culture (4),
Packet Pg. 218
8.1.c
DRAFT VISION STATEMENT
"Edmonds is a welcoming city offering outstanding quality of
life for all. We value environmental stewardship, vibrant and
diverse neighborhoods, safe and healthy streets, and a thriving
arts scene. We are engaged residents who take pride in
shaping our resilient ruture."
Key theme identified: "Resilient future" acknowledges that there are several threats our urban heritage,
both natural and political. It speaks to our ability to retain what is most important to us in face of an
uncertain future —resilience of our built environment to recover from natural disasters, our economy from
macro economic disruptions, our natural environment from a changing climate, and the self -resilience of
Edmonds residents to meet the challenges at various life stages.
Commonly used words: nature/natural (141), affordable/affordability (101), environment (93), climate
(39), sea -level rise (33), expensive (26), sustainable (23), future (22), gas (20), historic (18),
economy/economics (14), housing options (10), resilient (3), disaster (3), crisis (3)
Packet Pg. 219
9.1
City Council Agenda Item
Meeting Date: 08/2/2023
City Attorney Contract 2024
Staff Lead: City Council
Department: City Council
Preparer: Beckie Peterson
Background/History
During the April 25, 2023 Council voted to continue contracting with Lighthouse Law Group for City
Attorney services. (minutes attached)
A proposed contract was discussed during the July 11 Public Safety, Planning, Human Services and
Personnel Committee Meeting (minutes attached) and was reviewed by Madrona Law.
Recommendation
Review proposed contract from Lighthouse Law Group and consider a motion to approve.
Narrative
The current contract with Lighthouse Law Group for City Attorney services expires December 31, 2023.
Attachments:
EDMONDS CITY COUNCIL MINUTES Apr 25 2023 City Attorney Contract
2023-07-11 City Council - Full Minutes-3422 PSPHSP Committee
2023-07-26 Lighthouse -Edmonds contract 2024-2028
Packet Pg. 220
9.1.a
considered; he did not see any issue with tracking, only having the staff and time to track that metric.
Councilmember Nand said that may be part of the REDI manager's workload.
Councilmember Teitzel continued his earlier comment, anticipating there will be more density per square
mile in the next 5-10 years; however, infrastructure planning has been based on previous projected densities.
He asked if there were plans for larger diameter pipes or had that been considered yet. Mr. De Lilla answered
the exact locations are currently unknown and will occur based on the new zoning. City staff is definitely
looking into reassessing the sewer and water models in the near horizon. It may be harder to make that
determination for the sewer model as the City takes effluent from other entities to the WWTP. He concluded
stay tuned is his best answer.
2. EDMONDS CITY ATTORNEY DIRECTION DECISION - CONTRACT OR IN-HOUSE?
Councilmember Paine explained tonight is when the council will make a decision whether to remain with
the contracting model for city attorney services or to bring city attorney services in-house. Council has had
an opportunity to review and ask questions about the materials in the packet. The subcommittee has been
working on this since the beginning of the year and have endeavored to present all the information in a
neutral but complete manner including pros and cons for both models, summary information and financial
summaries for the nine comparator cities as well as an assessment of the contracted city attorneys' hourly
rates. Per the subcommittee's work plan, if the choice is to continue with contracted services, the
subcommittee will propose a draft Request for Proposals/Qualifications (RFP/RFQ). If the decision is to
bring city attorney services in-house, the administration will be asked to start the process of developing a
job description and ultimately publishing the job bulletin seeking applicants.
Councilmember Paine pointed out the administration will have an opinion about this and the subcommittee
invites the mayor to speak on the issue.
Mayor Nelson began his comments and Councilmember Buckshnis raised a point of order, suggesting the
council vote on whether the mayor should speak first.
Councilmember Paine commented before the council votes, it is important for the council to hear the
administration's opinion because this is a big decision that includes a lot of the administrative staff who use
the city attorney services daily. Therefore, it is important to have the mayor and administration's voice in
this discussion. Councilmembers will make their own voices heard during the process and this is an
opportunity to hear the administration's opinion.
Council President Tibbott raised a point of order, commenting it sounded like Councilmember Paine was
making a motion and discussing the motion. Councilmember Paine said she was making a motion.
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT TIBBOTT, TO
HAVE THE MAYOR REPRESENT THE ADMINISTRATION AND OFFER THE
ADMINISTRATION'S VOICE AND OPINION.
Councilmember Buckshnis said she will vote against the motion because she preferred the council discuss
this first followed by the mayor weighing in rather than him providing his opinion first.
UPON ROLL CALL, MOTION CARRIED (5-0-2), COUNCILMEMBERS TEITZEL, CHEN,
OLSON, PAINE AND COUNCIL PRESIDENT TIBBOTT VOTING YES; COUNCILMEMBERS
BUCKSHNIS AND NAND ABSTAINING.
Mayor Nelson said as someone who was a councilmember who had the opportunity to see how the city
attorney operated from the outside, now as the mayor and seeing how the city attorney operates from that
Edmonds City Council Approved Minutes
April 25, 2023
Page 13
Packet Pg. 221
9.1.a
perspective and how staff interacts from the city attorney at a level he did not see when he was a
councilmember, he could say a majority of the workload is with a variety of city staff, most of which is
unseen by council as well as by the mayor. There are regular reports, meetings, advice, etc. where all
Lighthouse's contract attorneys are constantly working with staff on a myriad issues. Without that
experience, it is difficult to look at it objectively and say an in-house attorney would be better because of
X or a contract attorney would be because of Y. He has had the pleasure of working with one contract
attorney who he believes has done a great job. He was unsure he could be objective but preferred to keep
the contract attorney because of who the contract attorney firm is.
To ensure everyone understands the process, Council President Tibbott explained tonight the council is
making a decision regarding contracted city attorney services or in-house city attorney. The intent is to
discuss how to proceed at the next council meeting. He had an opportunity to review the survey responses
from city council, city staff and others and found the reviews regarding the current contracted city attorney
were very good. He opined the City consistently gets quality legal input from whomever at Lighthouse is
providing legal counsel, whether Mr. Taraday, the labor specialist or other specialists. He expressed support
for an RFP process for a contracted attorney.
Councilmember Teitzel thanked Councilmembers Paine and Nand for their professional and diligent work
gathering information. He stressed the information in the packet is presented by the subcommittee without
any bias or spin. Tonight the subcommittee members will be speaking as individual councilmembers and
provide their own opinions. He referred to the list of pros and cons, highlighting one of the pros of hiring
an in-house attorney is it is intended to be a long-term commitment such that the city attorney hopefully
will become a long-term employee and gain institutional knowledge, a pro provided by one of the
comparator cities. The term "long term commitment" is important, because if the council were to make that
change, it would be a long-term commitment, a choice that cannot be made lightly and needs to be well
thought through.
Councilmember Teitzel referred to another pro of hiring an in-house attorney, City attorney(s) are generally
accessible for in -person consultation and will maintain regular office hours. He noted that was clearly a
benefit to be able to go down the hall and talk to the attorney. That pro was also provided by one of the
comparator cities.
Councilmember Teitzel highlighted a con of hiring an in-house city attorney, as a generalist, the city
attorney(s) may not have knowledge of specialty areas of the law, requiring contracting of outside counsel
to special legal needs. This can make it difficult to assess the net total city attorney costs (when in-house
and the need for ad hoc contracting legal services are considered). Councilmember Teitzel highlighted
another con, as city employee(s), in house attorney(s) require full benefits packages, incur professional
expenses related to the practice of law (including legal research engines, continuing legal education credits,
bar dues, professional association membership, etc.) and office support, which require a municipal budget
that is able and willing to support those needs. A city attorney arrangement will likely require multiple
attorneys (a single attorney would likely be unable to cover the workload), a paralegal and assistant to cover
the range of legal issues facing a city.
Councilmember Teitzel highlighted another con, The in-house attorney(s) will report to the mayor, and that
arrangement could compromise the independence of the city attorney(s) since the mayor —as the direct
supervisor —may exert political pressure on the decisions of the city attorney(s). Councilmember Teitzel
assured he was not saying that would happen or was likely to happen but there was the potential due to the
direct reporting relationship versus the current contracted relationship.
Councilmember Teitzel referred to pros and cons for a contracted city attorney, highlighting the following
pros: offers a third -party, impartial, perspective; typically, a contracted city attorney firm has expertise in
Edmonds City Council Approved Minutes
April 25, 2023
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Packet Pg. 222
specialty areas in addition to standard municipal legal areas —minimizing the need to seek contracted help
from additional firms; and no direct line of reporting to the administration, which can reduce potential for
bias and the appearance of political interference in legal decisions.
Councilmember Teitzel highlighted cons for a contracted city attorney: lack of cost predictability in the
hourly rate model, as opposed to the less common flat -rate model; performance evaluation process can be
cumbersome and vague (as opposed to a direct reporting arrangement); City may not have consistency in
attorney coverage (e.g., when primary attorney is not available, a substitute may step in who is not as
familiar with the current city issues). Councilmember Teitzel summarized each model has pros and cons.
He reiterated if the council chooses to go in-house that is a big, long-term decision, not to be taken lightly
and will require funding contract attorneys in addition to the in-house attorney.
Councilmember Teitzel cited numbers from the data provided. The in-house annual expense for 2022
ranged from $725,000 in Shoreline to $1.5 million in Puyallup; Edmonds paid Lighthouse $647,000 in
2022. He referred to the 2023 hourly rate comparison for current contracted attorneys, Lighthouse Tier 1
attorneys bill at $336/hour and Tier 2 attorneys bill at $253/hour, which is in the mid -range of other 2023
contracted city attorney rates. He concluded Edmonds was getting a fair deal from that perspective
compared to the market.
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS,
THAT THE CITY CONTINUE TO CONTRACT FOR CITY ATTORNEY SERVICES.
Councilmember Nand said, speaking not as a member of the legal assessment subcommittee but as a
councilmember, she was in favor of retaining the contract model as well as bypassing an RFP and retaining
the contract with Lighthouse. She did not think the City of Edmonds was large enough administratively to
justify having in-house counsel. Funding the RFPs for support paralegal and assistants and managing
outside billing of specialty law firms is an endeavor that a much larger city might undertake; Edmonds does
not have that level of need. The City's needs are more than adequately being served by Lighthouse and the
contact attorney model. She anticipated the City would be taking on more fuss, expense and headaches than
needed with an in-house attorney because basically the City is contracting with Lighthouse to manage that
administrative burden. As the 2022 Legal Investment Summary for Comparator Cities indicates, the City
is getting a very good bargain.
Councilmember Buckshnis commented she takes this job very seriously and was involved with the review
in 2014 and saw the fiasco in 2019. She also worked with Ogden Murphy Wallace when she was first on
council. She has discussed this with many individuals including attorneys and supports continuing to
contract for city attorney services. An issue for discussion is non -biased decisions and whether the citizens
still have trust in Lighthouse.
Councilmember Teitzel raised a point of order, suggesting Councilmember Buckshnis speak to the motion.
His motion was not related to any particular firm but continuing to contract for city attorney services. Mayor
Nelson ruled point taken.
Councilmember Buckshnis commented this was an important issue due to lawsuits, tort, land use, and
everything imaginable facing the City such as 5G and agreed the City should continue contracting for city
attorney services.
Councilmember Olson commended the subcommittee for the information provided in the packet. She
referenced two cons related to an in-house attorney that she was interested in avoiding and she has a strong
bias toward a contract arrangement. Those cons are related to potential gaps in coverage should the counsel
be ill or on vacation. There has also been a question raised of whether one in-house city attorney would be
adequate or if more than one would be required which makes it a less financially viable option. Under the
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April 25, 2023
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Packet Pg. 223
9.1.a
current contract city attorney arrangement, when Mr. Taraday is away, there are other very competent
attorneys available to fill that role. She highlighted another con related to an in-house attorney reporting to
the mayor and potential for compromising the independence of the city attorney. Those were big reasons
not to utilize an in-house city attorney model. Almost all the pros of an in-house city attorney are met with
the City's particular contracted attorney Lighthouse such as familiarity with city issues and personnel, long
term commitment and gain of institutional knowledge, generally accessible, focused only on City issues
and more sensitive to ongoing issues because regularly works in the City. She had no reservations with a
vote for a contracted city attorney model.
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER NAND, TO AMEND
THE MOTION TO CONTINUE CONTRACTING WITH LIGHTHOUSE EFFECTIVE TONIGHT.
Councilmember Paine commented it was clear the council had all the votes needed for an RFP for a
contracted city attorney model. With Lighthouse, the City has terrific access to a broad range of legal
services with a well -respected municipal services law firm. A contracted city attorney is more cost effective
and multi -year contracts offer consistency and easy access to legal advice for both the council and
administration. The service provided by Lighthouse is tantamount to having in-house counsel but provided
via a contract. Looking from a 30,000-foot view, the City has had very effective counsel who knows
everyone, can speak to their concerns and picks up on threads. Lighthouse's staffing model has been very
effective with superb services. She expressed support for a new contract with Lighthouse effective next
week.
Councilmember Teitzel said although he has had a very good experience with Lighthouse, he will not
support the motion because many citizens have said it is time after 12-13 years to see what is available in
market. It is incumbent on councilmembers to hear those voices and to respond. He preferred to proceed
with an RFP which both the contract with Lighthouse and the ordinance related to the city attorney provides
for.
Councilmember Olson asked if there were any councilmember who did not want to take a vote on this issue
tonight. She did not want to vote if anyone wanted more time to make that decision. To the extent that the
council proceeds with a vote tonight, she had the same opinion bubble up through this process. She was
thankful for the process and the amount of information provided to council. To the point made by another
councilmember about wanting to learn what is available in the market, the council is unlikely to learn that
from applications or interviews so that is not a compelling reason. Having someone actually do the work is
how one sees how the work will be done. She had compelling reasons for continuing with the current
contract city attorney after evaluating this packet. Many of the pros of an in-house attorney have been met
with the City's existing contracted attorney, which may not be the case for other cities who utilize contracted
city attorneys per the feedback from comparator cities.
Councilmember Olson observed Lake Stevens contracts separately for employment law and Puyallup
contracts separately for telecom and cable franchises, areas of expertise that Lighthouse has. Issaquah paid
two additional months of overlap between their new and old contracted attorneys when they selected
another contracted attorney. Even if the City obtains a new contract attorney at exactly the same hourly
cost, they will not have the institutional knowledge that Lighthouse has, requiring more hours for the new
contract attorney to gather information. She concluded it would be more expensive to contract with a
different city attorney. Based on the above, and crediting Lighthouse for navigating a very contentious few
years with professionalism and patience, she will support continuing to contract with Lighthouse.
In speaking to the amendment to bypass an RFP process and negotiate a contract with Lighthouse,
Councilmember Nand said her philosophy is if it's not broke, don't fix it. If there had been serious problems
as a result of the review of Lighthouse in January where multiple people who work with the city attorney
indicated they were dissatisfied with the level of service, she would have supported devoting time to
Edmonds City Council Approved Minutes
April 25, 2023
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Packet Pg. 224
9.1.a
managing an RFP process. However, she did not think that was a good use of the council's time this year
and preferred the City strengthen its relationship with Lighthouse. Although she was unsure the City would
ever get back to the incredible flat rate that Lighthouse offered, the hourly rate contract is being managed
very judiciously and the City is making good use of taxpayer dollars. She preferred if it was not broke,
don't not fix it and for council to focus on actual issues facing the City and not fall prey to a very vocal
minority that have issues with the city attorney. Of the 43,000 people in Edmonds, 99.99% do not have a
problem with Lighthouse or the services they provide.
Councilmember Chen observed a lot has been said about the wonderful service provided by the current city
attorney, but as elected officials, the council represents its constituents in making a decision whether to
have legal services provided via a contracted firm or in-house attorney. He agreed with continuing with a
contract model given the City's size and situation and all the pros and cons that councilmembers have cited.
However, he did not support the amendment because he wanted to see what's out there. If Lighthouse
continued to be the strongest candidate, logically they would be selected as the City's contracted attorney.
Councilmember Buckshnis said there was a reason the City chose to look at other attorneys in the past when
OMW was the city attorney. Like Mr. Wambolt described, the City hired a young firm with a flat rate model
and learned a lot. It is important to citizens to be judicious because there has been a long-term relationship
with Lighthouse and there have been a lack of trust with some citizens on specific issues. She agreed an
RFP process would take a lot of time, but the last few years have been very tedious and troublesome with
some things that happened.
Councilmember Paine urged councilmembers to support the amendment because the City has been getting
high quality service from Lighthouse. The judicial officers who commented on their work said Lighthouse
was top of the line and could not have scored them higher. Lighthouse has been doing municipal services
work for the City with high marks.
UPON ROLL CALL, MOTION CARRIED (4-2-1), COUNCIL PRESIDENT TIBBOTT AND
COUNCILMEMBERS OLSON, PAINE AND NAND VOTING YES; COUNCILMEMBERS CHEN
AND BUCKSHNIS VOTING NO; AND COUNCILMEMBER TEITZEL ABSTAINING.
MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY.
10. MAYOR'S COMMENTS
Mayor Nelson gave a special shout out to Council President Tibbott, commenting he was looking forward
to councilmembers and directors attending the budget retreat and having a good discussion.
11. COUNCIL COMMENTS
Councilmember Buckshnis reported Earth Day at Marina Beach was great. She thanked Robert Ha and the
Asian Service Center team and Councilmember Chen. She heard the other team which included the youth
commission doing cleanup at Yost Park also had a great day.
Councilmember Nand commented the community was struck by two tragedies this week, an innocent man
was stabbed to death going to the grocery store at WinCo on Highway 99 and there was nothing people
could do to save his life, and a young boy was shot, whether randomly or targeted. Her heart broke that a
mother posted on My Edmonds Neighbors asking that anyone with information regarding the shooting
report to the police. The council is trying to move police services to Highway 99, and she assured this is
not a part of the community that is being disregarded or should be underserved. Edmonds should not be the
type of place where people are stabbed or shot. There is violence happening in the community indigenously
and coming into the community from other places. People should feel safe to live, work, and visit Edmonds
Edmonds City Council Approved Minutes
April 25, 2023
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Packet Pg. 225
PUBLIC SAFETY, PLANNING, HUMAN SERVICES & PERSONNEL
COMMITTEE MEETING
July 11, 2023
Elected Officials Present Staff Present
Councilmember Vivian Olson (Chair) Shane Hawley, Police Commander
Councilmember Jenna Nand Susan McLaughlin, Planning & Dev. Dir.
Council President Neil Tibbott (ex-officio) David Levitan, Planning Manager
Councilmember Susan Paine Nicholas Falk, Deputy City Clerk
Councilmember Will Chen
1. CALL TO ORDER
The Edmonds City Council PSPHSP Committee meeting was called to order virtually and in the City
Council Conference Room, 212 — 5th Avenue North, Edmonds, at 3:30 p.m. by Councilmember Olson.
2. COMMITTEE BUSINESS
Resolution for Annexation into RFA (Regional Fire Authority)
Council President Tibbott explained he attended some of Lynnwood's public open houses regarding
annexation into the RFA, so he understands the process. Edmonds has been receiving fire and aid
services from South County Fire (SCF) and has a contract with SCF through 2030. The City has an
option to join the RFA which results in potential cost savings as well as additional funding mechanisms
to provide fire and emergency medical services. The purpose of the resolution is provide official
communication to the RFA that the City intends to investigate advantages and disadvantages of
annexation.
Council President Tibbott shared the resolution on screen and highlighted findings of fact in the whereas
clauses. Section 1 of the resolution states, "Pursuant to RCW 52.26.300(2), the City requests
annexation into the South Snohomish County Regional Fire, subject to the provisions of RCW
52.26.300(3) and voter approval." As the phrase "requests annexation" seems to bypass the research
process, he suggested replacing it with "expressing the intent to pursue the benefits of receiving fire
and emergency medical services."
Questions and discussion followed regarding "requests annexation" stating something different than the
agenda memo narrative, interest in exploring annexation, staff providing information regarding the
financial impacts on taxpayers in Edmonds and in Esperance, plans for Administrative Services Director
Dave Turley to make a presentation to Finance Committee on July 20, RFA taxing citizens directly for
fire/aid services removing the obligation for the City to directly pay for those services, when the cost to
citizens will be determined, a suggestion to leave out or amend the 5th Whereas clause related to the
City and SCF believe that the public health and safety of citizens will benefit from annexation, the
council's responsibility to vet all options and whether to include a whereas clause stating that,
investigating benefits and costs, process for investigating annexation to Shoreline Fire, focus of this
resolution on benefits and cost savings of joining the SCF RFA and a suggestion to change "requests
annexation" to "requests information on possible annexation."
The committee requested Mr. Turley provide the estimated financial impact for City taxpayers and
Esperance.
Committee recommendation: Finance Committee consider resolution and PSPHSP committee's
suggestions.
2. City Attorney Contract 2024
Packet Pg. 226
07/11/23 PSPHSP Committee Minutes, Page 2
Councilmember Olson reported the outside legal review of the contract was received too late to be
incorporated into the contract and shared with Lighthouse so it was decided it would not be a good use
of the committee's time to review the contract tonight.
Questions and discussion followed regarding a suggestion to delete Section 1.15 regarding Lighthouse
conducting a self -initiated performance review, ability for the city attorney to do an internal survey
regarding their performance, concern an internal performance review would not be as candid and would
not be of value to the City, and a suggestion to revise language in 3a to bill for actual travel time to
Edmonds rather than a one -hour round trip.
Committee recommendation: Full council.
3. Community Engagement Vehicle Donation (Lynnwood Honda)
Commander Hawley explained this is a resolution to accept a donation of a new CRV from Lynnwood
Honda for use by the community engagement officer, a high profile position within the department. This
is similar to DARE vehicles that dealerships donated in the past. Lynnwood Honda will donate the
vehicle to the City and carry the 2-year lease.
Questions and discussion followed regarding Lynnwood Honda branding on the vehicle, the CRV not
being a take home vehicle, support for this innovative idea, Lynnwood Honda's publicity for the donation,
and a suggestion for the community engagement officer to contact larger multifamily buildings about
starting block watch programs.
Committee recommendation: Consent Agenda
4. Body Worn Camera (BWC) Redaction Fees
Commander Hawley explained this resolution adopts a fee for BWC redaction into the City's fee
schedule as authorized by RCW 42.56. Every commissioned officer in the Edmonds PD has BWC which
captures a lot of video, generating a lot of public records requests and redaction hours. The RCW
requires a study be completed; the comprehensive study done by is referenced in the resolution. The
proposed $0.77/minute fee for redaction time is the average of the 2 public disclosure specialists in the
police department.
Questions and discussion followed regarding requestors who do not have to pay the redaction fee per
RCW, time required to perform redaction, and the redaction fee discouraging large, global requests.
Committee recommendation: Consent Agenda
5. Follow -Up on Proposed Comprehensive Plan and Highway 99 Approach
Mr. Levitan provided an update on the discussion at the July 5 council meeting, next steps and tasks
completed since July 5:
• Comp Plan Scope and Contract review
o July 5 — Staff briefed city council on proposed scope and approach
o July 7 — Staff emailed community members who commented on Highway 99
o July 11 — Council committee further discusses scope and approach
o July 12 — Planning board provides feedback on scope and approach
o July 18 — City council authorize mayor to sign contract with VIA
Questions and discussion followed regarding appreciation for staff emailing community members,
whether community members were encouraged to attend the July 12 planning board meeting and/or
July 18 city council meeting, the council typically not holding a public hearing on consultant contracts,
holding a public hearing on consolidation of EIS and the vision statement, additional cost of a Highway
99 subarea specific SEIS, cost savings of consolidating EIS, VIA scope of work with options for
consolidated or separate EIS, difficulty doing concurrent EIS, separate SEIS to address community
Packet Pg. 227
07/11/23 PSPHSP Committee Minutes, Page 3
concerns, what an SEIS would analyze, potential zoning changes as a result of the comprehensive plan
update, 12/31/24 deadline to update the comprehensive plan, and negative feedback from the
community regarding combining the EIS.
Mr. Levitan continued:
Consultant RFP and selection process
o RFP issued in summer 2022 was unsuccessful
o Updated RFP issued in March and closed in late April; included optional task for Highway
99 SEIS
o City received four proposals, which were reviewed in early May
■ Two proposals included optional Highway 99 SEIS task (with different approaches)
■ Top two consultant teams were interviewed in mid -May (one with optional SEIS and one
without)
o Interview panel unanimously selected VIA Architecture Team
o City negotiated scope of work, budget and schedule, including:
■ Highway 99
■ Waterfront issues
■ Environment and natural resources
■ Economic development plan
■ Scale of outreach
Scope of work, budget and schedule
o VIA's proposal includes:
■ Production of the comprehensive plan document including EIS
■ Additional focus on the Highway 99 subarea, including dedicate community outreach,
potential plan/code refinement, and SEPA review
■ Development of an Economic Development Plan
■ Illustrative waterfront vision
■ Heavy focus on inclusive engagement and graphic -rich materials
■ Includes numerous touchpoints with boards/commission and the public, including:
- Five meetings with planning board and two meetings with city council in advance of
public hearings; staff will provide additional frequent updates
- 2-3 meetings in each of the City's neighborhood commercial areas
- Public EIS scoping and review meetings
- Online engagement strategies
Next steps
o Finalize contract with VIA
o Community kick-off (late July)
o Form community champions steering committee
o Begin preparing background/technical analysis
Questions and discussion continued regarding the cost of the contract and reimbursable expenses,
development of an engagement plan, staff providing further information regarding the compensation
model for community champions, clarity/specificity in the scope of work regarding how the consultant
intends to utilize virtual and social media town hall options to target different demographics and reduce
barriers, whether there is an opportunity to utilize existing community platforms to provide feedback, the
tree board's criticism of outreach regarding the tree code, robust environmental review and involving
the environmental community, request to conduct a statistically valid survey to validate the previous
surveys, topics covered in the community sustainability element and ability to separate into additional
elements, date the consultant contract will come back to council, and information to include in the July
18 council packet.
Committee recommendation: Full council July 18
3. ADJOURN
The meeting was adjourned at 4:56 p.m.
Packet Pg. 228
9.1.c
AGREEMENT FOR CIVIL LEGAL SERVICES
THIS AGREEMENT entered into between the City of Edmonds ("the City") and Lighthouse Law
Group PLLC ("LIGHTHOUSE") effective January 1, 2024, is entered into in consideration of the terms and
conditions set forth below, the parties agree as follows:
1. Services to be Provided. LIGHTHOUSE will serve as attorneys for the City on all civil legal
matters assigned or referred to LIGHTHOUSE by the City during the term of this Agreement and will
perform all civil legal services for the City with the exception of litigation covered by the City's
insurance pool, litigation defended under an accepted tender arrangement, legal services related to the
issuance of any municipal bond or similar security, or legal services assigned by the City to other legal
counsel as described in the paragraph below.
This is a nonexclusive agreement and the City sole discret o may engage o r legal counsel
regarding any service that is expected to be provided by LIGHTHOUSE. Examples of such services
expected to be provided by LIGHTHOUSE include, but are not limited to:
1.1 Preparing for and atten ular meetings of the City Council, and other meetings,
as necessary or requeste 7
1.2 Drafting ordinances, resolut s, and decisions
1.3 Answering telephone calls fro ity elected officials and staff and providing general
consultation o it legal matt
1.4 Attending meet s with City sta e Mayor, and/or Council Members on civil legal
matters;
1.5 Attending meetings of other City boards and commissions, such as the Planning Board
and Hearing Examiner en requested to do so; and
1.1 Negotiating with third parties other than in a litigation context, e.g., negotiating
interlocall agreements.
Represding the City and its officials in litigation matters, when requested, provided,
that in cases where the City and its officials have insurance coverage through WCIA
or another insurer, LIGHTHOUSE will represent the City and its officials only until
WCIA retained attorneys are actively handling the case or to the extent necessary to
-deal with non -covered claims or to provide consultation and coordination between the
City and the WCIA retained attorneys;
1.8 Labor negotiation or arbitration;
1.9 Services related to local improvement districts;
Packet Pg. 229
9.1.c
1.10 Services related to taxation;
1.11 Services requiring expertise in CERCLA, MTCA, or other state or federal
environmental cleanup laws;
1.12 Representing the City in administrative proceedings before another governmental unit
(such as Boundary Review Board hearings, proceedings before the State Shorelines
Hearings Board, or proceedings before the State Grow anagement Hearings
Board);
1.13 Telecommunications services, including franchise negotiation and leasing;
1.14 Office hours at City Hall will be provided b INTHOUSE as requested; and
1.15 Annual report and self -initiated performance review: On an annual basis,
LIGHTHOUSE shall present a report to the city council covering topics requested by
the city council. Prior to the annual report, LIGHTHOUSE shall initiate a review of its
own performance by reaching out to, at least, all elected officials and department
directors. This outreach may be conducted through meetings, surveys, or any other
means reasonably conducive to obtaining feedback that would assist LIGHTHOUSE
in improving its performance to the City. LIGHTHOUSE shall present a summary of
this annual self -initiated performance review to the city council as part of its annual
report. Nothing in this paragraph prevents the City from initiating and performing its
own review of LIGHTHOUSE from time -to -time over the course of this contract.) Commented [Ill: Councilmember nand has propo;
delete this subsection. We had included it at the req
4W another councilmember. Lighthouse does not have
feelings as to whether this section stays or goes.
2. Personnel Performing Services. Jeff Ta ay will be the lead attorney and shall have the
primary response ility for attending City Comic tings and delegating work to other
LIGHTHOUS1�ttomeys, as needed. Mr. Taraday may assign work to any attorney affiliated with
LIGHTHOUSE. Provision of service by any non -LIGHTHOUSE attorney shall require prior
appro:or
Mayor with notification provided to the Council of such assignment and approval.
3. for Services.
ityNill pay LI�HOUSE for the legal services provided under this Agreement
ant to the hour rates listed in subsection 3.b, below. LIGHTHOUSE attorneys will
for services in increments of one tenth of an hour with the minimum time charged
y activity being one tenth of an hour and all fractions of tenths of an hour rounded
up to the next tenth of an hour. For example, a fifteen -minute telephone conversation
would be charged as 0.3 hours. LIGHTHOUSE will charge for all activities undertaken in
providing legal services to the City under this Agreement, including, but not limited to,
theofollowing: attending and preparing for meetings, conferences, depositions, and court
appearances; reviewing and preparing correspondence and legal documents; performing
legal research and writing legal opinions; drafting of court papers, ordinances, and
resolutions and engaging in telephone conversations. When two of more LIGHTHOUSE
personnel are engaged in working on a matter at the same time, such as in conferences
between them, the time of each will be charged at his or her hourly rate. When our
services require travel to Edmonds, regardless of the actual travel time, a one -hour round
Packet Pg. 230
9.1.c
trip will be charged at the attorney's applicable hourly rate, except the City shall be billed
for the actual travel time if actual travel time is less than one -hour round tripl. When our
Commented p21: Conncilmember nand suggested
servicesrequiretravelto other locations, the actual travel time will be charged at the
language similar to this. we do not object. It could I
relevant, particularly if one of us moves to Edmond N
applicable
Y' pP Y
N
N
b. The hourly rates below shall apply to the legal services by the City described in Section
++
L
3.a, above. Beginning in 2024 and for each year of the contract thereafter, the hourly
rates during each year shall be calculated by taking the previous year's hourly rates (the
V
"Base") and adjusting those rates by the three-year rolling average ofthe Seattle -
Tacoma -Bellevue, WA, CPI-U 12-month percent changes from June -to -June (the "CPI-
d
based adjustment")(Bureau of Labor Statistics table for June 2023 is attached hereto as
Exhibit A).
f �
Q
Hence, in calculating the hourly rates to be �Parged in 2024, one would begin by using
the following Base rates:
V
• Jeff Taraday AZ36 YK
00
N
• Tom Brubaker $
• Mike Bradley $33
• Sharon Cates $253
• Patricia Taraday $253
• Angela Tinker $253
• Beth Ford
• any other Lighthouse attorn
One would then apply the CPI -bast/ adjustment using a table like the one below:
r rolling average of the Seattle -Tacoma -
WA, CPI-U 12-month June -to -June percent
changes
2U21
2022
2023
3-yr rolling
average
Februa 1.7
8.1
8.0
5.9
A ril 3.4
9.1
6.9
6.5
une 5.5
10.1
4.6
6.7
August 5.2
9.0
ctober 6.5
8.9
December 7.6
8.4
Thi ercise would yield the hourly rates for 2024, which rates would also function as
th ase for the 2025 hourly rates.
Calculation of 2024 rates:
2023 rates (the
2024 Base)
2024 rates with 6.7% CPI -based
adjustment applied
Jeff
$336
$359
Tom
$336
$359
Packet Pg. 231
9.1.c
Patricia
$253
$270
Sharon
$253
$270
Beth
$253
$270
Angela
$253
$270
4. Payment by Third -Parties. In situations where the City charges arty (e.g. a land use
applicant or utility company) for work performed by LIGHTHOUSE, the t ird-party shall be charged,
and LIGHTHOUSE shall be paid, the hourly rates in Section 3.Vplus ten percent, which would
approximate the undiscounted market value of the attorneys' time over the life of the contract.
5. Other charges and expenses. The City will not be charged separately for normal clerical or
secretarial work, the expense of which has been calculated into LIGHTHOUSE's fees.
Reimbursement shall be made by the City for expenditures related to fees paid to a medeor, expert
witness fees, court costs and fees, copying, postage, process service and courier costs. Other
expenses shall be reimbursed when authorized in* -advance by the City, e
6. Billing. The City shall pay LIGHTHOUSE within thirty (30) days of receipt of an invoice,
except for any specific items on an invoice which the City contests or questions in writing within
fifteen (15) days of receipt of the invoice. The parties agree to use gooeaith in promptly resolving
any contests or questions of time entries and/or expe reimbursement requests on LIGHTHOUSE
invoices. �
7. Term of A<is
This Agreement shall comme Ponanuary 1, 2024 and shall remain in
effect through Dec8 unless terminated earlier as provided in Section 8.
8. Termin
a. The CiSE at any time. LIGHTHOUSE may withdraw from
representation of the City at any ime, to the extent permitted by law and the Rules of
Professional Conduct, upon sixty (60) days written notice. In the event of termination,
work in progress will be completed by LIGHTHOUSE if authorized by the City under
e4kterms acceptable to both parties. If completion of work in progress is not authorized or
acceptable terns cannot be worked out, LIGHTHOUSE will submit all unfinished
documents, reports, or other material to City and LIGHTHOUSE will be entitled to
receive payment for any and all satisfactory work completed prior to the effective date of
terminatioq!The City acknowledges that LIGHTHOUSE will not perform services
w contract.
b. Injr
nt this Agreement is terminated, LIGHTHOUSE shall be entitled to payment of
all services performed and reimbursable expenses, incurred up to the date of termination.
The City may terminate this agreement immediately if LIGHTHOUSE's insurance
coverage is canceled for any reason or if LIGHTHOUSE is unable to perform the
services called for in this agreement.
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9.1.c
d. This section shall not prevent the City from seeking any legal remedies it may otherwise
have for the violation of nonperformance of any provisions of this agreement.
rl
General and professional liability insurance. The Consultant shall obtain and keep in
force during the term of this Agreement, or as otherwise required, the following insurance
with companies or through sources approved by the State Insurance Commissioner
pursuant to Title 48 RCW.
million dollars
in an amount
secured by the Consultant, the Ciix will be named on all policies as an additional insured.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior
notice to the City.
The Cololtant'S professional liability to the City shall be limited to the amount
payable and this Agreement or two million dollars ($2,000,000), whichever is the
greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's
prof%mional liability to third parties be limited in any way.Pref onal r i-a :r...
10. Discrimination. LIGHTHOUSE agrees not to discriminate against any employee or applicant
for employment or any other person in the performance of this Agreement because of race, creed,
color, national origin, marital status, sex, age, physical, mental or sensory handicap, or other
protected status, except where a bona fide occupational qualification exists.
Commented [131: Except as otherwise noted in con
below, this language mirrors the city's standard con
services.
Formatted: Indent: Left: 1.18", No bullets or num
Commented [141: The city's standard contract teml
requires per occurrence of SIM, but we carry these
limits.
Commented [151: This language has been added to
standard contract template to mirror our actual insw
coverage.
Formatted: Not Highlight
Commented [161: This language was modified fron
city's standard contract template to mirror the langu
had already been reviewed by Ann Marie Soto.
Commented [AMS7]: This is the specific limit as
recommended by WCIA.
In addition, for professional service contracts, WCI.
recommends auto insurance with a minimum combi
single limit for bodily injury and property damage c
$1,000,000 per accident, and CGL insurance with li
less than $2,000,000 each occurrence, $2,000,000 g
aggregate. The City may wish to consider adding th
limits.
Commented [dt8R7]: I'm ok with Ann Marie's sug
However, this would appear to require Jeff to incre,
limits in the liability insurance. It seems we should
align with WCIA recommendations.
Commented [19R7]: No objection to the revisions
the document. We do have a CGL policy. So, no ob
referencing those coverages. With regard to autome
Lighthouse does not own automobiles and all of the
Lighthouse attorneys maintain their own individual
liability coverage. It would be a duplicative expens(
Lighthouse to purchase additional auto policies on t
individual policies and, depending on the amount of
expense. we may need to revisit our hourly rates.
Packet Pg. 233
9.1.c
11. Independent Contractor. LIGHTHOUSE is an independent contractor with respect to the
services to be provided under this Agreement. The City shall not be liable for, nor obligated to pay
to LIGHTHOUSE, or any employee of LIGHTHOUSE, sick leave, vacation pay, overtime or any
other benefit applicable to employees of the City, nor to pay or deduct any social security, income
tax, or other tax from the payments made to LIGHTHOUSE which may arise as an incident of
LIGHTHOUSE performing services for the City. The City shall not be obligated to pay industrial
insurance for the services rendered by LIGHTHOUSE.
12. Ownership of Work Product. All opinions, data, materials, reports, fne%randa, public
records, and other documents developed by LIGHTHOUSE under t s Agreement specifically for
the City are the property of the City, shall be forwarded to the Ci its request, and may be used
by the City as the City sees fit.
13. Hold Harmless. LIGHTHOUSE agrees to indemnify, hold harmless, acid defend the City, its
elected and appointed officials, employees and agents from and against any and all clam�
judgments or awards of damages, arising out of or resulting from the acts, errors or omilsions of
LIGHTHOUSE. The City agrees to indemnify, hold harmless, and defend LIGHTHOUSE, its
members, employees, and approved sub -contractors (e.g. Special Counsel), from and against any
and all claims, judgments or awards of damages, arising out of or resulting from the acts, errors or
omissions of the City, its elected and a ointed officials, employees and agents. To the extent
necessary to fully fulfill these promise emnity, the parties waive their immunity under Title
51 RCW.
I
14. Rules of Professional Conduct. All rvice rovided LIGHTHOUSE under this
Agreement will be performed in accordance i e Rules o rofessional Conduct for attorneys
established by the Was Supreme Cc
15. Work for Other Client . LIGHTHOUSE may provide other services for clients other than the
City during thwfrm of this Agreement, but will not do so where the same may constitute a conflict
of interest as defined by the Rules of Professional Conduct unless the City, after full disclosure of
the potential or actual conflict, consents in writing to the representation. Any potential conflicts shall
be handledlip accordance with the Rules of Professional Conduct referred to above.
16. Subcontracting or Assi ng merit. LIGHTHOUSE may not assign or subcontract any portion of
the services to be provided under this agreement without the express written consent of the City,
PROVIDED THAT such consent shall not be unreasonably withheld, and FURTHER PROVIDED
THAT by this Agreement, the City hereby consents to LIGHTHOUSE's subcontracting with the
following Special Counsel: Mike Bradley, attorneys supervised by Mike Bradley, and/or the
respective legal entities through which they perform their legal services.
17. Entire Agreement. This Agreement represents the entire integrated agreement between the
City and the superseding all prior negotiations, representations, or agreements,
written or oral. This Agreement may be modified, amended, or added to, only by written instrument
properly signed by both parties hereto.
Date: Date:
CITY OF EDMONDS LIGHTHOUSE LAW GROUP PLLC
Packet Pg. 234
9.1.c
Mike Nelson Patricia Taraday
Mayor Managing Member
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9.2
City Council Agenda Item
Meeting Date: 08/2/2023
Ordinance adopting new shopping cart regulations
Staff Lead: Mayor's Office
Department: Mayor's Office
Preparer: Scott Passey
Background/History
N/A
Recommendation
This is an introduction of a proposed ordinance for council deliberation with the opportunity to direct
the city attorney to make revisions.
Narrative
These proposed shopping cart regulations have been developed to address lost, stolen, or abandoned
shopping carts within the City. The ordinance requires retailers to implement one of two security
measures to their shopping carts to prevent them from being taken off premises. One security measure
is to implement electronically activated self -braking wheels to prevent shopping carts from being taken
off premises. The other security measure is to mount poles to shopping carts, which prevent their
removal from the interior of the store. The ordinance gives retailers 180 days from the effective date of
the ordinance to implement the security measures. The ordinance also requires retailers with shopping
carts to add signage to their shopping carts.
To help offset the cost of implementing these security measures the ordinance would establish a cost -
sharing program through which the City would pay a percentage (not yet determined) of the cost of
implementing new security measures, not to exceed a specific dollar amount (also not yet determined).
Doing so recognizes that the quality of life in the City will be enhanced through the reduction of lost,
stolen or abandoned shopping carts and that resources otherwise expended by the City's enforcement
efforts to address lost, stolen or abandoned shopping carts will be reduced.
Recognizing that compliance with the regulations may be particularly difficult for small retail
establishments and recognizing that small retail establishments may have fewer shopping carts off -
premises, the proposed ordinance exempts establishments that have a total square footage less than a
certain amount (yet to be determined).
The ordinance also authorizes the administration, either on its own or by contracting through a third -
party, to collect, return and dispose of any lost, stolen, or abandoned carts. A fee will be charged to the
cart owner for each cart returned or disposed of by this service. The fee will be set by city council
resolution. The fee would be intended to cover the costs associated with the provision of this service by
the City. This regulatory scheme should allow for a reduction in lost, stolen, or abandoned carts without
Packet Pg. 236
9.2
burdening the city's enforcement resources.
Attachments:
2023-07-27 - Ordinance - Shopping Cart Regulations
Packet Pg. 237
9.2.a
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON ADDING A NEW CHAPTER, CHAPTER 5.75,
TO THE EDMONDS CITY CODE ENTITLED "SHOPPING
CART REGULATION"
WHEREAS,
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A new chapter of the Edmonds City Code, chapter 5.75, entitled "Shopping Cart
Regulation" is hereby added to read as set forth in Attachment A hereto, which is incorporated
herein by this reference as if set forth in full.
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 is subject to referendum and shall take effect
thirty (30) days after final passage of this ordinance.
APPROVED:
MAYOR MICHAEL NELSON
Packet Pg. 238
9.2.a
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
Im
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
Packet Pg. 239
9.2.a
SUMMARY OF ORDINANCE NO.
of the City of Edmonds, Washington
On the day of , 2023, 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
ADDING A NEW CHAPTER, CHAPTER 5.75, TO THE EDMONDS
MUNICIPAL CODE ENTITLED "SHOPPING CART REGULATION"
The full text of this Ordinance will be mailed upon request.
DATED this day of 12023.
CITY CLERK, SCOTT PASSEY
Packet Pg. 240
9.2.a
DRAFT
ATTACHMENT A
Chapter 5.75
SHOPPING CART REGULATION
Sections
5.75.010 Purpose
5.75.020 Definitions
5.75.030 Exemption
5.75.040 Signage
5.75.050 Security Measures
5.75.060 Cost Share
5.75.070 Annual Inspection
5.75.080 Collection, Return and Disposal
5.75.010 Purpose
It is the primary purpose of this Chapter to provide for the collection, return and disposal
of lost, stolen or abandoned shopping carts in order to promote the public safety and
welfare of the City. It is a purpose of this Chapter to have the owners and operators of
retail establishments implement security measures to ensure that shopping carts remain
on the retail establishment's premises. It is another purpose of this Chapter to develop a
program by which the city, or a third -party, collects, returns, or disposes of shopping
carts, the cost of which will be borne by shopping cart owners.
5.75.020 Definitions
Except as otherwise expressly set forth herein, the following words and terms as used in
this Chapter shall have the following meanings:
A. Administrator: The Director of the Public Works Department.
B. Authorized Agent: The owner, or an employee or authorized agent of the owner,
entitled to possession of the shopping cart.
Packet Pg. 241
9.2.a
C. Authorized Customer: A customer of the owner of the shopping cart, having the
written permission of the owner or owner's agent to remove the shopping cart from the
owner's premises.
D. City Personnel: Designated staff employed by the City of Edmonds.
E. `Identification Sign': A clearly visible sign permanently affixed to the cart that:
1. Identifies the owner of the cart or the retailer, or both; and
2. Lists a telephone number or address for returning carts removed from the
premises or parking area to the owner or retailer.
F. Lost, Stolen, or Abandoned Shopping Cart: Any shopping cart located on any public
or private property other than the premises of the retail establishment from which such
shopping cart was removed, even if in the possession of any person, unless such person in
possession thereof is either:
1. The owner, or an employee or authorized agent of the owner, entitled to
possession of said shopping cart; or
2. An officer, employee or agent of a cart retrieval service hired by either the
owner or the City to retrieve such carts; or
3. City personnel retrieving, storing or disposing of said cart pursuant to the
provisions of this code;
4. A customer with written permission from the owner or agent of the owner to
take the cart off premises.
G. Owner: Any person or entity that owns, leases, possesses, or makes shopping carts
available to customers or the public in connection with the conduct of a business.
H. Parking Area: A parking lot or other property provided by a retail establishment for
the use of customers of said retail establishment for the parking of customer vehicles. The
parking area of a retail establishment located in a multi -store complex or a shopping
center shall include the entire parking area used by the multi -store complex or shopping
center.
L Premises: Any building, property, or other area upon which any retail establishment
business is conducted or operated in the City of Edmonds, including the parking area
provided for customers in such retail establishment.
J. Retail Establishment: Any business located in the City of Edmonds which offers or
provides shopping carts for the use of the customers of such business.
Packet Pg. 242
9.2.a
K. `Shopping Cart' or `Cart': A basket which is mounted on wheels or a similar device
generally used in a retail establishment by a customer for the purpose of transporting
goods of any kind.
5.75.030 Exemption
This chapter does not apply to any retail establishment that has a total square footage less
than square feet.
5.75.040 Signage
Each retail establishment, not exempt from this Chapter, is required to have an
Identification sign affixed to each of its shopping carts.
5.75.050 Security Measures
Each retail establishment, not exempt from this Chapter, is required to implement one of
following security measures to its shopping carts within 180 days of the effective date of
this ordinance:
1. Install electronically -activated self -braking wheels to shopping carts that will
prevent the carts from being taken beyond the retails establishment's premises. The
brakes must be installed to at least two of the shopping cart wheels, diagonally
aligned.
2. Mount poles to shopping carts, which prevent their removal from the interior of
the retail establishment
Once a retailer has implemented the required security measures, they shall contact the
Administrator and schedule an inspection. Failure to implement security measures shall
result in a penalty of five -hundred dollars ($500) per day assessed against the retail
establishment.
5.75.060 Cost Share
The City shall contribute to the cost of implementing new security measures as a
response to this Ordinance. The City's contribution shall be % of the cost of
implementing such measures, but at no time will the cost exceed per retail
establishment.
5.75.070 Annual Inspection
Each retail establishment shall annually, prior to business license renewal, contact the
Administrator to schedule an inspection of its shopping cart required signage and security
measures. Failure to maintain signage and security measures will result in a failed
inspection with an associated penalty of $500 per day of violation assessed against the
retail establishment.
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9.2.a
5.75.080 Collection, Return and Disposal
The City may, either on its own or by contracting with a third -party, collect, return, and
dispose of any lost, stolen or abandoned shopping Cart. There will be a fee charged to the
Cart owner for each Cart returned or disposed. This fee will be set by Council resolution.
Packet Pg. 244