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2024-02-27 Council Packet2 3 4 5 6 of c�,y s Agenda Edmonds City Council REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 FEBRUARY 27, 2024, 7:00 PM PERSONS WISHING TO JOIN THIS MEETING VIRTUALLY IN LIEU OF IN -PERSON ATTENDANCE FOR THE PURPOSE OF PROVIDING AUDIENCE COMMENTS CAN CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR COMMENT BY PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 THOSE COMMENTING USING A COMPUTER OR SMART PHONE ARE INSTRUCTED TO RAISE A VIRTUAL HAND TO BE RECOGNIZED. PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS BY DIAL -UP PHONE ARE INSTRUCTED TO PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE. WHEN YOUR COMMENTS ARE CONCLUDED, PLEASE LEAVE THE ZOOM MEETING AND OBSERVE THE REMAINDER OF THE MEETING ON THE COUNCIL MEETINGS WEB PAGE. REGULAR COUNCIL MEETINGS BEGINNING AT 7:00 PM ARE STREAMED LIVE ON THE COUNCIL MEETING WEBPAGE, COMCAST CHANNEL 21, AND ZIPLY CHANNEL 39. "WE ACKNOWLEDGE THE ORIGINAL INHABITANTS OF THIS PLACE, THE SDOHOBSH (SNOHOMISH) PEOPLE AND THEIR SUCCESSORS THE TULALIP TRIBES, WHO SINCE TIME IMMEMORIAL HAVE HUNTED, FISHED, GATHERED, AND TAKEN CARE OF THESE LANDS. WE RESPECT THEIR SOVEREIGNTY, THEIR RIGHT TO SELF-DETERMINATION, AND WE HONOR THEIR SACRED SPIRITUAL CONNECTION WITH THE LAND AND WATER. - CITY COUNCIL LAND ACKNOWLEDGMENT CALL TO ORDER/FLAG SALUTE LAND ACKNOWLEDGEMENT ROLL CALL APPROVAL OF THE AGENDA AUDIENCE COMMENTS THIS IS AN OPPORTUNITY TO COMMENT REGARDING ANY MATTER NOT LISTED ON THE AGENDA AS CLOSED RECORD REVIEW OR AS A PUBLIC HEARING. SPEAKERS ARE LIMITED TO THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE. RECEIVED FOR FILING Edmonds City Council Agenda February 27, 2024 Page 1 1. Outside Boards and Committee Reports (0 min) 2. Written Public Comments (0 min) 3. Claim for Damages for filing (0 min) 7. APPROVAL OF THE CONSENT AGENDA 1. Approval of Special Meeting/Council Retreat Minutes February 2, 2024 2. Approval of Special Meeting/Council Retreat Minutes February 3, 2024 3. Approval of Committee Meeting Minutes February 13, 2024 4. Approval of claim checks and wire payment. 5. Approval of payroll and benefit checks, direct deposit and wire payments. 6. Confirm Appointment of ESCC Candidate 7. Interlocal Agreement with Alliance for Housing Affordability (AHA) 8. COUNCIL BUSINESS 1. 2024 Budget Amendment Requests (10 min) 2. City of Edmonds Facility Condition Assessment update by Mckinstry (30 min) 3. Update on 2024 Transportation Plan, including Multimodal Level of Service (MMLOS) (20 min) 4. AMD2023-0008 ADU Code Amendment Accessory Dwelling Unit Code Amendment to allow for Detached Accessory Dwelling Units — "Expanding housing options by easing barriers to the construction and use of accessory dwelling units in accordance with HB 1337." (30 min) 9. COUNCIL COMMENTS 10. MAYOR'S COMMENTS ADJOURNMENT Edmonds City Council Agenda February 27, 2024 Page 2 6.1 City Council Agenda Item Meeting Date: 02/27/2024 Outside Boards and Committee Reports Staff Lead: Council Department: City Council Preparer: Beckie Peterson Background/History Outside Boards and Committee Reports will be submitted to the Received for Filing portion of the agenda for last meeting of the month. Staff Recommendation N/A Narrative The Council is asked to review the attached committee reports/minutes from the following organizations: Community Transit Edmonds Public Facilities District Board Port of Edmonds Snohomish County Tomorrow Seashore Transportation SnoCom 911 Attachments: 02.01.24 Board Packet pfd-board-meeting-minutes-11-30-2023 Port Of Edmonds _ Commission Meeting Minutes 1-8-24 SCT Steering Committee 12.6.2023 Seashore Minutes 01.05.2024-2 Seashore Minutes 12.1.2023 SN0911-Boa rd-Agenda-20240215 Packet Pg. 3 I 6.1.a I BOARD OF DIRECTORS' Thursday c mmunity HYBRID MEETING AGENDA February 1, 2024 transit �� Snohomish County Public Transportation Benefit Area Corporation 3:00 p.m. Community Transit Board Room - 2312 W Casino Road, Everett, WA 98204 Board Meeting Virtual Participation Zoom Webinar: https://us02web.zoom.ush/87858511746?pwd=UVZwc3doeW41 LOP RS F BZbVBVVWI h QT09 Webinar ID: 878 5851 1746 Passcode: 433505 Phone: 1-253-215-8782 Watch Live Livestream: https://bit.ly/CTPublicMtgsYouTube Executive Session (Board Members & Alternates) Zoom Meeting: https://us02web.zoom.us/a/86124416020?pwd=QWZZcaZVNk43OW43RORONHVEMVFmQT09 Meeting ID: 861 2441 6020 Passcode: 626581 Phone: 1-253-215-8782 1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC COMMENT* Verbal Comment: Sign up to speak by completing this Sign Up Form. Requested by 3 p.m. January 31 Written Comment: Email executiveoffice(a�-commtrans.org. Requested by 3 p.m. January 31. 4. PRESENTATIONS** a. City of Everett/Community Transit Joint Study Update 5. CHIEF EXECUTIVE OFFICER'S REPORT 6. COMMITTEE REPORTS a. Executive Committee — Chair Schuette b. Finance, Performance, & Oversight Committee — Mayor Roberts C. Strategic Alignment & Capital Development Committee — Council Member Merrill 7. CONSENT ITEMS** 3. Approve minutes of the January 4, 2024 Board Meeting. L Award: RFP #2021-082, Swift BRT Shelter Manufacturing & Parts Supports. C. Approve vouchers dated December 1, 2023 in the amount of $2,413,363.34 d• Approve vouchers dated December 8, 2023 in the amount of $2,443,995.06 e. Approve vouchers dated December 15, 2023 in the amount of $4,039,468.52 f. Approve vouchers dated December 22, 2023 in the amount of $2,067,685.65 9. Approve vouchers dated December 29, 2023 in the amount of $4,377,638.56 h. Approve December 2023 Payroll: i. Direct Deposits Issued, #447585-450212 in the amount of $6,700,992.75 ii. Paychecks Issued, #111694-111789 in the amount of $98,874.80 iii. Employer Payroll Tax Deposits in the amount of $725,276.98 iv. Employer Deferred Compensation for IAM in the amount of $17,854.84 Page 1 of 2 *Advance sign up for verbal public comments is not required but requested to support meeting administration. **Indicates attachment 2312 W Casino Road Everett, WA 98204 (425) 348-7100 www.communitytransit.o Packet Pg. 4 6.1.a 8. ACTION ITEMS** & Award ITB #2024-004, Purchase of 25 Hybrid Vans Vanpool — Brendan Works L Approve Resolution No. 01-24, Board Member Per Diem — Rachel Woods 9. CHAIR'S REPORT 10. EXECUTIVE SESSION 11. OTHER BUSINESS** & Election of Board Officers L Selection of Puget Sound Regional Council Representatives 12. BOARD COMMUNICATION 13. ADJOURN Board materials are available at www.communitVtransit.org/board-of-directors. In compliance with the Americans with Disabilities Act, those requiring accommodation for meetings should notify the executive office at least 24 hours prior to the meeting at 425-348-7100 (TTY Relay 711) or executiveoffice(a)-commtrans.org. Page 2 of 2 Advance sign up for verbal public comments is not required but requested to support meeting administration. —Indicates attachment N O O. d a� a� E E O U c CU N L MO W w O 1 U f� a. L MO W Iq N O N O C d E t C,1 Q 2312 W Casino Road Everett, WA 98204 (425) 348-7100 www.communitytransit.org Packet Pg. 5 6.1.b Edmonds Public Facilities District Board of Directors Meeting November 30, 2023 The Edmonds Public Facilities District Board hybrid meeting convened at 7:30 am in the Edmonds Center for the Arts Green Room, 410 4th Avenue North, Edmonds, and via Zoom. EPFD Board Members Present Ray Liaw, President Bill Willcock, Vice President Suzy Maloney David Brewster Wayne Grotheer ECA Board Members Present David Schaefer, President ECA Staff Present Kathy Liu, Executive Director Lori Meagher, Associate Executive Director Guests Will Chen, City Council Liaison 1. Call to Order Board President Liaw called the meeting to order. 2. Land Acknowledgement & Equity Statement Board VP Willcock read the Land Acknowledgement Statement and the Equity Statement. 3. Agenda Review and Approval Board President Liaw advised the agenda needed to be amended to add an executive session after the Executive Director's Update in accordance with RCW 42.30.110(g) to review the performance of a public employee; add an agenda item, Extending Interim Director Position for One Month, following the executive session; and add Approval of the October 26 Meeting Minutes to the consent agenda. BOARD MEMBER BREWSTER MOVED TO AMEND THE AGENDA TO ADD AN EXECUTIVE SESSION IN ACCORDANCE WITH RCW 42.30.110(G) TO REVIEW THE PERFORMANCE OF A PUBLIC EMPLOYEE, ADD APPROVAL OF THE OCTOBER 26 MEETING MINUTES TO THE CONSENT AGENDA, AND ADD AN AGENDA ITEM, EXTENDING INTERIM DIRECTOR'S POSITION FOR ONE MONTH. BOARD VP WILLCOCK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. BOARD MEMBER MALONEY MOVED TO APPROVE THE AGENDA AS AMENDED. BOARD MEMBER GROTHEER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4. Board President's Comments Board President Liaw commented the EPFD/ECA made it through another year. Assuming the EPFD Board will not meet in December, she commended staff and boards for their incredible work in 2023. 5. Public Comment Edmonds Public Facilities District Board Draft Minutes November 30, 2023 Page I Packet Pg. 6 6.1.b There were no public comments 6. Consent Agenda EPFD Board Minutes — October 26, 2023 EPFD Disbursement Report: October 2023 BOARD MEMBER GROTHEER MOVED TO APPROVE THE CONSENT AGENDA. BOARD MEMBER BREWSTER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Old Business • Prior Action Items Review Ms. Meagher reviewed progress on action items from the previous meeting and identified outstanding items (see Action Items below). • November Staff Report — Questions/Comments? Board comments included appreciation to staff for their work, appreciation for Production Manager Echo Johnson's comments about the impacts of COVID, kudos to the team for working with new challenges that are a reality, and pleasure at the return of KidStock!. 7. PFD Board Business • FY2024 Final Budget Ms. Meagher advised the final draft 2024 budget was reviewed by the admin & finance committee yesterday. Differences between the budget presented to the EPFD at their last meeting included changes to the production team staffing and contracting for a lighting designer which reduced the FTE by 0.25 and increased the budget by $2,400. She reviewed the projected 2024 operating loss; capital expenditures budgeted in 2024; inclusion of some projects from the Building Condition Study related to universal access, orchestra pit remediation, and boys locker room remediation; system upgrades to streamline departments and increase productivity; five year projection; and strategy for reaching a positive operating model. Questions and discussion followed regarding artists' requests for more accessible restrooms and dressing rooms, whether upgrading the men's restroom is being considered, formation of a taskforce related to universal access and creation of short and long term strategies, prioritizing the list of upgrades identified at the retreat, funds set aside for potential renovations based on the building assessment, funds budgeted to be moved to the board designated fund in 2024, strategy for reaching a positive operating model, appreciation for scheduling a special meeting to focus on the budget and doing that the future, increase in the number of shows in 2024, investments in staff to increase revenues and programming, assigning percentages of the development budget to individuals, holding department heads accountable through KPIs, reviewing weighting of development versus revenue in the annual reports of other nonprofits in the region, and plans to combine the marketing and donor databases. Questions and discussion continued regarding the availability of grants, considering both people and processes, commendation to staff on their work in 2023, Covid demonstrating the organization's ability to pivot quickly, historical perspective of ECA and benchmarking it against Edmonds Public Facilities District Board Draft Minutes November 30, 2023 Page 2 Packet Pg. 7 6.1.b like organizations, what the organization's obligation is to make a profit, the level of loss the EPFD Board is comfortable operating at, how similar organizations have faced capital challenges, differences between the EPFD/ECA and most nonprofits due to the public facilities district and tax revenue, original intent for the ECA to be rental venue, operating with a balanced budget to reserve funds for capital improvements and renovations, requesting the development department provide monthly or bimonthly updates to the EPFD Board, scheduling a joint meeting with the EPFD Board & the philanthropy committee, scheduling a joint mid -year meeting with the admin & finance committee if there are significant adjustments to the budget, departments preparing a capital outlook, and concern the capital budget is driven by what the organization can afford, not what is actually needed. BOARD MEMBER BREWSTER MOVED TO APPROVE THE 2024 BUDGET. BOARD VP WILLCOCK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.. • Executive Director Onboarding Update Board President Liaw reported Ms. Liu was provided the onboarding plan on Monday. The plan includes a 30, 60, 90 day bulleted matrix format to ensure boards and staff are getting her up to speed as quickly as possible. She, EPFD Board VP Willcock, and ECA Members Lindsay Geyer and Matt Cox will continue to meet with Ms. Liu on monthly basis. Ms. Liu reported even without an onboarding plan, there was an understandable structure her first few weeks. She has met with department heads and has begun meeting with EPFD, ECA and Emeritus board members and community members including councilmembers and other legislators. She and Mr. Mclalwain plan to schedule a time for him to provide her the full history of the ECA which will be recorded for prosperity. 8. PFD Committee Reports Board Member Maloney reported she was unable to attend 4th Avenue Cultural Corridor meeting. Ms. Meagher reported the consultant provided a preliminary report. Due to numerous errors, and the group requested an updated report and a project estimate which will be provided at their next meeting. Board Member Grotheer reported the IDEA committee is working on defining the cultural of the ECA as it relates to IDEA issues. The facilities and operations committee is working on universal access and the findings of Mithun's building assessment. Board Member Brewster relayed he was unable to attend the education and community outreach committee meeting; the agenda included updates on KidStock! and summer camp planning. There has not been any activity at the Association of WA State PFDs; he anticipated more activity next year including planning to cohost the 2024 conference with Lynnwood and Everett. Ms. Meagher advised dates for the conference are being coordinated. The Snohomish County PFDs leadership will be meeting with the lobbyist to develop information to present to the legislature related to extending the sales tax legislation to 2051. Board VP Willcock reported on the philanthropy committee, current projections indicate the development budget commitments will not be reached for 2023. The committee discussed how to do better going forward including a more analytical approach to key performance indicators, balancing dollars per headcount, creating a grant calendar, etc. The admin & finance committee reviewed the 2024 budget yesterday and recommended forwarding it to the EPFD. Edmonds Public Facilities District Board Draft Minutes November 30, 2023 Page 3 Packet Pg. 8 6.1.b Ms. Liu reported the education committee is working on a child safety policy that will be implemented as an HR practice prior to KidStock! The policy has been approved by the education committee, it will be reviewed the admin & finance committee followed by implementation by staff and boards. Discussion followed regarding whether facilities and operation has discussed the general safety of patrons such as outdoor lighting and indoor air quality, and monthly safety committee meetings that addresses safety issues. Board President Liaw reported the hosting committee continues to work on a hosting policy. The Boys & Girls Club meeting is on hiatus until the Mithun study is completed. Ms. Meagher reported the Snohomish County PFD's quarterly meeting included updates from each PFD and planning for extending the sales tax legislation. 9. Associate Executive Director Update • Operations Update o Interlocal & Administrative Agreements between EPFD and ECA Ms. Meagher referred to the original interlocal & administrative agreements between EPFD and ECA included in the packet, relaying edits have been made over the years, but none of them were signed. The issue of the agreements arose related to insurance for a bounce house at Kidstock! which now requires hiring a company that has their own insurance to setup and staff the bounce house. As a result, the bounce house has been removed from Kidstock! Discussions with Enduris, the EPFD's insurance carrier, brought up the joint operating agreement between the two entities and the realization of how outdated it is. She is in the process of preparing a joint operating agreement to present to the EPFD next month. Discussion following regarding creating a document that describes the relationship between the EPFD and ECA before updating the interlocal and administrative agreements, reviewing and potentially including the unsigned edits, involving the attorney in any revisions, considering what is currently being done and what potentially should be changed, whether other agreements exist that need to be considered, key documents, involving Enduris, and considering the ILA between the City and EPFD. • Facilities Update o Building Envelope & Seismic Assessment Update Ms. Meagher reported there was a meeting with Mithun yesterday to bring Ms. Liu up-to-date and review the preliminary results of the study and possible options for the gym, the 1921 admin building and the building envelope. They plan to meet again in mid -December and Mithun will provide a final report in February. Ms. Meagher offered to send the preliminary report to EPFD board members. • Finance Update o October Financials Ms. Meagher reviewed operating revenues, highlighting presented events, concessions and HPF; rentals and leases; contributed revenue and operating grants; and total operating revenue. She reviewed operating expenses highlighting presented events and concessions, advertising and marketing, education and outreach, development, payroll and employee benefits, facilities maintenance and utilities, other expenses, total operating expenses, and operating surplus (loss). Edmonds Public Facilities District Board Draft Minutes November 30, 2023 Page 4 Packet Pg. 9 6.1.b She reviewed non -operating revenues and expenses, and total surplus (loss). She reviewed the Cash Flow Projections by Month projected as of October 2023 and ending cash -all funds. Discussion followed regarding identifying a season sponsor, whether to transfer more to the board designated fund in 2023, and whether funds in the board designated fund or 2024 tax revenues would be used to offset the operating loss. o ECA 990 Update Ms. Meagher reported the 990 submitted to the IRS met the nonprofit obligation. • Ticket Sales Update Ms. Meagher reported tickets issued for fall are at 71 % and spring are at 36%. There are areas of opportunity and marketing is doing great job marketing shows. There are still a lot of last minute ticket purchases. This year's Black Friday special focused on shows where ticket sales need attention. She encourage boards members to talk about shows to improve ticket sales. Discussion followed regarding changing the column in the ticket sales report that compares ticket sales to capacity to a comparison of actual ticket sales to budgeted ticket sales, and replacing Ticket Sales Update on the agenda with a report that has more impact on the organization's financial health such as grants, capital projects, rentals, etc. • Development Update o Gala Ms. Liu reported the Gala was a great success financially, exceeding the goal by $30,000. She commended staff, boards and volunteers for making the Gala a success. She was impressed, overwhelmed and grateful for how warm and welcoming the community was. She reported on yearend fundraising including a Giving Tuesday campaign, and staff's focus on the yearend appeal. She responded to a question regarding the target for the yearend campaign. 10. Executive Director Update • Joint Board & Staff Leadership Retreat Ms. Liu reported she has been organizing the priorities from the joint board and staff leadership retreat into a spreadsheet which she will present to the steering committee tomorrow. She offered to report out on that discussion to the EPFD Board at the next meeting. • Strategic Planning Update Ms. Liu relayed at the last steering committee, she proposed moving the strategic plan process to 2025 and during 2024, develop and issue an RFP by the end of September, and hire a consultant by January 2025. She is developing a timeline that she will present to the steering committee in January. She relayed Mike Rosen has resigned from the ECA Board but will continue to provide input on priorities identified at the retreat. Discussion followed regarding using discussion from the 2023 joint board and staff leadership retreat to guide operations during 2024. • Organizational Capacity Edmonds Public Facilities District Board Draft Minutes November 30, 2023 Page 5 Packet Pg. 10 6.1.b Ms. Liu reported on her plans to discuss organizational capacity with department heads, likely beginning with production and front of house to determine the capacity for presenting productions and manning the front of house, followed by rentals/presentations and what that means for revenues. 11. Executive Session Pursuant to RCW 42.30.110(g), the EPFD Board will conduct an executive session to review the performance of a public employee. At 9:04 am, Board President Liaw recessed the EPFD Board to a 10 minute executive session regarding the item listed. The meeting was reconvened at 9:14 am. 12. New Business • Extending the Interim Director's Position for One Month Board President Liaw explained the interim director position was originally through the end of October. BOARD MEMBER BREWSTER MOVED TO EXTEND THE INTERIM DIRECTOR'S ROLE FOR ONE MONTH TO THE END OF NOVEMBER. BOARD VP WILLCOCK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Board President Liaw suggested cancelling the December EPFD Board meeting. BOARD MEMBER MALONEY MOVED TO CANCEL THE DECEMBER EPFD BOARD MEETING. BOARD MEMBER BREWSTER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Adjourn The meeting was adjourned at 9:16 a.m. Next EPFD Board Meeting: Thursday, January 25, 2024 - 7:30 AM ACTION ITEMS: 1. Forward Mithun's preliminary Building Envelope & Seismic Assessment to EPFD Board 2. Prepare analysis of ticket sales'22-23 compared to '18-19 3. Have grant writer create spreadsheet with analysis of available grants versus grants applied for and grants received. Circulate to EPFD Board prior to the next meeting 4. Create policy regarding use of funds in the Mclalwain Access Fund 5. Amend procurement policy to reflect statutory amendment taking effect in 2024 and internal changes related to authorizing contracts. Send EPFD Board existing procurement handbook/policy 6. Development department provide EPFD Board regular (monthly or bimonthly) updates 7. Hold joint EPFD Board/Philanthropy Committee meeting 8. Hold a joint EPFD Board/Admin & Finance Committee meeting if there are significant mid- year adjustments to the budget 9. Create document that describes the relationship between the EPFD and ECA Edmonds Public Facilities District Board Draft Minutes November 30, 2023 Page 6 Packet Pg. 11 6.1.b 10. Prepare Joint Operating Agreement 11. Change column in Ticket Sales Report that compares ticket sales to capacity to a comparison of actual ticket sales to budgeted ticket sales 12. Consider replacing Ticket Sales Update on the agenda with a report that has more impact on the organization's financial health such as grants, capital projects, rentals, etc. 13. Ms. Liu report to EPFD Board on discussion with the steering committee regarding prioritization of items identified at joint board & staff retreat 14. Cancel the December EPFD Board meeting. Edmonds Public Facilities District Board Draft Minutes November 30, 2023 Page 7 Packet Pg. 12 2/20/24, 10:59 AM Port Of Edmonds I Commission Meeting Minutes 1-8-24 PORT COMMISSION OF THE PORT OF EDMONDS MINUTES OF REGULAR MEETING (Zoom —Hybrid Meeting) January 8, 2024 COMMISSIONERS PRESENT Steve Johnston, President Jay Grant, Secretary 0 Janelle Cass a David Preston m r Selena Killin E E 0 U STAFF PRESENT M Angela Harris, Executive Director 0 Brandon Baker, Deputy Executive Director ca m Brittany Williams, Manager of Properties and Economic a� N Development r.+ 0 OTHERS PRESENT Jordan Stephens, Port Attorney Will Chen, Edmonds City Council John Brock, Town of Woodway I. CALL TO ORDER President Johnston called the meeting to order at 7:00 p.m. II. CEREMONIAL SWEARING IN OF ELECTED COMMISSIONERS Jim Orvis, having served the Port of Edmonds from 2004-2023 as Commissioner at Large, delivered a ceremonial swearing in of Commissioners Selena Killin and David Preston. III. FLAG SALUTE All those in attendance participated in the Pledge of Allegiance to the American Flag. IV. APPROVAL OF AGENDA https://www.portofedmonds.org/70018^2/^ ^ ^^ ^w'r^ .. ^ ^^ ^ ^^` 'r^ T^ ^ ^^^^` 'r T, 'r ^ ^r^'^ ^ ^ ^ Packet Pg. 13 2/20/24, 10:59 AM Port Of Edmonds I Commission Meeting Minutes 1-8-24 UUIVIIVIIJJIUIVCK UAbb IVIUVCU I U HF'F NUVC I ML AULINUHHJ SUBMITTED. COMMISSIONER PRESTON SECONDED THE 6.1.c MOTION, WHICH CARRIED UNANIMOUSLY. V. PUBLIC COMMENTS Edmonds City Councilmember Will Chen welcomed new Commissioner Killin and congratulated Commissioner Preston. He also clarified the City of Edmonds relationship with South County Fire. VI. CONSENT AGENDA COMMISSIONER GRANT MOVED THAT THE CONSENT AGENDA BE APPROVED TO INCLUDE THE FOLLOWING ITEMS: APPROVAL OF DECEMBER 11, 2023 MEETING MINUTES APPROVAL OF PAYMENTS FOR DECEMBER 29TH $283,151.14 AND JANUARY 8TH $227,418.43 APPROVAL OF WAIVER OF NOTICE OF SPECIAL MEETINGS APPROVAL OF FIRST AMENDMENT TO EXECUTIVE DIRECTOR EMPLOYMENT AGREEMENT COMMISSIONER CASS SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. VII. POSSIBLE ACTION A. Approval for Harbor Square Atrium Window Repair Executive Director Harris provided background, fiscal impact, and staff recommendation for moving forward with the Harbor Square Atrium Window repair. COMMISSIONER PRESTON MOVED THAT THE COMMISSION AUTHORIZE THE EXECUTIVE DIRECTOR TO PROCEED WITH PLANS FOR HARBOR SQUARE ATRIUM WINDOW REPAIR. COMMISSIONER GRANT SECONDED THE MOTION, WHICH https://www.portofedmonds.org/70018-2/ Packet Pg. 14 2/20/24, 10:59 AM Port Of Edmonds I Commission Meeting Minutes 1-8-24 CARRIED UNANIMOUSLY. B. Approval for Elevate Government Affairs Contract Amendment Executive Director Harris provided background, fiscal impact, and staff recommendation for moving forward with the Elevate Government Affairs contract amendment. COMMISSIONER JOHNSTON MOVED THAT THE COMMISSION AUTHORIZE THE EXECUTIVE DIRECTOR TO AMEND ELEVATE GOVERNMENT AFFAIRS CONTRACT, EXTENDING THROUGH APRIL 2025 AND ADDING ADDITIONAL STATE LOBBYING SERVICES IN AN AMOUNT NOT TO EXCEED $120,000. COMMISSIONER GRANT SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. C. Approval for Port of Edmonds to join PNWA Executive Director Harris provided background, fiscal impact, and staff recommendation for joining Pacific Northwest Waterways Association for 2024 COMMISSIONER KILLIN MOVED THAT THE COMMISSION AUTHORIZE THE EXECUTIVE DIRECTOR TO PROCEED WITH JOINING THE PACIFIC NORTHWEST WATERWAYS ASSOCIATION IN 2024. COMMISSIONER PRESTON SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. D. Resolution No. 24-01 Confirming Schedule & Location of Meetings Executive Director Harris reviewed the request to confirm schedule and location of meetings. COMMISSIONER JOHNSTON MOVED THAT THE COMMISSION APPROVE RESOLUTION NO. 24-01 RECONFIRMING THE SCHEDULE AND LOCATION OF THE PORT OF EDMONDS COMMISSION MEETINGS FOR 2024 PER THE 2024 COMMISSION MEETING SCHEDULE. COMMISSIONER CASS https://www.portofedmonds.org/70018-2/ I Packet Pg. 15 2/20/24, 10:59 AM Port Of Edmonds I Commission Meeting Minutes 1-8-24 SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY E. Election of Commission Officers Commission President Johnston opened the floor for nominations for President. Commissioner Preston nominated Commissioner Grant for President. No other nominations were received. Commission President Johnston closed nominations. COMMISSIONER PRESTON MOVED THAT THE COMMISSION APPOINT COMMISSIONER GRANT AS COMMISSION PRESIDENT FOR 2024, EFFECTIVE JANAUARY 9, 2024. COMMISSIONER CASS SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. Commission President Johnston opened the floor for nominations for Vice President. Commissioner Killin nominated Commissioner Preston for Vice President. No other nominations were received. Commission President Johnston closed nominations. COMMISSIONER KILLIN MOVED THAT THE COMMISSION APPOINT COMMISSIONER PRESTON AS COMMISSION VICE PRESIDENT FOR 2024, EFFECTIVE JANAUARY 9, 2024. COMMISSIONER CASS SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. Commission President Johnston opened the floor for nominations for Secretary. Commissioner Grant nominated Commissioner Cass for Secretary. No other nominations were received. Commission President Johnston closed nominations. COMMISSIONER GRANT MOVED THAT THE COMMISSION APPOINT COMMISSIONER CASS AS COMMISSION SECRETARY FOR 2024, EFFECTIVE JANAUARY 9, 2024. COMMISSIONER JOHNSTON SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. VIII. INFORMATION https://www.portofedmonds.org/70018-2/ I Packet Pg. 16 2/20/24, 10:59 AM Port Of Edmonds I Commission Meeting Minutes 1-8-24 A. Oath of Office Commission President Johnston noted that Selena Killin took her Oath of Office on December 28, 2023 at 9:00am. David Preston took his Oath of Office on January 3, 2024 at 9:30am. B. Committee Assignments Executive Director Harris provided brief overview of the committee's for 2024, with incoming Commission President Grant noting he will reach out or commissioners can reach out to him with their interest in the committee's. Committee assignments will be finalized in the January 29, 2024 meeting. IX. CITY OF EDMONDS AND TOWN OF WOODWAY REPORTS Councilmember Chen announced he will be the City of Edmonds liaison for the Port of Edmonds for 2024 and is looking forward to working with the Port in this role. X. EXECUTIVE DIRECTOR'S REPORT • Executive Director Harris thanked the Edmonds Yacht Club for participating in Holiday on the Docks — the Port and the public are very appreciative of their time and effort. She also thanked Manager Williams for her hard work and coordination for a great public event — Holiday Night at the Marina on December 14th. • She provided an overview of the North Portwalk and Seawall Reconstruction outreach. She will send an email with the dates for easier reference for commissioners. • She provided an update on the Administration and Maintenance Building — the four outdoor HVAC units arrived and are scheduled for install starting Wednesday, January 10th. The arrival and install dates are TBD for the remaining two indoor ceiling cassette units. Staff is planning toward a mid -February move -in. • Provided a staffing update — Director of Finance and Administration — Director Brady starts January 16th and we are currently hiring for Maintenance Utility Worker and Accounts Payable/Administration Specialist. https://www.portofedmonds.org/70018-2/ Packet Pg. 17 2/20/24, 10:59 AM Port Of Edmonds I Commission Meeting Minutes 1-8-24 XI. COMMISSIONER'S COMMENTS AND COMMITTEE REPORTS • Commissioner Killin commented she is grateful to be a commissioner and looking forward to starting her service to the Port. • Commissioner Cass reported that she has been requested to speak at Daybreakers Rotary on March 5, 2024 and is working with the Executive Director on the presentation and planning. She has asked if they can move the date to February instead of March in case there is an earlier opening so we can provide an earlier update on the North Portwalk and Seawall Reconstruction project. • Commissioner Preston is looking forward to this year, with the new team, and commented on the positive momentum in progress. He asked Deputy Executive Director Baker about plans for the Boat Show. Director Baker will be attending, if any commissioners want to attend with him, please reach out. Manager Williams commented she will be sending out an email to commissioner and select staff on the details of the boat show. • Commissioner Grant welcomed Councilmember Chen and reported he met with Mayor Rosen. He also mentioned some key city issues — 2024 budget and the Ebb Tide decision. He feels we have an exciting team at the City of Edmonds and is looking forward to the year. He also mentioned that it looks like Town of Woodway will be taking over the Point Wells jurisdiction in February. He will be looking over the committee assignments and connecting with commissioners. • Commissioner Johnston reported he will be in person at the next meeting and the January 31 Strategic Planning Workshop. He brought up discussion on our response to the WPPA Port Day, February 1st and 2nd, noting that if we don't have two commissioners attending he will try to modify plans to attend. Discussion was then held on ensuring coordinated booking with the legislators for whomever is attending. Commissioner Grant stated he plans to attend. XII. ADJOURNMENT The Commission meeting was adjourned at 7:44 p.m. https://www.portofedmonds.org/70018-2/ Packet Pg. 18 2/20/24, 10:59 AM Port Of Edmonds I Commission Meeting Minutes 1-8-24 Respectfully submitted, Janelle Cass Port Commission Secretary TAGS: 2024 Port of Edmonds Meeting Minutes, Approval 2t for Elevate Government Affairs Contract Amendment, 0 a m a Approval for Harbor Square Atrium Window Repair, m Approval for Port of Edmonds to join PNWA, CEREMONIAL r E E SWEARING IN OF ELECTED COMMISSIONERS, Committee 0 Assignments, Election of Commission Officers, Oath of c M Office, Resolution No. 24-01 Confirming Schedule & L Location of Meetings 0 m d .y r.+ 3 0 https://www.portofedmonds.org/70018-2/ I Packet Pg. 19 I 6.1.d I Stanwood Darrington Tulalip Arlington Tribes Granite Falls Marysville Snohomish County Tomorrow Everett Lake Stevens ukilteo Mill Creek Lynnwood Snohomish A GR O WTH MANA GEMENT ADVISORY COUNCIL Edmonds Mountlake Monroe Terrace Sultan Gold Index Woodway Brier Bothell Bar 1 2. 3 STEERING COMMITTEE MEETING Wednesday, December 6, 2023 Via Zoom 6:00 p.m. MEETING MINUTES Particiaatina Jurisdictions/Members City of Arlington Mayor Barbara Tolbert City of Bothell Councilmember Benjamin Mahnke City of Darrin ton Mayor Dan Rankin City of Edmonds Councilmember Vivian Olson City of Gold Bar Chuck Lie City of Mountlake Terrace Mayor Pro Tern Bryan Wahl City of Snohomish Mayor Linda Redmond City of Woodway John Brock Snohomish County Council Councilmember Nate Nehrin Snohomish County Executive Josh Dugan Community Representative Allan Giffen Community Representative Peter Battuello Other Attendees/Presenters: Snohomish County Health Department James Lewis Snohomish County Health Department Dennis Worsham Snohomish County Health Department Anthony Colinas Snohomish County DEM Lucia Schmit Snohomish County Executive Lacey Harper Snohomish County Executive Jason Biermann City of Monroe Lance Bailey SCT Manager Ann Larson Economic Alliance of Snohomish Count Rashma Agarwal Community Member Melody Tucker Call to Order: The meeting was called to order at 6:01 pm by Nate Nehring. Introductions/Roll Call Roll call was taken (as listed above). Citizen Comments No comments. Packet Pg. 20 6.1.d 4. Approval of Meeting Minutes (10-25-23) Bryan Wahl moved to approve the minutes. Josh Dugan seconded, and the motion passed unanimously. 5. Update Items a. Flooding Update, Lucia Schmit, Director, Snohomish County Department of Emergency Management b. Economic Alliance Snohomish County Update Rashma Agarwal, VP of Public Relations 6. Briefings, Discussion Items a. HART Update, Lacey Harper, Executive Director, Snohomish County Executive's Office b. Opioid Spending Plan Briefing, Jason Biermann, Senior Policy Advisor, Snohomish County Executive's Office. c. Snohomish County Health Department, Dr. James Lewis, Dennis Worsham, Tony Colinas d. SCT Manager's Report SCT Manager Ann Larson shared the SCT Committee's Report. 7. Next Meeting Date January 24, 2024 8. Adjournment The meeting was adjourned at 6:53pm by Nate Nehring. All presentations given, discussions held, and actions taken at this meeting are kept on file (via recording) in PDS until six years from December 315t of this year. Packet Pg. 21 6.1.e Seashore Minutes 01.05.2024 Meeting was called to order at 7:34am. Moved to nominate Goldman and Pobee for co-chairs. They were unanimously confirmed. CM Paine reported the Community Transit is on track for hiring and employment is going well. Genevieve Jones reported that there was no December RTC meeting, and that the January agenda hasn't been published but will likely cover new members, leadership elections, and work for 2024. There was no public comment. The December minutes were unanimously approved. Genevieve led a discussion on what topics that Seashore would like to take up in 2024. We first reviewed the list of topics covered in 2023. Chair Pobee was interested in the PSRC transportation policy board dashboard. Elsa Brown of Seattle said it would be good to review the PSRC project competition. Chair Goldman expressed interest in Vision Zero and Complete Streets. Nytasha Walters of Shoreline said Shoreline could give updates on the projects on 1451h and the ped bridge at 148tn There will be a milestone later this year on the PSRC regional climate plan that can be reported on. CM Paine asked if other jurisdictions are working on the transportation elements of their comp plan and asked if others were interested in sharing language. CM Matsumoto -Wright asked if Metro could come back and talk about Metro Flex which is also coming across the county line to Mountlake Terrace. Elsa Brown noted that the Seattle transportation element of the comp plan will be up for discussion and passage this year. Chair Goldman was interested in a recap of how we did on our 2023 legislative agenda. Nytasha Walters was interested in first and last mile approaches and also EV charging issues that cities and Metro are facing. We discussed whether we should have more in person meetings in 2024 and also if we should return to paying dues. There are questions under the Open Public Meetings Act whether we are meeting the need for access to the public. Metro made a recommendation that we should meet in the spring for an in - person meeting and in the fall for a joint in -person meeting with all three transportation boards. We also discussed dues. We haven't collected during the pandemic. Seashore has about $625 in their account. Metro would recommend that we not collect dues this year. Chair Pobee likes the idea of in -person meetings but was alright with the idea of a Seashore in -person meeting in the spring in addition to the joint meeting in the fall. Chair Goldman agreed. He did say he preferred in -person but is okay with mostly Zoom. In terms of dues, he doesn't see a big need to collect. CM Matsumoto -Wright supported meeting in the fall. Jim Hammond of Shoreline reiterated that Shoreline is willing to host anyone in -person. Chris Arkills shared that we only have three paying members. Dues money would be used in spring to provide food if Seashore met in -person. Don't think it's necessary to collect more dues. Chair Pobee asked if the time of SeaShore was the time we still wanted. Chris Arkills noted that the other two groups went to 8:00-9:00. CM Paine liked the current time and duration because it allowed for a meeting before work. CM Randolph agreed. Metro offered to synthesize these comments and come up with decisions to review with new members then formalize. Packet Pg. 22 6.1.e Amanda Pleasant -Brown introduced herself as the jurisdictional lead for King County Metro and expressed her desire to work with cities across the county. CM Paine -Donovan noted that he will be leaving the body and being replaced by CM Erin Murray. Chris Arkills noted that the group has lost three members of the group due to retirement or elections. CM Kassover from Lake Forest Park has retired. She was a co-chair and a long-time participant in this body who always asked thoughtful questions and was a strong advocate for Lake Forest Park. CM Alex Pedersen was also recognized for his service on regional boards and thoughtful questions. CM Doris McConnell from Shoreline was recognized for her long service and for leading with her heart in representing the people of Shoreline. They will all be missed. Genevieve Jones shared that Metro will do its best to reach out to cities about new members and asked for remaining members help in ensuring SeaShore's roster is full by the February meeting. The meeting was adjourned at 8:31am. Attendees: Amanda Pleasant -Brown, King County Metro Andie Parnell, Sound Cities Association Brock Howell, Snohomish County Transportation Coalition Chris Arkills, King County Metro Elsa Brown, City of Seattle Erin Murray, Mountlake Terrace Councilmember Genevieve Jones, King County Metro James Randolph, Woodinville Deputy Mayor Jamyang Dorjee, Community Transit Jeffrey Perrigo, Lake Forest Park Public Works Jim Hammond, City of Shoreline Kelly McGourty, PSRC Kyoko Mastumoto-Wright, Mountlake Terrace Councilmember Larry Goldman, Lake Forest Park Councilmember Matthew Kenna, WSDOT Mike Dee, Lake Forest Park Citizen's Commission Nytasha Walter, City of Shoreline Rory -Paine Donovan, Mountlake Terrace Councilmember Susan Paine, Edmonds Councilmember Packet Pg. 23 6.1.f SeaShore Minutes 12.1.2023 The meeting was called to order at 7:31am. Co -Chair Kassover opened the meeting and stated that this will be her final meeting as she is retiring from office. The body thanked her for her service. Genevieve Jones gave a report on the RTC meeting. The GM report touched on ridership and Water Taxi rescue. There will be no December meeting. Chris Arkills asked members of the body to consider chairmanship. Noted that Metro would be reaching out to Co -Chair Pobee. CM Goldman expressed interest. CM McConnell announced she would not be returning. The body praised her for her service. The November meeting minutes were unanimously approved. Jeremy Jewkes and Tim Barrett from WSDOT presented on the Highway System Plan. The plan presents a 20-year funding recommendation. This includes all state routes, US routes, and interstates. The vision should be sustainable and equitable. There was a needs assessment and then several funding scenarios were developed assuming different levels of funding. There were five scenarios that were sent out for comment. There is now a draft plan for the public to consider. The draft plan assumes an ambitious but reasonable level of funding increases. The plan looks at highway repair, safety and efficiency, and highway expansion. Most people supported roads being maintained at a functional level, but there was little support for closing roads or major road expansion. This was true of all areas of the state. Many people survey wanted our roads to address equity by increasing travel options, improving housing access, and creating economic opportunities. Not maintaining our roads can lead to 5X the cost to replace that road so life cycle costs are important. The recommendation is to spend $17.3B on preservation and maintenance, $5.4B for safety and efficiency, and $1.4B for strategic capacity expansion. Budget requests will need to be developed for project selection input by the legislature. Planning should include guidance and performance targets. The goal is to incorporate input and adopt the plan in 2024. There are several links to comment on the plan (included below). CM Goldman gave feedback on the scenarios presented and expressed his opposition to any expansion because it induces demand. Nytasha Walters of Shoreline asked about the alignment of this plan with the state's climate goals. Shoreline is focused on complete streets and multimodal improvements. Co -Chair Kassover mentioned Vision Zero and safety and asked whether these goals are reflected in this plan. She also asked for clarification about what expansion is. Answer: An example is 509, but improvements to interchanges or major projects like SR 520 could be included. Some Vision Zero design is reflected in the plan, but not policy decisions like speed limit changes, etc. The chair stressed that there is a lot of evidence that good design can influence safety. Brock Howell commented that budget requests don't always reflect the plan and asked if there is a strategy to make sure decision makers are hitting those targets. Answer: We don't tell the legislature what to do, but we make recommendations. Packet Pg. 24 6.1.f Kelly McGourty of PSRC and Peter Heffernan of King County Metro presented on the upcoming PSRC Project Selection Process. Kelly described an overview of the entire PSRC process. The PSRC allocates $90M of FHWA funds and $280M in FTA funds each year. PSRC bases decisions on the Vision 2050 plan and the Regional Transportation Plan. The process is conducted every two years. There is a regional competition as well. There is an emphasis on safety, climate, and equity. The equity criteria were considerably strengthened in the past few years and there is a new Equity Pilot. The policy framework will be adopted in January and the project selection process will be conducted in February to June. Peter Heffernan from King County Metro described the King County process of which he is the chair. There is funding from CMAQ that must have air quality benefits but can't fund general purpose roadways. There are also STP funds which are more flexible. There are 36 applications available for the region. King County has 12 proposals to submit. There are 20 candidate proposals. Each transportation board recommends five proposals. King County gets four proposals, and the Port of Seattle gets one. The Seashore projects need to include three from Seattle and two from other member cities. This body will pick proposals at the February or March meetings. In July, PSRC will review and approve the final funding distribution. CM Goldman asked whether there was no vote at the last cycle. Answer: Seattle got a special funding for the West Seattle Bridge which limited the number of applications they could submit so no vote was needed but PSRC likely came to SeaShore and gave an overview of the projects without asking for a vote. King County gets about $56M for Countywide programs divided into various sizes of jurisdictions and there are separate funding buckets for non -motorized and preservation needs. Chair Kassover asked how Lake Forest Park fits into funding competitions because they have no centers, but they are a pass -through city. Answer: SR 522 is certainly eligible for funding. Lake Forest Park would compete with like sized cities. Transit and non -motorized projects would certainly be eligible. Chriss Arkills led the membership in a discussion of the legislative agenda letter. There were no changes in first two paragraphs. There were no additional projects from Seattle's Elsa Brown, who feels comfortable with language and is still discussing work on the Aurora Avenue Project and funding in the state transportation. This is included in the pedestrian infrastructure north of 851h-There were no additions to the Corridors and infrastructure section. Nytasha Walters of Shoreline asking that a funding gap on 1451h be included in the letter. Members approved the inclusion. Co -Chair Kassover thanked the body for including equity considerations. Co -Chair Kassover commends the effort of the body and is pleased with the Vision Zero addition and was surprised it was missing from WSDOT presentation earlier. No more changes were made. Chris Arkills stated that a final proof would be done and that it would be sent along to legislators upon approval. Members unanimously approved Seashore's 2024 legislative agenda. Chris Arkills thanked Councilmember Kassover for her leadership in SeaShore. The meeting adjourned at 9:55am. Packet Pg. 25 6.1.f Attendees• Co -Chair Phillippa Kassover, Lake Forest Park Councilmember Larry Goldman, Lake Forest Park Councilmember Doris McConnell, Shoreline Mayor Kyoko Matsumoto Wright, Mountlake Terrace Councilmember Susan Paine, Edmonds Phillip Hill, Lake Forest Park City Administrator Jeffrey Perrigo, Lake Forest Park Public Works Kelly Snyder, Snohomish County Public Works Director Amanda Pleasant -Brown, King County Metro Peter Heffernan, King County Metro Chris Arkills, King County Metro Genevieve Jones, King County Metro Elsa Brown, City of Seattle Nytasha Walter, City of Shoreline Andie Parnell, Sound Cities Association Mike Dee, Lake Forest Park Citizen's Commission Tim Barrett, WSDOT Matthew Kenna, WSDOT Kelly McGourty, PSRC Chris Eaves, Seattle DOT Brock Howell, Snohomish County Transportation Coalition Erik Ashlie-Vinke, Sound Transit Links• • WSDOT 2024 Highway Plan Open House (closes 12/15/2023) • Highway System Plan website • WSDOT blog posts o httas://wsdotbloe.bloesDot.com/search/label/2024%20Hiehwav%20Svstem%20Plan o https://www.facebook.com/wsdot o https://twitter.com/wsdot o https://www.instagram.com/wsdot/ o Email us at hsp@wsdot.wa.gov Packet Pg. 26 6.1.g SNOHOMISH COUNTY SNOHOMISH COUNTY 911 BOARD OF DIRECTORS BOARD MEETING AGENDA s = February 15, 2024 at 8:30 a.m. 0 Hybrid Meeting - In Person and Zoom Physical location: South County Fire HQ - Commissioners Board Room 12425 Meridian Ave South, Everett. https://us02web.zoom.us/i/86274396181 Meeting ID: 860 00 46 6014, Passcode: 195881 or dial +1 253 215 8782 1. Call to Order A. Roll Call B. Announcements C. Public Comment Policy: Public Comments limited to 3 minutes on discussion items related to agency business. 2. Public Comments 3. Approval of Agenda 4. Consent Agenda A. Minutes from the January 18, 2024 Regular Board Meeting B. January 2024 Blanket Voucher & Payroll Approval Form: i. Checks 1032 -1033, 18362 - 18482, for a total of $3,676,840.63 ii. Payroll Direct Deposit, in the amount of $1,328,250.84 5. Executive Session 6. Old Business A. Committee Assignments 7. New Business A. APF — 2023 Year End Budget Actions B. APF — Paging System Replacement C. APF — Surplus Radio Equipment D. 2024 SN0911 Board Caucus Meetings E. Insurance Coverages Updates 8. Reports A. Agency Report B. New Facility Project Update C. Radio Replacement Project (RRP) Packet Pg. 27 6.1.g D. Police TAC (no meeting) E. Fire TAC (meeting next week) 9. Committee Reports A. Finance Committee B. Personnel Committee (no meeting) C. Future Facility Committee (no meeting) D. EMS Joint Task Force E. County EESCS Committee (formerly County E911 Office) F. County ECSF Program Advisory Board 10. Good of the Order 11. Adjourn - The next meeting is scheduled for March 21, 2024 Packet Pg. 28 s.2 City Council Agenda Item Meeting Date: 02/27/2024 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 February 13, 2024 and February 19, 2024. Attachments: Public Comment February 27, 2024 Packet Pg. 29 6.2.a Edmonds City Council Public Comments — February 27, 2024 Online Form 2024-02-14 01:57 PM(MST) was submitted by Guest on 2/14/2024 3:57:23 PM (GMT- 07:00) US/Arizona FirstName Al LastName Snapp Email CityOfResidence Edmonds AgendaTopic report of recent committee meetings Comments I appreciate hearing plans from Rob English about main street revisions. I would hope that before the work is begun the plans might themselves be considered for revision. The important questions raised by CM Dotsch should definitely be addressed. I have difficulty understanding why main street would be the route chosen for bike riders. It seems the city has the authority to choose another route that would be safer for riders and also respect the other important uses of main street. Another aspect of the planned change would be to reduce parking for residents on one side of the street. At least that seems to be the case if the implementation of bike lanes on 9th is a model. Additionally, the bulb - outs are aesthetically attractive and shorter Cross walks are a small plus but is the overall cost and labor diverted from other projects a good trade-off? I would suggest a priority be given to fixing the mess on 9th caused by the previous similar attempt to add bike lines. At the moment the parking on one side has been eliminated and that is partly due to the center line being shifted too far to one side to accommodate bike lanes. The lanes themselves are poorly planned and not consistent or appropriately marked. A previous comment writer suggested that the current state of the revision there suggests the work was performed by inebriated pranksters. I would hope Mr. English would seek an opportunity to proactively address this for the Edmonds public and invest resources in finishing this job, correcting the obvious deficiencies which have remained in place for the past many weeks. A final thought, how do the residents along Main feel about potentially losing their parking if a similar Plan is implemented there? Has the process involved any citizen consultations? m E E 0 U 3 a _ d e Packet Pg. 30 6.3 City Council Agenda Item Meeting Date: 02/27/2024 Claim for Damages for filing Staff Lead: NA Department: Administrative Services Preparer: Marissa Cain Background/History N/A Staff Recommendation Acknowledge receipt of Claims for Damages for filing. Narrative James Lau Edmonds (TBD) Randy Treacy 238th St SW & Highway 99 (TBD) Attachments: Claim for Damages - James Lau - for council Claim for Damages - Randy Treacy - for council Packet Pg. 31 RECF,MD F 6.3.a FEB 9 2024 DECEIVED CITY OF EDMONDS EDMO14N CITY aM CLAIM FOR DAMAGES FORM FEB 8 7034 Date Claim Form Please take note that I a�e' v'(tto currently resiges al r` J/rR Plb�l (/(� , ^ ma)Pg address home phone # , phone # and who resided at the time of the occurrence and whose date of birth is _ > claiming damages against _ _ ie sum of $ arising out of the following ircuc instances listed below. DATE OF OCCUR /ENCE: .2/ TIME: W� 51AM; / `d E LOCATION OF OCCURRENCE: / G DESCRIPTION: E 1. Describe the conduct and cir mstanc that brought out e i jury or damag AI o desc i e t e inj or dams G V -'�A. C R L (att chi n e-xtr sheet .for dditional infor lion, if needed) ,� 6gZ A d e d ' 2. Provide a lis o w1 nesses, i ap licable, o the�urrence including n d re se n phone numbers. aE > � J ��o n 3. ach copies of all dock entPion realto a to exp es, injure s, loss , and/ es ates for repair. V j/ ea 4. Have you submitted a claim for damages to your insurance company? Yes No G L If so, please provide the name of the insurance company: o w and the policy #: E c d E t v �a r a Form Revisod 04/09/2021 Page f of 2 Packet Pg. 32 6.3.a This Claim form must be signed by the Claimant, a person holding a written power of attorney from the Claimant, by the attorney in fact for the Claimant, by an attorney admitted to practice in Washington State on the Claimant's behalf, or by a court -approved guardian or guardian ad litem on behalf of the Claimant. declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. U Sign tl re of Claimant Date and place (residential address, city and county) , Or Signature of Representative Print Name of Representative Date and place (residential address, city and county) Bar Number (if applicable) Please present the completed claim form to: Form Revised 04/09/2021 City Clerk's Office City of Edmonds 121 51h Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. Page 2 of 2 E U Packet Pg. 33 CITY OF EDMONDS CLAIM FOR DAMAGES FORM Please take note that Syr ^ ^ ^ V 7,n �^� n G Y ,who currently resides at _ mailing address home phone #r! �r 6.3.b 1EM r Date Claim Form damages against _ in the sum of $ _ arising out of the following circumstances listed below. 4 DATE OF OCCURRENPM CE: O TIME: _ D LOCATION OF OCCURRENCE: / _ z; Gr/l 13QfhG TW >l o— L DESCRIPTION: ,o E 1. Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. T r� =^�r► r 4 (r) i fr44 R rfj o 119 _rr> n r? /_A/1 L Tie r— `TU /,,' A ul;ff 7-I'Le -7/) ,av^ t ec J_;ED/1 U WA� �ri�ll:�i`rii��.f�J�:��►�.re>t�r �1 9 (attach an extra sheet for additional information, if needed) 2. Provide a list of witnesses, if applicable,(, the occurrence including names, a dresses, and phone numbers. 3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair. 4. Have you submitted a claim for damages to your insurance company? Yes 4 No If so, please provide the name of the insurance company: and the policy #: Revised 04/09/2021 Page t of 2 Packet Pg. 34 6.3.b This Claim form must be signed by the Claimant, a person holding a written power of attorney from the Claimant, by the attorney in fact for the Claimant, by an attorney admitted to practice in Washington State on the Claimant's behalf, or by a court -approved guardian or guardian ad litem on behalf of the Claimant. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signat laimant Or Date and place (residential address, city and county) Signature of Representative Date and place (residential address, city and county) Print Name of Representative Bar Number (if applicable) Please present the completed claim form to: City Clerk's Office City of Edmonds 121 6h Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. E U Form Revised 04/09/2021 Page 2 of 2 Packet Pg. 35 7.1 City Council Agenda Item Meeting Date: 02/27/2024 Approval of Special Meeting/Council Retreat Minutes February 2, 2024 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 Council meeting minutes are attached. Attachments: 2024-02-02 Council Retreat Minutes Packet Pg. 36 7.1.a EDMONDS CITY COUNCIL MEETING SPECIAL MEETING — COUNCIL/STAFF RETREAT DRAFT MINUTES February 2, 2024 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Vivian Olson, Council President Chris Eck, Councilmember Will Chen, Councilmember Neil Tibbott, Council President Michelle Dotsch, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember 1. ARRIVE GET COFFEE, GET SETTLED 1. CALL TO ORDER STAFF PRESENT Michelle Bennett, Police Chief Kim Dunscombe, Deputy Admin. Serv. Director Oscar Antillon, Public Works Director Angie Feser, Parks, Rec., & Human Serv. Dir. Jessica Neill Hoyson, HR Director Susan McLaughlin, Planning & Dev. Dir. Todd Tatum, Comm., Culture & Econ. Dev. Dir. Jeff Taraday, City Attorney Scott Passey, City Clerk Carolyn LaFave, Executive Assistant to the Mayor Beckie Peterson, Council Executive Assistant Jeannie Dines, Recorder The Edmonds City Council retreat was called to order at 9:50 p.m. by Mayor Rosen in the Library Plaza Room, 650 Main Street, Edmonds, and virtually. 3. LAND ACKNOWLEDGEMENT Deputy Administrative Services Director Kim Dunscombe read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 4. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 5. COUNCIL BUSINESS A. WARM UP EXERCISE Mayor Rosen provided opening remarks. Edmonds City Council Draft Minutes February 2, 2024 Page 1 Packet Pg. 37 7.1.a Attendees participated in a warm up exercise where each said two truths and a lie and the group guessed which one was the lie. B. WHO'S LANE IS IT ANYWAY? Council President Olson explained this agenda item is to help us understand our roles and responsibilities and where can find ourselves crossing paths and getting into territory that is not legitimately ours and how that causes conflict. She introduced Steve DiJulio, Senior Principal, Foster Garvey, and described his background. Mr. DiJulio explained he hoped to be a catalyst for the discussion and encouraged attendees to participate. • Outline o The Basics — The Legal Lanes o Legal issues around public comments in meetings and the importance of community engagement o Legal exposures in government, including conflicts of interest and ethics o How your role can prevent divisiveness that undermines citizen trust in city government — Best Practice Lanes • An Approach: Basic Civics o Virtual Citizens Academy ■ The City of Snoqualmie proudly presents the Virtual Citizens Academy designed to engage and educate the public about the many facets of operating a municipality. hitps://www.snoqualmiewa.gov/308/Citizens-Academy o Also see: www.eu eg ne-or.gov/DocumentCenterNiew/28908/So-You-Want-to-Run-For-Local-Office- League-of-Oregon-Cities? • City of Edmonds: Code City, under Title 35A RCW o Mayor -Council form of governance 0 1 st Class and Code City Authority ■ The "home rule" principle seeks to increase government accountability by limiting state - level interference in local affairs... ■ In this context, it is appropriate for Washington courts to "liberally construe[]" legislative grants of power to cities, particularly first class cities. Watson v. City of Seattle (August 10, 2017) ■ 35.22.570 also grants first class cities all powers Title 35 RCW gives to other cities... With respect to municipal business taxes, Seattle has the authority to "collect a license tax for the purposes of revenue and regulation," a power granted to second class cities. RCW 35.23.440(8). Watson v. City of Seattle (August 10, 2017) [see RCW 35A.11.020 for code cities] Mr. DiJulio responded to questions regarding whether there is any legislation in the pipeline to allow cities to have DUI checkpoints, and whether Washington is considering parental liability for the conduct of minor children related to gun violence. Mr. DiJulio continued: Basics — City Government o 1889 Washington Statehood Who Does What? o Council (Legislative Authority) o Executive ■ Mayor Edmonds City Council Draft Minutes February 2, 2024 Page 2 Packet Pg. 38 7.1.a - Administrator/Supervisor ■ Manager o City Attorney & Special Counsel Actions of Legislative Authority o Motion o Resolution o Ordinance o Veto o When is policy the law? ■ When adopted by ordinance Mr. DiJulio responded to questions regarding the mayor's discretion to enforce violation of law, enforcement of state requirements, mayor's authority to prioritize enforcement, council's delegation of authority to the mayor, and mayor's role in legislative authority. Mr. DiJulio continued: o Council acts as one ■ Individual councilmembers without authority Note: City of Renton v. Playtime Theaters, 475 U.S.41(1986) ■ Following the assumption that the city's government is business to its logical conclusion, the autocratic mayor is the natural consequence. In the modern business world the captain of industry has come be the chief figure. With the perfection of organization, concentration of power, and fixing responsibility there has developed a one-man rule in big business. These examples have had an influence on development of municipal structure, organization and methods, and as a result the autocratic mayor has been evolved. It is often conceded that efficiency of the public service is of more importance than the haphazard working of democracy in the old way. The voters are free to choose the mayor in the first instance whose term is limited... 2 A.E. McQuillin, The Law of Municipal Corporations, 213 (3d Ed. 1996). ■ RCW 35A.12.110 (part) - Meetings of the council shall be presided over by the mayor, if present, or otherwise by the mayor pro tempore, or deputy mayor if one has been appointed, or by a member of the council selected by a majority of the councilmembers at such meeting. The Blurred Line Between Policy and Administration o Of course, things do not always run smoothly between the council and the city administration, and the line between policy and administration in some situations is not clear.... o The mayor or city manager may direct that all communications with city staff go through his or her office. The council, in response, may feel that the mayor is unlawfully restricting its access to city personnel for information purposes. Mayor & Councilmember's Handbook, Page 33 Council - staff relations o 35A.13.120 City manager- Interference by council members. ■ Neither the council, nor any of its committees or members, shall direct the appointment of any person to, or his removal from, office by the city manager or any of his subordinates except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the manager and neither the council nor any committee or member thereof shall give orders to any subordinate of the city manager, either publicly or privately. The provisions of this section do not prohibit the council, while in open session, from fully and freely discussing with the city manager anything pertaining to appointments and removals of city officers and employees and city affairs. Personnel Management? o RCW 35A.12.090 addresses appointment and removal of officers: Edmonds City Council Draft Minutes February 2, 2024 Page 3 Packet Pg. 39 7.1.a ■ Mayor with power of appointment and removal ■ Qualifications may be set by ordinance [highly unusual] ■ Council confirmation of appointments when provided by ordinance Separate City Council Staff? o MRSC INQUIRY NO. 98-2101 (April 20, 1998): ■ "It does not appear possible for the council in a non -charter code city to provide for legislative staff positions that are subject to appointment and removal by the council members rather than the mayor." See also MRSC Inquiry No. 06-4229 (August 9, 2006) Communications! Council - Staff Issues Mr. DiJulio responded to questions regarding the mayor's role during deliberation of policy at council meetings, ability for a council majority to override the mayor's ruling as the presiding officer during a meeting, the mayor's delegation authority for city council staff, the public's communication with the council and mayor, and social media policies. Mr. DiJulio continued: Civility and the conduct of the people's business o PASCO - The Pasco City Council voted Monday to replace its representative on the Benton - Franklin Council of Governments after a councilman misrepresented the city at a meeting last week... Tri-City Herald October 22, 2009 o Potential Areas of Conflict ■ Budgets ■ Setting agendas ■ Contract administration Questions and discussion followed regarding council liaison to boards and commissions speaking for council, best practices related to staff responding during council meetings, authority for agenda setting delegated to council president (in consultation with the major) in Edmonds, and other cities that hold informal work sessions with staff and council. Mr. DiJulio continued: • Budgets o Individual Councilmember Agendas? ■ Is it in Capital Facility Plan? ■ Is it in Annual Work Plan or Program? ■ Is there an approved budget? ■ Do City resources otherwise support (what other priority deferred)? o Budget Schedule - Ch. 35A.33 RCW [https://mrsc.org/explore-topics/finance/budgets/city-budget-calendar ] o Procurement and Contracts ■ What Level of Authorization to Delegate to Administration? - Examples: • Bellevue - $35,000 (BMC 4.28.170) • Auburn -Directors $10,000; Mayor $100,000, when budgeted (ACC 3.10.010) • Lynnwood -Mayor $100,000, when consistent with budget (LMC2.92.020) Questions and discussion followed regarding how delegation of contracting authority works "when consistent with budget," whether Edmonds' purchasing policy references "when consistent with budget," at what level change orders have to come to council, and council adoption of purchasing policies. Mr. DiJulio continued: Edmonds City Council Draft Minutes February 2, 2024 Page 4 Packet Pg. 40 7.1.a Municipal Finance o State and each local government must have balanced budget Management of Legal Services o State law authorizes the obtaining of legal services "for the city". RCW 35A.12.020. Neither the council alone nor the mayor alone constitutes "the city". Rather, RCW 35A.12.010 vests the government of a non -charter code city, adopting the mayor -council plan of government, in an "elected mayor and an elected council". o In this respect and in others, chapter 35A.12 RCW contemplates that the mayor and the city council will act together on behalf of the city. ■ 1997 AGO No. 7, at 3. o In Washington, there are two scenarios in which the town council of a municipal corporation has the implied authority to hire outside counsel. ■ One, if the council hires outside counsel to represent it, and it prevails on the substantive issue to the benefit of the town, a court may direct the town to pay the reasonable fees and costs of outside counsel. - See Tukwila v. Todd, 17 Wn. App. 401, 563 P.2d 223 (1977). ■ Two, if extraordinary circumstances exist, such that the mayor and/or town council is incapacitated, or the town attorney refuses to act or is incapable of acting, a court may determine that a contract with outside counsel is both appropriate and necessary. - State v. Volkmer, 73 Wn. App. 89, 95, 867, P.2d 678 (1994) - See Knowing the Territory, at 32-33. Questions and discussion continued regarding the administration's access to the city attorney, differences between an in-house city attorney versus a contract city attorney, and perceived conflict of interest with boards/commissions. Mr. DiJulio continued: • Incompatible Offices o A person may not hold simultaneous, incompatible public offices. Offices are incompatible when the functions of the office are inconsistent or the public interest would suffer. ■ See Knowing the Territory • Recall o A recall petition must meet two tests: factual sufficiency and legal sufficiency. Facts in a recall petition, verified under oath must show misfeasance, malfeasance, or violation of the oath of office. Exercise of judgment or discretion cannot be grounds for recall. ■ See In re the Recall of Pepper, 189 Wn.2d 546 (2017); and ■ In re Recall oflnslee, Supreme Court No. 99948-1 (April 28, 2022) • Municipal Finance o Local taxation must be authorized by a legislative delegation of taxing power. See WASH. CONST. art. I § 1. o Municipal corporations have no inherent power to tax. ■ Arborwood Idaho, LLC v. City of Kennewick, 151 Wn.2d 359 (2004) • Public Meetings and Public Comment o Meetings ■ The people insist on remaining informed so that they retain control over the instruments they have created. • OPMA - RCW 42.30.205 (enacted 2014) o Every member of a governing body (including members of boards and commissions) of a public agency must complete open meetings training within 90 days after taking the oath of office or otherwise assuming official duties. Training must be completed every four years, and may be completed remotely. • Legislative Declaration Edmonds City Council Draft Minutes February 2, 2024 Page 5 Packet Pg. 41 7.1.a o The legislature finds and declares that all public commissions, boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people's business. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly. ■ RCW 42.30.010 • "Meeting" means meetings at which action is taken. o "Action" is broadly defined as "the transaction of the official business of a public agency by a governing body including but not limited to": ■ Receipt of public testimony ■ Deliberations ■ Discussions ■ Considerations ■ Reviews ■ Evaluations ■ Final actions o "Meeting" does not require members to be present in the same location or even interact simultaneous. ■ Conference call with a majority ■ Email exchange that includes substantive input from a majority ■ "Serial" meetings such as a phone tree or repeated discussions ■ BUT simply receiving information without comment is not a meeting Questions and discussion followed regarding a mayor's advisory committee may not be subject to OPMA, when subcommittees/panels/taskforce/work groups are subject to OPMA, liberal interpretation of the OPMA, serial meetings, when a member of the public serves as a conduit for a serial meeting, the mayor having 1:2 or 1:3 meetings with council, and the ability for councilmembers to talk to each other one on one as long as not providing input from other councilmembers. Mr. DiJulio continued: • Committees & Task Forces o See Clark v. City of Lakewood, 259 F.3d 996 (9th Cir. 2001) o Lakewood Adult Entertainment Task Force met in violation of OPMA • Parliamentary Procedures o Parliamentary procedures are local rules or customs regulating the conduct of legislative proceedings. However, a majority of the quorum will control the meeting procedures. o You can disagree without being disagreeable. Bernard Meltzer/Ronald Regan • WAIT — Why Am I Talking? • WANT — Why Aren't I Talking? • Executive Sessions o Common grounds: 1. National security or (new in 2017) infrastructure/computer security 2. Acquisition of real estate 3. Sale/lease of real estate (final decision in open meeting) [Must be focused on price, not factors affecting value. Columbia Riverkeepers v. Port of Vancouver USA, 188 Wn.2d 421 (June 8, 2017)] 4. Evaluate charges against a public officer or employee 5. To evaluate the qualifications of an applicant/performance review 6. To evaluate the qualifications of a candidate for appointment to elective office. Interviews and selection in public 7. To discuss with legal counsel enforcement action or potential litigation RCW 70.44.062 o Confidentiality of Executive Session Edmonds City Council Draft Minutes February 2, 2024 Page 6 Packet Pg. 42 7.1.a ■ Attorney General Opinion 2017 No. 5: ■ Legal obligation to not disclose information discussed in properly convened executive session. ■ Disclosure would violate Code of Ethics of Municipal Officers. ■ Could also constitute: - Misdemeanor offense under RCW 42.20.100, or - Official misconduct under RCW 9A.80.010. • SCOTUS: Censure did not violate official's First Amendment rights o In a unanimous 13-page ruling, Justice Neil Gorsuch noted that "elected bodies in this country have long exercised the power to censure their members," and there is no reason to believe that the First Amendment was intended to change that practice. "If anything," Gorsuch observed, censures for an elected representative's speech "have proven more common yet at the state and local level." Houston Community College System v. Wilson (March 24, 2022) • Public Hearings and the Hearing Process o All meetings of governmental bodies are public meetings, but not all meetings are public hearings. Public hearings are the proceedings in which public comment is invited. • Three Categories of Government Property o Traditional public forum, the designated public forum, and the non-public forum. Ark. Educ. Television Comm'n v. Forbes, 523 U.S. 666, 677-78, 118 S.Ct. 1633, 140 L.Ed.2d 875 (1998) ... • Mayor's removal of disruptive citizen from commission meeting does not violate first amendment Jones v. Heyman, 888 F.2d 1328 (llth Cir. 1989) • Public Comment - Disruptive? o Video of speaker at Dallas City Council meeting wearing protective clothing and mask and wiping podium with disinfectant o ...The motion passed by the Spokane City Council was not legislation generally applicable to the entire community but rather an act directed specifically at Mission. It was administrative or executive in nature, not legislative, and therefore legislative immunity is not available here. Mission Springs v. City of Spokane, 134 Wn.2d 947 (1998). o Therefore, we have rather a straightforward situation where clear legal rights of the citizen were violated by city council members acting in excess of their lawful authority and by a City Manager acting in excess of his own lawful authority but at the urging of the City Council. Mission Springs v. City of Spokane, 134 Wn.2d at 961. o Burien - $10.5 million verdict - developer alleged project was delayed o Thurston County - $12 million _+ fees ■ Maytown Sand & Gravel, LLC v. Thurston County, 191 Wn.2d 392 (2018) ■ $ 8 million to the Port of Tacoma, and ■ $ 4 million to Maytown o SeaTac News (July 14, 2016) ■ City of SeaTac slapped with $18.3 million judgment inland use case; Judge calls for formal sanctions ■ The trial judge also concluded the former SeaTac mayor wanted condos built on the site, believing they would price out Somalis who had moved into "his neighborhood." (Seattle Times 7126116) Questions and discussion followed regarding whether speakers who disregard the three minute limit are considered disruptive, cities that have a police presence at council meetings, and the difference between public speech that is a threat by law and freedom of speech. Mr. DiJulio continued: • City's involvement in International, National land Other Local Issues? Edmonds City Council Draft Minutes February 2, 2024 Page 7 Packet Pg. 43 7.1.a 42.23.070 Prohibited Acts o (3) No municipal officer may accept employment or engage in business or professional activity that the officer might reasonably expect would require or induce him or her by reason of his or her official position to disclose confidential information acquired by reason of his or her official position. o (4) No municipal officer may disclose confidential information gained by reason of the officer's position, nor may the officer otherwise use such information for his or her personal gain or benefit. See Attorney General Opinion 2017 No. 5 "The most important political office is that of the private citizen." Louis D. Brandeis (1856 — 1941) Sound Cities Association - Guiding Principles o Assume that others are acting with good intent o No surprises! o Have each other's backs o Think about who is not at the table o Be candid, but kind o Once a decision is made, work together to make it work o Show up to meetings prepared... o Be fully present and engaged during meetings o Extend grace to others cut them some slack o Remain open-minded o Respect differing views Knowing the Territory (MRSC Report 47, Revised October 2023) hgps://mrsc.org/getmedia/le641718-94aO-408b-b9d9-42b2eld8l8Od/Knowing The- Territory_pd£aspx?ext=.pdf Mayor Rosen recessed the retreat for lunch at 12:26 pm. LUNCH — BRING YOUR OWN 6. CONTINUED COUNCIL BUSINESS A. MEETING EFFICIENCY The retreat was reconvened at 1:17 pm. Mayor Rosen reviewed the afternoon's agenda. Attendees brainstormed what could be done to increase the efficiency of meetings which was followed by a dot exercise where each attendee was given three dots to identify their top choices: Votes Ideas to Improve Meeting Efficient 6 Ask questions in advance of meeting Email amendments in advance 2 Draft recommendation as a motion 2 Limit comments time for individuals Stop thanking each other Just ask question Make sure motion clearly worded Rather than offering a new motion, vote against motion and then offer another motion Motions should be restated before vote 7 Consider a reader board where motion remains visible during discussion 1 Don't argue with staff, just vote against motion Edmonds City Council Draft Minutes February 2, 2024 Page 8 Packet Pg. 44 7.1.a 1 Model respectful behavior Council discussion is theirs to have Streamline process and touchpoints revisit 2 What can we do in work sessions? 2 Pre -identify e of deliberation/discussion such as round robin 3 Make motion before deliberation Allow council to take the time they need 1 Create clarity around purpose of the meeting — to come to a decision or speak to public, be clear whether questions are about interest or making a decision 4 More detailed memo with alternatives andpro/con and budget implication 2 Include presentations in packet 1 If presentation made at committee, presentation at council meeting can be summary 1 Be clear about the amount time on the agenda for staff presentation and time for council questions/discussion (maybe be specific) 1 Can we have fewer topics and fewer meetings 2 Increase committee use to go to consent so they don't go to full council 3 More study sessions Two and threepre-meeting briefs 1 Be clear on how we got here and what is next 4 Create a legislative calendar with priorities and the path required 1 Have the chair be more proactive on pulling the plug Group similar agenda topics Standardize presentations 4 Ensure council has access to background materials shared network 1 Committee members help inform presentation to council More advance notice if something can't happen at council Don't real all words on PowerPoint During the above brainstorming, discussion included council practice of not taking action at the same meeting as public hearing; the purpose of council meetings to get council to decision point, not to talking to their constituents; public criticism of councilmembers meeting with staff in groups of 2-3; all items on the list worth pursuing. The top priorities, determined via the dot exercise were: #1: Consider a reader board where motion remains visible during discussion #2 Ask questions in advance of meeting Tie # 3 Ensure council has access to background materials (shared network) Tie # 3 Create a legislative calendar with priorities and the path required Tie # 3 More detailed memo with alternatives and pro/con and budget implication B. IDENTIFYING THE CRITICAL FEW Councilmember Olson explained this is a preliminary conversation related to budgeting by priorities. If the City has to get back to basics or if public wants the City to get back to basics, what are the basics, the critical things that regardless of what is going on, the council will always fund and prioritize. She suggested identifying the critical few via a round robin method: • Police • Fire • Sewer (non-GF) • Water (non-GF) Edmonds City Council Draft Minutes February 2, 2024 Page 9 Packet Pg. 45 7.1.a • Stormwater (non-GF) • Roads/transportation • Public safety in context of maintenance • Financial management/stewardship/debt service/budget for reserves • Legal compliance - reporting, ADA, employee value proposition/labor requirements • Climate response/resilience • Human services • Planning • Revenue generating activities (lobbying and grant writing) • Emergency management • Preservation of natural resources • Codes During the above, questions and discussion included the lens for identifying the critical few and whether it essential services, quality of life or surviving a recession; the City's financial situation forcing the council to consider getting back to basics and considering the core purpose of government; what services cities are required to provide under the RCW or WAC versus discretionary funding; level of preparedness or level of service the council is willing to pay for; the function of government; developing relationships with other government agencies to increase efficiencies; the City's core responsibilities now versus in the past; Edmonds' quality of life; having staff enumerate all the programs they administer and citing the law that requires it; cost recovery of recreation programs; determining key services the City must provide; considering the total cost to provide a service not just by department; whether the public is willing to pay more taxes for new services; telling the story to the public; sewer, stormwater, and water are required but are not General Fund funded; services that are offset by fees; considering the effects of cost cuts made today on future generations; doing the best for the most people in the long run; looking at City facilities to determine whether space is being utilized appropriately and/or whether all spaces are needed; conducting a resource needs assessment; space and workforce planning for core services; and the relationship between workspace and employee turnover. C. EMERGENCY MANAGEMENT BRIEFING Police Chief Michelle Bennett explained the former mayor moved emergency management from HR to the police department. She described her background in emergency management in other cities. An emergency management consultant was hired to assist the City; when conducting an assessment, they identified several concerning issues. She relayed on Monday, February 12, there will be a tsunami walk and talk regarding the City's tsunami evacuation route followed by a community meeting on February 29. She will advise council of the location and times. Chief Bennett provided councilmembers the City's current Comprehensive Emergency Management Plan (CEMP) and presented, `Everything You Didn't Known that You Wanted to Know about Emergency Management in Edmonds." • Overview o Edmonds is the largest city in Sno county still contracting this function out. All suburban cities the size of Edmonds in King County do their own EM function so as to ensure they know how to respond and recover from an emergency and disasters. • NIMS and RCW Requirements o Requirements ■ Mandate for training, training exercises, public education, mitigation, recovery. ■ The City is responsible to ensure these functions are met. ■ The City can provide the resources to fulfill these mandates or contract them out — as the city has done for years. Edmonds City Council Draft Minutes February 2, 2024 Page 10 Packet Pg. 46 7.1.a ■ We have been assessing whether contracting this function out has been in the best interest of the city and its community. o Consultants have set up interviews with State DEM, Snohomish County EM, South Sno County Fire and Rescue, Marysville. o Next to interview City Staff and Port of Edmonds Snohomish County Interlocal Agreement o Snohomish County Department of Emergency Management provides regional emergency services for all cities in Snohomish County except Marysville and Everett. The City of Edmonds is the largest city in this current group of contracted cities. o Need to notify Snohomish County by March 31 st if you will sign with them for 2025. o The County collects from the State Homeland Security Emergency Management Program Grant funding for each city about $25,000 this year, for Edmonds. o The City was also paying $124,950 for a "Safety and Disaster Coordinator". o The City needs to decide if they are going all in on building out the Emergency Management Function and hire a FTE dedicated to build the program. ■ This would focus on getting the city readiness capabilities for staff and citizens to be able to prepare for, respond to, and recover from Emergencies. - Or will the city remain in the partnership with the County. o City has a contract through the end of 2024. The fee for 2025 will be $59,000. ■ It includes one Public Education Outreach and one agency specific exercise for each city. Also includes training that Edmonds can send staff to. ■ They coordinate Regionally on information and planning. ■ They do not staff the Edmonds EOC or write all the plans that are specific to Edmonds. o Having our own Emergency Manager and dropping out of the Snohomish County contract will give us the $84k back for our own emergency management. ■ A $41,000 cost in total versus the $124,950 o The city can do a hybrid agreement to partner with them on ensuring you have a valid Hazard Mitigation Plan and Emergency Notification until we can afford to provide our own. Comprehensive Emergency management Plan (CEMP) o Required by the Federal Government FEMA and State Law Updated every five years o The CEMP outlines how the City will prevent, mitigate, respond, and recover from emergencies. It describes each department's roles and responsibilities. It describes what authorities are given for the City to respond to and manage emergencies in their legal jurisdiction. o Our current CEMP reads like a template from the ESCA (Emergency Care Systems Assessment) days and refers to this now defunct entity. o Our current CEMP refers to the wrong highways (I-5 and 405) and refers to procedures we don't have. o It also doesn't cite plans/policies we do have. o Relevant SOPs, SOGs, Appendices and Annex are not included or referred to in the current CEMP. o Ordinances are referenced that aren't all valid. o To date we cannot confirm if the City Council ever approved this plan. CEMP Issues o The letter of Promulgation that is in the front of the Emergency Plan is one from 2017. o The date was empty - just the year 2017 and the signatures were the Mayor in 2017 and the Snohomish County Director in 2017. o The City Clerk's Office said it was on the Council Schedule for Jan. 3, 2023, but there are no council notes for that date. No signed Promulgation. o A blank Promulgation for 2023 was located in the files of the former Disaster Coordinator. Edmonds City Council Draft Minutes February 2, 2024 Page 11 Packet Pg. 47 7.1.a ■ It has Mayor Nelson's name on it and the Acting Director of Snohomish County Emergency Management Data Salmon. - Ms. Salmon said she never saw the document and didn't sign it. - Ms. Salmon said typically she would have been at the Council Meeting to explain their role. o The authorities' section of the CEMP asks that you list all City, State and Federal Authorities used for this version of the plan. ■ Edmonds listed: - Ordinance 2224 - This was a 1981 Ordinance that added a new section to EMC 6.60 Disaster Preparation and Coordination. Since 6.60 has been updated a couple times since 1981 this no longer is need to support this plan. - Ordinance 4185 - This is a 2020 Ordinance that was updating some language from EMC 6.60. However, it refers to the City's former Emergency Management agreement with an agency called ESCA. ESCA closed their agency in 2015. This Ordinance should not be in this section. - EMC 6.60 was updated in 2022. - None of the authorities referenced in this section referred to the 2005 Homeland Security mandate that all governments adopt the National Incident Management System (NIMS) as their incident management plan. o In a request for all the ordinances and laws concerning the Edmonds EM function, a couple others were referred to us, but NIMS wasn't one of them. ■ NIMS language is typically found in the agency's main emergency management code, like EMC 6.60. o The consultants found Resolution 1084 from 2005 where the City did adopt NIMS, in a random training file from Public Works. It needs to be added to page 3 or rolled into 6.60. o Introduction of CEMP page 3. This refers to the three sections of the CEMP. Basic Plan, Emergency Support Functions (ESF's) and the Incident Specific Annexes: Evacuation and Movement, Damage Assessment, Debris Management, Animal Disaster Protection and Pandemic Response. ■ The Incident Specific Annexes are not in the CEMP. They aren't listed in the Table of Contents either. ■ Our consultants located these in draft form on the SharePoint site that the former Disaster Coordinator was using. They need to be completed. o One example is located in ESF 10 - Hazardous Materials. Under the title "Situation" - it refers to two highways not in Edmonds and leaves out significant highways like HWY 99, 104 and 96. ■ "Hazardous material incidents may occur anywhere and at any time within the city. The city is impacted by major transportation routes which are used to transport hazardous materials. These include Interstate Highways 5 and 405.Other primary routes include State Routes 527 and 96, as well as Burlington Northern Railway lines. " o A theory is someone in the city cut and pasted a different plan but failed to update to city of Edmonds specific information. o Snohomish County has an approved CEMP plan, and the City has paid through 2024, so this helps. o However, Snohomish County advised that Edmonds should do an annex to their Sno Co plan and asked all the cities to use their template to be an annex to their plan. The Cities of Edmonds and Lynnwood opted out and wanted to do their own plans. o The Edmonds Plan was never submitted to Snohomish County for review. Hazard Mitigation Plan (HMP) and Prevention Strategies o Mandated by the Federal and State Government and updated every five years. o Review of 2019 Process for 2020 Plan and what went wrong: Edmonds City Council Draft Minutes February 2, 2024 Page 12 Packet Pg. 48 7.1.a The 2020 HMP Plan - Staff (Planning, Public Works, and Disaster Coordinator) at the City worked from late 2019 with staff at the Snohomish County Department of Emergency Management and completed their annex in October 2020. This work wasn't taken to the City Council for approval in 2020 or 2021. The City had one year to get it approved by the City Council by the end of 2021 and it was not done. In 2023, the County worked to get the City "grandfathered" into the Snohomish County plan if the City could get the plan approved - However, as there was no movement on this by April 2023, FEMA refused to give any more extensions. - FEMA also made some key requirements about what needs to be in all plans going forward. FEMA recommended that Edmonds concentrate on getting the 2025 plan done in 2024. • HMP: Consequences o If a disaster occurs before a new plan is authorized, the City can apply for 70% Federal reimbursement on some of their losses and expenses, but not to the level they could if they had an approved plan. The city at this point will only be reimbursed to the standard it was prior to the loss, instead of to the newer building or restoration codes. ■ Loss of City Hall as an example. - Can't rebuild it if it falls to today's building standards. o Review Process for 2024/2025 ■ The County will begin this process soon. - Snohomish County will provide the Mayor and Council with a copy of the Mitigation Strategies chart, Edmonds Hazard Mitigation Annex (the one that does not appear to have been approved by Council). • These can be carried over into the 2025 plan, they just need to be updated. • The Grid should be turned into a work plan. Other Emergency Management Issues o Whole Community Engagement ■ This is a Federally recommended concept and also a Washington State mandate to be grant eligible. ■ This is a process that regularly engages the "whole of community" that the organization is in and seeks to obtain continued and coordinated stakeholder involvement. ■ The City has established a Community Committee such as this which is made up of a diverse cross section of the city. - The Mayor and Chief are scheduled to meet with them at the end of February to give them an update of the EM o Grant writing capabilities ■ If the city had a grant writer, there are millions of dollars available for hazard mitigation and emergency management, including looking for a grant for a new EOC that meets standards, or pay for an Emergency Manager. o Emergency Operations Center (EOC) / Facilities ■ The current primary EOC is in the PD training room, ■ The secondary EOC is in the Public Works conference room ■ Per building codes, an EOC location must be designed to withstand the impacts of the likely hazards such as an earthquake, etc. (same with hospitals and schools). - We have been trying to verify with Planning and Development what standards the Police Department and City Hall were built to. ■ There is a possibility of a future creation of virtual EOC using Microsoft Teams o EOC staffing, training, exercises ■ A & B teams (first operational period, and then relief for a second operation period) for staffing the EOC is being constructed now. Edmonds City Council Draft Minutes February 2, 2024 Page 13 Packet Pg. 49 7.1.a ■ NIMS/ICS training compliance for city staff is now being assessed - Survey will soon be sent by the Mayor - Should be forwarded to HR for personnel files, versus separate training files o Emergency worker programs ■ South County Fire & Rescue is conducting CERT training; however, volunteers need to be registered and managed through EM/EOC activations ■ We have HAM Radio volunteers ■ When we have our own program, we would register these folks into our own program (records check, etc.) - They are kind of in a stasis. o Alerts and Warnings ■ Currently using the County's license to do Alert and Warning reacting to incidents. This system is called RAVE ■ City license for RAVE - manage community notifications - will expand the capabilities to send proactive and reactive messages. (Approx $17,000 for a license). - Other messages could include car prowls, burglaries, etc. that Sno Co currently does not send out. ■ If we get our own RAVE, we could pay the license versus the Sno County DEM contract paying for it. Questions and discussion followed regarding code requirements to rebuild damaged structures to current standards, availability of emergency management grants, building permits issued for seismic improvements to city buildings, function of the EOC, facilities the City has agreements with where the EOC could be located, the consultant's recommendation that staff who receive training provide certificates to HR, having CERT-trained individuals who speak various languages, the City's former emergency management coordinator's efforts, considering the location of employees' residences when providing training, (ability to respond to EOC in a disaster), public education regarding emergency management, personnel in other fire districts who live out of state, proximity of police department personnel's residences to Edmonds, and emergency routes. 7. CLOSING COMMENTS Mayor Rosen reviewed next steps including distribution of Steve DiJulio's PowerPoint, distribution of the new draft agenda memo to council and director for feedback, updating the CEMP, and distribution of the list of meeting efficiencies and taking action on the priority items as possible. Mayor Rosen invited attendees to comment on a takeaway from today's retreat or a goal for 2024: • A big takeaway was discovering the CEMP not approved. • Pleased to have an opportunity to come together on February 2. Already started on some meeting efficiencies. The more efficient and informed the council is, the better • Hope for 2024 is increased collaboration and communication amongst ourselves and the public and regionally. Address problem upstream rather being reactionary. Collaboration and communication and upstream thinking provide a strong base for fundraising • Takeaway is reference to budgeting for reserves, a cultural shift from the prior practice of spending down the reserve to provide more services. Look forward to identifying and implementing sustainable revenue streams to fund city operations sustainably. • Encouraged with the fact that staff and council are talking more and things are already happening behind scenes. The council needs information that shows impacts now and in future. The council can't do everything and needs to tell the public what the City can/cannot deliver and make decisions based on sustainable effort/services. The CEMP is on the City's website; the map shows arterials Edmonds City Council Draft Minutes February 2, 2024 Page 14 Packet Pg. 50 7.1.a and routes. The public works maintenance crew knows all the emergency routes and are good at coordinate with the police when something happens. • Hope for 2024 is to continue to build trust in each other to inspire the community's trust in government • Takeaway was process related to meeting efficiency and learning staff s interests and frustrations are similar to council's. • Hope for 2024 is for more robust financial reporting • A lot of discussion today was around big rocks. Look forward to collaborating and focus on moving the big rocks forward this year. It helps that some of the curtains have been pulled open such as regarding the CEMP and financials; see the situation and deal with it. • Takeaway is it's nice to see everyone talking in friendly and collaborative ways. Appreciate councilmembers working with staff to make the City the best it can be. All the directors are committed to collaboration and coordination and doing the best job for the City and citizens. The City has a bright future moving forward, things can be fixed and it will be okay. • CERT training is available through South County Fire beginning March 24. • Appreciated today's discussions and the opportunity to hear from directors who are subject matter experts. This year will be transformative due to the biannual budget, hope can focus on revenue. There are aspects the council needs to consider and this a great start. Very hopeful for the coming year • Takeaway is a reminder that everyone is here for the Edmonds community. Looking forward to better, healthier working relationships and more respect. Directors are here to support council in making decisions; council should trust directors to know what they are doing. • We are all here with an important purpose, to get a lot done. Hope for 2024 is not rush, but work with a sense of urgency and get a lot of things done. Today's discussion illustrates everyone's expertise is valued. Hopeful today's open dialogue will continue. If stay grounded around our common purpose, we can get a lot done. • If the vibes of today carry through for the remainder of the year, we will get a lot done. • Excited about the prospect of more efficient meetings. • We can all work together as illustrated today. Nice to see everyone in the same room, having a conversation • Excited about having a legislative calendar. • Loved Steve DiJulio's presentation, learned some things and also reinforced some things. If we follow that structure and honor civility and professional respect, we can get a lot done. With the CEMP in mind, the financial situation is not an actual crisis. Important to work with urgency, take advantage of opportunities and remember quality of life. • Filled with hope due to the energy, collaboration and respect that took place today. Have experienced it with councilmembers and directors. Have been meeting one-on-one with staff and groups of staff, the universal truth is they love the City and many have worked for the City a long time. In my experience, when things get hard, people either become survivalists or they come together and fix it.. Edmonds has a very engaged residency that pays attention and the vast majority are filled with hope and want to help. ADJOURNMENT With no further business, the council retreat was adjourned at 3:57 p.m. Edmonds City Council Draft Minutes February 2, 2024 Page 15 Packet Pg. 51 7.2 City Council Agenda Item Meeting Date: 02/27/2024 Approval of Special Meeting/Council Retreat Minutes February 3, 2024 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 Council meeting minutes are attached. Attachments: 2024-02-03 Council Retreat Minutes Packet Pg. 52 7.2.a EDMONDS CITY COUNCIL MEETING SPECIAL MEETING — COUNCIL RETREAT DRAFT MINUTES February 3, 2024 ELECTED OFFICIALS PRESENT Vivian Olson, Council President Chris Eck, Councilmember Will Chen, Councilmember Neil Tibbott, Council President Michelle Dotsch, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER STAFF PRESENT Beckie Peterson, Council Executive Assistant Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 1:00 p.m. by Council President Olson in the Library Plaza Room, 650 Main St, Edmonds. 2. LAND ACKNOWLEDGEMENT Councilmember Paine read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL Council President Olson called the roll. All elected officials were present. 4. COUNCIL BUSINESS A. TAKEAWAYS/ACTION ITEMS FROM FEBRUARY 2 COUNCIL/ADMINISTRATION RETREAT — FACILITATED COUNCIL DISCUSSION Councilmembers shared takeaways from yesterday's retreat: ❖ Have meetings be as efficient and as value-added as possible ❖ Found Steve DiJulio's comparison of council duties as a municipal corporation to the administration's duties very helpful ❖ Can't do everything due to limits on time, resources and projects that can be done in a year ❖ Interesting to have staff provide input and feedback particularly this year. Need to get input from staff before making decisions such as doing a program needs assessment to provide an insider view. Edmonds City Council Draft Minutes February 3, 2024 Page 1 Packet Pg. 53 7.2.a This is a chance to remodel things, determine overages and gaps. Hope that discussion is pursued this year. ❖ Council and staff coming together with a common sense of willingness to work together to serve the City as a whole as one team. ❖ Can't do everything. All are trying to advocate for residents, but when residents email/call about things they want done, let them know we care, but there is a process for doing business, getting projects on workplan, etc. ❖ Encouraged by interest in work sessions and that those would have value. Validated by a comment that although there are core functions of government, residents' expectations may be higher. Having more input from councilmembers and staff would be helpful to process. Reminded how important it is to communicate to residents about price tags and whether they are willing to pay or other ways to accomplish their goals such as with volunteers ❖ Comforted by the acknowledgement that tension is built into the system with that expectation. Some points are uncomfortable/unpleasant, but are not personalities or personal, but part of the balance of power and the challenge is to react and respond and work through them in a way that everyone comes away from it improved. ❖ Important for councilmembers to understand their role that is separate from administration. In discussion with administration yesterday, everyone seems to wants the same thing. Will result in better communication and more clarity. With process comes intentional priorities. Council President Olson invited councilmembers to respond to the following questions (information she sent out to councilmembers following the yesterday retreat): 1) What have you done (or would have been inclined to do) in the past that you would not do now as a result of something you learned yesterday? • Realized things I had done personally in the last year that were not the right things to do such as I would not vote to direct staff to do an action because council does not have that authority and would not share city information on media blogs of any kind due to the need to track those for public records • Should institute a formal communications policy, adopt administration's policy for council • Be mindful about what put on social media or what comment on/reply to, refer to email instead of dialogue on social media • Be mindful about what say during meetings, not intended to be a place for councilmembers to explain their thought process • Find a way to communicate with staff. Recall an instance last year where council directed staff to provide a Excel spreadsheet regarding the accumulated impact of budget amendments. That was information the council needed, but consider how to obtain that information without directing staff. A work session may be a better solution. • How things work in a well -functioning government • Found Steve DiJulio's explanation regarding the mayor's veto power and council process to override it to take legislative action very helpful. Do not recall that ever happening. Understanding that is helpful in informing the relationship between administration and the council. • Autocratic mayor, strong mayor system gives a lot of power to mayor. A lot of expectations due to the oath of office which resulted in frustrations when those were not met. Based on yesterday's training, the mayor has that authority. That was news to me that I would like to explore further. • Mr. DiJulio's presentation was a primer regarding day to day responsibilities and stay in your lane. When council inserts themselves in the day to day work of on -director level staff, it places a huge burden on them and can be intimidating. Fair and good email communications with directors is part of their role to ensure councilmembers are well informed. Edmonds City Council Draft Minutes February 3, 2024 Page 2 Packet Pg. 54 7.2.a • Shoreline has weak mayor/city manager form of government; council never emails staff, everything goes through the city administration. Edmonds has had a collaborative relationship, but that requires trust on both sides. Building that relationship of trust to work better together will take effort by council to be trustworthy to members of the administration. • The title of councilmember is intimidating. No matter how much the council tries to foster trust, there is still a power dynamic that makes some staff uncomfortable • A previous mayor used groups of 2-3 councilmembers so they were prepared when an item came to council. In the last two year there were times I did not feel fully prepared and more time was spent deliberating on very basic information that not helpful to making a decision. Like the idea of twos and threes and email discussion so come to council meetings prepared. • I've had relationships with some non -director level staff and would reach out to them on topics of interest. On occasion they were able to provide immediate feedback, but that is not an appropriate use of the council relationship. Need to foster good ways of coming to meetings prepared. Good discussions about that yesterday. • Individual councilmembers do not have the right to influence a work product coming to full council. • When I worked for Seattle, everything went through the mayor's office. • There are three branches of government. Councilmembers need good information to make decisions. • Seemed during yesterday's discussion that there was consensus that work sessions on bigger agenda items would be helpful. • Clarify the administration's level of comfort with sharing work product at a council meeting before it is finalized. Cities like Auburn have work session with just council and staff where a lot of information is shared that is less formal than a council meeting. Requires trust between staff, directors, mayor and council. • Options for work sessions o Special meeting on a different day/time than council meeting o Zoom meeting on council committee night o As an agenda item following council business at a regular meeting. o Council business twice a month, committees/work sessions twice a month o Committee meetings once a month, hybrid meeting on the third week with one council business, no public hearings, and a work session on a larger topic o In past, every meeting was a hybrid of council business and work sessions o Committee of the whole can be helpful for some items o Work session on first Tuesday with items/materials, second Tuesday is decision on those items, work session on third Tuesday and decisions on fourth Tuesday. Eliminate committee meetings o See logic of alternating work session and decisions, not sure about eliminating committee meetings o Need to have enough business meetings during a month for council to make decisions o Lynnwood has a second meeting one week a month that is a study session or work session o Support hybrid meetings with business items and work session o Important to engage citizens on the front end • Input regarding committees o Committees influence decisions as items go to consent for approval o Instead of OPMA committee meetings with all councilmembers attending and commenting, suggest committee meeting with 2-3 councilmembers followed by a work session where material is presented to all councilmembers o Committees require trusting other councilmembers. Committees allow members to ask questions and refine the presentation to council. Councilmembers can read committee Edmonds City Council Draft Minutes February 3, 2024 Page 3 Packet Pg. 55 7.2.a minutes to learn more about an item. Committees allow the council to move through more agenda items in a month. o Helpful for new councilmembers to sit in on committee meetings. Agree committees require trusting councilmembers o Committee of the whole slowed things down due to the amount of discussion which is why the council switched to committees o Committee of the whole was helpful when I was a new councilmember Council President Olson relayed she and Council Executive Assistant Beckie Peterson will synthesize these ideas and develop a Plan A and B as well as consider locations for work sessions. Council President Olson advised two topics from yesterday that the council may not get to today were town hall meetings and allowing the mayor more dialogue in council meetings. B. 2024 COUNCIL PRIORITY PLANNING EXERCISE Council President Olson explained this is related to the retreat homework that was provided to council related to 2024 council priorities which Councilmember Tibbott will facilitate. (Homework handout included an ABC List of priorities from 2023 retreat. In preparation for discussion at the 2024 retreat, councilmembers were asked to review the 2023 priorities and brainstorm additional priorities for consideration at the retreat.) While Councilmember Tibbott was preparing for the exercise, he invited councilmembers to talk to each about someone who influenced or motivated them to get involved in city politics or leadership. Councilmember Tibbott recapped how the ABC List was created and prioritized last year. He provided a grid for use in determining the urgency and importance of projects and councilmembers provided examples of items that are important and urgent, important but not urgent, not important but urgent, and not important and not urgent. 0 Urgent 4Not A B o C D Councilmember Tibbott explained the intent this year is to be more collaborative with the administration, have the council's and administration's A list synch up, and to calendar the items on an extended agenda. Ms. Peterson explained the extended agenda is a working, constantly changing document that represents staff s ideal sequencing of items that need to go to council. Mayor Rosen has suggested a legislative calendar that staff would create using their work plans for the year and sequencing coordinated between departments. Staff is in the process of building a vision for the year, in addition to the extended agenda, of items that need to come to council. This exercise is for the council to provide administration the primary outcomes they want to see happen during this year so they can be included in the legislative calendar. It was suggested items on the extended agenda and/or legislative calendar be color coded to distinguish between mandatory and discretionary items. Councilmember Tibbott reviewed what that been accomplished in Q 1-3 on the 2023 A list. Of the 14 items, there has been significant progress on 5, and several others are underway. He reviewed a list of top priorities from the 2023 ABC List identified by councilmembers and councilmembers commented on why they identified those items as top priorities to be moved onto the 2024 list of top priorities: Edmonds City Council Draft Minutes February 3, 2024 Page 4 Packet Pg. 56 7.2.a ❖ Revenue requirements evaluated - Long -Range Financial Planning, Taxation and Banking Capacity Options ❖ Evaluate Staffing / Review Budget of Staffing, staff efficiencies and retention ❖ Aging infrastructure, explore fire station facilities ❖ Environmental funding for Watershed/Erosion planned and pursued ❖ Consider reorganizing boards and commissions ❖ Engagement zones considered for implementation Discussion followed regarding why some of 2023 A list items were not accomplished. Councilmembers brainstormed the following: Known Priorities ❖ Comprehensive Plan Process Fire and Safety Contract ❖ Landmark 99 Project ❖ Budget Review: Expenses and Revenues, Biennial Budget ❖ Emergency Management ❖ Climate Resiliency ❖ Communication Top Priorities — Important and Urgent Objectives ❖ Program review and workforce needs assessment ❖ WWTP ❖ Preventative infrastructure and facility maintenance ❖ Full ADA compliance ❖ Timely financial reporting Fire ballot measure ❖ Maintain all existing city programs until financial reviews and opportunities are understood ❖ Create Citizens Financial Committee/Board ❖ Building trust in government ❖ Hwy 99 redevelopment and vitality ❖ Community renewal ❖ Cost reduction opportunities — identify redundances or waste of resources ❖ Public services for vulnerable community members, particularly disabled, senior, and financially stressed community members •'• Police •'• Police substation ❖ Response to extreme weather events ❖ (Councilmembers wrote additional top priorities on post -it notes that were not shared during the discussion) Councilmember Tibbott drew a three-ring target on the whiteboard. Ms. Peterson placed post -it notes with the top priorities from 2023 and the known priorities in the second/inner ring of the target. Councilmember Tibbott provided an analogy of the target he drew to fly fishing; the whiteboard is the river, the first/outer ring is the time of day, the second circle is the place on the river where fish hang out, and the center is the sweet spot which this exercise seeks to identify. He invited councilmembers to put post -it notes with their top priorities in the outer circle. Next, councilmembers participated in an exercise where they placed six checkmarks each next to topics/projects they identified as top priorities. The results were as follows: Votes I Topic/Project Edmonds City Council Draft Minutes February 3, 2024 Page 5 Packet Pg. 57 7.2.a 6 Infrastructure 5 Budget 5 Staff 5 Comp Plan 4 Public Safety 3 Landmark 3 Public Engagement/Communication 3 Environment 3 Human Services 3 Fire Safety 1 Boards 1 CEMP Councilmember Tibbott commented some of the categories have significant overlaps and can be combined; the intent was to provide the administration 3-5 primary outcomes to focus on in 2024 with topics/projects under each. Discussion followed regarding how the topics/projects could be combined into 3-5 primary outcomes, other cities that do not have boards/commissions who have to pay to hire consultants to get public feedback, and likelihood that anything that made it to the whiteboard would be worked on this year, and yesterday's discussion regarding priorities. Councilmember Tibbott relayed he will work with Ms. Peterson to create the primary outcomes with subcategories and bring that back as a council work session item. C. WHAT IS FIRST THING THAT COMES TO YOUR MIND? FACILITATED COUNCIL DISCUSSION Ms. Peterson led this exercise, explaining councilmembers had post -it notes corresponding to each of the 4 subtopics on the agenda. The relationship between the four subtopics is they are part of the process of how the council does its work as well as an exchange of information. The goal is to identify what is working, what is needed, and what the council might consider implementing. No conclusions will be reached; this is intended to be brainstorming and prioritize 1-2 of the topics. i. PUBLIC ENGAGEMENT Ms. Peterson invited councilmembers to respond to the following on the blue post -it: how can we receive public input most effectively and how can we do our best outreach? ii. WORK MEETINGS VS BUSINESS MEETINGS Ms. Peterson invited councilmembers to respond to the following on the orange post -it: in a measurement of minutes, what is ideal length of time per topic for a work session/meeting: 30, 60, 90 minutes? iii. SKILL BUILDING Ms. Peterson invited councilmembers to respond to the following on the green post -it: what is a needed area of growth and learning as an elected officials? State whether you have a particular skill set or resource that could provide training, preferable at no charge. iv. COUNCIL COMMENTS Edmonds City Council Draft Minutes February 3, 2024 Page 6 Packet Pg. 58 7.2.a Ms. Peterson invited councilmembers to respond to the following on the pink post -it: what's working, what could be done better to use that time most effectively? She asked councilmembers to give her their favorite/best idea (from all 4 categories). Councilmembers returned 3 post -its regarding public engagement and 3 regarding skill building as their favorite/best idea so those topics were identified as top priorities. Council input regarding public input/public outreach included: Public Enizaizeme • How can we receive public input most effectively? o Full council quarterly town halls o Boards/committees/commissions o Receive public input most effective in person or hybrid open house o Database to retain emails o Surveys through different methods o Boards and commissions o Email in comments • How can we do our best outreach? o Refer people to our emails from media blogs o Local media/social media with a formal written communication policy o Engage local neighborhood leadership and groups o Town hall o Public forums in various parts of the city o Staff led outreach workshops o Articles, opinions, letters, posts and our own social media platforms Discussion followed regarding using the City's Facebook more effectively, potential OPMA issue with use of social media, Mr. Dijulio's discouraging council from outreach on social media, importance of council talking to community members where they get information, value of a formal written communication policy for government outreach on social media and the internet, Snohomish County councilmembers publishing their own electronic newsletter and possibility of Edmonds city council doing a mini version, publishing a quarterly council newsletter, zone representation, holding quarterly town halls in different areas of town with the entire council, inviting neighborhoods to events, council office hours at the neighborhood city hall or public works, coffee with council events, identifying topics/themes for discussion during work meetings and town hall, DADUs as a topic for public engagement, remote council meetings/work sessions at schools, and creating directory of public places available for remote meetings. Skill Building • Needed area of growth and learning as an elected officials? o City administration & city planning o Understanding trauma as a root cause for vulnerability and need for human services o Understanding more about how city administration works o Using digital docs - spreadsheet and finance training o Levies and public funding o OPMA refresher o Work relationships o Budgeting by priorities and long range financial planning o Networking with municipal officers from other cites • Skill/Resources to provide training? o AWC Certificate of Municipal Leadership (CML), MSRC o AWC and SCC o City Attorney Jeff Taraday o Legal, journalist, small business owner (Councilmember Nand) Edmonds City Council Draft Minutes February 3, 2024 Page 7 Packet Pg. 59 7.2.a Ms. Peterson advised she would put the council's input regarding the other topics in a document and provided it to council. Council President Olson asked councilmembers to complete the two pages she emailed. Council President Olson asked for council input about allowing the mayor to have more dialogue at work sessions. Councilmembers agreed that would be appropriate. She invited councilmembers to contact her with ideas regarding how to allow the mayor to have more dialogue at regular council meetings. 5. CLOSING REMARKS Councilmember Chen provided closing remarks, thanking the mayor and directors for attending yesterday's retreat, support staff who made the retreat possible, and councilmembers for making time to attend both days of the retreat and for participating in the exercises. He commented on yesterday's presentations that clarified the roles of administration and council and the need to update the CENT and today's exercises related to setting priorities for the coming year. He was excited about the new year and the new council, and about the administration's and council's willingness to work toward a common goal to serve the City as a whole. He was touched by what he has seen and experienced and was confident the council with the support of citizens, volunteers, administration, executive team, and staff will get through the difficulties facing the City. He assured citizens that elected officials and the administration are doing the best they can, operating lean and not duplicating resources, to provide the services that citizens deserve. ADJOURNMENT With no further business, the Council retreat was adjourned at 3:57 p.m. Edmonds City Council Draft Minutes February 3, 2024 Page 8 Packet Pg. 60 7.3 City Council Agenda Item Meeting Date: 02/27/2024 Approval of Committee Meeting Minutes February 13, 2024 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 Council meeting minutes are attached. Attachments: 2024-02-13 Council PPW Minutes 2024-02-13 Council PSPHSP Minutes 2024-02-13 Council FIN Minutes Packet Pg. 61 7.3.a PARKS & PUBLIC WORKS COMMITTEE MEETING February 13, 2024 Elected Officials Present Staff Present Councilmember Susan Paine (Chair) Rob English, City Engineer Councilmember Michelle Dotsch Bertrand Hauss, Transportation Engineer Council President Olson (ex-officio) Jeanne McConnell, Engineering Program Manager Councilmember Jenna Nand Ryan Hague, Capital Projects Manager Angela Tinker, City Attorney's Office Scott Passey, City Clerk CALL TO ORDER The Edmonds City Council PPW Committee meeting was called to order virtually and in the City Council Conference Room, 121 — 51h Avenue North, Edmonds, at 1:30 pm by Councilmember Paine. 2. COMMITTEE BUSINESS 1. Committee Updates • Wayside Crossing System/Train Horns Councilmember Paine referred to the City's February 6 public media release regarding short circuits in the electrical system at the Dayton Street crossing that caused intermittent outages. Discussion followed regarding when the issue would be resolved. Committee recommendation: Information 2. Presentation of Update on 2024 Transportation Plan, including Multimodal Level of Service (MMLOS) Mr. Hauss reviewed: Key Plan Updates o What's Going to be Different from the Existing Element? ■ Planning Horizon year = 2044 ■ Incorporate updated subarea plans ■ Updated long-term project list and costs ■ Financial strategies to identify how the high priority projects can be implemented • Planning Process o Major Steps to Updating the Transportation Element ■ Evaluate existing transportation systems conditions and issues ■ Prepare travel forecasts and evaluate needs ■ Define/update multimodal improvement projects ■ Update transportation policies ■ Documentation and quality control • Project Schedule * Tl p�llo ln� 3 Meelllg *(Mllln Dpen Houses lPUMk t�dn Mee 9 - — 7119, S plemDet Packet Pg. 62 7.3.a 02/13/24 PPW Committee Minutes, Page 2 Patrick Lynch, Transpo Group, reviewed: • Multimodal LOS (MMLOS) o GMA & RCW Amendments to Transportation Requirements o GMA Transportation Concurrency Requirements o LOS Outcomes, Trade -Offs, and Balance of Modes • What is Transportation Concurrency o Growth management requires multimodal transportation systems to be adequate to serve planned growth. Transportation concurrency links land use plans with multimodal transportation and capital improvement plans, providing a tool for effectively managing and balancing community growth • Edmonds Existing LOS Standards o LOS C ■ All intersections on City collector streets o LOS D ■ Signalized intersections on City arterial streets ■ Intersections on Highways of Statewide Significance (HSS)* within Edmonds, including: - SR 104 - SR 99 south of SR 104 * Not subject to Edmonds LOS or Transportation Concurrency ordinance, but City required to identify HSS intersections not meeting WSDOT LOS D standard o LOS E ■ Intersections on Highways of Regional Significance (HRS) within Edmonds, including: - SR 99 north of SR 104 - SR 524 • Edmonds Vehicular LOS Standards bfi r.0 O.eea Aegms naw [mvm U. iwu C 0 N� 0 o v o 0 o c o 00 O 0 0 o Oh o n ca o 2023 = Only 1 intersection not meeting City LOS D standard ■ SR 104 (Edmonds Way)/238th St o Stop sign control on side streets o Low volume side streets experience delay to accommodate higher volume SR 104 traffic flow o LOS F operation for worst movement only (left -turns) during PM peak hour Traditional Highway Capacity Manual Vehicular LOS Standards o Issues with vehicular LOS ■ Counts Cars, Not People ■ Vehicle Thru-put/Intersection Delay = Measures of Driver Inconvenience ■ Demand exceeds supply during narrow PM Peak Hour; Does not equal "Failure" ■ Major funding decisions using public tax dollars that will last for decades ■ Auto -centric LOS standards require auto- centric "capacity" (widening) mitigation Packet Pg. 63 02/13/24 PPW Committee Minutes, 7.3.a e3 ■ Contributes to urban sprawl and even more traffic congestion Complete Streets: Who Are We Planning For? Pedestrians Bicycles �J Public Transit —O Commercial/Freight -0 High Occupancy Vehicle Single Occupancy Vehicle T�� BALANCE ALL mobility needs for ALL modes must be carefully considered, BALANCED, and implemented for the MULTIMODAL transportation system to provide space and safety for EVERYONE. Work Completed or in Process ✓ Traffic Calming Program Revisions — Summer 2023 ■ Administrative Request ■ Criteria updated; scoring revised ✓ Transportation Goal & Policy Audit ■ Evaluate 2015 goals & policies for compliance with GMA & PSRC ■ Strength test to maximize PSRC certification of 2024 Edmonds TE ✓ Existing Conditions Update ■ Update inventory of existing transportation conditions ✓ Monthly meetings with Transportation Advisory Committee ■ Information/Education on transportation issues/topics ■ Community input and interaction ■ Recommendations and guidance In Process or Upcoming Work ➢ Evaluating Pedestrian, Bicycle, Trail, & Transit Networks ■ Confirm primary & secondary pedestrian, bicycle, & transit routes ■ Identify gaps & improvement needs on each modal network ■ Consider prioritization factors (Centers, destinations, volumes, safety) ❑ Prepare Long-range Travel Forecasts ■ Based on updated Travel Demand Model ■ MMLOS = Mobility for people, not just vehicles ❑ Evaluate Future Transportation System ■ Refine MMLOS standards: Existing vs. Desired Multimodal Networks ■ Identify improvement project needs, costs, and priorities ❑ Financial Strategies to Maintain MMLOS Standards ■ Project list translates to cost of development & City implementation strategy ■ Refine LOS standards, if needed Questions and discussion followed regarding difficulty prioritizing all modes in every corridor, creating a transportation system that connects various modes, how land use and limited public transportation in Edmonds are considered, new transit routes with the opening of light rail, future changes related to transit, communicating with transit agencies, whether MMLOS would help projects score higher for Safe Routes to Schools grants, and considering undergrounding utilities and beautification when redesigning streets. Committee requested the February 27 presentation to council include cost to the City of MMLOS versus current autocentric LOS and PSRC requirements related to the transportation element. Committee recommendation: Full council February 27 3. 10-ft Dedication for 75th PI W Right -of -Way Adjacent to 15604 75th PI W Packet Pg. 64 7.3.a 02/13/24 PPW Committee Minutes, Page 4 Mr. English explained this dedication is related to a proposed single family residence. The current right- of-way is 40 feet and the Official Street Map calls for a 10-foot future right-of-way dedication on the west side of 75t" Place W. The applicant went through the process of nexus and proportionality and the estimated cost of $500,000 to build a wall and supporting structure did not support construction of a sidewalk. Mr. English and Ms. McConnell responded to questions regarding whether the 10-foot right-of-way dedication was needed if no sidewalk would be constructed, a resident's inquiry about Ordinance 2799 related to a vacation north of Meadowdale Beach Road, and a right-of-way construction permit. Committee recommendation: Consent agenda 4. Presentation of Main St Overlay Project Update Mr. English reviewed: • Project Introduction & Background o City pursued and won a $750K PSRC grant in 2020 for overlay of Main St from 6th Av to 8th Ave • Grant requires matching funds from City • Design funds became available in 2023 ■ Construction funds are available in 2024 o Design contract with KPG Psomas was approved in May 2023. o City of Edmonds staff, following City's Complete Streets Ordinance #3842, identified an opportunity to add an eastbound (uphill) bicycle lane by narrowing travel and parking lanes throughout the corridor. o A second bike lane for westbound (downhill) cyclists would require elimination of parking on one side of Main St. Parking surveys confirmed heavy parking demand in the corridor making the elimination of one parking lane undesirable. Area Map Mr. Hague reviewed: Parking counts were performed morning, afternoon, and evening on Wednesday, January 24th through the morning of Monday, January 29, 2024 Mr. English continued: Existing Section Packet Pg. 65 7.3.a 02/13/24 PPW Committee Minutes, Page 5 ffl F71p1j,SouthR88WlLanes,Parkin 8 8 14 14 8 8 Walk Parki T,a [ Lanes TraWalk EW 8 44 8 (E N. Side Curb to Curb S. Side • Pedestrian Improvements o Curb bulb -outs ■ Bulb -outs shorten crossing distance for pedestrians in addition to making them more visible to motorists o Ramp to accessible parking at Frances Anderson Center ■ Existing accessible parking at FAC does not have adequate facilities for users to access sidewalk. • 711 & Main %WN IT c.c ct • 8th & Main Packet Pg. 66 7.3.a 02/13/24 PPW Committee Minutes, Page 6 Paving Project Schedule o Design phase ■ Complete in spring 2024 o Construction phase • Start in summer 2024 and complete by late summer 2024. Striping to occur in late summer • Preliminary Construction Estimate = $916,525 Questions and discussion followed regarding concern bulb -outs do not provide adequate turning radius for large trucks, concern with cost of sidewalks on 7th and 8th when both are dead-end streets, need for lighting around the Frances Anderson Center, concern with cost to provide a bike lane for only two blocks, areas on 8th where the sidewalk has been redone, cost of a traditional corner versus a bulb -out with landscaping, concern this is a project in search of a solution, concern there is a bike route a block away on Dayton, plans to continue the bike lane on Main to 9th and potentially up to Five Corners, concern with narrowing Main with bike lanes, and 9th & Main intersection design. Committee recommendation: Public update March 7 5. 5-ft Public Sewer Easement alona West Property Line of Lot 1 in Vehrs Short Plat Mr. English explained during review of a proposed 2-lot short plat at 520 Forsyth Lane, it was determined obtaining a 5-foot public sewer easement would be beneficial for future maintenance. The sewer main is located on the property to the west of 520 Forsyth near the property line. Staff is requesting a 5-foot public sewer easement be dedicated as part of this short plat. Committee recommendation: Consent agenda. 6. Presentation of Proposed Acquisition of 7317 Lake Ballinger Way Property Mr. English relayed the Department of Ecology awarded the City $500,000 toward acquisition of this parcel. The grant requirements include several pre -acquisition steps; several have been completed, a couple remain such as review by the State AG office related to developing a short term and long term stewardship plan. That information is being prepared and will be sent to DOE. If DOE agrees with the City's proposal, it will go on to the State AG's office for review, a minimum of 4 weeks. The required baseline inventory is in progress as well as appraisal review. A presentation regarding the water quality deed and purchase & sale agreement will be made to council in 6-8 weeks. The property owner is willing to sell at the appraised amount of $480,000. Once the sale is complete, demolition of the structure will occur, followed by restoration of the property and potential use as a water quality rain garden/bio detention facility to treat runoff from SR 104 before entering Lake Ballinger. Mr. English responded to council questions whether the deed restrictions would allow a rain garden, whether demolition will include dismantling the dock, and cost of asbestos abatement and removal of the dock. Committee recommendation: Future presentation to council 7. Presentation of Department of Ecology Agreement - 2023-2025 Biennial Stormwater Capacity Grant Mr. English relayed DOE makes capacity grants available for agencies to help implement and meet the stormwater permit. The City received $75,000 last year; the program staff applied to in August 2023 allocated $130,000. The funds must be expended between July 2023 and March 2025. Staff is developing a scope of work for use of the funds. Mr. English responded to questions regarding eligible expenses. Packet Pg. 67 7.3.a 02/13/24 PPW Committee Minutes, Page 7 Committee recommendation: Consent agenda I 8. A Motion of the Citv of Edmonds Grantina to AT&T Wireless Services of Washington, LLC, an Oregon Limited Liability Company, d/b/a AT&T Wireless, by AT&T Wireless Services, Inc., a Delaware Corporation, its Member (Lessee), Authorizing the Mayor to Sign a Consent to a Holdover Tenancy of the Facilities Lease as Provided for in Said Lease Ms. Tinker explained this motion would authorize the mayor to provide the City's written consent to hold over on a month -to -month basis on the terms already outline in the lease. There are three tenants at that location, the 20-year lease ended before the tenancy of the others. This would facilitate negotiating the three at the same time. Ms. Tinker responded to questions regarding month -to -month tenancy, late fees that would be collected before entering into a long term lease with this tenant, leasehold excise tax collection, updates required in the lease, and updating insurance as part of the new lease. Committee recommendation: Consent agenda 9. An Ordinance of the Citv of Edmonds Grantina to New Cinaular Wireless PCS LLC, a Delaware Limited Liability Company, Successor in Interest to AT&T Wireless Services of Washington, LLC, an Oregon Limited Liability Company, d/b/a AT&T Wireless, its Successors and Assigns, an Extension of the Franchise Granted under Ordinance 3441, Establishing an Effective Date Ms. Tinker advised this ordinance extends the franchise through August. The rights and obligations extend continuously through that date. The intent of the extension is to combine this with another franchise held by New Cingular Wireless. Committee recommendation: Consent agenda 3. ADJOURNMENT The meeting was adjourned at 2:58 pm. Packet Pg. 68 7.3.b PUBLIC SAFETY, PLANNING, HUMAN SERVICES & PERSONNEL COMMITTEE MEETING February 13, 2024 Elected Officials Present Staff Present Councilmember Neil Tibbott (Chair) Michelle Bennett, Police Chief Councilmember Chris Eck Rod Sniffen, Assistant Police Chief Council President Vivian Olson(ex-officio) Shane Hawley, Police Commander Councilmember Susan Paine Shannon Burley, Deputy Parks, Rec. & Human Serv. Dir. Councilmember Jenna Nand Ross Hahn, WWTP Division Manager Councilmember Will Chen Emily Wagener, Human Resources Analyst Scott Passey, City Clerk 1. CALL TO ORDER The Edmonds City Council PSPHSP Committee meeting was called to order virtually and in the City Council Conference Room, 121 — 51h Avenue North, Edmonds, at 3:30 p.m. by Councilmember Tibbott. COMMITTEE BUSINESS 1. Committee Updates • Update on Social Services during January Cold Weather Ms. Burley explained the Edmonds human services department is not a direct service provider; it serves as a hub to connect those in need with services which are often provided by nonprofits and faith based institutions. The cold weather shelter in Snohomish County at Maple Park Church is run by Volunteers of America. During January's cold snap, it reached the 50 persons capacity multiple days, but no one was turned away. She referred to additional written information provided to council. In addition to January, the cold weather shelter also opened on February 9 when temperatures were below 34 degrees. During the cold snap, several daytime warming shelters were available including the Waterfront Center, libraries, and the neighborhood community office. Snohomish County has a cold weather website. Questions and discussion followed regarding referring people in need to the City's Human Services Manager Mindy Woods, percentage of people at warming centers that were seniors, helping people who are not seeking support, appreciation for the work human services provides to vulnerable populations, efficiency of volunteers at Maple Park Church, whether there were any teens at the cold weather center, resources available for children and teens, hours for neighborhood city hall, unhoused persons seeking shelter at Safeway during weather events, and resources available at the neighborhood city hall. Ms. Burley encouraged councilmembers if they encounter an unhouse individual, to contact the City's human services to connect them with services appropriate to their current situation. • Update on Fire Contract Assessment Councilmember Tibbott reported Fitch has received all the data they requested from South County Fire (SCF) and it has been forwarded to their analyst along with information from SCF regarding estimated taxes if the City joined the RFA. He expected a report to either the PPW committee or full council in March. Councilmember Chen requested an update at a future meeting regarding Snohomish County providing bridge housing in the hotel on Highway 99. Packet Pg. 69 7.3.b 02/13/24 PSPHSP Committee Minutes, Page 2 Committee recommendation: Information 2. ILA - First Responders Flex Fund Chief Bennett advised Snohomish County provides funds annually to address homeless individuals' urgent needs through first responders. The agreement in the packet will grant Edmonds Police Department $4100 of reimbursable funds. Assistant Chief Rod Sniffen advised the First Responders Flex Funds are an important part of the social worker outreach. The funds can be used to address unique needs not covered by other services. Questions and discussion followed regarding whether there is an ability to request more funding next year, whether the funds can be used for hotels, and process for using these funds. Committee recommendation: Consent agenda 3. WWTP Job Descriptions Ms. Wagener explained the WWTP asset/project management specialist was approved in the 2024 budget. The operator series classification was approved through the collective bargaining process to allow room for growth. Mr. Hahn explained during collective bargaining the general plant operator position was changed to an operator 1, 2, 3, but only one job description existed for plant operator. There is a pay scale difference based on certification level so a job description was developed for each level based on certification level, years of experience, competency with process and equipment, etc. The operator 3 is almost a lead position; the WWTP is required to have at least one grade 3 operator on shift. Ms. Wagener advised the operator series positions are Teamsters and although the positions were approved in the collective bargaining process, she will send the union the complete job description to allow for bargaining of any impacts. She did not anticipate any impacts will need to be bargained. Questions and discussion followed regarding changing the operator position to an operator series with the same number of positions, and funding WWTP employees via an enterprise fund. Committee recommendation: Consent agenda 4. Interlocal Agreement with Alliance for Housinq Affordability (AHA) Councilmember Tibbott advised the City of Monroe and the Town of Darrington want to be added as parties to the ILA which under the current rules, requires a vote of the entire membership. This amendment will add Monroe and Darrington as parties to the ILA as well as streamline the procedure for the future addition of parties to the ILA. Committee recommendation: Consent agenda 5. Amending ECC 1.03.020 Posting of Notices Mr. Passey explained there are three official posting places: city hall, public safety complex and Edmonds Library. With the public's increased reliance on notices/announcements on the City's website, paper notices with links are not as functional or informative. Edmonds Library staff expressed support for removing City notices at library. The Port has also discontinued posting public notices at the library. The ordinance in the packet will amend the code to eliminate the Edmonds Library as a posting place. Packet Pg. 70 7.3.b 02/13/24 PSPHSP Committee Minutes, Page 3 I Committee recommendation: Consent aqenda I 6. Council Rules of Procedure Councilmember Tibbott explained the intent is for various committees to review one procedure/month for the next several months. Mr. Passey explained best practices dictate rules beyond Roberts Rules of Order provide greater understanding and transparency about the roles, rights and responsibilities of councilmembers and the public and facilitate the orderly conduct of business at council meetings. The rules address many areas including duties of officers, agenda preparation, meeting management, decorum, motions, etc. Sections 6, Council Conduct, and 7, Code of Ethics, have been previously approved and will be incorporated into the final version of the Rules of Procedure. Mr. Passey explained the council is already following most of the rules that will be proposed; this will be an effort to memorialize current practices. For the rules that are already governed by other laws or rulings, a citation is include for ease of reference. Once all the sections have been reviewed, a resolution will be prepared adopting them all as one package. Council's Rules of Procedure may be amended at any time by subsequent resolution. Mr. Passey continued, today's discussion is regarding section 3, agenda preparation, and section 8, public testimony. As proposed, section 8 includes a definition for disorderly conduct from a 9th Circuit Court decision in 2013, Acosta v. City of Costa Mesa. If the council intends to enforce disorderly conduct, he recommended including a definition in the council's rules. There have been numerous reports and concerns in the region about hate speech expressed in public meetings; this proposed rule will not prevent it from occurring in Edmonds, but will set up the council to respond in a responsible way without risk of speech restrictions or viewpoint discrimination. With regard to enforcement, speaking permission can be removed for virtual speakers and for in -person comments, the chair would have the discretion to take action to address violations in real time. Council input regarding Section 8 included: • Section 8.2: limit public comment to 2 minutes when large numbers of people are signed up to speak on the same topic • Council is not required to publish public comments in the minutes • Written instructions at podium regarding procedures for public comment • Section 8.1: add opportunity for public comment on council business items after presentation, especially if information in the packet was updated(Council President Olson provided proposed language via email). Separate signup sheets would be provided for audience comment and for agenda items • Add language to revised language for section 8.1 that members of the public speaking during audience comments or during an agenda item would still be allowed to speak during a public hearing Council input regarding section 3 included: • Support two readings for ordinances Questions and discussion followed regarding using the verbatim definition of disorderly conduct from the court case in the council rules, pros and cons of having public comment during council business items, allowing the public to make comment on agenda items during audience comments or during the council business item, concern allowing comment during agenda items will not provide equitable access to meetings, current ability for constituents to reach councilmembers in multiple ways to comment on council business before the meeting as well as early in the agenda, and concern with he said/she said statement/rebuttal discussion. Packet Pg. 71 7.3.b 02/13/24 PSPHSP Committee Minutes, Page 4 Committee recommendation: Full council I 7. Abandonment of a Dependent Person Commander Hawley advised Items 7, 8 and 9 are city code updates adopting the RCW by reference; the city attorney has reviewed all three. The RCW regarding abandonment of a dependent person has existed since 2003. This amendment also strikes cyberstalking. The RCW changed and no longer includes cyberstalking; a new cybercrime code section will be introduced in the future which includes cyberstalking. Committee recommendation: Consent agenda 8. Interfering with Health Care Commander Hawley advised this exists in city code; the RCW has been updated so the city code also needs to be updated to adopt the RCW allowing it to be charged in municipal court as well as add definitions. This includes a non -chargeable RCW that covers legal picketing at healthcare facilities. Questions and discussion followed regarding lawful (non -chargeable) versus unlawful picketing, and the definition of lawful picketing. Committee recommendation: Consent agenda 9. Possession of Another's ID Commander Hawley explained this is to adopt the RCW regarding possession of another's identification, a misdemeanor crime. Typically when someone is arrested for possession of another's identification, they have other fraud related charges related to car prowling, purse theft, etc. Questions and discussion followed regarding use of another's identification for fraud, working with the new prosecutor to adopt criminal code into City's code, future code updates to adopt RCWs, inability to charge crimes in municipal court unless the RCW is adopted in the City code, exception for family members holding ID for a disabled family member, and whether enforcement has impacts on the undocumented population. Commander Hawley advised section 3 of the ordinances for Items 7, 8 and 9, should read, "This ordinance, being an exerGise of a power speGif;Ga"„ delegated to administrative function of the City Council legislative body, is not subject..." An updated version of the ordinance will be on the consent agenda. Councilmember Nand relayed she met with Snohomish County Councilmember Strom Peterson in Olympia and requested a town hall regarding Snohomish County's purchase and conversion of America's Best Value Inn on Highway 99 to bridge housing. Committee recommendation: Consent agenda 3. ADJOURN The meeting was adjourned at 4:59 p.m. Packet Pg. 72 7.3.c FINANCE COMMITTEE MEETING February 13, 2024 Elected Officials Present Staff Present Councilmember Will Chen (Chair) Dave Turley, Administrative Services Director Councilmember Jenna Nand Kim Dunscombe, Deputy Admin. Serv. Director Council President Vivian Olson (ex-officio) Angie Feser, Parks, Rec. & Human Serv. Dir. Councilmember Susan Paine Shannon Burley, Deputy Parks, Rec. & Human Serv. Councilmember Michelle Dotsch Dir. Jeff Taraday, City Attorney Brian Tuley, Information Services Scott Passey, City Clerk CALL TO ORDER The Edmonds City Council Finance Committee meeting was called to order virtually and in the City Council Conference Room, 121 — 5' Avenue North, Edmonds, at 5:30 p.m. by Councilmember Chen. 2. COMMITTEE BUSINESS 1. Committee Updates • OpenGov and ERP update Mr. Turley provided an update regarding OpenGov, explaining after further review, it is a budget reporting tool, not a budget creation tool and not something that can be used to build a biennial budget. Once the budget is adopted, information from the adopted budget will be input into OpenGov, which will take one person 6-8 weeks of full-time work. The position intended to do that work is currently vacant and subject to the hiring freeze. Mr. Tuley provided an update on the ERP, explaining the City has been using an accounting management software, Eden, produced by Tyler Technology, for approximately 20 years. Tyler Technology notified the City that product will be at end of life and support no longer provided effective March 1, 2027. Research found a several municipalities in Washington use another Tyler Technology product, Munis, the direct successor to Eden. Two agreements with Tyler Technology are under review, the software service agreement and statement of work for the project. The current cost of Eden is $103,000/year for annual maintenance; the annual maintenance on Munis is $200,000/year. The estimated implementation cost for Munis is $474,000 distributed over the 24-36 month implementation period. As several City functions utilize the ERP, the cost will be spread over multiple funds, notjust the General Fund. Tyler Technology is the largest provider of municipal based accounting software in the state; their price is probably competitive and less expensive than the competitors. Next steps are reviewing the terms of the agreements, developing a calendar, and legal review and then presentation to the Finance Committee. Questions and discussion followed regarding the initial process that began in 2021, consultant originally hired to walk the City through the process, staffing efficiencies, providing transparency for engaged citizenry to avoid public records requests, comparative analysis with other cities regarding transparency, funds included in the budget for Munis implementation, and whether Tyler Technology will help implement the Munis ERP. Packet Pg. 73 7.3.c 02/13/24 Finance Committee Minutes, Page 2 Committee recommendation: Information 2. Opioid Funding Ms. Dunscombe explained this discussion is not about how to spend money, but what to expect. She reviewed: • Washington State Lawsuits on Opioid Epidemic ■ Legal actions were initiated to hold accountable the individuals responsible for the opioid epidemic and Washington State participated in the legal proceedings. ■ Edmonds joined via an MOU which ensures eligibility to receive settlement funds from the lawsuits • What This Means to our Community o According to the state's latest calculation, the City will receive $1,510,717 over 17 years o Total cash received as of January 1, 2024: $74,119 o Spending must be consistent with the state's plan and/or we can work with other local municipalities and pool funds for a larger impact. • Snohomish County and Cities Snohomish County 6.9054415622% $34,103,904.24 Arlington 0.2620524080% $1,294,198 23 Bothell— 0.2654558588% $1,311,006.85 Edmonds 0.3058936009% $1.510.716.73 Everett 1.9258363241 % $9,511,127.85 Lake Stevens 0.1385202891% $684,11015 (Lynnwood 0.7704629214% $3.805.085.23 Marysville 0.3945067827% $1,948,350 65 Mill Creek 0.1227939545% $606.442.50 Monroe 0.1771621898% $874,950.91 Mountlake Terrace 0.2108935805% $1,041.540.13 Mukilteo 0.2561790702% $1,265,19157 Snohomish 0.0861097964% $425.270.45 Snohomish County total 11.8213083387% $58,381,895 49 Questions and discussion followed regarding a deputy fire chief's suggestion to use the funds to distribute Narcan to people receiving CPR training, partnering with neighboring jurisdictions when reacting to a regional issue, demonstration in the use of Narcan provided to Poulsbo and Bainbridge Island city councils, using funds to pay for services for people in jail suffering from addiction, and whether Snohomish County will set up Suboxone clinics. Committee recommendation: Information 3. 2024 February Budget Amendment Mr. Turley explained these amendments were previous called carryforward amendments which affected the beginning fund balance; however, this year these budget amendments will be recorded the same as other budget amendments and will not affect the beginning fund balance. He explained the amendments do not affect the General Fund; if approved, the amendments would increase budgeted revenue by $996,000; increase proposed expenditures by $4,622,000 and affect the ending fund balance by $3.7 million. The amendments are almost entirely utilities and street funds as well as REET because most of the amendments are related to projects in process last year that were not closed out by year end. He reviewed the amendments: • Highway 99 Revitalization Project Stage 2 • Citywide Bicycle Improvement Project • 2023 Traffic Signal Upgrades • 2023 Pavement Preservation Program Packet Pg. 74 7.3.c 02/13/24 Finance Committee Minutes, Page 3 • Citywide Lighting Study • 2023 Traffic Calming Program • Elm Way Walkway • Mathay Ballinger Park Improvements • Civic Park Completion and Closeout • Civic Park Bond Payments & Interest — fund with REET instead of Parks Capital Construction Fund • Yost & Seaview Reservoir Repairs and Upgrades • Phase 14 Waterline Replacement Project • Phase 7 Sewer Replacement Project Closeout • Phase 10 Sewer Replacement Project Closeout • Phase 11 Sewer Replacement Project Closeout • Citywide CIPP Sewer Rehabilitation Project Phase 3 • Main St. Overlay from 6th Ave. to 8th Ave $ • Lower Perrinville Creek Restoration • Stormwater Comprehensive Plan Update • Phase 4 Storm Rehabilitation Project • 7317 Lake Ballinger Way Property Purchase & Demolition • Edmonds Marsh Water Quality Improvements Phase 2 • Cemetery Excavator • Propane Conversions • Fleet Vehicle Replacements Questions and discussion followed regarding whether park impact fees could have a geographic correlation, grant for 7317 Lake Ballinger Way property purchase and demolition, whether carryover amendments could be reduced by working with departments in November to true up projects before finalizing the budget, biennial budget reducing the need for carryover, proposed loan from the utility fund, proposed transfer from building maintenance fund to General Fund, why one year's ending balance does not equate to the next year's beginning balance, why beginning fund balance was changed in August, the public's interest in transparency of the City's financials, how Mike Bailey's anticipated recommendation regarding more detailed reports will be implemented, whether to amend the beginning fund balance to reflect the budget amendments, Mr. Bailey's recommendation not to amend the General Fund now, and concern with historical revisions to the beginning fund balance. Committee recommendation: Full council (5 minutes) 4. Preliminary December 2023 Quarterly Financial Report Mr. Turley highlighted: • REET revenues are down $1.2 million compared to 2022 which reflects development and home sales slowing due to high interest rates • Sales tax revenue is up $357,000 compared to 2022 • Development services revenues is up $369,000 compared to 2022 • Parks and recreation program fees are up $200,000 compared to 2022 • Total interest earnings up $592,000 compared to 2022 Questions and discussion followed regarding clarifying the council's expectation regarding monthly and quarterly reports, monthly versus quarterly revenue and expenditure reports, difference between municipal and public sector finances, notification when approaching use of contingency fund reserves, inventory of capital assets, waiting for the recommendations from Mr. Bailey and the Blue Ribbon Panel, fiduciary duty to maintain public assets, utilization of restricted fund balance in 2023, generating Packet Pg. 75 7.3.c 02/13/24 Finance Committee Minutes, Page 4 additional revenue by shifting investments from the Snohomish County investment pool to WA state investment pool, and the philosophy behind the City's investment policy. Committee recommendation: Received for Filing 5. Ordinance Establishing Authorized Employee Positions and Pay Ranges Mr. Taraday explained at the end of 2023, the council adopted Ordinance 4336 establishing authorized employee positions which expressly stated that the authority to hire seasonal employees shall be provided by separate council action. Regular employees are eligible for benefits; irregular employees are not. While preparing the list of seasonal employees (Attachment B: Full-time and Part-time Irregular Employees), the administration discovered parks maintenance worker and preschool assistant were benefit eligible positions and needed to be included on Attachment A (Full-time and Part-time Regular Employees. He advised there were a few hiccups creating Attachment B; therefore Exhibit B in the packet (total of 10.67 FTE) is not what the administration is requesting council adopt (total 11.8 FTE). He reviewed: • Changes to Attachment A o Add 5.0 FTE parks maintenance worker seasonal o Add 0.5 FTE preschool assistant • Changes to Attachment B o Delete 5.0 FTE parks maintenance worker seasonal (moved to Attachment A) o Delete of 0.5 FTE preschool assistant (moved to Attachment A) o Delete duplicate facility attendant o Added 3.0 FTE seasonal street department o Added 0 FTE to approved classifications not being used (temporary office worker, intern, temporary project specialist) o Increase pro tem judge from 0.1 to 0.5 Mr. Taraday summarized all the numbers on the revised Attachment B are reflected in the 2024 budget with the exception of the pro tem judge. Questions and discussion followed regarding why this is being presented by the city attorney instead of HR; intent of the ordinance to set the maximum allowable hiring authority, not the number of employees employed; and requirement to amend Attachment B if the City hires interns as Attachment B indicates 0. Committee recommendation: Consent agenda with updated Attachment B 3. ADJOURNMENT The meeting was adjourned at 7:33 pm. Packet Pg. 76 7.4 City Council Agenda Item Meeting Date: 02/27/2024 Approval of claim checks and wire payment. Staff Lead: Dave Turley Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #261394 through #261515 dated February 15, 2024 for $624,072.06 and wire payment of $22,411.32. 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 02-15-24 Agenda copy Packet Pg. 77 7.4.a apPosPay 2/15/2024 10:06:47AM Document group: jacobson Positive Pay Listing City of Edmonds Page: 1 Vendor Code & Name Check # Check Date Amount 041695 3M XAM3522 261394 2/15/2024 3,430.17 076040 911 SUPPLY INC 261395 2/15/2024 993.14 070322 A&A LANGUAGE SERVICES INC 261396 2/15/2024 190.00 065052 AARD PEST CONTROL 261397 2/15/2024 103.87 000135 ABSCO ALARMS INC 261398 2/15/2024 513.83 079367 AGRII PARTY & EVENTS 261399 2/15/2024 2,033.93 000850 ALDERWOOD WATER DISTRICT 261400 2/15/2024 160.329.60 073573 ANIXTER 261401 2/15/2024 471.76 069751 ARAMARK UNIFORM SERVICES 261402 2/15/2024 348.92 025217 ARG INDUSTRIAL 261403 2/15/2024 139.62 064341 AT&T MOBILITY 261404 2/15/2024 1,749.15 070305 AUTOMATIC FUNDS TRANSFER 261405 2/15/2024 378.75 077387 AVEDISYAN. RUBEN 261406 2/15/2024 130.00 071421 BIO CLEAN INC 261407 2/15/2024 469.63 074307 BLUE STAR GAS 261408 2/15/2024 905.22 079520 BONZAI BOBS LLC 261409 2/15/2024 237.82 072005 BROCKMANN, KERRY 261410 2/15/2024 2,301.57 003001 BUILDERS SAND & GRAVEL 261411 2/15/2024 7,941.31 073029 CANON FINANCIAL SERVICES 261412 2/15/2024 850.61 003510 CENTRAL WELDING SUPPLY 261413 2/15/2024 98.44 063902 CITY OF EVERETT 261414 2/15/2024 534.60 019215 CITY OF LYNNWOOD 261415 2/15/2024 3,414.83 078902 COLEMAN OIL COMPANY LLC 261416 2/15/2024 34,365.31 075384 CONOM LAW FIRM PLLC 261417 2/15/2024 1,717.50 072786 CTS LANGUAGE LINK 261418 2/15/2024 93.51 046150 DEPARTMENT OF LABOR & INDUSTRY 261419 2/15/2024 174.30 047450 DEPT OF INFORMATION SERVICES 261420 2/15/2024 285.00 076172 DK SYSTEMS 261421 2/15/2024 207.19 075153 DOPPS, MARIA 261422 2/15/2024 130.00 079281 DVAADVERTISING & PUBLIC REL 261423 2/15/2024 515.11 068292 EDGE ANALYTICAL 261424 2/15/2024 1,474.00 007675 EDMONDS AUTO PARTS 261425 2/15/2024 21.25 076610 EDMONDS HERO HARDWARE 261426 2/15/2024 281.90 063448 EDMONDS LIONS CLUB 261427 2/15/2024 500.00 008705 EDMONDS WATER DIVISION 261428 2/15/2024 1,951.43 075200 EDUARDO ZALDIBAR 261429 2/15/2024 130.00 008812 ELECTRONIC BUSINESS MACHINES 261430 2/15/2024 449.44 079517 ELECTRONIC MOBILE SOLUTIONS 261431 2/15/2024 8,302.64 067945 EMPLOYMENT SECURITY DEPT 261432 2/15/2024 27.00 009350 EVERETT DAILY HERALD 261433 2/15/2024 213.28 066378 FASTENAL COMPANY 261434 2/15/2024 562.33 075393 FITCH & ASSOCIATES LLC 261435 2/15/2024 22,250.00 072138 FUELCARE INC 261436 2/15/2024 1,436.50 072634 GCP WW HOLDCO LLC 261437 2/15/2024 1,099.85 076932 GIRARD RESOURCES & RECYCLING 261438 2/15/2024 1.921.00 063137 GOODYEAR AUTO SERVICE CENTER 261439 2/15/2024 643.00 012199 GRAINGER 261440 2/15/2024 415.59 079012 HARLOW E & FALK LLP 261441 2/15/2024 160.00 076333 HASA INC 261442 2/15/2024 8,429.28 010900 HD FOWLER CO INC 261443 2/15/2024 19.642.11 066575 HERC RENTALS INC 261444 2/15/2024 1,327.41 074966 HIATT CONSULTING LLC 261445 2/15/2024 200.00 078923 HKA GLOBAL INC 261446 2/15/2024 5,005.00 Page: 1 Packet Pg. 78 apPosPay Positive Pay Listing 2/15/2024 10:06:47AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 076240 HIM PACIFIC NORTHWEST INC 261447 2/15/2024 1.397.38 067862 HOME DEPOT CREDIT SERVICES 261448 2/15/2024 1,217.25 061013 HONEY BUCKET 261449 2/15/2024 581.90 076540 IMSA 261450 2/15/2024 100.00 078250 KAUFER DMC LLC 261451 2/15/2024 300.00 072650 KCDA PURCHASING COOPERATIVE 261452 2/15/2024 255.06 078946 KITCHENS, KYLEE 261453 2/15/2024 1,149.00 068677 KONECRANES AMERICA INC 261454 2/15/2024 1.823.25 074417 LAW OFFICE OF CHRISTIAN SMITH 261455 2/15/2024 1,800.00 067725 LES SCHWAB TIRE CENTER 261456 2/15/2024 1,219.41 075716 MALLORY PAINT STORE INC 261457 2/15/2024 777.85 067235 MARYS TOWING INC 261458 2/15/2024 561.34 079521 MAVERICK MULTIMEDIA LLC 261459 2/15/2024 802.99 066878 METAL SUPERMARKETS 261460 2/15/2024 202.41 021983 MOTOR TRUCKS INT'L & IDEALEASE 261461 2/15/2024 140.31 018950 NAPA AUTO PARTS 261462 2/15/2024 320.48 064570 NATIONAL SAFETY INC 261463 2/15/2024 180.34 075542 NORTHWEST LANDSCAPE SUPPLY 261464 2/15/2024 743.22 074866 NORTHWEST PLAYGROUND EQUIPMENT 261465 2/15/2024 275.15 064215 NORTHWEST PUMP & EQUIP CO 261466 2/15/2024 522.10 079518 OTIS, SHARON 261467 2/15/2024 2,788.08 060945 PACIFIC POWER BATTERIES 261468 2/15/2024 61.90 075735 PACIFIC SECURITY 261469 2/15/2024 4,698.45 027060 PACIFIC TOPSOILS 261470 2/15/2024 1,387.75 027450 PAWS 261471 2/15/2024 224.00 072507 PEACE OF MIND OFFICE SUPPORT 261472 2/15/2024 192.00 071811 PONY MAIL BOX & BUSINESS CTR 261473 2/15/2024 53.38 029117 PORT OF EDMONDS 261474 2/15/2024 4,567.65 079360 POWER SOLUTIONS LLC 261475 2/15/2024 13,747.84 079369 PRECISION DIGITAL CORPORATION 261476 2/15/2024 571.24 071594 PROFORCE LAW ENFORCEMENT 261477 2/15/2024 2,042.59 071559 PUBLIC SAFETY PSYCHOLOGICAL SV 261478 2/15/2024 1.230.00 068697 PUBLIC SAFETY TESTING INC 261479 2/15/2024 231.00 062657 REGIONAL DISPOSAL COMPANY 261480 2/15/2024 3,049.90 066786 RELIABLE SECURITY SOUND & DATA 261481 2/15/2024 1,807.44 061540 REPUBLIC SERVICES #197 261482 2/15/2024 1,728.12 068657 ROBERT HALF 261483 2/15/2024 4,620.00 079522 ROSEN, MIKE 261484 2/15/2024 140.70 079387 SAYBR CONTRACTORS INC 261485 2/15/2024 3,380.02 072733 SCHWING BIOSET INC 261486 2/15/2024 1,375.00 066964 SEATTLE AUTOMOTIVE DIST INC 261487 2/15/2024 322.40 079519 SECURITE GUN CLUB LLC 261488 2/15/2024 550.50 070495 SEPULVEDA. PABLO 261489 2/15/2024 130.00 036950 SIX ROBBLEES INC 261490 2/15/2024 113.10 075628 SNO CO DEPT OF EMERG MGMT 261491 2/15/2024 14.876.50 037801 SNO CO HUMAN SERVICE DEPT 261492 2/15/2024 3,103.77 075543 SNO CO PUBLIC DEFENDER ASSOC 261493 2/15/2024 39,119.99 037375 SNO CO PUD NO 1 261494 2/15/2024 3,567.99 037376 SNO CO PUD NO 1 261495 2/15/2024 284.55 038100 SNO-KING STAMP 261498 2/15/2024 29.33 006630 SNOHOMISH COUNTY 261496 2/15/2024 702.00 076433 SNOHOMISH COUNTY 911 261497 2/15/2024 82,827.93 037303 SO SNOHOMISH CO FIRE & RESCUE 261499 2/15/2024 20,674.90 038410 SOUND SAFETY PRODUCTS 261500 2/15/2024 2,337.04 Page 2 Packet Pg. 79 7.4.a apPosPay Positive Pay Listing 2/15/2024 10:06:47AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 079383 SOUTHERN CARLSON INC 261501 2/15/2024 33.02 039775 STATE AUDITOR'S OFFICE 261502 2/15/2024 2,970.64 040916 TC SPAN AMERICA 261503 2/15/2024 2,788.08 078863 THE LANGUAGE EXCHANGE INC 261504 2/15/2024 205.00 066056 THE SEATTLE TIMES 261505 2/15/2024 1,500.00 075587 THE UPS STORE #6392 261506 2/15/2024 32.73 071549 UNIVAR SOLUTIONS USA INC 261507 2/15/2024 5,788.04 044300 US POSTAL SERVICE 261508 2/15/2024 1,960.00 067865 VERIZON WIRELESS 261509 2/15/2024 27.48 073832 WA ST DEPT OF ENTERPRISE SVCS 261510 2/15/2024 62,500.00 061485 WA ST DEPT OF HEALTH 261511 2/15/2024 11,505.60 065568 WATER SERVICES NW INC 261512 2/15/2024 67.13 075635 WCP SOLUTIONS 261513 2/15/2024 1,166.84 073552 W ELCO SALES LLC 261514 2/15/2024 275.15 011900 ZIPLY FIBER 261515 2/15/2024 848.15 GrandTotal: 624.072.06 Total count: 122 c d E m L �3 c 0 W Y V d t v E M v 0 CE 0 L CL Q. Q Q 0 0 M C d a N LO T- N O N E U c d E t v 0 Q Page: 3 Packet Pg. 80 7.5 City Council Agenda Item Meeting Date: 02/27/2024 Approval of payroll and benefit checks, direct deposit and wire payments. Staff Lead: Kimberly Dunscombe Department: Administrative Services Preparer: Lori Palmer Background/History Approval of payroll checks #65967 through #65968 dated February 20, 2024 for $3,731.26, direct deposit for $861,728.25, benefit checks #65969 through #65975 and wire payments for $835,393.85 for the pay period of February 1, 2024 to February 15, 2024. Staff Recommendation Approval of payroll and benefit checks, direct deposit and wire payments. Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of payments. Attachments: 02-01-2024 to 02-15-2024 benefit checks summary 02-01-2024 to 02-15-2024 payroll earning summary Packet Pg. 81 Benefit Checks Summary Report City of Edmonds Pay Period: 1,141 - 02/01/2024 to 02/15/2024 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 65969 02/20/2024 bpas BPAS 5,576.55 0.00 65970 02/20/2024 chap1 CHAPTER 13 TRUSTEE 175.00 0.00 65971 02/20/2024 epoa2 EPOA-POLICE 6,969.00 0.00 65972 02/20/2024 epoa3 EPOA-POLICE SUPPORT 1,030.76 0.00 65973 02/20/2024 icma MISSIONSQUARE PLAN SERVICES 6,220.97 0.00 65974 02/20/2024 flex NAVIA BENEFIT SOLUTIONS 5,363.01 0.00 65975 02/20/2024 teams TEAMSTERS LOCAL 763 6,908.50 0.00 32,243.79 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 3635 02/20/2024 awc AWC 446,375.83 0.00 3640 02/20/2024 flex NAVIA BENEFIT SOLUTIONS 156.00 0.00 3641 02/20/2024 us US BANK 161,709.02 0.00 3642 02/20/2024 mebt WTRISC FBO #N3177B1 152,663.53 0.00 3643 02/20/2024 pb NATIONWIDE RETIREMENT SOLUTION 5,005.83 0.00 3645 02/20/2024 wadc WASHINGTON STATE TREASURER 36,534.85 0.00 3647 02/20/2024 oe OFFICE OF SUPPORT ENFORCEMENT 705.00 0.00 803,150.06 0.00 Grand Totals: 835,393.85 0.00 7.5.a vi m t t� m c d c M 0 ca CL 4- 0 is O Q CL Q to E E n N d s w m c m v N O N Ln r N O O 41 O N O N Q C d E t t� R Q 2/17/2024 Packet Pg. 82 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,141 (02/01/2024 to 02/15/2024) Hour Type Hour Class Description Hours Amount 111 ABSENT NO PAY LEAVE 8.00 0.00 112 ABSENT NO PAY NON HIRED 72.00 0.00 118 ABSENT UNPAID L & 1 88.00 0.00 120 SICK SICK LEAVE - L & 1 7.50 350.48 121 SICK SICK LEAVE 944.22 49,076.90 122 VACATION VACATION 867.73 44,163.85 123 HOLIDAY HOLIDAY HOURS 152.00 6,926.04 124 HOLIDAY FLOATER HOLIDAY 67.00 3,239.61 125 COMP HOURS COMPENSATORY TIME 166.75 8,572.52 128 HOLIDAY Holiday Bank WWTP 27.00 1,547.44 129 SICK Police Sick Leave L & 1 9.00 493.12 131 MILITARY MILITARY LEAVE 68.00 3,937.62 132 JURY DUTY JURY DUTY 24.00 1,250.46 141 BEREAVEMENT BEREAVEMENT 20.00 1,753.53 150 REGULAR HOURS Kelly Day Used 42.00 2,074.13 152 COMP HOURS COMPTIME BUY BACK 15.00 627.49 155 COMP HOURS COMPTIME AUTO PAY 132.75 7,588.41 157 SICK SICK LEAVE PAYOFF 51.00 3,724.08 158 VACATION VACATION PAYOFF 41.24 3,011.39 160 VACATION MANAGEMENT LEAVE 16.00 1,139.28 190 REGULAR HOURS REGULAR HOURS 19,759.04 1,015,873.44 194 SICK Emergency Sick Leave 220.00 13,341.89 210 OVERTIME HOURS OVERTIME -STRAIGHT 14.50 719.54 215 OVERTIME HOURS WATER WATCH STANDBY 48.00 3,520.38 216 MISCELLANEOUS STANDBY TREATMENT PLANT 4.00 494.19 220 OVERTIME HOURS OVERTIME 1.5 484.50 41,300.45 225 OVERTIME HOURS OVERTIME -DOUBLE 49.50 4,938.79 400 MISCELLANEOUS MISC PAY 0.00 2,000.00 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 938.96 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 3,064.14 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 -277.71 602 COMP HOURS ACCRUED COMP 1.0 65.00 0.00 604 COMP HOURS ACCRUED COMP TIME 1.5 144.75 0.00 900 VACATION ACCRUED VACATION 0.00 0.00 901 SICK ACCRUED SICK LEAVE 5.68 0.00 02/17/2024 Packet Pg. 83 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,141 (02/01/2024 to 02/15/2024) Hour Type Hour Class Description Hours Amount acc MISCELLANEOUS acs MISCELLANEOUS colre MISCELLANEOUS cpl MISCELLANEOUS crt MISCELLANEOUS ctr MISCELLANEOUS deftat MISCELLANEOUS det MISCELLANEOUS det4 MISCELLANEOUS ed1 EDUCATION PAY ed2 EDUCATION PAY ed3 EDUCATION PAY firear MISCELLANEOUS fmla ABSENT hol HOLIDAY k9 MISCELLANEOUS less MISCELLANEOUS Iq1 LONGEVITY Ig11 LONGEVITY Ig12 LONGEVITY Ig13 LONGEVITY Ig14 LONGEVITY Iq2 LONGEVITY PAY Iq3 LONGEVITY PAY Iq4 LONGEVITY Iq5 LONGEVITY Iq7 LONGEVITY mtc MISCELLANEOUS pfmh HOLIDAY pfmp ABSENT pfms SICK phv MISCELLANEOUS st REGULAR HOURS str MISCELLANEOUS traf MISCELLANEOUS ACCREDITATION PAY 0.00 350.26 ACCRED/POLICE SUPPORT 0.00 255.71 Collision Reconstruction ist 0.00 54.76 TRAINING CORPORAL 0.00 201.58 CERTIFICATION III PAY 0.00 118.83 CTR INCENTIVES PROGRAM 0.00 300.00 DEFENSE TATICS INSTRUCTOR 0.00 94.36 DETECTIVE PAY 0.00 138.08 Detective 4% 0.00 972.90 EDUCATION PAY 2% 0.00 925.54 EDUCATION PAY 4% 0.00 575.92 EDUCATION PAY 6% 0.00 10,883.29 FIREARMS INSTRUCTOR 0.00 532.94 FAMILY MEDICAL/NON PAID 88.00 0.00 HOLIDAY 1.00 52.10 K-9 PAY 0.00 269.53 LESS LETHAL INSTRUCTOR 0.00 144.62 LONGEVITY PAY 2% 0.00 1,027.00 LONGEVITY PAY 2.5% 0.00 1,440.10 Longevity 9% 0.00 1,439.16 Longevity 7% 0.00 1,349.83 Longevity 5% 0.00 1,029.67 LONGEVITY PAY 4% 0.00 166.92 LONGEVITY 6% 0.00 289.83 Longevity 1 % 0.00 1,235.21 Longevity 3% 0.00 2,933.85 Longevity 1.5% 0.00 579.82 MOTORCYCLE PAY 0.00 138.08 Paid Family Medical Holiday 21.00 1,044.12 Paid Family Medical Unpaid/Sup 181.00 0.00 Paid FAMILY MEDICAL/SICK 70.00 3,908.35 PHYSICAL FITNESS PAY 0.00 2,254.42 Serqeant Pay 0.00 164.27 STREET CRIMES 0.00 219.02 TRAFFIC 0.00 262.90 02/17/2024 Packet Pg. 84 Hour Type Hour Class vab VACATION Payroll Earnings Summary Report City of Edmonds Pay Period: 1,141 (02/01/2024 to 02/15/2024) Description VACATION ADD BACK Hours 5.35 23,980.51 Total Net Pay: Amount 0.00 $1,260, 743.39 $865,459.61 7.5.b 02/17/2024 Packet Pg. 85 7.6 City Council Agenda Item Meeting Date: 02/27/2024 Confirm Appointment of ESCC Candidate Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History The Sister City Commission currently has four open positions. Kiwa Tashiro applied for one of the open positions. Staff Recommendation Confirm appointment of ESCC Candidate Kiwa Tashiro to position #3 of the Sister City Commission. Term 1/1/2024 - 12/31/2026. Narrative Ms. Tashiro earned her Executive Master of International studies from the University of Washington Henry M. Jackson School of International Studies. She previously worked as a Journalist for Kyodo News in the Hekinan area. She lives in Edmonds and would like to use her experience and background in support of the Sister City Commission. Packet Pg. 86 7.7 City Council Agenda Item Meeting Date: 02/27/2024 Interlocal Agreement with Alliance for Housing Affordability (AHA) Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History The Alliance for Housing Affordability (AHA) is an Interlocal Agreement between several cities of Snohomish County including Edmonds, to share resources and information related to housing, and housing affordability. This ILA was reviewed by the PSPHSP committee on February 13, 2024 and forwarded to the consent agenda. The date of the original agreement was added and date field of when this amendment will be made was changed from 2023 to 2024. Recommendation Authorize the mayor to sign the amendment to the Interlocal Cooperation Agreement. Narrative The City of Monroe and the Town of Darrington desire to amend the ILA and be added as parties of the Interlocal Agreement. This amendment would also streamline the procedure for the future addition of parties to the Interlocal Agreement. Attachments: Full Amendment to AHA Interlocal Agreement dates added Packet Pg. 87 7.7.a AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT FOR INTER - JURISDICTIONAL COORDINATION RELATING TO AFFORDABLE HOUSING WITHIN SNOHOMISH COUNTY (the "Interlocal Agreement") This Amendment (the "Amendment") to the Interlocal Agreement dated November 5, 2013 (the "Original Agreement" and, together with this Amendment, the "Agreement") is made as of , 2024, by and among the Cities of Arlington, Edmonds, Everett, Granite Falls, Lake Stevens, Lynnwood, Marysville, Mill Creek, Mountlake Terrace, Monroe, Mukilteo, Snohomish, and Stanwood, and the Towns of Darrington and Woodway, all of which are municipal corporations organized under the laws of the State of Washington; the Housing Authority of Snohomish County, a public housing authority organized under Ch. 35.82 RCW; and Snohomish County, a political subdivision of the State of Washington (each a "Party" and together, the "Parties"). This Amendment is made pursuant to the Interlocal Cooperation Act, Ch. 39.34 RCW, and has been authorized by the governing body of each Party. WHEREAS the Parties (except the City of Monroe and the Town of Darrington) entered the Interlocal Agreement and now desire to amend the Interlocal Agreement to add the City of Monroe and the Town of Darrington as parties thereto; and WHEREAS the Parties wish to create a streamlined procedure for the future addition of parties to the Interlocal Agreement; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. Term. This Amendment shall be effective when it has been both (a) executed by each of the Parties and (b) filed in the offices of the Snohomish County Auditor. 2. Parties. The Agreement is amended to add the City of Monroe and the Town of Darrington as parties thereto. Commencing on the date of this Amendment, the City of Monroe and Town of Darrington shall assume all rights and obligations under the Interlocal Agreement as though each was named as a party therein. Periodic payments, dues, fees, or other obligations due pursuant to Section 5(f) of the Original Agreement shall be applied to the City of Monroe and the Town of Darrington commencing with the first billing cycle following the date of this Amendment. 3. Notice. Section 13(d) is amended to add: City of Monroe Anita Marerro, Senior Planner 806 West Main Street Monroe, WA 98272 Phone (360) 863-4513 AMarrero(@_monroewa.gov Town of Darrington Dan Rankin, Mayor 1005 Cascade St. PO Box 397 Darrington, WA 98241 Phone: (360) 436-1131 Dan.Rankin@Darringtonwa.us 1 Amendment to Interlocal Cooperation Agreement 2023 — AHA Packet Pg. 88 7.7.a 4. Authorized Actions of the Joint Board. Section 4 of the Agreement is amended to add (m) Admit one or more governmental entities as a Party to this Agreement in furtherance of the purposes of this Agreement; 5. Addition of Parties. The Agreement is amended to add a new Section 16 as follows: 16. Addition of Parties. Following a decision of the Joint Board to admit a new governmental entity as a Party to this Agreement, which decision shall be made and documented following the procedures outlined in Section 3, such new governmental entity (the "New Party") shall be deemed to be a Party to the Agreement and shall assume all rights and obligations under the Agreement as though it were named a Party therein, commencing on the date that the attached Exhibit A has been both (a) acknowledged and signed by the New Party, and (b) filed in the offices of the Snohomish County Auditor. Periodic payments, dues, fees, or other obligations due pursuant to Section 5(f) of the Original Agreement shall be applied to the New Party commencing with the first billing cycle following the date the New Party is admitted as a Party under the Agreement. 6. Execution. The Agreement may be executed in multiple counterparts and, if so signed, shall be deemed one integrated Agreement. The undersigned signatories represent that they are authorized to execute this Agreement on behalf of the respective Party for which they have signed below. [Signature Pages Follow] 14 Amendment to Interlocal Cooperation Agreement 2023 — AHA Packet Pg. 89 7.7.a CITY OF ARLINGTON M Signature Date Its: S-1 Amendment to Interlocal Cooperation Agreement 2022 — AHA Packet Pg. 90 7.7.a TOWN OF DARRINGTON By: Signature Date Its: S-2 Amendment to Interlocal Cooperation Agreement 2022 — AHA Packet Pg. 91 7.7.a CITY OF EDMONDS M Signature Date Its: S-3 Amendment to Interlocal Cooperation Agreement 2022 — AHA Packet Pg. 92 7.7.a CITY OF EVERETT M Signature Date Its: S-4 Amendment to Interlocal Cooperation Agreement 2022 — AHA Packet Pg. 93 7.7.a CITY OF GRANITE FALLS M Signature Date Its: S-5 Amendment to Interlocal Cooperation Agreement 2022 — AHA Packet Pg. 94 7.7.a CITY OF LAKE STEVENS M Signature Date Its: S-6 Amendment to Interlocal Cooperation Agreement 2022 — AHA Packet Pg. 95 7.7.a CITY OF LYNNWOOD M Signature Date Its: S-7 Amendment to Interlocal Cooperation Agreement 2022 — AHA Packet Pg. 96 7.7.a CITY OF MARYSVILLE A Signature Date Its: Amendment to Interlocal Cooperation Agreement 2022 — AHA Packet Pg. 97 7.7.a CITY OF MILL CREEK go Signature Date Its: S-9 Amendment to Interlocal Cooperation Agreement 2022 — AHA Packet Pg. 98 7.7.a CITY OF MONROE A Signature Date Its: S-10 Amendment to Interlocal Cooperation Agreement 2022 — AHA Packet Pg. 99 7.7.a CITY OF MOUNTLAKE TERRACE A Signature Date Its: S-11 Amendment to Interlocal Cooperation Agreement 2022 — AHA Packet Pg. 100 7.7.a CITY OF MUKILTEO M Signature Date Its: S-12 Amendment to Interlocal Cooperation Agreement 2022 — AHA Packet Pg. 101 7.7.a CITY OF SNOHOMISH go Signature Date Its: S-13 Amendment to Interlocal Cooperation Agreement 2022 — AHA Packet Pg. 102 7.7.a CITY OF STANWOOD M Signature Date Its: S-14 Amendment to Interlocal Cooperation Agreement 2022 — AHA Packet Pg. 103 7.7.a TOWN OF WOODWAY M Signature Date Its: S-15 Amendment to Interlocal Cooperation Agreement 2022 — AHA Packet Pg. 104 7.7.a SNOHOMISH COUNTY go Signature Date Its: S-16 Amendment to Interlocal Cooperation Agreement 2022 — AHA Packet Pg. 105 7.7.a HOUSING AUTHORITY OF SNOHOMISH COUNTY Signature Date Its: S-17 Amendment to Interlocal Cooperation Agreement 2022 — AHA Packet Pg. 106 7.7.a EXHIBIT A Following a decision of the Joint Board of the Alliance for Housing Affordability (the "AHA"), hereby acknowledges and accepts entry to the AHA as a Party to the Interlocal Cooperation Agreement for Inter -Jurisdictional Coordination Relating to Affordable Housing Within Snohomish County, as amended, and according to the terms thereof. A-1 [PARTY] M Its: Name Date Amendment to Interlocal Cooperation Agreement 2022 — AHA Packet Pg. 107 8.1 City Council Agenda Item Meeting Date: 02/27/2024 2024 Budget Amendment Requests Staff Lead: Dave Turley Department: Administrative Services Preparer: Dave Turley Background/History 2024 First Quarter Budget Amendment Requests Staff Recommendation Staff recommendation is to approve the Ordinance as included in tonight's packet, of the City of Edmonds, Washington, amending Ordinance 4335. Narrative Tonight's budget amendment includes 25 requests with detailed information in the council packet. These requests were discussed at the February 13 Finance Committee meeting and a summary presentation was requested to be brought to the full council tonight. Attachments: Budget Amendments February 2024 full council Packet Pg. 108 2024 February Budget Amendment Requests February 27, 2024 ; OF EDAQ Pg. 109 ADMINISTRATIVE SER„® We have 25 requests tonight; more detailed information including the draft ordinance can be found in your Council Packet. These requests were discussed in detail during the February 13 Finance Committee meeting. The request for tonight is to approve the budget amendment Ordinance as included in tonight's packet, or as amended. OF EDM cC Ci'`y o�0 a v Packet Pg. 110 fie. I89 If approved, this budget amendment would increase forecast non -General Fund revenues by $996,170 and would increase non -General Fund budgeted expenditures by $4,662,520. Fund Number Proposed Amendment Change in Revenue Proposed Amendment Change in Expense Proposed Amendment Change in Ending Fund Balance 112 449,815 695,610 (245,795) 11i 855 - 855 1 - 316,101 (316,101) 12C. - 714,754 (714,754) 137 - 74,500 (74,500) 332 - (85,150) 85,150 421 - 269,176 (269,176) 422 472,500 1,202,265 (729,765) 423 - 677,264 (677,264) 511 73,000 798,000 (725,000) Total Change 996,170 1 4,662,520 (3,666,350) Packet Pg. 111 Detailed information for these 25 Decision Packages is included in your packet. have attempted to summarize these requests below: Citywide Bicycle Improvements Sewer Replacement/Rehabilitation Projects Vehicle Purchases, Maintenance, Propane Conversions Lake Ballinger Way purchase/demolition Elm Way Walkway Main Street Overlay Yost/Seaview Reservoir Repairs Storm Rehabilitation and Marsh Improvements Cemetery Excavator Other projects under $100,000 Total Additional Expenditures Expense $ 1,130, 240 734,511 725,000 578,912 398,130 2341270 211,929 194,363 147,500 307,665 $ 4,662,520 Revenue $ 413,815 472,500 73,000 36,855 $ 996,170 �A OF EDMo� :� O r � v Q � N Packet Pg. 112 Staff recommendation is to approve the Ordinance as included in tonight's packet: "An Ordinance of the City of Edmonds, Washington, amending Ordinance 4335 as a result of unanticipated transfers and expenditures of various funds, and fixing a time when the same shall become effective." Thank you. �� OF EDAf O v a � N Packet Pg. 113 8.2 City Council Agenda Item Meeting Date: 02/27/2024 City of Edmonds Facility Condition Assessment update by Mckinstry Staff Lead: Oscar Antillon Department: Public Works & Utilities Preparer: Royce Napolitino Background/History In 2017 the City of Edmonds commissioned Mckinstry to perform a two year Facility Condition Assessment report to supplement the previous FCA report performed by Cardno LLC in 2011 and 2012. Those findings were presented to Parks & Public Works and Finance Committees on 07-09-19 and to the full Council on 07-16-19. The current information being presented is an updated facilities inventory and a five year refresh of the data. Presented at Parks and Public Works Committee Meeting January 9, 2024. Prepared for Filing with City Clerk, January 16, 2024 Staff Recommendation Facility Condition Assessment Update from McKinstry for presentation to City Council. Narrative Facility Condition Assessments, or FCAs, provide facility condition and budget data for the repair and upkeep of facilities. An original assessment was performed by Cardno, with the FCA report delivered in 2011-12. In 2017, McKinstry furthered this work to accurately assess the condition of the City's building portfolio. Mckinstry completed their work to expand or update the previously gathered information and include Mechanical, Electrical and Plumbing systems to the scope of the report. This work included the introduction of a Facility Condition Index, 30 years capital renewal budget table and has been refreshed and updated after five years(2018-2023). The Facility Condition Index (FCI) score was determined by the Backlog of Maintenance and Repair methodology. This scoring model focuses on the correction of deficient building systems and those at or near end of useful life functionality. The Backlog of Maintenance and Repair method helps identify building system and budget requirements to focus capital renewal funds on functionality, condition and the ability of the facility to meet the current and future needs of the City. McKinstry's presentation includes: the current and 5-year FCI calculations; takeaways from the past five years, a recap of operating recommendations; additional capital projects; and funding opportunities. Attachments: 10.22 City of Edmonds 2022 FCA Update 2.27.2024 City Council Presentation Packet Pg. 114 :r a in�try ife 0/ Building Packet Pg. 115 8.2.a irtstry ife Of Your Building 10/13/22 Thom Sullivan, Facilities Manager City of Edmonds 7110 210th St SW Edmonds WA 98026 Re: 2022 Update to Facility Condition Assessment - Revised Scope/Change Order Request Dear Thom, We are excited to continue to the City of Edmond's ongoing risk mitigation and capital planning needs through the performance of this Facility Condition Update to the City's existing asset inventory. The revised scope for the 2022 FCA update will: Provide FCA Update on -site field assessments of assets at City Hall and the Public Safety Building • Provide ADA assessments to identify potential access issues at City Hall and the Public Safety Building priority facilities. • Provide new FCA on -site field assessments of assets at 8 city park structures and the salmon hatchery facility. • Add and remove component data based on capital projects and new construction records • Update asset condition scores and life expectancies • Update all replacement cost estimates • Provide the City of Edmonds with an updated 30 Year Capital Plan. We have enjoyed our relationship with the City, and look forward to continuing to work with you. Sincerely, Grant Granger I Account Executive, Technical Services 206-456-4327 grantg@mckinstry.com 5005 3RD AVE. S. • SEATTLE, WA 98134. 206.762.3311 • MCKINSTRY.COM WA • MCKINE*982KG • EC MCKINEL881NZ • MCKINCL942DN • MCKINCL942DW • MCKINEL874CL • INDUSCG903KM Packet Pg. 116 8.2.a City of Edmonds 2022 Facility Condition Assessment Update - Change Order Background McKinstry performed a comprehensive Facility Condition Assessment for the City of Edmonds in 2019 including capture of field data for all MEP equipment, architectural systems, and site equipment and amenities, and integration with industry data regarding equipment and facilities lifecycle and cost. The City has asked McKinstry to build upon this work to provide updated facility asset condition, lifecycle, and cost data to better guide your near and long-term capital planning efforts. Scope of Work As this is an update to the original 2019 FCA, we will target our assessment time by identifying updated equipment through capital project lists, stakeholder interviews and maintenance records. FACILITIES IN SCOPE Building Boys and Girls Club 6,856 Cemetery Building 759 City Hall** 34,074 Fishing Pier 1,200 Frances Anderson Center 55,000 Fire Station 16 10,700 Fire Station 17 9,800 Fire Station 20 6,400 Historic Log Cabin 372 Historical Museum 3,910 Library and Plaza Room 19,520 Meadowdale Club House 3,950 Old Public Works 14,100 Parks Maint. Building 4,868 Public Safety building** 30,940 Public Works O&M Center 28,000 Wade James Theater 6,289 Yost Pool House 4,664 Parks restroom structures (8 total)* —4,000 Hatchery Building* —1,500 * Locations proposed for first-time FCA site walk ** Locations proposed for FCA Update site walk and ADA Assessment SYSTEMS TO BE REVIEWED McKinstry's team of facility assessors will update the existing facility asset list to score and inventory building equipment and systems. • Heating System • Air Conditioning & Refrigeration System • Ventilation System • Roofing System CONFIDENTIAL & PROPRIETARY I CITY OF EDMONDS 12022 FCA UPDATE -CHANGE ORDER I 1 Packet Pg. 117 8.2.a City of Edmonds 2022 Facility Condition Assessment Update - Change Order • Electrical System • Plumbing • Building Envelope • Structural Components • Site Paving • Lighting Systems • Commercial Kitchen High -Level systems: used for identification and tracking maintenance (Fencing, Flooring, Furniture/millwork, Playgrounds, Grounds, Fire/Life Safety/Security) DOCUMENTATION REVIEW, PROJECT PLANNING AND STAFF INTERVIEWS. The FCA team will review available documents to familiarize themselves with the facility and to verify the accuracy of information collected versus the data you already have. We will interview on -site occupants and maintenance staff to gather critical information on historic performance and known deficiencies. WALK-THROUGH SURVEY BY TEAM OF FIELD OBSERVERS McKinstry's facility assessors will perform site walks on two priority City of Edmonds facilities (City Hall and the Public Safety Building) to visually assess the condition of critical assets, with an emphasis on equipment that has been installed or updated in the period after the original 2019 assessment. Additionally, McKinstry assessors will perform site walks at the 9 total buildings not included in the original 2019 FCA, as noted above. ADA Assessment During our scheduled site walks at City Hall and the Public Safety Building, McKinstry's facility assessors will review each facility against a 24-point ADA accessibility checklist. Any deficiencies will be catalogued, with special site conditions noted. Site -by -site assessment findings will be included within the final deliverables provided to the City. NEW ASSET INVENTORY AND UPDATED SCORING For every new asset, the McKinstry team will add detailed asset information including make, model, size, and location. The assessors will then assign an asset condition score and life expectancy, as well as additional City - specific qualitative scores (Occupant Impact, Constituent Facing) included in our FCA approach. For previously existing assets, the McKinstry team will updated life expectancy and asset condition based on performance information provided by the City. COST ESTIMATING All components, including those not field -assessed during the update, will receive an updated cost estimate. McKinstry determines cost estimates using our experience in the market, our project history City of Edmonds and the city's historical financial reality. All costs are for like -for -like replacements. DELIVERABLES Equipment Inventory We will deliver a comprehensive equipment inventory with revised asset conditions, cost estimates and estimated life remaining for each piece of equipment. This Excel -based database can easily by uploaded into any asset or facility management software and used for bond planning. FCA Update Report and Presentation A Summary of key findings per category and facility type will be provided in both a narrative FCA Update report, as well as a presentation format. We have included in in the scope of this update one "key findings" CONFIDENTIAL & PROPRIETARY I CITY OF EDMONDS 12022 FCA UPDATE -CHANGE ORDER 12 Packet Pg. 118 8.2.a City of Edmonds 2022 Facility Condition Assessment Update - Change Order presentation to the City of Edmonds facilities team and one executive presentation to the City Council or other identified stakeholder group.The final report will also include an ADA Assessment scorecard/findings for City Hall and the Public Safety Building. ADD/ALT: FACILITY CONDITION ASSESSMENT VISUALIZATION DASHBOARD McKinstry can further support the City's capital planning needs through additional analysis and public communication support. To make data even more actionable, McKinstry can provide access to our proprietary software tool ReveaIT" which enables visualization of collected facilities data. ReveaIT" is an online, interactive data visualization tool that gives decision makers the ability to navigate through their portfolio from top to bottom, plan multiple scenarios for funding and replacement, and communicate priorities and plans to stakeholders. Capital Planning Visualization Data visualization allows interaction with data and ensures your team can use the insights from an FCA to make decisions focused on reaching long-term goals. Our Reveal visualization tool enables you to sort by system and location for side -by -side system comparisons to aid in project prioritization and asset management. Figure 1— Visualize selected buildings and/or systems in the portfolio and compare across multiple parameters. Figure 3 — Align annual capital budget amounts with asset priorities to create actionable plans with specific assets. Figure 2 — See the expected capital needs for selected buildings and/or systems based on observed data. Figure 4 — Save the scenario to share with other users or export the asset list and data to .csv for use in third -party software. Training McKinstry will provide training specific to visualization, focused on development of scenario analyses and report generation. CONFIDENTIAL & PROPRIETARY I CITY OF EDMONDS 12022 FCA UPDATE -CHANGE ORDER 12 Packet Pg. 119 8.2.a City of Edmonds 2022 Facility Condition Assessment Update - Change Order Data Ownership All data collected by McKinstry will be stored in a central database for use in capital planning. Data is owned by City of Edmonds and is transportable to any compatible format or application. The add/alt includes 5 years of customer updates and access to data within the visualization tool. Timeline and Staffing McKinstry will assign a dedicated facility condition assessor as program manager for the update. We understand the goal is to have the FCA Update completed by the end of 2022. We anticipate completing the project within four weeks of kick-off, with presentations to Edmonds board stakeholders to occur in Q12023. Completing the project in 2022 will be contingent upon resource availability and the timing of NTP from the City. Cost of Services McKinstry will offer the services listed in this proposal on a lump sum bases as listed below. ASSUMPTIONS City of Edmonds shall provide access to all available facility drawings, equipment data (including O&Ms), planned project information, and project history as requested. • Site access to any rooftop equipment to be provided by City of Edmonds • Work will be executed during normal business hours (6AM —4PM, M-F) • No repair work will be completed under this scope of work • Proposal does not include on -site field assessments of all City of Edmonds facilities. Additional sites beyond those budgeted can be accommodated via a formal change order request from the City. ADA Assessment does not include detailed recommendations for ADA compliance, budgetary costs for remediation, or prioritization of ADA compliance issues. We look forward to working again with you and the City of Edmonds team. ACCEPTANCE City of Edmonds McKinstry Essention, LLC Printed Name Date I Printed Name Date ature ture CONFIDENTIAL & PROPRIETARY I CITY OF EDMONDS 12022 FCA UPDATE -CHANGE ORDER Packet Pg. 120 8.2.a City of Edmonds 2022 Facility Condition Assessment Update - Change Order Terms and Conditions PERFORMANCE OF WORK McKinstry shall perform the scope of work ("Work") specified herein. McKinstry shall furnish all services necessary to perform the Work and perform the Work to completion diligently, expeditiously and with adequate forces. Customer shall use its best efforts to provide all information, materials, documents, and assistance that is reasonably required for McKinstry to perform any and all aspects of the Work. PAYMENTS Customer shall pay McKinstry the compensation specified herein ("Price") for the value of Work that McKinstry has completed, as the Work is completed. Customer shall pay McKinstry within thirty (30) days of receiving an invoice. McKinstry will be entitled to interest at the rate of 1.5 percent per month on all sums overdue and unpaid from the date due. TERMINATION Either Party may terminate this agreement upon fifteen (15) days written notice to the other Party. In such case, the rights and obligations of each Party that arose prior to the termination date shall survive such termination. DISPUTES In case of dispute between the Parties, the Parties will attempt to negotiate a resolution. If a dispute remains unresolved more than thirty (30) calendar days after the commencement of negotiation, and the Parties have not agreed to extend such date, then the Parties shall pursue mediation. If any dispute remains unresolved more than sixty (60) calendar days after the commencement of mediation, then either Party may pursue arbitration. No litigation will be commenced by either Party unless all of the foregoing steps have been pursued to completion. CHOICE OF LAW, VENUE The validity, interpretation, and performance of this agreement shall be governed by the laws of the state in which the Work is performed. The venue for resolving any dispute shall be the county in which the Work is performed. FORCE MAJEURE Neither McKinstry nor Customer shall be considered in breach of this agreement to the extent that the Party's performance is prevented by an event or events that are beyond the control of such party, including but not limited to acts of God, fire, earthquake, flood, storm, war, rebellion, revolution, insurrection, riot, strike, nuclear contamination, and/or acts or threats of terrorism. Notwithstanding any other provision(s) of this or any related agreement(s), if McKinstry's work is delayed, disrupted, suspended, or otherwise impacted as a direct or indirect result of COVID-19 (coronavirus), including, but not limited to, by (1) disruptions to material and/or equipment supply; (2) illness of McKinstry's workforce and/or unavailability of labor; (3) government quarantines, closures, or other mandates, restrictions, and/or directives; (4) owner or contractor restrictions and/or directives; and/or (5) fulfillment of McKinstry's contractual or legal health and safety obligations associated with COVID-19; then, McKinstry shall be entitled to a reasonable equitable adjustment to its scope, schedule, duration, and price to account for such delays, disruptions, suspensions, and impacts. CONFIDENTIAL & PROPRIETARY I CITY OF EDMONDS 12022 FCA UPDATE - CHANGE ORDER Packet Pg. 121 8.2.a City of Edmonds 2022 Facility Condition Assessment Update - Change Order NO WAIVER No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver. DAMAGES LIMITATION Neither party shall be liable to the other party for any consequential, indirect, special, incidental, exemplary, or similar, damages or losses, including loss of profits, arising out of or relating to this agreement, whether based in contract or tort or any other theory, even if a party has been advised of the possibility of such damages. Furthermore, the total aggregate liability of either party, under any theory, is limited to the agreement price. INDEMNIFICATION McKinstry shall indemnify and hold harmless Customer from and against all third party claims, damages, losses and expenses for bodily injury, sickness, disease, or death or destruction of tangible property, directly arising from McKinstry's performance of the Work, but only to the extent caused by the negligent acts or omissions of McKinstry. SEVERABILITY, SURVIVAL If any portion of this agreement shall be held invalid in whole or in part under any law, rule, regulation, or order, then such portion shall remain in effect only to the extent permitted, and the remaining portions of the agreement shall remain in full force and effect. Any invalid portions shall be substituted with an interpretation that most accurately reflects the Parties' intentions. AMENDMENT This agreement may not be amended except pursuant to a written amendment signed by an authorized signer of each Party. COMPLETE AGREEMENT This agreement, including the exhibits attached hereto, is a fully integrated agreement. Any legal terms and conditions appearing elsewhere in this agreement shall be ignored to the extent they contradict or are inconsistent with the terms and conditions contained in the foregoing numbered list. All previous agreements between McKinstry and Customer as to the Work are superseded by this agreement. CONFIDENTIAL & PROPRIETARY I CITY OF EDMONDS 12022 FCA UPDATE - CHANGE ORDER Packet Pg. 122 City of Edmonds: FCA Update Key Findings Grant Granger I Mark Hood February 2024 lq, ll ,,'III nstry, Of Your Buildina- S........ 8.2.b • From 1990s-2014 annual facility repair budget was N$68k/yr • 2018 McKinstry FCA highlighted staffing and funding gaps. 30-year deferred capital backlog assessed at $30,682,192 1 2023 30 Year deferred capital backlog $43,536,776 • City responded by increasing annual maintenance/facilities to $100-300k annually • Annual Capital renewal investments increases began in 2019 • 2019 - $700k 1 2020 $1,500,000 1 2021 $710,000 1 2023 No new Capital investment • By 2021— Deferred maintenance short term was estimated at $11M • 2021 Public Facilities District bond added $4.4M in Facilities Funding • Impactful, but still not enough to fully fund core deferred capital needs LL N C O W 4- 0 U Packet Pg. 124 8.2.b 0 0 0 � 0 J J A strong facility condition assessment program helps de -mystify deferred maintenance challenges and empowers facility directors and capital planners to make data -driven decisions Time )ected Rate of lure uaI Rate of lure LEARN IMAUDIT IMIANALYZE] Documentation Review & Interview Site Audit Estimating & Analysis U REPORT Capital Improveme & Action Plan Packet Pg. 125 8.2.b Updating 2018 FCA and Expanding to new Facility Assets • Provide on -site field assessments of assets at City Hall and Public Safety Building • Targeted ADA Assessment of City Hall and Public Safety Building • Provide new FCA on -site field assessments of assets at 8 city park structures and salmon hatchery facility (113 new facility assets total) • Update all existing (2018) asset condition scores and life expectancies • Update all existing replacement cost Estimates (like -for -like replacements) • Provide City of Edmonds with updated report and 30-year Capital Plan LL N C O E W 4- 0 U Packet Pg. 126 8.2.b Things not typically assessed in an FICA • Full project soft costs (replacements as project) • Full ADA assessment • Code compliance • Building performance enhancement • Other compliance • Building systems testing • Space planning or use adequacy/enhancement • Building/facility revenue LL N C O E W 4- 0 U Packet Pg. 127 8.2.b E Preventative Maintenance - Routine maintenance items to preserve expected asset life or prevent system failure/downtime. (floor care, air and water filter changes, equipment lubrication, routine inspection, and manufacturer prescribed maintenance to maintain warranty, etc.) Operational Maintenance - Daily maintenance to maintain business operational needs (routine cleaning and sanitizing, ADA access readiness, roof cleaning and leak repair, security and lock maintenance, building controls programing and light duty repair of Plumbing Mechanical and Electrical systems, and life safety systems). Deferred Capital Investment - Maintenance and repair to building systems that are at or past industry expected life. These maintenance items are typically larger in scope and often require vendor support. Mechanical equipment replacement, Electrical panel replacement, plumbing fixture or equipment replacement (water heaters, pumps, life safety system repairs, etc. Capital Renewal/Replacement - Replacement of larger building systems that have failed, are requiring frequent vendor support or no longer meet the business needs of the City. Elevator modernizations, Roof replacements, exterior envelope waterproofing and painting, complete system replacements or upgrades (i.e. replacing as a package; electrical panels, wiring, receptacles and lighting), complete fire alarm systems including panels, alarm devices, strobe lights and monitoring network). Re -plumbing of an entire building's water/sewer infrastructure, including piping. bathroom and kitchen fixtures, sprinklers, etc. LL N 0 W 0 U Packet Pg. 128 8.2.b IL a 0 E W 15 Year Budget Breakdown By Building T V Building Name NPV 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 Boys and Girls Club $744,157 SM,096 $123,203 $46,140 $18,863 $0 $3,032 $0 $70,064 $0 $42,095 $29,527 $21,723 $33,190 $16,132 $0 Cemetery Building $187,376 $3,591 $2,781 $4,857 $1,176 $0 $78,489 $2,559 $0 $1,450 $996 $0 51,690 $991 $12,886 51,154 City Hall $5,360,241 S0 SO $1,385,756 S0 $293,961 $15,070 $807,268 $328,907 $148,596 $10,553 r $48,232 SO $297,874 $171,808 $124,572 Fishing Pier $238,911 $23,989 54,197 $8,095 $1,501 $0 $5,838 $4,045 $0 $3,286 $0 r $0 $528 $1,567 $9,860 $0 Frances Anderson Center $7,833,615 $2,143,121 $228,694 $30,112 $137,569 $99,187 $23,946 $256,464 $304,978 $4,833 $250,777 r 5646,007 $36,332 $0 $214,014 $133,299 FS 16 $1,989,959 $139,660 $128,100 $43,306 $45,498 $48,241 $300,288 S0 $30,967 $36,245 So r $35,110 $3,380 $419,140 $189,890 So FS 17 $2,342,448 $359,991 $236,820 $39,664 $189,595 $25,903 r 534,184 $48,400 $39,008 $2,733 $3,003 $102,410 r $0 r $0 $691 r $1,254 SO $19,713 r $0 r $4,403 $2,300 r $0 r $114,859 $24,260 $351,904 r $69,941 $24,904 $12,793 $125,843 $302,533 So $3,361 511,079 FS 20 $990,725 $34,518 $31,027 517,587 $639 $0 $354,540 515,890 $248,885 r $0 553,653 Historic Log Cabin $48,451 $2,904 $2,101 $1,957 $18,476 $0 SO $o r SO $486 51,120 r $2,791 Historical Museum $365,701 $43,083 $0 $6,647 $14,670 $0 58,811 $7,178 526,943 $15,313 $208,102 $734 r $0 $10,936 r $63,476 Library $3,288,408 $708,983 $133,463 $64,783 r $110,055 $9,433 $58,299 $4,614 r $76,281 Meadowdale Club House $415,456 S0 $25,455 $6,395 r S0 $62,226 $7,010 r $11,807 r $31,280 SO $87,901 $28,378 $0 $134,067 $16,376 r $0 Old Public Works $1,258,325 $0 $72,027 SO $307,758 $0 SO $6,423 $125,119 $409,332 549,261 SO $19,275 r $68,257 $23,530 SO Parks Maint. Building $769,081 $77,869 $83,905 $7,447 r $97,549 $429 $3,480 r $5,322 $1,877 $0 $42,335 r $2,496 $25,866 r $99,437 $8,864 �$0 Public Safety 54,810,303 $516,855 $127,985 $203,968 $492,838 j 5,024 $123,153 $37,976 $4,504 $0 $563,775 $32,813 $114,760 $0 $795,549 $132,120 Public Works O& M $5,112,124 $287,511 $695,644 SM $63,032 $550,181 $369,201 $1,367 $97,218 $82,477 $0 $165,091 $147,864 $17,941 $65,985 $0 Wade James Theater $1,162,904 $123,943 $91,288 $166,472 $31,461 $79,865 $25,033 $5,831 $0 $0 $0 $274,744 56,759 $22,577 545,804 $o Yost Pool House $1,176,802 $42,972 $50,806 $27,512 $32,206 $96,796 $64,687 $0 $0 $36,245 $4,062 $111,236 $55,232 $37,697 $2,689 $0 Brackett'sLanding $475,115 $15,595 $39,284 $0 $0 $215,838 $o $0 $o So $4,449 $o $0 $0 $o $0 City Park $2,512,411 $71,550 $356,775 $0 5517,517 $59,404 $0 $363,505 $0 $7,601 $0 $0 $0 $3,117 $119,066 $0 Olympic Beach Visitors Station $130,439 $61,655 $23,358 $0 SO $0 $0 SO $0 SO $0 $15,049 SO $0 $0 $0 Richard F. Anway park $183,324 $28,363 561,032 S0 S0 S0 S0 S0 S0 $0 S0 $24,344 S0 $11,406 S0 S0 Seaview Park $1,621,889 $22,627 $17,518 $0 $228,883 $0 $0 $303,289 SO $88,674 $0 $17,653 $346,058 $0 $102,797 $0 Willow Creek Education Center 5518,612 $103,863 $115,339 SO $0 $118,793 SO SO $O $0 $0 $9,877 50r $O $0 r SO I' Packet Pg. 129 8.2.b $6,000,000 $5,000,000 $4.9M ■ $4,000,000 Baseline avg. annual capital $3,000,000 budget need: $2.7M $1.8 M $2.3M $2.OM $2.1M $2.1M $2.1M $2,000,000 $1.8M - - - - - - - - - - - - - ■ - - - - - - - - - - - - - - - - - - - - - - - -il - - - - - - - - - - - - - - - - - - - - - - Iff $1.2M � � $1.1M _ $1,000,000 $0.9m $1.0m $0 ca a_ c 0 E w 4- 0 r U $0.5M s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Packet Pg. 130 8.2.b • Boys and Girls Club Estimated • $62,555.00 FEstimated Capital • •(5 $272,302.11 EstimatedCardno Building• Years) AIL $334,857.11 -7Builliddiang -• $5,142,000.00 Score 0.07 Cemetery Building $10,325.00 $12,404.45 $22,729.45 $569,250.00 City Hall $265,405.00 $1,679,717.41 $1,945,122.41 $25,555,500.00 0.08 Fishing Pier $11,830.00 $37,780.79 $49,610.79 $900,000.00 0.06 Frances Anderson Center $389,105.00 $2,638,683.22 $3,027,788.22 $41,250,000.00 0.07 FS 16 $97,635.00 $404,804.86 $502,439.86 $8,025,000.00 0.06 FS 17 $162,595.00 $874,469.80 $1,037,064.80 $7,350,000.00 0.14 FS 20 $93,540.00 $143,219.24 $236,759.24 $4,800,000.00 0.05 Historic Log Cabin $4,460.00 $26,077.88 $30,537.88 $279,000.00 0.11 Historical Museum $51,310.00 $64,399.17 $115,709.17 $2,932,500.00 0.04 Library and Plaza Room $744,030.00 $1,371,824.36 $2,115,854.36 $14,640,000.00 Club House $30,020.00 $94,075.75 $124,095.75 $2,962,500.00 *,.Meadowdale Old Public Works $86,475.00 $379,785.05 $466,260.05 $10,575,000.00 Parks Maint. Building $34,645.00 $267,199.48 $301,844.48 $3,651,000.00 0.08 Public Safety building $306,265.00 $1,426,670.62 $1,732,935.62 $23,205,000.00 0.07 Public Works O&M Center $146,730.00 $1,597,176.74 $1,743,906.74 $21,000,000.00 0.08 Wade James Theater $44,490.00 $493,029.92 $537,519.92 $4,716,750.00 0.11 Yost Pool House $84,610.00 $250,293.01 $334,903.01 $3,498,000.00 0.10 a_ N C O E W O FCI is the total cost of the existini maintenance, repair, or renewal Of the facility divided by the tota, MA estimated replacement value (or CRV, current replacement value) of the facility. 0 to .05 Excellent -Good .051 to .1 Good -Fair .11 to .3 Fair -Poor .31+ Poor -Critics Packet Pg. 131 Key Takeaways from 2023 FCA Update LU • Facilities team doing a remarkable job given significant budget constraints - have worked ° hard maintaining assets given current staffing levels. • 67% of City of Edmonds assets (equipment) are more than 23 years old. • Frances Anderson Center: Significant facility needs (Project planned brit not fully funded) • End -of -life equipment, No cooling OR ventilation in space, Existing steam boiler challenges • Historical facility, Houses critical services, Important to community • Library not assessed post -flood • 24x7 Critical Facilities (Fire Stations and Public Safety Building) have 238 critical systems assets needing to be replaced within next 10 years • ($3.4M in 2023 dollars, without factoring in performance upgrades) • Critical Risk - City Hall network operations center and electrical infrastructure AW • Generator only backs up a portion of the site = operations risk. City estimates —$3-5M electrical upgrade Packet Pg. 132 needed to support addition of generator. 8.2.b I I III$ KIWI I a I I Iatoo] rYLll9l III us U_ N C O General Recommendations W O • Capital funding levels: Condition alone merits annual funding levels of $1.8-2M, before uccounting fo improvements in system performance, energy efficiency, or compliance o requirements .^ • Maintenance Repair Budget: Increase annual repair budget for facilities from—$100k-300k annually to �300-400k/yr • Increasing maint. repair funding to improve ability to self -perform smaller asset replacements (below $50k) and help prevent the deferred maintenance gap from growing even larger • Maintenance Staffing: Increase (Right -Size) facilities staffing to allow more proactive maintenance and in-house small repairs • Recommended International Facility Management Association (IFMA) staffing levels for 250k-500k SFT is 9 FTE* (vs 4 FTE) a • Maintenance staff, does not include custodial AOW Packet Pg. 133 8.3 City Council Agenda Item Meeting Date: 02/27/2024 Update on 2024 Transportation Plan, including Multimodal Level of Service (MMLOS) Staff Lead: Rob English / Bertrand Hauss Department: Engineering Preparer: Emiko Rodarte Background/History On May 16, 2023, the Council approved the Professional Services Agreement with Transpo Group for the Transportation Plan Update. On May 2, 2023, Staff and Transpo Group made a presentation on Multimodal Level of Service to the City Council. On March 14, 2023, staff presented the preliminary scope of work and fee with Transpo Group to complete the Transportation Plan Update. On February 13, 2024, staff presented this update to the Parks and Public Works Committee. Staff Recommendation n/a Narrative In May 2023, a contract was signed with Transpo Group to complete the 2024 Transportation Plan. The Transportation Plan is an element of the City's Comprehensive Plan. The main objective of this Plan is to identify short and long-range strategies that lead to the development of an integrated multimodal transportation system that facilitates the safe and efficient movement of people and goods while addressing current and future transportation demand and land use. Based on Puget Sound Regional Council's (PSRC) expectations, the multimodal concurrency, and LOS programs (to meet GMA requirements and VISION 2050's multi -county planning policies) will be included, with the following items: 1. Methodology to evaluate LOS for transit, bicycles, pedestrians, and vehicles; 2. Adopt LOS standard(s) based on the methodology; 3. Identification of existing and future deficiencies to maintain LOS; and 4. Measures for addressing existing and future deficiencies - to maintain LOS. The Traffic Calming Program has been updated and new maps showing existing conditions of the City's transportation system (existing Level of Service at controlled intersections, sidewalk, bicycle facilities, transit routes, etc.) are complete. The goals and policies from the 2015 Transportation Plan are currently being updated. Multimodal level of service (MMLOS) standards are being developed to replace the previous 2015 vehicular LOS at Packet Pg. 134 8.3 signalized and stop -controlled intersections. The consultant has identified different strategies and programs to build the framework to implement this new level of service. This item will be discussed during future City Council meetings to determine the final recommendation. The financial section of the Plan will be developed after the service level standards and projected future land use forecast are complete. The plan is scheduled to be approved by City Council in fall 2024. Attachments: Attachment 1 - Presentation Packet Pg. 135 8.3.a City Council Meeting February 27, 2024 transpogroup r WHAT TRANSPORTATION CAN BE. Packet Pg. 136 8.3.a APPROACH ■ Introductions ■ Overview of the Transportation ■ Approach to Updating the Plan Multimodal LOS Discussion Existing Conditions • Next Steps 2 Element ft r o o o 0 o� o� 2 ar L a r a� C a transpojroup a Packet Pg. 137 8.3.a KEY PLAN UPDATES What's Going to be Different from the Existing Element? - Planning Horizon year = 2044 Incorporate updated subarea plans Updated long-term project list and costs Roadway/Intersection Traffic Modeling Pedestrian/Bicycle Transit Freight Financial strategies to identify how the high priority projects can be implemented 3 PROJECT LIST _ O Financing Strategies L a r a� Transportation Eleme ro- E s 0 .r r Q transpo Group Cif Q Packet Pg. 138 8.3.a PLANNING PROCESS Major Steps to updating the Transportation Element Evaluate existing transportation systems conditions and issues El r 13 1131 13 Prepare travel Define/update Update forecasts and multimodal transportation evaluate needs improvement projects policies 0 Documentatioi and quality cont r w E w a transpojroup �r w a Packet Pg. 139 June I July I Aug I Sep I Oct I Nov I Dec I Jan I Feb I Mar I Apr I May I June I July I Aug I Sep Goals/Policies Audit and Existing Conditions ' Multimodal Level of Service and Transportaiton Concurrency Program Travel Demand Model Update and Forecast Needs Transportation System Improvement Projects/Programs Transportation Finance Program and Impact Fee Rate Schedule Draft and Final Transportation • Plan Documentation Project Team/Agency Coordination and Public Involvement Support 8.3.a MULTIMODAL LOS (MMLOS) PRESENTATION OUTLINE ■ G MA & RCW Amendments to Transportation Requirements GMA Transportation Concurrency Requirements ■ LOS Outcomes, Trade -Offs, and Balance of Modes Ce r w C d E t V f0 w Q transpojroup �r w a Packet Pg. 141 8.3.a WHAT IS TRANSPORTATION CONCURRENCY? TRANSPORTATION CONCURRENCY Growth management requires multimodal transportation systems to be adequate to serve planned growth. Transportation concurrency links land use plans with multimodal transportation and capital improvement plans, providing a tool for effectively managing and balancing community growth. 7 F . •_ mum GROWTH MOBILITY 2 N d a w a transpojroup �r w r a Packet Pg. 142 8.3.a m EDMONDS EXISTING LOS STANDARDS F�all =imii Arterial Street Throughput LIC Intersection Seconds of Delay per Vehicle LOS C ■ All intersections on City collector streets LOS D ■ Signalized intersections on City arterial streets o ■ CN Intersections on Highways of Statewide 0 Significance (HSS) * within Edmonds, including • SR 104CL • SR 99 south of SR 104 0 * Not subject to Edmonds LOS or Transportation Concurrency ordinance, but City required to identify HSS intersections not meeting WSDOT LOS D standard LOS E L a Intersections on Highways of Regional Significance (HRS) within Edmonds, including: • SR 99 north of SR 104 • SR 524 a transpojroup AW w a Packet Pg. 143 8.3.a 0 EDMONDS VEHICULAR LOS STANDARDS LEGEND Intersection LOS 0A-C �D F Intersection Control Signal Roundabout Stop Intersection Not Owned By City Regional Trails Railway Edmonds City Limits 0 05 1 A N 2023 = Only 1 intersection not meeting w City LOS D standard ■ SR 104 (Edmonds Way)/2381" St M'•w ■ Stop sign control on side streets / 0 0 O O . „; o L o o °}£ o ■ Low volume side streets experience delay to accommodate higher volume o SR 104 traffic flow L ■ LOS F operation for worst movement only (left -turns) during PM peak hour E a transpoiroup a Packet Pg. 144 TRADITIONAL HIGHWAY CAPACITY MANUAL VEHICULAR LOS STANDARDS Issues with vehicular LOS ■ Counts Cars, Not People 140 130 Vehicle Thru-put/Intersection Delay = 120 Measures of Driver Inconvenience 110 1' 100 Demand exceeds supply during narrow PM Peak Hour; Does not equal "Failure" o 70 Major funding decisions using public tax a 60 dollars that will last for decades W 50 d Auto -centric LOS standards require auto- U centric "capacity" (widening) mitigation 20 ■ Contributes to urban sprawl and even '° 0 more traffic congestion Time o N 10 P.M. Peak Traffic Volumes (The Local Evening Rush Hour) a 0 _ k- Weekday Work Hours qq N LOS F (Adopted Standlyd for SELECT Arterials) LOS E -- - - - - - - - - (Adopted Stand i rd for Arterials) -- -- ---i-- o 4 LOS D LOS C Measured ere 0 LOS B LOS A Available vaila e nuslll Unused ' Arterid! � - Arterial .,,. Capaciiv _ — Capacity = W _ a N y L a p g a a a o 0 0 r 9 C 0 0 o O tD w+ C� G V w Q transpojroup Tr w a Packet Pg. 145 8.3.a 0 E COMPLETE STREETS: WHO ARE WE PLANNING FOR? Pedestrians Bicycles Public Transit Commercial/Freight Occupancy Vehicle Single Occupancy Vehicle a 0 CL CN O BALANCE ALI mobility needs for Q ALL modes must be carefully considered, BALANCED, anc 2 implemented for the MULTIMODAL transportation system to provide space and w safety for=VERYONE. w a transpojroup Awr w a Packet Pg. 146 8.3.a WORK COMPLETED OR IN PROCESS ✓ Traffic Calming Program Revisions - Summer 2023 ■ Administrative Request ■ Criteria updated; scoring revised ✓ Transportation Goal & volicy Audit Evaluate 2015 goals & policies for compliance with GMA & PSRC ■ Strength test to maximize PSRC certification of 2024 Edmonds TE ✓ Existing Conditions Update ■ Update inventory of existing transportation conditions ■ O Monthly meetings with Transportation Advisory Committee Information/Education on transportation issues/topics ■ Community input and interaction ■ Recommendations and guidance 12 w E w a transpojroup Tr w r a Packet Pg. 147 IN PROCESS OR UPCOMING WORK ➢ Evaluating Pedestrian, Bicycle, Trail, & Transit Networks ■ Confirm primary & secondary pedestrian, bicycle, & transit routes ■ Identify gaps & improvement needs on each modal network ■ Consider prioritization factors (Centers, destinations, volumes, safety) ❑ Prepare Long-range Travel Forecasts ■ Based on updated Travel Demand Model MMLOS = Mobility for people, not just vehicles ❑ Evaluate Future i ransportation System 0 Refine MMLOS standards: Existing vs. Desired Multimodal Networks N ■ Identify improvement project needs, costs, and priorities ❑ Financial Strategies to Maintain MMLOS Standards E ■ Project list translates to cost of development & City implementation strategy ■ Refine LOS standards, if needed 13 transpoiroup �r w a Packet Pg. 148 u MOM S? 0 Aloft ----- . . . . . 8.4 City Council Agenda Item Meeting Date: 02/27/2024 AMD2023-0008 ADU Code Amendment Accessory Dwelling Unit Code Amendment to allow for Detached Accessory Dwelling Units — "Expanding housing options by easing barriers to the construction and use of accessory dwelling units in accordance with HB 1337." Staff Lead: Rose Haas Department: Planning Division Preparer: Rose Haas Background/History The Housing Element in the 2020 Comprehensive Plan recommended the following strategy to promote affordable housing: o The City [should substantially revise] its accessory dwelling regulations, providing clearer standards and streamlining their approval as a standard option for any single family lot (2020 Comprehensive Plan, p. 92). In 2021, the Citizens' Housing Commission stated the following policy recommendation for updating the ADU code to include detached accessory dwelling units (DADUs): o Allow either one attached or detached accessory unit on a property in the SFR area, with clear and definitive development requirements such as size, ownership, and parking, under the standard permitting process and not require a conditional use permit. In the spring of 2023, the state legislature passed HB 1337 which requires jurisdictions like Edmonds to update their development codes to allow for DADUs and make related code changes to make it easier to create accessory dwelling units. In late October of 2023, City Council indicated that they wished to allow detached accessory dwelling units (DADUs) in anticipation of conforming with the state mandate that takes effect in July 2025 (HB 1337). Staff introduced the proposal to allow for DADUs as well as to fully comply with the upcoming required State of Washington mandate at Council Committee on November 14, 2023. Staff held a live public webinar on November 30, 2023 with an online comment period from November 30- December 31, 2023. Staff introduced the proposal at Planning Board on December 13, 2023. Staff discussed the proposal at Planning Board on January 10, 2024 and January 24, 2024. Planning Board will hold a Public Hearing on the Proposal on February 28, 2024. Legal notice for the Public Hearing was published and posted on February 14, 2024. Staff has updated the webpage (Edmondswa.gov/ADU) throughout the entire process. The webpage includes the recorded webinar, draft code amendments, FAQs, self -guided slide shows, and has provided ongoing public comment. Staff Recommendation Packet Pg. 150 8.4 This is a Council discussion item and staff is not recommending action at this meeting. The item will return in March for a public hearing and in a subsequent meeting for adoption. Staff recommends not only allowing DADUs but also modernizing the existing ADU code. The core obiectives of this work are to: 1. Allow DADUs in the City of Edmonds. 2. Align with HB 1337 and industry best practices in terms of development standards (find Engrossed HB 1337, Department of Commerce guidance, and AARP guidance in attachments 1, 2, and 3). 3. Provide clear and objective guidance for those who choose to add ADUs or DADUs to their property. 4. Provide code standards for height, floor area, parking, utilities, etc. Staff will present draft code updates to the city code and the development code (Attachment 4). Code updates occur within Chapter 3.36 of the ECC, and within Chapters 16.20, 16.45, 16.50, 16.53, 17.40, 17.50, 17.115, 20.01, 20.21 20.35 ECDC as well as within Title 21 ECDC (definitions). Narrative Accessory dwelling units provide additional affordable housing options within existing single-family neighborhoods. Edmonds has allowed accessory dwelling units (ADUs) since 2000 but only when they are in or attached to a primary residence (ECDC 20.21). State legislation mandates that HB 1337 must be implemented no later than six months after the next Comprehensive Plan due date, or by June 30, 2025. The minimum requirements for the City of Edmonds will be as follows: Allow two ADUs per lot (any configuration of ADU and DADU). No owner -occupancy requirements. Allow separate sale of ADUs. No parking required within a half -mile of a major transit stop, as defined in RCW 36.70A.696(8). Maximum size limitation no less than 1,000sf. Allow DADUs to be sited at a rear lot line, the lot line abuts a public alley. No setback requirements, yard coverage limits, tree retention mandates, restrictions on entry door locations, or aesthetic requirements that are more restrictive than for the principal unit. Allow ADUs of at least 24-feet in height. Allow impact fees of no more than 50% of the fees imposed on the principal unit. While work on updating the Comprehensive Plan continues, changes to the ADU code can be made now using existing City policy guidance and the ADU guidance provided by the Department of Commerce. There is existing demand for this housing option; Planning staff receives significant interest through phone inquiries, emails and counter visits from community members Packet Pg. 151 8.4 on a weekly basis. They are interested in having accommodation for families to age in place or to help offset rising housing related costs. Attachments: 20240227 PPT Attachment 1 - Engrossed House Bill 1337 Attachment 2 - Washington Department of Commerce Guidance Attachment 3 - AARP Best Practices Attachment 4 - DRAFT Redline strikethrough Code Amendment Packet Pg. 152 8.4.a Accessory Dwelling Unit Code Update AMD2023-0008 Council Discussion February 27, 2024 A Pg. 153 8.4.a The presentation will address the following: o What are ADUs? d E E a O House Bill 1337 and Best Practices U 0 a 00 0 0 O Cl) O Current ADU Policy in Edmonds o a H a a Proposed ADU Policyin Edmonds N O N C d t C) O Topics for Further Discussion ACCESSORY DWELLING UNITS 8.4.a What are ADUs? An accessory dwelling unit is a small residence that shares a single-family lot with a primary dwelling. An ADU is self-contained, with its own kitchen or kitchenette, bathroom and living/sleeping area. An attached ADU is a dwelling unit located within or attached to another housing unit. A detached ADU (DADU) is separate and unconnected to the other housing unit. Types of ADUs, Credit: ACCESSORY DWELLING UNITS E E a 0 U D 0 a co CD CD N O N 0 a a a N N O NT N O N C a What are the benefits of ADUs? HOME FOR A YOUNG FAMILY AGE -IN -PLACE RETIREMENT OPTION STUDIO SPACE FOR A HOME BUSINESS AT-HOME AI WORKSPACE r� RENTALFOR APARTMENT FOR ADULT CHILDREN Credit: A-D you: Evanston's Guide to ADU EXTRA INCOME POST -SURGERY RECOVERY SPACE ACCESSORY DWELLING UNITS 8.4.a a Support aging in place. Q Provide additional financial support for homeowners. E Q Add value: Properties with an ADU are pricec 35% higher. co CD Offer an efficient, low-cost way to build CD M housing. N 0 Meet diverse need4 - suited well for young couples, small families, friends, young people N and seniors.CD N O N Allow multi -generational living. E Q 1W What guidance did we use? HOUSE BILL REPORT EHB 1337 As Passed Legislature Title: An act relating to expanding housing options by easing barriers to the construction and use of accessory dwelling units. Brief Description: Expanding housing options by easing barriers to the construction and use of accessory dwelling units. Sponsors: Representatives Gregerson, Barkis, Berry, Christian, Duerr, Fitzgibbon, Taylor, Ramel, Reeves, Simmons, Walen, Graham, Bateman, Reed, Lekanoff, Doglio, Tharinger, Cones, Macri and Stonier. Brief History: Committee Activity: Housing: 1/23/23, 2/2/23 [DP]. Floor Activity: Passed House: 3/2/23, 8I-15. Senate Amended. Passed Senate: 4/6/23, 39-7. House Concurred. Passed House: 4/14/23, 85-11. Passed Legislature. Brief Summary of Engrossed Bill • Requires fully planning cities and counties to allow accessory dwelling units (ADUs) in urban growth areas (UGAs). • Prohibits certain ADU regulations within UGAs. • Allows cities and counties to offer incentives for the development or construction of ADUs within UGAs. HOUSE COMMITTEE ON HOUSING H B 1337 ACCESSORY DWELLING UNITS The ABCs of ADUs FAS� A guide to Accessory Dwelling Units and how theyexpand housing options for people of all ages n.a tn�a auerc.ron ..a n,o,.: °`°"""""""°"""�""""""'°„' AARRorg/ADUs NINE son( ■ ■ ■ ■■ ■ ■ 0 ■■ mile on THE EDMONDS CITIZENS' HOUSING COMMISSION WANTS TO HEAR FROM You. MRSC Guide AARP Best Practices Citizens Housing Commission Survey 8.4.a C d C d Q d O U 0 a co CD CD O Cl) N O N 0 a H a a N N CD NT N N C d E t a 8.4.a Why DADUs in Edmonds today? o In 2021, the Citizens' Housing Commission stated the following policy recommendation for updating the ADU code to include DADUs: 'Allow either one attached or detached accessory unit on a property in the SFR area, with clear and definitive development requirements such as size, ownership, and parking, under the standard permitting process and not require a conditional use permit." o According to the 2021 American Community Survey, 21.5% of Edmonds' residents are over 65 years of age. The most frequent over -the counter ADU question: "Are DADUs allowed for 'aging in place?" ACCESSORY DWELLING UNITS Young professionals/ couple t Grand parents Young family _T Teenager Credit: City of Redlands 11 1 0 owner 0 renter E E 0 U D 0 a 0 CD N O 0 a a a N N O NT N 0 N E t a 8.4.a What does ECDC currently allow? Permit needed Type of Unit Number of Units Size Design Entrance Parking Occupancy M ih YES - Conditional Use Permit -Type II decision. Attached ADU only. May have accessory dwelling unit per lot. ✓ Must not exceed 40% of the livable floor area of the principal dwelling, up to a maximum of 800 square feet. ✓ No more than two bedrooms. ✓ An exception allows increased size up to 50% of the floor area of the principal dwelling if the ADU is all on a single flo Architecturally match with the primary residence. Side entrance that should be unobtrusive when viewed from the street. One off-street parking space in addition to the parking spaces normally required for the principal dwelling, but no less than threE spaces per lot. Either the primary dwelling or the accessory dwelling unit must be owner -occupied. ACCESSORY DWELLING UNITS a 8.4.a What will 1-1131337 require? o Cities must ease barriers to the construction and use of accessory dwelling units. o Cities must allow ADUs as a secondary outright permitted use. o Legalizes two accessory dwelling units per lot and lifts numerous restrictions. ACCESSORY DWELLING UNITS CONVERTED GARRAGE CONVERTED GARRAGE Credit: REMOCA General Contractors, Inc. DETACHED ADU BASEMENT CONVERSION _ E E 0 U 0 a 00 CD N O N 0 a a a N N 0 NT N O N _ a� t c� Q 8.4.a What will HB 1337 require? State legislation mandates that HB 1337 must be implemented no later than six months after the next Comprehensive Plan due date, or byJuly 1, 2025. The requirements for the City of Edmonds will be as follows: • Allow two ADUs per lot (any configuration of ADU and DADU). • No owner -occupancy requirements. • Allow separate sale of ADUs. • No parking required within a half -mile of a major transit stop, as defined in RCW 36.70A.696(8). • Maximum size limitation no less than 1,000sf of gross floor area. • Gross Floor Area is defined as the "interior habitable area of an accessory dwelling unit, including basements and attics but not including unconditioned space, such as a garage or non -habitable accessory structures." • Allow DADUs to be sited at a rear lot line when the lot line abuts a public alley. • No setback requirements, yard coverage limits, tree retention mandates, restrictions on entry door locations, or aesthetic requirements that are more restrictive than for the principal unit. • Allow ADUs of at least 24-feet in height. • Impact fees cannot be more than 50% of fees charged for the principal unit. ACCESSORY DWELLING UNITS E a 0 U 0 a co CD CD N O N 0 Q a a N N O NT N N C Q What are Best Practices according to WA Dept of Commerce and AARP? o Allow all types of accessory units. o Require no additional parking spaces for ADUs. o Minimize permit and impact fees or waive them in specific situations. o Adopt flexible and simple regulatory requirements for setbacks, square footage, and design. o Allow prefabricated modular units. o Allow pre -approved units. o Owner occupancy not required. o Allow for rentals as well as sale as condominiums. ACCESSORY DWELLING UNITS 2 - PROPOSED DETACHED ACCESSORY DWELLING UNIT AND CARPORT Credit: SLC.gov E E O V 0 AQ W 0 O M N O N 0 Q IL IL ti N N 0 ,IT N O N C d E Q What the ECDC may look like: Permit needed C-A-PalT+ier,-,I U Perm i+ Type II rller-ieiA.m Permitted secondary use* ; Can be permitted in PRDs. Type of Unit Attached ADU only. DADUs and AADUs* Number of Units: May have enlaccessory dwelling unit per lot. Allow two ADUs on all lots in any configuration.* Size M �rt��e�ccer �eP 4() of the livable (leer-�rftn�T�i�T Max height 24'.* �� dwelling, up to a maximum of 900 square feet. If rear lot line abuts a public alley, no rear setbacks are Ne mern th-+n tPeie l�"r:r""01 mr required.* ,oL If�z I I�1en sipgle fleeer�rexreptien ea he made In some instance, reduced rear setbacks. the A D I aFea +e he inepeased up +e 50% of the fleer area of 2 Depending on the zone, no more than 1,200 square feet g the nrinripal dwelling gross floor area. ~ a a Design nrr•hl+er•+Ilr'911y ngateh ,A,i+h the rrim pry recirllenen No design restrictions.* N CD NT N O Parking One off street parking space in addition to the parking spaces No additional parking required for ADUs. normally required for the principal dwelling, but no less than three spaces per lot. Occupancy Owner not req(yuired to reside in one of the units.* a Cithnr the prima Fy dwelling er the -ir�r•nrr•eF y dwelling unit Fn in hn I ewner nrrUnied ACCESSORY DWELLING UNITS *Required by 1337 City of Edmonds Code Update: Number of ADUs Allowing at least two ADUs on all lots in any of the following configurations:* o One attached ADU and one detached ADU, o Two attached ADUs, or o Two detached ADUs. Qwnershi : o Owner occupancy not required.* o Allow as sale as condominiums.* ACCESSORY DWELLING UNITS *Required by 1337 Ai Credit: ADU Concepts New Detached Ground-Uo E a 0 U D 0 a co 0 CD M N O N 0 Q a a N N O NT N O N C d a 8.4.a City of Edmonds Code Update: PLANNING BOARD DISCUSSION Based on the discussions with Planning Board on January 10t" and January 241", City staff is making the following updated recommendations: o Setback reduction incentives on small parcels if property owners limit height of ADU to 15' to preserve privacy, views, and character of existing neighborhoods (RS-6, RS-8). o Eliminating additional ADU parking requirements: • Decreases building costs; • Maximizes ADU usage on smaller lots; • Eliminates additional EV parking requirements. ACCESSORY DWELLING UNITS *Required by 1337 E E a 0 U D 0 a co 0 CD M N O N 0 Q a a N N O NT N O N a 8.4.a City of Edmonds Code Update: Ideas we are exploring Allowing ADUs as an OUTRIGHT PERMITTED SECONDARY USE* No longer requiring a conditional use permit o Allowing ADUs in Planned Residential Development zones. o Allowing prefabricated units. \ Street Credit: PBA Architects + Planners ACCESSORY DWELLING UNITS *Required by 1337 Primary Dwelling Unit (Unchanged) I I 1 I Garage Conversion to Accessory Dwelling Unit ADU ENTRY VIEW E E Q 0 U 0 a Co 0 0 0 N O N 0 a a a N N O lzr O N c a� E t c� Q 8.4.a City of Edmonds Code Update: Ideas we are exploring Development Standards - Height Restrictions and Decreased Setbacks: o Lot coverage will remain at 35% for all Single-family zones. o Limiting height to no less than 24 feet.* o No setbacks for ADUs that abut a public alley* • Primarily impacts parcels in RS-6 zones. o Decreasing rear setback requirements to allow for more flexibility on smaller lots (RS-band RS-8). • Allowing a minimum 5-foot rear setback for ADUs on small lots that limit ADU height to 15-feet. ACCESSORY DWELLING UNITS *Required by 1337 X1 o N O 04 g 1 ■ a. II III II II C4 �► 1111�II - E s The majority of public alleys in the City of Edmonds are located in w the downtown area (RS-6). a 8.4.a City of Edmonds Code Update: Ideas we are exploring Development Standards - Gross Floor Area: o Limiting ADUs to 1,000 sf of gross floor area on small lots (RS-6 and RS-8). o Allowing ADUs to have up to 1,200 sf of gross floor area on one or two floors on large lots (RS-10, RS-12, RS-20) • Remember: • gross floor area is defined as the "interior habitable area of an accessory dwelling unit, not including unconditioned space." • habitable space can be divided by two floors limited at 24 feet in height. ACCESSORY DWELLING UNITS *Required by 1337 E E Q 0 U 0 a co CD CD N O N 0 a a a N N CD NT N O N C d t C) r� r� Q City of Edmonds Code Update: Ideas we are exploring Development Standards - Parking Requirements: o No additional parking required for ADUs • 2 parking spaces are currently required for all single-family homes. • Current regulations allow ADU parking to be tandem or within the existing driveway. • High cost of providing additional parking may limit some homeowners' ability to create additional housing. • Many lots do not have the capacity for a 3rd parking space. o Since 2020, no additional parking has been required for ADUswithin �/4 mileofa • Per RCW 36.70A.698, cities may not require the provision of off-street parking for ADUs within % mile of a major transit stop. Legend Distance to Transit Stop for RS Parcels Bus Routes _ Eighth Mile Quarter Mile Half Mile ,, F__� 8.4.a V All �U ACCESSORY DWELLING UNITS ffi ME&I PacketPg. 169 *Required by 1337 INIF 1:43,344 8.4.a City of Edmonds Code Update: Ideas we are exploring Development Standards - Putting it all together: C. Table of ADU development standards. Sub District Maximum ADU Minimum Maximum ADU Minimum Parking Gross Floor ADU Rear Height Spaces Area (Sq. Ft.) Setback',' RS-20 1,200 25' 24' 0 RS-12 1,200 25' 24' 0 RS-10 1,200 20' 24' 0 RS-8 1.000 10'3 24' 0 RS-6 11000 10'3 24' 0 1 No rear setbacks are required for detached accessory dwelling units from the rear lot line if that lot line abuts a public alley, regardless of detached accessory dwelling unit size. 2 Standard street and side setbacks per ECDC 16.20.030 apply. 3 The normally required rear setback may be reduced to a minimum of five feet for a detached accessory dwelling unit 15' in height or less. ACCESSORY DWELLING UNITS *Required by 1337 City of Edmonds Code Update: Ideas we are exploring Development Standards - Putting it all together: 8.4.a Packet Pg. 171 City of Edmonds Code Update: Ideas we are exploring Development Standards - Putting it all together: LI 8.4.a Sk r...A 2-Story ADU RS-6 and RS-8 - 1,000 sf. max. (per H131337) - 5' Reduced Rear Setback (10' from property line). - 35% Lot coverage limit (existing code) - On alleyway, 0' Rear Setback (per 1-1131337) All others (RS-10, RS-12, RS-20, etc...) - 1 200 sf. max (best practices) E E a O U D 0 a co 0 0 O M N O N 0 a a a N N O NT N O N C a� E a - Maintain existing Setbacks Packet Pg. 172 8.4.a Topic for Further Discussion: Critical Areas EHB 1337 - Section 4 16 (4) The provisions of this section do not apply to lots 17 designated with critical areas or their buffers as designated in RCW 18 36.70A.060, or to a watershed serving a reservoir for potable water 19 if that watershed is or was listed, as of the effective date of this 20 section, as impaired or threatened under section 303(d) of the 21 federal clean water act (33 U.S.C. Sec. 1313(d)). Planning Division Recommendations: • Allow ADUs on lots that contain critical areas or their associated buffers so long as they can meet protection standards in ECDC Title 23 (Natural Resources). Credit: City of Edmonds ACCESSORY DWELLING UNITS _ E a� E Q a� 0 U D 0 a 00 0 0 O M N O N 0 Q H a a ti N N O N O N E s r t. Q Topic for Further Discussion: Impact Fees ECC Chapter 3.36 3. For the purposes of this chapter, development activity shall not include alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed. Note: accessory dwelling units (ADUs) are not considered to create additional dwelling units because ECDC 20.21.020 does not consider ADUs as increasing the overall density of a single-family residential neighborhood. Planning Division Recommendations: • Count ADUs toward density requirements, consistent with 2024 Comprehensive Plan Update and GMA requirements. • Pending internal interdepartmental discussion and review by the City Attorney. • May result in applying impact fees for ADUs. ACCESSORY DWELLING UNITS Credit: Trip Advisor 8.4.a Topic for Further Discussion: ADUs in BN, BC, and BP Zones RCW 36.70A.681(1)(c): (c) The city or county must allow at least two accessory dwelling units on all lots that are located in all zoning districts within an urban growth area that allow for single-family homes in the following configurations: (i) One attached accessory dwelling unit and one detached accessory dwelling unit; (ii) Two attached accessory dwelling units; or (iii) Two detached accessory dwelling units, which may be comprised of either one or two detached structures; Planning Division Recommendations: • Remove single-family dwelling units as a primary permitted use in the BN, BC, and BP zones; OR • Allow ADU use in BN, BC, BP zones although development is unlikely and inconsistent with 2024 Comprehensive Plan update. ACCESSORY DWELLING UNITS S"'Mp ,711 i2714 2�k5-8 ;orz nn1 I J-11 I 228THSTSW 22724 10411 RS-8 14TH WAY SW co -Q r r �o* / \r'U E a U D 0 a co CD CD Cl) N 0 g a a N N O NT N O N ua 8.4.a Topic for Further Discussion: Utilities Water meters, sewer connections, and utility undergrounding can add costs to ADU development. The Planning Division is working with Public Works and Olympic View Water and Sewer District (OVWSD) to update regulations. Planning Division Recommendations: • Reduce costs for homeowners as much as possible. • Collaborate with the Public Works Department, Utility Billing, South County Fire, and OVWSD to ensure that all requirements are met. ACCESSORY DWELLING UNITS Credit: watercarexa.nz 0 W 8.4.a Topic for Further Discussion: Utilities Engineering Division Recommendations: • New and extended utilities must be undergrounded. • All units must have unrestricted access to utility control systems. • Only one water service and meter allowed per parcel. • Only one sewer lateral is allowed per parcel. Credit: drain brains. co. A • Upsizing or replacement of existing service lines/laterals may be required. ACCESSORY DWELLING UNITS Urtac he0 noun* with no Sharod ISewerS T•rIaced houwa wrlh shared sewers d E a� Q 0 U 0 00 CD CD N O N 0 a a a r, N N O NT N N C d E a 8.4.a What about Pre -Approved Designs? Providing pre -approved design options or prefabricated units can lower costs for homeowners and align designs with community vision. o Development staff pre -approves architectural plans for compliance with building and development codes. 101 Typically approved in shorter timeframe with reduced permit fees r City of Seattle pre -approved DADU design, Source: CAST Architecture ACCESSORY DWELLING UNITS E E Q 0 U D 0 a co 0 0 O N O N 0 Q a a N N O NT N O N C d t C) r� r� Q 8.4.a We want your feedback! Let us know your thoughts about the proposed ADU code updates: � Visit edmondswa.gov/ADU and use the comment box to ask a question or submit feedback. O Attend the Planning Board Public Hearing on February 28that City Hall at 7pm. Q Email Plannin )edmondswa.gov to ask a question, make a comment, or join our mailing list. ACCESSORY DWELLING UNITS E E a 0 U D 0 a co 0 0 O N O N 0 a a a N N O NT N N C d a Schedule Jan 10th IIM • Council Introduction ACCESSORY DWELLING UNITS Jp Community WO Webinar Dec Planning Board Introduction Jan 24th I Feb 27th I I Feb 28th I 8.4.a 8.4.b CERTIFICATION OF ENROLLMENT ENGROSSED HOUSE BILL 1337 Chapter 334, Laws of 2023 (partial veto) 68th Legislature 2023 Regular Session GROWTH MANAGEMENT ACT —ACCESSORY DWELLING UNITS —URBAN GROWTH AREAS EFFECTIVE DATE: July 23, 2023 Passed by the House April 14, 2023 Yeas 85 Nays 11 LAURIE JINKINS Speaker of the House of Representatives Passed by the Senate April 6, 2023 Yeas 39 Nays 7 DENNY HECK President of the Senate Approved May 8, 2023 1:13 PM with the exception of section 5, which is vetoed. JAY INSLEE Governor of the State of Washington CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL 1337 as passed by the House of Representatives and the Senate on the dates hereon set forth. BERNARD DEAN Chief Clerk FILED May 10, 2023 Secretary of State State of Washington Packet Pg. 181 8.4.b 1 2 3 4 5 6 7 8 ENGROSSED HOUSE BILL 1337 AS AMENDED BY THE SENATE Passed Legislature - 2023 Regular Session State of Washington 68th Legislature 2023 Regular Session By Representatives Gregerson, Barkis, Berry, Christian, Duerr, Fitzgibbon, Taylor, Ramel, Reeves, Simmons, Walen, Graham, Bateman, Reed, Lekanoff, Doglio, Tharinger, Cortes, Macri, and Stonier Read first time 01/16/23. Referred to Committee on Housing. AN ACT Relating to expanding housing options by easing barriers to the construction and use of accessory dwelling units; amending RCW 36.70A.696, 43.21C.495, and 36.70A.280; adding new sections to chapter 36.70A RCW; adding a new section to chapter 64.34 RCW; adding a new section to chapter 64.32 RCW; adding a new section to chapter 64.38 RCW; adding a new section to chapter 64.90 RCW; creating a new section; and repealing RCW 35.63.210, 35A.63.230, 36.70A.400, 36.70.677, and 43.63A.215. 9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 10 11 12 13 14 15 16 17 18 19 20 21 NEW SECTION. Sec. 1. (1) The legislature makes the following findings: (a) Washington state is experiencing a housing affordability crisis. Many communities across the state are in need of more housing for renters across the income spectrum. (b) Many cities dedicate the majority of residentially zoned land to single detached houses that are increasingly financially out of reach for many households. Due to their smaller size, accessory dwelling units can provide a more affordable housing option in those single-family zones. (c) Localities can start to correct for historic economic and racial exclusion in single-family zones by opening up these c m E m E Q m 0 U Q 00 0 0 0 M N O N Q M M r m m 3 0 x aD N O L _ W aD E s ca Q m E c� a P. 1 EH packet Pg. 182 8.4.b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 neighborhoods to more diverse housing types, including accessory dwelling units, that provide lower cost homes. Increasing housing options in expensive, high -opportunity neighborhoods will give more families access to schools, parks, and other public amenities otherwise accessible to only the wealthy. (d) Accessory dwelling units are frequently rented below market rate, providing additional affordable housing options for renters. (e) Accessory dwelling units can also help to provide housing for very low-income households. More than 10 percent of accessory dwelling units in some areas are occupied by tenants who pay no rent at all; among these tenants are grandparents, adult children, family members with disabilities, friends going through life transitions, and community members in need. Accessory dwelling units meet the needs of these people who might otherwise require subsidized housing space and resources. (f) Accessory dwelling units can meet the needs of Washington's growing senior population, making it possible for this population to age in their communities by offering senior -friendly housing, which prioritizes physical accessibility, in walkable communities near amenities essential to successful aging in place, including transit and grocery stores, without requiring costly renovations of existing housing stock. (g) Homeowners who add an accessory dwelling unit may benefit from added income and an increased sense of security. (h) Accessory dwelling units provide environmental benefits. On average they are more energy efficient than single detached houses, and they incentivize adaptive reuse of existing homes and materials. (i) Siting accessory dwelling units near transit hubs, employment centers, and public amenities can help to reduce greenhouse gas emissions by increasing walkability, shortening household commutes, and curtailing sprawl. (2) The legislature intends to promote and encourage the creation of accessory dwelling units as a means to address the need for additional affordable housing options. Sec. 2. RCW 36.70A.696 and 2021 c 306 s 2 are each amended to read as follows: The definitions in this section apply throughout RCW (())L 36.70A.698, and sections 3 and 4 of this act context clearly requires otherwise. CrAIMINWISOM unless the _ m E M m E m O U 0 Q 00 0 0 0 M N 0 N Q M M r m m 3 O x aD N O a� _ w aD E s ca Q m E c� a p. 2 EH packet Pg. 183 8.4.b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (1) "Accessory dwelling unit" means a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit. (2) "Attached accessory dwelling unit" means an accessory dwelling unit located within or attached to a single-family housing unit, duplex, triplex, townhome, or other housing unit. (3) "City" means any city, code city, and town located in a county planning under RCW 36.70A.040. (4) "County" means any county planning under RCW 36.70A.040. (5) "Detached accessory dwelling unit" means an accessory dwelling unit that consists partly or entirely of a building that is separate and detached from a single-family housing unit, duplex, triplex, townhome, or other housing unit and is on the same property. (6) "Dwelling unit" means a residential living unit that provides complete independent living facilities for one or more persons and that includes permanent provisions for living, sleeping, eating, cooking, and sanitation. (7) "Gross floor area" means the interior habitable area of a dwelling unit including basements and attics but not including a garage or accessory structure. "Major transit stop" means: (a) A stop on a high capacity transportation system funded or expanded under the provisions of chapter 81.104 RCW; (b) Commuter rail stops; (c) Stops on rail or fixed guideway systems, including transitways; (d) Stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or (e) Stops for a bus or other transit mode providing actual fixed route service at intervals of at least fifteen minutes for at least five hours during the peak hours of operation on weekdays. ( (+8+) ) 9) "Owner" means any person who has at least 50 percent ownership in a property on which an accessory dwelling unit is located. ((+9})) (10) "Principal unit" means the single-family housing unit, duplex, triplex, townhome, or other housina unit located on the same lot as an accessory dwelling unit. (11) "Short-term rental" means a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion _ m E m E m O U 0 Q 00 0 0 0 M N 0 N Q M M r m m 3 O x aD N O a� _ w aD E s ca Q m E c� a p. 3 EH packet Pg. 184 8.4.b 1 thereof, is offered or provided to a guest by a short-term rental 2 operator for a fee for fewer than 30 consecutive nights. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 NEW SECTION. Sec. 3. A new section is added to chapter 36.70A RCW to read as follows: (1)(a) Cities and counties planning under this chapter must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, and other official controls the requirements of this section and of section 4 of this act, to take E effect six months after the jurisdiction's next periodic = m comprehensive plan update required under RCW 36.70A.130. E (b) In any city or county that has not adopted or amended ordinances, regulations, or other official controls as required under 0 c� this section, the requirements of this section and section 4 of this a act supersede, preempt, and invalidate any conflicting local c development regulations. 0 o M N (2) Ordinances, development regulations, and other official N 0 controls adopted or amended pursuant to this section and section 4 of Q this act must only apply in the portions of towns, cities, and M counties that are within urban growth areas designated under this r chapter. m (3) Any action taken by a city or county to comply with the requirements of this section or section 4 of this act is not subject = to legal challenge under this chapter or chapter 43.21C RCW. M N (4) Nothing in this section or section 4 of this act requires or N a� authorizes a city or county to authorize the construction of an w accessory dwelling unit in a location where development is restricted r under other laws, rules, or ordinances as a result of physical E proximity to on -site sewage system infrastructure, critical areas, or 0 other unsuitable physical characteristics of a property. Q (5) Nothing in this section or in section 4 of this act prohibits a city or county from: (a) Restricting the use of accessory dwelling units for short- a term rentals; (b) Applying public health, safety, building code, and environmental permitting requirements to an accessory dwelling unit that would be applicable to the principal unit, including regulations to protect ground and surface waters from on -site wastewater; (c) Applying generally applicable development regulations to the construction of an accessory unit, except when the application of p . 4 EH packet Pg. 185 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 8.4.b such regulations would be contrary to this section or to section 4 of this act; (d) Prohibiting the construction of accessory dwelling units on lots that are not connected to or served by public sewers; or (e) Prohibiting or restricting the construction of accessory dwelling units in residential zones with a density of one dwelling unit per acre or less that are within areas designated as wetlands, fish and wildlife habitats, flood plains, or geologically hazardous areas. NEW SECTION. Sec. 4. A new section is added to chapter 36.70A RCW to read as follows: (1) In addition to ordinances, development regulations, and other official controls adopted or amended to comply with this section and section 3 of this act, a city or county must comply with all of the following policies: (a) The city or county may not assess impact fees on the construction of accessory dwelling units that are greater than 50 percent of the impact fees that would be imposed on the principal unit; (b) The city or county may not require the owner of a lot on which there is an accessory dwelling unit to reside in or occupy the accessory dwelling unit or another housing unit on the same lot; (c) The city or county must allow at least two accessory dwelling units on all lots that are located in all zoning districts within an urban growth area that allow for single-family homes in the following configurations: (i) One attached accessory dwelling unit and one detached accessory dwelling unit; (ii) Two attached accessory dwelling units; or (iii) Two detached accessory dwelling units, which may be comprised of either one or two detached structures; (d) The city or county must permit accessory dwelling units in structures detached from the principal unit; (e) The city or county must allow an accessory dwelling unit on any lot that meets the minimum lot size required for the principal unit; (f) The city or county may not establish a maximum gross floor area requirement for accessory dwelling units that is less than 1,000 square feet; E M m Q m O U 0 Q 00 0 0 0 M N 0 N Q M M r m m 3 O x aD N O a� c w aD E s ca Q m E c� a p. 5 EH packet Pg. 186 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 8.4.b (g) The city or county may not establish roof height limits on an accessory dwelling unit of less than 24 feet, unless the height limitation that applies to the principal unit is less than 24 feet, in which case a city or county may not impose roof height limitation on accessory dwelling units that is less than the height limitation that applies to the principal unit; (h) A city or county may not impose setback requirements, yard coverage limits, tree retention mandates, restrictions on entry door locations, aesthetic requirements, or requirements for design review E for accessory dwelling units that are more restrictive than those for c principal units; m E Q (i) A city or county must allow detached accessory dwelling units to be sited at a lot line if the lot line abuts a public alley, 0 c� unless the city or county routinely plows snow on the public alley; o Q (j) A city or county must allow accessory dwelling units to be CO converted from existing structures, including but not limited to 0 c M N detached garages, even if they violate current code requirements for N 0 setbacks or lot coverage; Q (k) A city or county may not prohibit the sale or other conveyance of a condominium unit independently of a principal unit M r solely on the grounds that the condominium unit was originally built m as an accessory dwelling unit; and (1) A city or county may not require public street improvements = as a condition of permitting accessory dwelling units. M N (2)(a) A city or county subject to the requirements of this N section may not: w (i) Require off-street parking as a condition of permitting r development of accessory dwelling units within one-half mile walking E distance of a major transit stop; (ii) Require more than one off-street parking space per unit as a Q condition of permitting development of accessory dwelling units on m lots smaller than 6,000 square feet before any zero lot line subdivisions or lot splits; and a (iii) Require more than two off-street parking spaces per unit as a condition of permitting development of accessory dwelling units on lots greater than 6,000 square feet before any zero lot line subdivisions or lot splits. (b) The provisions of (a) of this subsection do not apply: (i) If a local government submits to the department an empirical study prepared by a credentialed transportation or land use planning p . 6 EH packet Pg. 187 1 2 3 4 5 6 7 8 9 10 8.4.b expert that clearly demonstrates, and the department finds and certifies, that the application of the parking limitations of (a) of this subsection for accessory dwelling units will be significantly less safe for vehicle drivers or passengers, pedestrians, or bicyclists than if the jurisdiction's parking requirements were applied to the same location for the same number of detached houses. The department must develop guidance to assist cities and counties on items to include in the study; or (ii) To portions of cities within a one mile radius of a commercial airport in Washington with at least 9,000,000 annual 11 enplanements. 12 (3) When regulating accessory dwelling units, cities and counties 13 may impose a limit of two accessory dwelling units, in addition to 14 the principal unit, on a residential lot of 2,000 square feet or 15 less. 16 (4) The provisions of this section do not apply to lots 17 designated with critical areas or their buffers as designated in RCW 18 36.70A.060, or to a watershed serving a reservoir for potable water 19 if that watershed is or was listed, as of the effective date of this 20 section, as impaired or threatened under section 303(d) of the 21 federal clean water act (33 U.S.C. Sec. 1313(d)). 22 *NEW SECTION. Sec. 5. A new section is added to chapter 36.70A 23 RCW to read as follows: 24 To encourage the use of accessory dwelling units for long-term 25 housing, cities and counties may adopt ordinances, development 26 regulations, and other official controls which waive or defer fees, 27 including impact fees, defer the payment of taxes, or waive specific 28 regulations. Cities and counties may only offer such reduced or 29 deferred fees, deferred taxes, waivers, or other incentives for the 30 development or construction of accessory dwelling units if: 31 (1) The units are located within an urban growth area; and 32 (2) The units are subject to a program adopted by the city or 33 county with effective binding commitments or covenants that the units 34 will be primarily utilized for long-term housing consistent with the 35 public purpose for this authorization. *Sec. 5 was vetoed. See message at end of chapter. 36 Sec. 6. RCW 43.21C.495 and 2022 c 246 s 3 are each amended to 37 read as follows: p . 7 EH packet Pg. 188 8.4.b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Adoption of ordinances, development regulations and amendments to such regulations, and other nonproject actions taken by a city to implement: The actions specified in section 2, chapter 246, Laws of 2022 unless the adoption of such ordinances, development regulations and amendments to such regulations, or other nonproject actions has a probable significant adverse impact on fish habitat; and the increased residential building capacity actions identified in RCW 36.70A.600(1), with the exception of the action specified in RCW 36.70A.600(1)(f), are not subject to administrative or judicial E appeals under this chapter. M m (2) Adoption of ordinances, development regulations and E amendments to such regulations, and other nonproject actions taken by 0 a city or county consistent with the requirements of sections 3 and 4 0 of this act are not subject to administrative or judicial appeals o - - Q under this chapter. c 0 0 M N Sec. 7. RCW 36.70A.280 and 2011 c 360 s 17 are each amended to N 0 read as follows: Q (1) The growth management hearings board shall hear and determine M only those petitions alleging either: r (a) That, except as provided otherwise by this subsection, a m state agency, county, or city planning under this chapter is not in compliance with the requirements of this chapter, chapter 90.58 RCW = as it relates to the adoption of shoreline master programs or M N amendments thereto, or chapter 43.21C RCW as it relates to plans, N development regulations, or amendments, adopted under RCW 36.70A.040 w or chapter 90.58 RCW. Nothing in this subsection authorizes the board r to hear petitions alleging noncompliance ((with RG' 36 qO 9°01)) E based on a city or county's actions taken to implement the 0 requirements of sections 3 and 4 of this act within an urban growth Q area; m (b) That the ((may—)) 20-year growth management planning population projections adopted by the office of financial management a pursuant to RCW 43.62.035 should be adjusted; (c) That the approval of a work plan adopted under RCW 36.70A.735(1)(a) is not in compliance with the requirements of the program established under RCW 36.70A.710; (d) That regulations adopted under RCW 36.70A.735(1)(b) are not regionally applicable and cannot be adopted, wholly or partially, by another jurisdiction; or p . 8 EH packet Pg. 189 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 8.4.b (e) That a department certification under RCW 36.70A.735(1)(c) is erroneous. (2) A petition may be filed only by: (a) The state, or a county or city that plans under this chapter; (b) a person who has participated orally or in writing before the county or city regarding the matter on which a review is being requested; (c) a person who is certified by the governor within ((may)) 60 days of filing the request with the board; or (d) a person qualified pursuant to RCW 34.05.530. (3) For purposes of this section "person" means any individual, partnership, corporation, association, state agency, governmental subdivision or unit thereof, or public or private organization or entity of any character. (4) To establish participation standing under subsection (2)(b) of this section, a person must show that his or her participation before the county or city was reasonably related to the person's issue as presented to the board. (5) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, the board shall consider the implications of any such adjustment to the population forecast for the entire state. The rationale for any adjustment that is adopted by the board must be documented and filed with the office of financial management within ten working days after adoption. If adjusted by the board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as the "board adjusted population projection." None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes. NEW SECTION. Sec. S. A new section is added to chapter 36.70A RCW to read as follows: (1) By December 31, 2023, the department must revise its recommendations for encouraging accessory dwelling units to include the provisions of sections 3 and 4 of this act. (2) During each comprehensive plan review required by RCW 36.70A.130, the department must review local government comprehensive plans and development regulations for compliance with sections 3 and c m E M m E m O U 0 Q CO 0 0 0 M N 0 N Q M M r m m 3 O x aD N O a� c w aD E s ca Q m E M c� a P. 9 EH packet Pg. 190 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 4 of this act and (1) of this section. 8.4.b the department's recommendations under subsection W fe NEW SECTION. Sec. 9. A new section is added to chapter 64.34 RCto read as follows: (1) Except a declaration created to protect public health and saty, and ground and surface waters from on -site wastewater, a declaration created after the effective date of this section and applicable to a property located within an urban growth area may not impose any restriction or prohibition on the construction, development, or use on a lot of an accessory dwelling unit that the city or county in which the urban growth area is located would be prohibited from imposing under section 4 of this act. (2) For the purposes of this section, "urban growth area" has the same meaning as in RCW 36.70A.030. (3) A city or county issuing a permit for the construction of an accessory dwelling unit may not be held civilly liable on the basis that the construction of the accessory dwelling unit would violate a rest rictive covenant or deed restriction. W NEW SECTION. Sec. 10. A new section is added to chapter 64.32 RCto read as follows: fe (1) Except a declaration created to protect public health and saty, and ground and surface waters from on -site wastewater, a declaration created after the effective date of this section and applicable to a property located within an urban growth area may not impose any restriction or prohibition on the construction, development, or use on a lot of an accessory dwelling unit that the city or county in which the urban growth area is located would be prohibited from imposing under section 4 of this act. (2) For the purposes of this section, "urban growth area" has the same meaning as in RCW 36.70A.030. (3) A city or county issuing a permit for the construction of an accessory dwelling unit may not be held civilly liable on the basis that the construction of the accessory dwelling unit would violate a restrictive covenant or deed restriction. NEW SECTION. Sec. 11. A new section is added to chapter 64.38 RCW to read as follows: c m E M m E m O U 0 Q 00 0 0 0 M N 0 N Q M M r m m 3 O x aD N O L i w aD E M ca Q m E c� a P. 10 EH packet Pg. 191 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 8.4.b (1) Except governing documents of associations created to protect public health and safety, and ground and surface waters from on -site wastewater, governing documents of associations created after the effective date of this section and applicable to a property located within an urban growth area may not impose any restriction or prohibition on the construction, development, or use on a lot of an accessory dwelling unit that the city or county in which the urban growth area is located would be prohibited from imposing under section 4 of this act. E (2) For the purposes of this section, "urban growth area" has the c same meaning as in RCW 36.70A.030. m E (3) A city or county issuing a permit for the construction of an accessory dwelling unit may not be held civilly liable on the basis 0 0 that the construction of the accessory dwelling unit would violate a a restrictive covenant or deed restriction. 00 0 0 0 M N NEW SECTION. Sec. 12. A new section is added to chapter 64.90 N 0 RCW to read as follows: Q (1) Except declarations and governing documents of common interest communities created to protect public health and safety, and M r ground and surface waters from on -site wastewater, declarations and m governing documents of common interest communities created after the 3 effective date of this section and applicable to a property located = within an urban growth area may not impose any restriction or M N prohibition on the construction, development, or use on a lot of an N accessory dwelling unit that the city or county in which the urban w growth area is located would be prohibited from imposing under r section 4 of this act. °' E (2) For the purposes of this section, "urban growth area" has the 0 same meaning as in RCW 36.70A.030. Q (3) A city or county issuing a permit for the construction of an accessory dwelling unit may not be held civilly liable on the basis that the construction of the accessory dwelling unit would violate a a restrictive covenant or deed restriction. NEW SECTION. Sec each repealed: (1) RCW 35.63.210 (2) RCW 35A.63.230 (3) RCW 36.70A.400 13. The following acts or parts of acts are (Accessory apartments) (Accessory apartments) (Accessory apartments) and 1993 c 478 s 8; and 1993 c 478 s 9; and 1993 c 478 s 11; EH packet Pg. 192 1 2 3 8.4.b (4) RCW 36.70.677 (Accessory apartments) and 1993 c 478 s 10; and (5) RCW 43.63A.215 (Accessory apartments —Development and placement —Local governments) and 1993 c 478 s 7. Passed by the House April 14, 2023. Passed by the Senate April 6, 2023. Approved by the Governor May 8, 2023, with the exception of certain items that were vetoed. Filed in Office of Secretary of State May 10, 2023. Note: Governor's explanation of partial veto is as follows: "I am returning herewith, without my approval as to Section 5, Engrossed House Bill No. 1337 entitled: "AN ACT Relating to expanding housing options by easing barriers to the construction and use of accessory dwelling units." Section 5 of the bill gives local governments authority to waive or defer fees, defer payment of taxes, or waive other regulations for the development of accessory dwelling units (ADUs) if specified conditions are met. The specified conditions are that the ADU must be located within an urban growth area, and the ADU must be subject to a locally adopted covenant program ensuring that the ADU will be primarily utilized for long-term housing. Current law allows local governments to waive fees, taxes, and to establish various incentives for the construction of ADUs without requiring the creation of a local covenant program. The administrative costs necessary to administer a new covenant program for ADUs may cause some cities to discontinue current incentive programs. For these reasons I have vetoed Section 5 of Engrossed House Bill No. 1337. With the exception of Section 5, Engrossed House Bill No. 1337 is approved." --- END --- Q p. 12 EH packet Pg. 193 We strengthen communities * 6' L1ul an el r Acce s sort Dwelling Units irj�'�'"` Washington State '�� GROWTH MANAGEMENT SERVICES v3.4 8.4.c Acknowledgments Washington State Department of Commerce Mike Fong, Director Mark Barkley, Local Government Division, Assistant Director Dave Andersen, Growth Management Services, AICP, Managing Director Editors Anne Aurelia Fritzel, AICP, Housing Programs Manager, Growth Management Services Catherine McCoy, Senior Planner, Growth Management Services Municipal Research and Services Center of Washington (MRSC) Contributors Steve Butler, FAICP, Planning & Policy Manager Ingrid de la Jara, Communications Manager Jill Dvorkin, Esq., Legal Consultant Helen Ippolito, Public Policy Intern Angela Mack, Graphic Designer Lisa Pool, AICP, Public Policy Consultant Oskar Rey, Esq., Legal Consultant Reviewers This publication was developed with support from the land use planners of Washington through Regional Planners' Forums; a panel at the 2022 Washington conference of the American Planning Association; Washington state agency review from the Department of Ecology, Department of Health, Department of Fish and Wildlife, Department of Natural Resources; and through other engagement opportunities. Disclaimer This publication offers guidance for Washington local governments in implementing HB 1337 (laws of 2023) and encourages the creation of new accessory dwelling units (ADUs). It does not constitute legal advice, and is not a substitute for the legal advice of an attorney. Users of this publication should contact their own legal counsel regarding their legal rights or any other legal issue. Also, many of the examples are from current municipal codes which may not yet be consistent with the provisions of HB 1337. Contact For additional information on the GMA housing programs, please visit the GMS Planning for Housing Webpage or contact Anne Fritzel, Housing Programs Manager: Anne. Fritzel@a commerce.wa.gov or 360-259-5216 1011 Plum St. SE P.O. Box 42525 Olympia, WA 98504-2525 www.commerce.wa.gov For people with disabilities, this report is available on request in other formats. To submit a request, please call 360-725-4000 (TTY 360-586-0772) GUIDANCE FOR ACCESSORY DWELLING UNITS IN WASHINGTON STATE, AUGUST 2023 Packet Pg. 195 8.4.c Table of Contents Introduction................................................................................................................................................ 4 Definitions................................................................................................................................................... 5 Legal History of ADU Policy in Washington State.......................................................................................... 6 Requirements for cities and urban growth areas........................................................................................... 8 1. Allow two ADUs per lot......................................................................................................................................... 8 2. Do not require owner occupancy .............................................. 3. Allow separate sale of ADUs..................................................... 4. Set off-street parking requirements consistent with HB 1337 5. Set maximum size limits at no less than 1,000 SF .................. 6. Reduce setbacks for ADUs (especially rear setbacks)............ 7. Limit use of design standards ................................................... 8. Allow ADUs of at least 24 feet in height ................................... 9. Reduce impact fees................................................................... 10. Other Fees and Exactions........................................................ 12 Recommendations for cities and other urban areas.....................................................................................22 1. Allow prefabricated units....................................................................................................................................22 2. Streamline ADU permitting processes............................................................................................................... 23 3. Offer incentives to encourage ADUs that are affordable to lower -income households ................................ 24 Key considerations for counties..................................................................................................................25 1. Unincorporated UGAs and LAMIRDs.................................................................................................................25 2. Rural and natural resource lands....................................................................................................................... 25 Other programmatic elements to consider..................................................................................................27 1. Address the use of ADUs as short-term rentals................................................................................................ 27 2. Provide user-friendly communication materials...............................................................................................28 3. Provide information on landlord -tenant laws for prospective ADU owners and ADU tenants ...................... 29 4. Provide information on ADU financing and funding programs........................................................................29 5. Create a program to encourage legalization of unpermitted ADUs................................................................ 30 6. Provide pre -approved ADU plans....................................................................................................................... 30 Appendix A: Additional examples and resources.........................................................................................31 Appendix B. Relevant GMHB cases for counties..........................................................................................35 Appendix C. Resources for programmatic elements....................................................................................36 Appendix D: Other ADU information and resources......................................................................................38 _ a� a� E Q a� 0 t� 0 a 00 0 0 0 M N O N a REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 196 8.4.c Introduction Allowing more accessory dwelling units (ADUs) encourages housing construction and increases the overall supply and variety of housing options, helping address the challenges posed statewide by insufficient housing. HB 1337, passed in 2023, requires jurisdictions to allow two ADUs per lot within urban growth areas (UGAs) by six months after the next periodic update due date. The Washington State Department of Commerce (Commerce) presents this publication as an update to the agency's 1994 guidance to assist local governments in implementing this requirement. The objective is to provide information on the requirements, local policy choices, and examples of approaches for consideration by cities, towns, and counties, in accordance with the bill. This guidance is structured into the following sections: • Requirements for cities and other urban areas. • Recommendations for cities and other urban areas. • Key considerations for counties (rural and resource lands). • Other programmatic elements to consider. This document provides detail on the state law and local policy choices. Please note that throughout this document quoted state laws are bolded. Benefits of ADUs Construction of new ADUs has many benefits, including to: • Add to the diversity of housing options. • Provide a housing type that blends in well with existing low density residential neighborhoods. • Cater to our state's changing demographics, including more seniors and smaller household sizes. • Provide housing that is typically more affordable than traditional detached single-family homes. • Add housing units without expanding urban growth areas. • Correct historic economic and racial exclusion by opening up single-family neighborhoods to more diverse housing and household types. • Reduce climate impacts because ADUs tend to be smaller and use less energy than traditional single- family homes. • Use existing infrastructure such as sewer, water and streets. For these reasons, ADUs can be an effective and "gentle" way of helping to accommodate the state's growing population. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 197 8.4.c Definitions Local governments should review their development regulation definitions to ensure consistency with RCW 36.70A.696, as amended. This will help facilitate consistent implementation of these requirements and reduce the need for interpretation due to missing or outdated definitions. Accessory Dwelling Unit (ADU) A dwelling unit located on the same lot as a single- family housing unit, duplex, triplex, townhome or other housing unit. Attached ADU An ADU located within or attached to a single-family housing unit, duplex, triplex, townhome, or other housing unit. Detached ADU An ADU that consists partly or entirely of a building that is separate and detached from a single-family housing unit, duplex, triplex, townhome or other housing unit and is on the same property. Dwelling Unit A residential living unit that provides complete independent living facilities for one or more persons and that includes permanent provisions for living, sleeping, eating, cooking and sanitation. Exaffq is of Accesmy Dwelling Unds (ADUs) AOUa n OOt mr�� traidm m in OW AVA~ AV (rso 1 , A.artwd Aou (m msd&3nl A a d" AAU J r•r ~ o►40aw - . REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 198 8.4.c Basement attached ADU example, with attached ADU entrance on the side of the structure. Credit: Steve Butler. Legal History of ADU Policy in Washington State As required by the 1993 Washington Housing Policy Act, Commerce made recommendations to encourage development and placement of ADUs, published in 1994 as the Model ADU Ordinance Recommendations. The Act required cities of over 20,000 population and counties of over 125,000 population, planning under the Growth Management Act to incorporate the Commerce recommendations into their zoning and development regulations. To allow local flexibility, the recommendations were subject to local regulations, conditions, procedures, and limitations. In 2019, the state Legislature found that Washington State had a housing affordability crisis and sought to promote and encourage the creation of ADUs. Commerce offered a grant program' to encourage cities to adopt regulations to increase housing supply, including to: (1) authorize ADUs in one or more zoning district in which they are currently prohibited; (2) remove minimum parking requirements; (3) remove owner occupancy requirements; (4) adopt new square footage requirements that are less restrictive than existing requirements; and (5) develop a local program that offers homeowners a combination of financing, design, permitting or construction support to build ADUs.2 In 2020, the legislature adopted restrictions on how much off-street parking local governments could require for ADUs near transit stops. As a result, cities that fully plan under the GMA could not require off-street parking for ADUs within a quarter mile of a major transit stop, with certain limited exceptions.' In 2021, the legislature amended RCW 36.70A.070(2)4 to require all cities and counties that fully plan under the GMA to "consider the role of accessory dwelling units in meeting housing needs." In addition, Section 7 of the bill stated that cities and counties "should consider" certain policies to encourage the construction of ADUs. Governor Jay Inslee vetoed this section because it did not specifically limit the policies to lands within urban This is codified in RCW 36.70A.600. 2 RCW 36.70A.600(1)(n), (o), (p), (q) and (x), passed in 2019, and updated in 2020 to this current list of options. 3 RCW 36.70A.698 4 See HB 1220. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 199 8.4.c growth areas. The Governor's veto illustrates a fundamental point: While there is little doubt that local governments should encourage ADUs in cities and UGAs, very different considerations come into play with respect to county rural and resource lands. In 2023, HB 1337 amended RCW 36.70A to add significant changes to local government roles for regulating ADUs. Within urban growth areas, cities and counties: • Must allow two ADUs per residential lot. They may be attached, detached, or a combination of both, or may be conversions of existing structures. • May not require the owner to occupy the property, and may not prohibit sale as independent units. • May not charge more than 50% of impact fees charged for the principal unit. • Must allow an ADU of at least 1,000 square feet and must adjust zoning to be consistent with the bill for things such as height, setbacks, and other regulations. • Must set consistent parking requirements based on distance from transit and lot size. If a city or county does not amend its rules to be consistent with the law, the statute will "supersede, preempt and invalidate any conflicting local development regulations."' Other new provisions in HB 1337 • Actions taken by a city or county to comply with new requirements are exempt from legal challenge under GMA or SEPA.6 • Cities and counties are not required to authorize the construction of an ADU where development is restricted under rules as a result of physical proximity to on -site sewage system infrastructure, critical areas, or other unsuitable physical characteristics of a property.' • Cities and counties may restrict the use of ADUs for short term rentals.$ • Cities and counties may apply public health, safety, building code, and environmental permitting requirements to an ADU that would be applicable to the principal unit, including regulations to protect ground and surface waters from on -site wastewater.9 • ADUs are not required to be allowed on lots with critical areas, or around SeaTac airport.10 • Local governments are protected from civil liability if they issue a permit for an ADU on a lot with a covenant or deed restricting ADUs.11 5 RCW 36.70A.680(1)(b), RCW 36.70A.697(2) 6 RCW 36.70A.680(3) RCW 36.70A.680(4) 8 RCW 36.70A.680(5) 9 RCW 36.70A.680(5) 10 RCW 36.70A.681(2) and (4) 11 RCW 64.34.120(3) REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 200 8.4.c Detached ADU/"Carriage House" in Portland. Credit: Radcliffe Dacannay, Radworld (Creative Commons). Requirements for cities and urban growth areas 1. Allow two ADUs per lot Allowing ADUs in residential neighborhoods creates additional housing options and gives homeowners greater flexibility by providing rental income or a place for they or their family members to age in place. State law Within urban growth areas, cities and counties must allow two ADUs on all lots in zoning districts that allow for single-family homes.12 The ADUs may be: • Two attached ADUs such as unit in a basement, attic, or garage; • One attached ADU and one detached ADU; or • Two detached ADUs, which may be comprised of either one or two detached structures. • A conversion of an existing structure, such as a detached garage.13 When lots are small Cities and counties must allow an ADU on any lot that meets the minimum lot size required for the principal unit.14 Minimum lot sizes set the base lot size for development as part of a subdivision process. To support more ADU development, local governments should reduce or eliminate minimum lot size requirements for 12 RCW 36.70A.681(1)(c) 13 RCW 36.70A.681(1)(i) 14 RCW 36.70A.681(1)(e) states that an ADU must be allowed if the lot meets minimum size for the principal unit. RCW 36.70A.681(3) states that cities and counties may set a limit of two ADUs, on a residential lot of 2,000 square feet or less. However, if two ADUs are allowed on lots that meet the minimum lot size, 2,000 SF is not generally going to be a standard lot size and may not have space for even one ADU. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 201 8.4.c ADUs with existing development and allow ADUs on all lots. Where lots are smaller than the minimum allowed by the zone, cities may choose to rely on the capacity of the lot, sewer, septic, parking, and landscaping or other regulations to set the limits on one or two ADUs. Examples • Enumclaw Municipal Code Sec. 19.34.050: Allows ADUs on lots of any size. • Kenmore Municipal Code Sec. 18.73.100: Does not require a minimum lot size for ADUs. • Renton Municipal Code Sec. 4-2-110C: Permits ADUs on lots 3,000 square feet or less. E c Restricted development locations E Cities and counties are not authorized to allow construction of ADUs in locations where development is restricted under other laws, rules, or ordinances due to physical proximity to on -site sewage system c0 infrastructure, critical areas or other unsuitable physical characteristics of a property.15 This includes critical areas protection standards, such as buffers and setbacks, as well as associated environmental permitting a review and process requirements. In short, cities and counties should apply the same public health, safety, c building code and environmental permitting requirements to an ADU that would be applicable to the principal o unit, including regulations to protect ground and surface waters from on -site wastewater. The provisions of HB c 1337 provide no authority to override local ordinances that address public health and safely. o a Cities and counties may restrict ADU development: _ • Within areas designated as critical areas (see below). • In shoreline areas so designated under a shoreline master program (see below). • On lots in a watershed serving a reservoir for potable water if that watershed is or was listed, as of July 1, 2023, as impaired or threatened under Section 303(d) of the federal Clean Water Act (33 U.S.C. Sec. 1313(d)).16 • In zones with a density of one dwelling unit per acre or less that are in critical areas, designated as wetlands, fish and wildlife habitats, flood plains, or geologically hazardous areas." Generally any zones with such low densities within UGAs are so designated to protect the critical area, so adding additional development in the form of an ADU is not consistent with this exception. • Within a mile radius of SeaTac airport." For areas without sewer • Cities/counties may prohibit ADUs on properties not served by sewers. • Septic and related wastewater rules to protect water -quality located in local health codes and 246-272A and -272B WAC continue to apply to on -site systems for ADUs. • The Department of Health expects attached ADUs to be more likely to be connected to the same septic system as the primary single family residence since they are easier to build compliant with Department of Health rules. The septic system needs to be designed to accommodate this additional wastewater flow. • Detached ADUs could, depending on local rules, be served by a separate septic system. The requirements, including horizontal setback and maximum density requirements of the rule(s) would apply. 15 https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal-management/Shoreline-coastal-planning/Shoreline-planners-toolbox 16 RCW 36.70A.681(4) 17 RCW 36.70A.680(5) 18 RCW 36.70A.681(2) REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 202 8.4.c • In areas where sewers are likely to be built in the future, plan reviewers may want to take measures to accommodate the eventual conversion from septic systems to sewer. Critical areas Cities and counties shall limit ADU development as necessary to meet critical areas protection standards. All ADU development must be reviewed for consistency with critical area protection ordinance provisions, and shall only be allowed when consistent. Critical areas include: a� E • Wetlands, and fish and wildlife habitat conservation areas provide critical ecological functions. They are protected for their intrinsic values and no additional development is appropriate. Internal conversions of E existing space to an ADU may be permissible, provided all other protections are observed. a a� • Floodplains and geologically hazardous areas are identified as hazard areas that may pose dangers to life o safety and property. Most local jurisdictions allow some development in floodplains and geologically L) D hazardous areas. However, the development must go through a detailed review process that provides a analysis of the site -specific conditions and the proposed development, supported by reports from certified o experts such as geologists and engineers. o • Critical aquifer recharge areas (CARAs), which are important to allow groundwater to recharge aquifers N used for drinking water. In these areas, regulations generally protect against hazardous uses and ensure o impervious surfaces do not restrict groundwater recharge. ADU development over CARAs may be allowed a if it can be demonstrated they will not impact potable water. v While ADUs shall be allowed in residential neighborhoods within the UGA, in geohazard and wetland areas they a� U must be designed and located to avoid critical area impacts consistent with the mitigation sequence,19 which includes to: • Avoid the impact altogether by not taking a certain action or parts of an action. • Minimize impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts. • Rectify the impact by repairing, rehabilitating or restoring the affected environment. • Reduce or eliminate the impact over time through preservation and maintenance operations during the life of the action. • Compensate for the impact by replacing, enhancing, or providing substitute resources or environments. • Monitor the impact and taking appropriate corrective measures. Reasonable use exceptions Detached ADUs are not necessary for reasonable residential use within critical areas and should not be allowed within critical areas or their buffers under reasonable use exceptions. It may be possible to convert space within existing homes to create an ADU if no new exterior construction, expansion of the footprint or additional impervious surface is added. 19 https://ecology.wa.gov/Water-Shorelines/Wetlands/Mitigation/Avoidance-and-minimization REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 203 8.4.c ADUs in shorelines under a shoreline master program Shorelines and shorelands are governed under the city, town, or county's Shoreline Master Program (SMP). Although residential uses are allowed in many shoreline environment designations (SEDs), ADUs may not be appropriate in all SEDs. The ADU requirements outlined in HB 1337 are intended to apply within the UGA governed under the Growth Management Act and are not automatically applicable within the shoreline jurisdiction governed under the Shoreline Management Act (SMA). Local governments should plan for ADUs located within shoreline jurisdiction during a periodic review of their SMP20. Review and update of an SMP is required every ten years but can be initiated by a local government outside of the required schedule. Chapter 90.58 RCW, Chapter 173-26 WAC, and Ecology approved local shoreline master programs restrict development under SMA goals, policies, purpose and intent. Within shoreline jurisdiction, zoning code provisions can be applied, but they must be reviewed in addition to the bulk, dimensional, performance, and use standards of the SMP, and all new development and uses, including ADUs, can only be authorized through the shoreline permitting system outlined in Chapter 173-27 WAC. isetb;a------ - �I ehorellne butler • - GF1VrM - If allowed, ADUs within shoreline jurisdiction shoul be outside of buffers and setbacks. Credit: Ecology Each SMP contains residential use regulations and development standards which ensure that allowed uses and development remain compatible with the shoreline environment and SMP and allow no net loss of shoreline ecological function. If allowed under the SMP provisions, ADUs would still need to be located outside of all shoreline buffers and setbacks and would need to meet other SMP critical area, density, impervious surface, and vegetation conservation provisions. ADUs are not necessary for reasonable residential use within shoreline jurisdictions and should not be included as project components in shoreline variance permit applications. Local governments wanting to address ADUs under the authorities of their SMP should consult Washington State Department of Ecology guidance2I and work closely with their Ecology shoreline planner.22 Examples • Black Diamond Municipal Code Sec. 18.56.030 - Allows two ADUs in conjunction with the primary unit provided adequate provisions for water and sewer are met. • Langley Municipal Code Sec. 18.08.095 - Allows one attached and one detached ADU on a lot with a single-family dwelling connected to sewer. • Burien Municipal Code Sec. 19.17.070 - Permits a maximum of two ADUs (one attached and one detached) per detached house. 20 The timetable for local governments to develop or amend master programs is required by RCW 90.58.080, 21 https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal-management/Shoreline-coastal-planning/Contacts 22 https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal-management/Shoreline-coastal-planning/Shoreline-planners-toolbox _ a� E a� E Q a� 0 0 a 00 0 0 0 M N O N 0 a REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 11 SEPTEMBER 2023 Packet Pg. 204 8.4.c 2. Do not require owner occupancy Owner occupancy standards have typically required that a property owner live in either the primary residence or the ADU, however that may limit the ability of the owner to develop or rent and ADU. State law Within UGAs, cities and counties may not require the owner of a lot on which there is an ADU to reside in or occupy the ADU or another housing unit on the same lot.23 RCW 36.70A.696(9) defines owner as any person who has at least 50% ownership in a property on which an ADU is located. Local policy choice When a unit is used as a short-term rental (STR), a local government may choose to require an owner to occupy either the primary or an accessory unit. (See the section on short-term rentals.)24 Examples • Bremerton Accessory Dwelling Units • Kirkland Accessory Dwelling Units Seattle Accessory Dwelling Units • Vancouver Accessory Dwelling Units 3. Allow separate sale of ADUs Because they are smaller and generally more affordable than most typical single-family homes, sales of ADUs as separate units can increase homeownership opportunities for first-time homebuyers and low-income households. State law A city or county may not prohibit the sale or other conveyance of a condominium unit independently of a principal unit solely on the grounds that the condominium unit was originally built as an accessory dwelling unit.25 Washington's Condominium Act, which provides for the creation of condominiums, does not preclude ADUs from being created as a part of a condominium development. Here, the unit is individually owned and the remainder of the property is under common ownership. Local governments wanting to regulate how ADUs are converted to a condominium form of ownership should work closely with their legal counsel in reviewing RCW 64.90.025 and other related laws.26 Zero lot line subdivisions and lot splits are mentioned in Section 4(2) of HB 1337, however, there is currently no authorization for lot splits in Washington, creating true independent units for ADUs. SB 5258 amends RCW 58.17.060 to require all cities and towns to adopt procedures for unit lot subdivisions to allow division of a parent lot into separately owned unit lots, or owned in common by the owners of the lots. However, this is better used for developments such as townhouses. Examples • Seattle Annual ADU Report 2022 — Addresses ADUs sold as condominiums, highlights the benefits of ADUs as condominiums and the increase in ADUs as condominiums in Seattle since 2018. 23 RCW 36.70A.681(1)(b) 24 RCW 36.70A.680(5)(a) 25 RCW 36.70A.681(1)(k) 26 See additional information on ADUs and condo's at ADUs and Condos: Separating Ownership I Accessory Dwellings REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 205 8.4.c • City of Snohomish Unit Lot Subdivision - the city provides a handout with criteria and the process for unit lot subdivision. Bellevue unit lot subdivision Web page for townhouses. 4. Set off-street parking requirements consistent with HB 1337 Many lots in established areas aren't large enough to support both an ADU and off-street parking, effectively prohibiting ADU development. This means that ADUs are often limited to larger lots that can accommodate parking and other site features. Removing off-street parking requirements for ADUs can help to open up possibilities for placing ADUs, especially in urban areas with transportation options. State law Parking limits for ADUs are subject to the following: Off street parking may not be required as a condition of permitting ADUs within one half mile of a major transit stop.27_21 On lots smaller than 6,000 square feet, no more than one off-street parking space may be required per ADU before any zero lot line subdivisions or lot splits.29 On lots greater than 6,000 square feet, no more than two off-street parking spaces per ADU may be required before any zero lot line subdivisions or lot splits. Local policy choice While on -site parking cannot be required within a half mile of a major transit stop, a city may not want to require on -site parking in other types of walkable areas or where on -street parking is sufficient. Cities may also choose to reduce parking requirements from the maximum limits in statute. Because ADUs typically are for one or two people, no more than one parking space may be needed for any lot size, especially in areas with on - street parking. A parking study Cities may choose to require more parking if Commerce concurs with a locally -conducted empirical study prepared by a credentialed transportation or land use planning professional that clearly demonstrates that parking consistent with the law would be significantly less safe for pedestrians, bicyclists, or people in vehicles than if the jurisdiction's parking requirements were applied to the same location for the same number of detached houses.30 Commerce is required to develop guidance on the contents of the study by the end of 2023. Related to the issue of off-street parking requirements are garage conversions for ADUs. This type of ADU may be more affordable since the changes are primarily internal to an existing structure, and they're popular with retirees who want to age in place because they generally have "no -step entries." Because HB 1337 requires cities to allow garage conversions, and to reduce parking requirements, Commerce recommends that cities allow any replacement parking for the primary residence and ADU to be on driveways or on the street if 27 Under-RCW 36.70A.681(2), off-street parking for ADUs is prohibited within 1 /2 mile of a major transit stop. 28 Major transit stop is defined in RCW 36.70A.696. 29 This part of statute references zero lot line subdivisions, however, for the purposes of this guidance, this means the ADU is not subject to primary unit parking requirements, even if subdivided from the primary unit. 30 RCW 36.70A.681(2). REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 206 8.4.c possible. Low impact development pervious pavement options may be an offset tool to address additional parking, while also reducing overall site impervious surface area. Examples • Fircrest Municipal Code Sec. 22.58.012 - Doesn't require additional off-street parking for ADUs unless the planning director determines there is insufficient on -street parking to satisfy parking demand. • Kenmore Municipal Code Sec. 18.73.100 - No additional off-street parking spaces are required for an ADU. • Sumner Municipal Code Sec. 18.12.030 - ADUs created via garage conversion are not required to have off- street parking, as long as there is available on -street parking and the unit is located within half a mile of the Sumner transit station. • Kirkland Municipal Code Sec. 115.07 - Doesn't require off-street parking for one ADU. On lots with more than one ADU, one space is required, with exceptions (available street parking within 600 feet or property is located within 1 /2 mile of frequent transit). Q Smith Gillman Cottage converted garage. Credit: CAST architecture. 5. Set maximum size limits at no less than 1,000 SF Local governments typically enact maximum size limits for buildings to ensure there is enough space on a lot for site features like parking and green space. However, maximum size limits that are too restrictive pose design and use limitations. ADU size limits are typically smaller in urban infill areas than they are for larger greenfield sites. Some cities and other urban areas set a single maximum that is based on square footage, while others couple this standard with a percentage of the primary residence. State law ADU size limits must allow a gross floor areas of at least 1,000 square feet within UGAs.31 New amendments to RCW 36.70A.969 define "gross floor area" as the interior habitable area of a dwelling unit including basements and attics but not including a garage or accessory structure. 31 RCW 36.70A.681(1)(f) REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 207 8.4.c Examples • Chelan Municipal Code Sec. 17.20.20 - Limits ADUs in its single-family residential district to 1,200 square feet or no more than 50% of the total square footage of the primary residence, whichever is less. The planning director may approve an increased size to efficiently use all floor area if all other standards are met. • Kenmore Municipal Code Ch. 18.73 - Attached ADUs are limited to 1,000 square feet unless the ADU is w proposed for preexisting floor area on a single level of the primary unit. For detached ADUs, maximums are based on lot size. E a� E a a� 6. Reduce setbacks for ADUs (especially rear setbacks) U State law a A city or county may not impose setback requirements, yard coverage limits, tree retention mandates, o restrictions on entry door locations, aesthetic requirements, or requirements for design review for ADUs that o are more restrictive than those for principal units."N 0 N A city or county must allow detached ADUs to be sited at a lot line if the lot line abuts a public alley, unless 2 the city or county routinely plows snow on the public alley.33 a Setback requirements, which establish the minimum distance from front, side, or rear lot lines, create space between a building and adjacent uses. Some codes establish setbacks for ADUs that mirror those of the principal unit, thereby limiting space for ADUs, especially detached ADUs on small lots. Many urban communities have begun requiring separate, less restrictive setbacks specifically for ADUs. For example, some cities and other urban areas reduce or waive setbacks for detached ADUs alongside and rear lot lines, and alleys. 32 RCW 36.70A.681(1)(h). 33 RCW 36.70A.681(1)(i). REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 208 8.4.c Detached ADU over a garage with relaxed rear setback. Credit: Steve Butler. Examples • Bellingham Municipal Code Sec. 20.01.036 — Exempts detached ADUs from side and rear yard setbacks when abutting an alley. • LaCenter Municipal Code Ch. 18.247 — Allows detached ADUs at the rear yard lot line if adjacent to an alley. Zoning codes should clearly describe ADU standards, which should be at most the same as those for the primary unit. When ADUs are added on a lot, they should fit on the lot, and be consistent with yard coverage limits and tree retention provisions. Stormwater low impact development features such as rain gardens and other bioretention options can be used to define setback areas for an ADU and principal lot, and should be features to support additional units, rather than be barriers. 34 7. Limit use of design standards Design standards often involve ensuring ADUs are compatible with the primary residence through features such as architectural style, window placement, roof form and pitch, and building materials. ADU design standards, however, can have the unanticipated impact of increasing project costs by lengthening the time needed for local ADU project review. ADUs can complement, but need not be exactly the same as the principal unit. Design standards must be clear and objective, should be no more prescriptive than those for single-family 34 Commerce's guidebook: Incentivizing Low Impact Development (LID) Beyond Permit Requirements includes tools and outreach materials that local governments can utilize to encourage developers to go beyond existing stormwater requirements and help reduce site impervious areas. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 209 8.4.c homes, and may not result in a reduction in density, height, bulk, or scale below the requirements of the underlying zone.as State law on design standards A city or county may not impose setback requirements, yard coverage limits, tree retention mandates, restrictions on entry door locations, aesthetic requirements, or requirements for design review for ADUs that are more restrictive than those for principal units." E Local governments should minimize the use of ADU design standards. In some cases, standards may be used 0 to address privacy, for example making sure that the ADU's windows are located to preserve privacy between a the ADU and neighboring properties or private open space. 0 HB 1293 (laws of 2023) adds to RCW 36.70A and amends RCW 36.70B to streamline local design review processes, requiring "clear and objective" standards that don't reduce development capacity otherwise o a allowed. Any design review process must be conducted concurrently, or otherwise be logically integrated, with o the consolidated review and decision process for project permits set forth in RCW 36.7013.120(3). No design o review process may include more than one public meeting. A county or city must comply with these N requirements beginning six months after its next periodic update required under RCW 36.70A.130. The CD provisions do not apply to regulations specific to designated landmarks or historic districts established under a local preservation ordinance a v Examples • Ellensburg Municipal Code Sec. 15.540.040 - Does not require ADUs to match the appearance of the primary structure. • Sedro Woolley Municipal Code Sec. 17.100.030 - Allows the planning director to approve interesting detached ADU designs that are dissimilar from the primary structure. • Lacey Municipal Code Sec. 14.23.071 - Has minimal design criteria for attached and detached ADUs, though duplex -like designs are not allowed. 35 RCW 36.70A.630(2). Design review guidelines must provide only clear and objective requirements, such that an applicant can ascertain whether a particular building design is permissible. 36 RCW 36.70A.681(1)(h). REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 210 8.4.c ADU in the Wedgewood neighborhood of Seattle. Credit: Pam MacRae, Siahtline Institute. Used with permission. 8. Allow ADUs of at least 24 feet in height State law The city or county may not establish roof height limits on an ADU of less than 24 feet, unless the height limitation on the principal unit is less than 24 feet, in which case, a city or county may not impose roof height limitation ADUs is less than the height limit that applies to the principal unit.37 Cities and other urban areas typically set building height limits to address issues like views and privacy; however, they also limit design options and use land less efficiently. Some communities set one height limit for both the principal unit and ADUs, while others have a separate maximum for ADUs. Examples • Kenmore Municipal Code Sec. 18.73.100 - Allows ADUs up to 35 feet. 37 RCW 36.70A.681(1 XW. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 211 8.4.c Spokane Municipal Code Sec. 17C.300.130 - Has height limits that are more nuanced and relate to the proximity of an ADU to a property line. Larger, taller detached AD — 1130 SF. Credit: Eddie Bojorquez/Crest Backyard Homes. 9. Reduce impact fees Impact fees Impact fees are one-time charges assessed by a local government against a new development project to help pay for new or expanded public capital facilities that will directly address the increased demand for services created by that development. RCW 82.02.050 authorizes counties, cities, and towns planning under the Growth Management Act (GMA) to impose impact fees for: • Public streets and roads; • Publicly owned parks, open space, and recreation facilities; • School facilities; and • Fire protection facilities. Because ADUs are generally smaller than standard single family homes, they typically have fewer people living in them, and likely cause fewer impacts. State law The city or county may not assess impact fees on the construction of accessory dwelling units that are greater than 50 percent of the impact fees that would be imposed on the principal unit.38 38 RCW 36.70A.681(1)(al and SIB 5258 (section 10, laws of 2023) amends RCW 82.02.060 to require local governments to publish a schedule of impact fees which reflects the proportionate impact of new housing units. This includes multifamily and condo units, based on square footage, number of bedrooms or trips generated, to produce a proportionally lower impact fee for smaller housing units. Local governments must adopt this schedule within six months after the periodic update due date. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 212 8.4.c Local policy choice Local governments may charge according to the size of the unit, fixture count, or location with the community, or completely waive fees, but in no case should the fees be more than 50% of what would be charged to the principal unit. Examples w • Everett 2023 Impact Fees Schedule — Waives transportation and school impact fees for ADUs. • Olympia Municipal Code Ch. 15.08 — Waives school impact fees and reduces transportation and park impact fees for ADUs. • Renton 2019-2020 Fee Schedule (Section XII) — Provides impact fee reductions and waivers for ADUs. a • Lake Stevens Municipal Code Sec. 9.25.010 — Reduces utilities connection fees for ADUs based on o ADU size. U D Utility connection fees/system development charges a co System development charges, or connection fees may be charged for area -wide improvements for water, c sewer or stormwater. Like impact fees, communities may charge according to the unit's impact on the system. M A fundamental feature of ADUs is that the ADU is "accessory to" a primary residential unit. As a result, the ADU N will be smaller, typically have fewer people living in it, and have a reduced demand for municipal services. 0 a Metering considerations when connecting to the sewer system The Department of Health considers an ADU a separate dwelling unit if it is located outside and separate from the single family residence (detached). An ADU located within the single-family residence, such as a basement or attic unit, is generally not considered a separate connection to the sewer system for the purposes of metering. The total number of service connections is determined by counting each single-family home, each dwelling unit in a multi -family building, and each nonresidential building that the water system serves. Local policy choice There is no specific requirement to reduce charges for sewer, water and stormwater, as there is for impact fees, but a local government has the option of removing, reducing or waiving connection fees or system development charges to meet public purposes. Because of the dependent nature of ADUs, it is recommended that local governments allow shared meters, especially for attached units that are within the capacity of an existing meter. There may be limited cases in which separate meters are necessary because of site configuration or separate sale. They may choose to reduce system development charges to 50% as well because these charges are meant to fund area wide system development improvements, and an ADU generally has a smaller impact. Examples • King County has a detailed system capacity charge system with charges that vary based on the size and form of the housing unit, with addition discounts for affordable units. https://kingcountygov/en/dept/dnrp/waste-services/wastewater-treatment/sewer-system- services/capacity-charge/about Kirkland Accessory Dwelling Units — This webpage provides the following information: ADUs are not subject to water capital facility charges if there are no changes to the water service/meter. ADUs are not subject to sewer capital facility charges. ADUs are not subject to the surface water capital facility charge if the primary residence is already connected to the public storm system. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 20 SEPTEMBER 2023 Packet Pg. 213 8.4.c • Olympia Municipal Code Ch. 13.04 and Ch. 13.08 - Provides the option of new connections or tie-ins when developing an ADU. There is no charge when the connection occurs on the lot. The Olympia Engineering and Design Standards Section 713.080 addresses the issue of ADUs and side sewers. • Sedro Woolley Municipal Code Sec. 17.100.030 — Utilities may be shared between an ADU and the primary dwelling. Sewer connection fees are collected at a reduced rate depending on the size of the ADU. 10. Other Fees and Exactions State law A city or county may not require public street improvements as a condition of permitting ADUs.39 State law requires that public street improvements must not be required as a condition of permitting ADUs, even if the development of the primary unit can trigger such improvements. Another barrier might be the cost of permit fees. Local governments often attempt to recoup the actual cost of processing land use permits, but there is not a legal requirement that they do so. A city or county could choose, for policy reasons, to charge a lower amount for ADU applications as part of a strategy to encourage property owners to construct new ADUs on their properties. In addition, lowering fees makes sense if a city or county is taking other steps to streamline the ADU process, since those measures may also result in lower permit administration costs. Example • Spokane Municipal Code Sec. 08.02.031 — Waived permit fees for ADUs on lots within half a mile of certain zoning districts. The waiver is set to expire at the end of 2024. • Washougal Municipal Code Sec. 18.46.020 - Does not charge an application fee for detached ADU development. 39 RCW 36.70A.681(1)(1). The GMA does not currently define "public street improvements", however "public facilities" is defined in RCW 36.70A.030 and "public improvements" in RCW 39.114.010; both include street and road construction including sidewalks, street and road lighting systems, storm and sanitary sewer systems, among other public improvements. w E _ E a a� 0 U 0 a 00 0 0 0 M N 0 N 0 g REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 214 8.4.c Recommendations for cities and other urban areas The following recommendations are not required but are suggestions to encourage the development of ADUs. They are to apply only to cities, towns, and other urban areas, including unincorporated urban growth areas (UGAs) and limited areas of more intensive development (LAMIRDs). The purpose of applying these ADU recommendations to cities and other urban areas, and not to rural areas or resource lands is to support the GMA's goals of encouraging development in urban areas and reducing sprawl. a� E 1. Allow prefabricated units Prefabricated detached ADUs can provide a degree of cost savings, which may make them more affordable for a property owners, especially in more remote areas that may not have access to the tradespeople needed to M construct ADUs. Because materials and manufacturing are centralized at an off -site manufacturing facility, L) prefabricated units require less construction time than conventionally built structures and can be constructed o year-round in a climate -controlled factory. < 0 0 RCW 35A.21.312 allows for consumer choice in housing, requiring local government to allow the placement of M factory -built homes in any location where site -built homes are permitted. The law was likely developed to apply N to primary units, and not necessarily ADUs. However, cities and counties may adopt a set of additional standards, relating to permanent foundation, roof pitch, and design, although not all of those standards should a be applied to ADUs. aU Any prefabricated unit must meet state standards.40 Local codes may refer to larger manufactured homes, and may not be related to small homes, such as park models, more suitable for an ADU. Example • Bremerton Municipal Code Sec. 20.46.010 — Allows for manufactured homes to be used as ADUs Prefab detached ADU: Nanny Flat, Elder Cottage. Credit: Eddie Bojorquez/Crest Backyard Homes. 40 See the Washington Department of Labor & Industries page on Manufactured Home Permits & Inspections. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 215 8.4.c Tiny houses Tiny houses, or tiny houses with wheels, as defined in RCW 35.21.686, are not generally allowed as ADUs because they may not meet the standards required for a permanent residential unit, such as a foundation, water supply and sewage disposal. However, some communities are starting to consider allowing tiny homes on wheels as temporary units, with appropriate connections and tie-downs.41 One exception in state law is that tiny homes on wheels and RVs may be used as permanent living quarters only when situated in manufactured/mobile home communities, but they are still subject to certain life/safety and utility hookup requirements per RCW 35.21.684. Tiny houses must be inspected and meet the standards of the Washington State Department of Labor and Industry.42 Q Prefab ADU travelling from factory to residential site / installed on -site. Credit: Roger Fitzsimons. 2. Streamline ADU permitting processes A local permitting process should be designed to make it as easy as possible for an applicant to prepare and submit a development permit application, and for the permit review staff to review and quickly approve it. This approach should be particularly true for the types of development that a community is actively trying to encourage, such as ADUs. Discretionary project permitting processes, such as those requiring conditional use permits, hearings examiner review, and public hearings add extra time and cost to getting a development project approved. These processes make sense for situations where a proposed project may be large or have a number of potential 41 Port Townsend allows tiny homes on wheels. (THROWS) https://cityofpt.us/planning-community-development/page/new-euly-1 stst- tiny-house-wheels-thows 42 See the Washington Department of Labor & Industries page on Tiny Houses. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 216 8.4.c impacts on a neighborhood or community. For small, low -impact development projects that advance adopted public policy such as new ADUs, a discretionary permitting process creates an unnecessary barrier to ADU construction. Local governments should allow ADUs "by -right," with project review and approval to be done administratively. Having an expedited or shorter review process for ADUs can also include preferential review of ADU proposals. Providing pre -approved ADU plans is another method for reducing the time needed to review an ADU proposal (see provide pre -approved ADU plans below). Streamlining can be additionally bolstered by checklists that clarify the ADU approval process (see below on providing user-friendly communication materials). Examples • Pasco Municipal Code Sec. 25.161.030 — ADU applications are approved administratively. • Sequim Municipal Code Sec. 18.66.040 — Requires a single administrative permit for ADU development The application must be processed by the community development director within 30 days of submittal (Sec. 20.01.080). 3. Offer incentives to encourage ADUs that are affordable to lower income households While ADUs are generally more affordable than a typical single-family home, most aren't affordable to households making less than 80% of the area median income (AMI). To address this issue, some local governments offer incentives for ADUs that are affordable for lower -income households (that is, less than 80% AMI) for a set number of years (such as 50 years). These types of incentives usually involve requiring affordability in exchange for providing a "bonus," like higher densities in the form of an additional ADU. Local governments can also support affordability for low-income residents by incorporating ADUs into their affordable housing funding programs and forming partnerships with community land trusts and other non- profit organizations. Local policy choice There are a number of ways that local governments can offer reductions for affordable housing, most require some kind of assurance that the unit will remain affordable over time. RCW 82.02.060(4) also authorizes local governments to offer impact fee reductions or waivers for affordable housing. An exemption for low-income housing granted under this section, however, must be conditioned upon requiring the developer to record a covenant that prohibits using the property for any purpose other than for low-income housing. RCW 36.70A.540 authorizes local governments to expand affordable housing incentive programs to include, among other things, fee waivers or exemptions provided the local government is committed to continuing affordability for at least 50 years. A local government may offer "tap -in charge" waivers for low-income persons (under RCW 35.92.380 or RCW 36.94.370).43 Examples • CLTplusOne — A pilot program offered by Durham (NC) Community Land Trustees, which pairs a land trust home with ADUs on the same lot. Both the primary residence and rental unit are permanently affordable (see this Shelterforce article on Durham's Community Land Trust). 43 For more information on this topic, see MRSC's Affordable Housing Techniques and Incentives - Reduction/Waiver of Fees. a� E c a� E a 0 U 0 a 00 0 0 0 Cn N O N 0 a REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 217 8.4.c Seattle Municipal Code Sec. 23.44.041 — Allows a second ADU on a lot if one of three conditions are met: conversion within an existing structure, green building standards, or affordability for "income - eligible households" for a minimum of 50 years. Key considerations for counties GMA-planning counties must plan and provide regulatory frameworks for four land use categories in decreasing order of ADU intensity: • Unincorporated UGAs.44 • LAMIRDs • Rural lands • Designated natural resource lands 1. Unincorporated UGAs and LAMIRDs Unincorporated urban growth areas In unincorporated UGAs, which are generally intended to have urban services and eventually become or annex into cities, the requirements in this guidance apply within 6 months of the next periodic update.45 LAMIRDs Within Limited Areas of More Intensive Rural Development (LAMIRDs), the outer boundary may not change, but the LAMIRD may be filled in with new development, including ADUs. 2. Rural and natural resource lands ADU regulations outside of urban growth areas require consideration of a different set of factors than ADU regulations in cities and urban growth areas. ADU provisions in rural and resource areas must be accompanied by measures to protect rural character, conserve resource lands, and limit density and sprawl. One of the benefits of ADUs in urban areas is that under HB 1337, the ADUs can be sold separately and add to the supply of attainable housing for moderate on maybe lower income households. The same does not hold true in rural areas, where the ADU cannot be sold separately, and the private cost of transportation and public cost of transportation -related emissions reduces the public benefit of ADUs in rural areas. When developing or amending regulations, counties should consider the potential for: • Increased demand for emergency and other services. • Increased traffic on county roads, which may be built to a lower standard. • More housing and increased population in areas potentially prone to wildfires or other natural hazards • Impact on water supplies. • Conflict with or decrease in land available for agriculture or other natural resource industries. The Growth Management Hearings Boards (GMHBs) have considered challenges to ADU regulations in rural and resource designated areas in a handful of counties. Three hearings boards have issued decisions 44 See Chapter 36.70A RCW. 45 RCW 36.70A.680(1) REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 218 8.4.c disfavoring local regulations allowing detached ADUs where they do not include specific criteria to curtail indiscriminate increased density.46 Rural lands For areas designated as "rural," the regulations must be consistent with "rural character" as established in the rural element of the county's comprehensive plan.47 RCW 36.70A.030(23) defines rural character as "[... j the patterns of land use and development established by a county in the rural element of its comprehensive plan." a Importantly, what constitutes rural character in one county may be different than what constitutes rural E character in another (RCW 36.70A.011). ADUs should not contribute to sprawl or cause residential uses to predominate over rural uses.48 E Q Given the need to be consistent with and implement their rural, housing, and land use elements of their 4) 0 comprehensive plans (among others), it will be important for counties to "show their work" through the written record, including but not limited to whereas statements, findings of fact, staff reports, and public participation a processes; and to articulate legal and policy justifications for their actions. c 0 0 Designated natural resource lands o Counties must ensure ADU regulations are consistent with GMA requirements to preserve natural resource o lands for resource production. In natural resource lands, the dominant use is to be the agricultural, forestry, or a mineral use; residential development must be located to not interfere with the natural resource use, and preserve the majority of land for such use.49 See RCW 36.70A.060. _ Considerations and examples for rural and resource areas Generally, regulations permitting attached ADUs raise fewer concerns than those permitting detached ADUs. While several counties allow detached ADUs in their rural land designations, most include restrictions related to standards such as: • Size limit on a single ADU. • Minimum lot size to conform to zoning or in some cases, double the minimum lot size. • Proximity to and dependency on the primary residence (such as shared driveway, parking, yard, septic, well, utilities, etc.). • Design standards for consistency with primary unit. • Limitations on number of permits issued annually. 46 Loon Lake Property Owners, et al v. Stevens County, EWGMHB, Case No. 01-1-0002c, Compliance Order (May 30, 2008); Friends of San Juans, et al v. San Juan County, Case No. 3-2-0003c coordinated with Nelson, et al v. San Juan County, Case No. 06-2-0024c, FDO/Compliance Order, at 3 (Feb. 12, 2007). 47 County comprehensive plans must include a rural element. A county's rural element must include policies that are consistent with rural character. RCW 36.70A.070(5)(0 provides, in relevant part: "[The rural element] shall provide for a variety of rural densities, uses, essential public facilities, and rural governmental services needed to serve the permitted densities and uses. To achieve a variety of rural densities and uses, counties may provide for clustering, density transfer, design guidelines, conservation easements, and other innovative techniques that will accommodate appropriate rural economic advancement, densities, and uses that are not characterized by urban growth and that are consistent with rural character." 48 RCW 36.70A.020(2) and RCW 36.70A.110(1) and .070 U5. Friends of San Juans, et al v. San Juan County, Case No. 3-2-0003c coordinated with Nelson, et al v. San Juan County Case No. 06-2-0024c, FDO/Compliance Order, at 3 (Feb. 12, 2007) — Regulations allowing a detached ADU on substandard rural lots allowed residential use to predominate over rural uses and were therefore noncompliant; Loon Lake Property Owners, et al v. Stevens County Case No. 01-1-0002C — Allowing an ADU on all parcels —including substandard lots — can considerably increase density within zone. 49 Futerwise v. Snohomish County, Case 22-3-003, Final Decision and Order. The Board found that the county failed to protect agricultural lands of long-term commercial significance, in violation of RCW 36.70A.177, and was inconsistent with multi -county and countywide planning policies, in violation of RCW 36.70A.210. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 26 SEPTEMBER 2023 Packet Pg. 219 8.4.c • Restrictions on title. Careful with detached ADUs (attached ADUs preferred) The hearings boards have held that freestanding residential ADUs should be treated as separate dwelling units for purposes of density calculations — although in some cases have found compliant county regulations that allow limited exceptions to detached ADUs triggering such density requirements." Attached ADUs are Preferred Conversely, the boards have held that attached ADUs and ADUs converted from an existing structure in close association with the primary residence (such as a garage) do not count toward density in rural and resource areas.51 ExampleE • Clark County: Accessory Dwelling Unit — Rural (Handout) (2022�— Allows only attached ADUs in rural and resources zones. • Kitsap County: Accessory Dwelling Unit (Handout) (2022) — Requires detached ADUs to be sited within 150 feet of the principal dwelling outside of UGAs. Size limit, 50% of primary unit or 900 square feet, whichever is smaller. Owner occupancy requirements and design standards apply. • San Juan County Code Sec. 18.40.240 — Limits the number of detached ADU permits outside "activity centers" and UGAs in any calendar year to no more than 12% of the total number of building permits for new principal residences issued for the previous calendar year. Further limited to one permit per property owner outside UGAs. • Spokane County: Detached Accessory Dwelling Unit (Handout_— Detached ADUs in selected rural zones must be within 150 feet of principal dwelling and meet several other conditions, including that title notice will be placed on the property that the accessory dwelling may not be sold as a separate residence until such time as the accessory dwelling is located as the sole residence on a legally subdivided parcel. • Walla Walla County Code Sec. 17.08.015 — Requires at least four of six "dependency requirements" be shared for a detached ADU (road access, septic system, water system, utility meters, yard, and parking areas). Other programmatic elements to consider The following "programmatic elements" are not recommendations but are instead meant to be additional options to be considered by cities, towns, and other urban areas, including unincorporated UGAs and LAMIRDS. 1. Address the use of ADUs as short-term rentals Construction of ADUs presents an opportunity to increase a community's supply of relatively affordable long- term housing. When an ADU is used as a short-term rental (STR), defined as a housing unit being rented for fewer than 30 consecutive days, that housing unit functions as a lodging unit for visitors and not as a housing 50 Friends of San Juans, et al v. San Juan County, Case No. 3-2-0003c coordinated with Nelson et al v. San Juan County, Case No. 06- 2,0024c, FDO/Compliance Order, at 3 (Feb. 12, 2007). 51 Yanisch v. Lewis County, Case No. 02-2-0007c, Order on Compliance Hearing (Mar. 12, 2004). a� E c a� E a a� 0 0 D 0 a 00 0 0 0 A N O N 0 a REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 220 8.4.c unit.52 As a result, some local governments completely prohibit the use of ADUs as STRs, while others limit but don't completely prohibit that use. The primary rationale for prohibiting or limiting ADUs being used as STRs is that renting an ADU as a long-term housing unit, defined as being rented for more than 30 consecutive days, will have the dual benefit of providing a positive income stream to a homeowner and adding a new residential unit to the local housing supply. Some studies attempt to make the case that ADUs being used as STRs make up "only a small percentage" of the overall stock of STRs (8%-12%).53 For example, data collected by the City of Seattle shows that 11 % of the total short-term rental units were ADUs. It should be noted, however, that 11 % still represents 418 units that are not contributing to that city's long-term housing supply. Given the significant policy implications, local governments located in areas with high demand for short-term rentals, such as popular tourist destinations, should carefully consider the pros and cons of allowing ADUs to be used as short-term rentals. State law Cities and counties may restrict the use of ADUs for short term rentals.54 Examples • Bellingham Municipal Code Sec. 20.10.037 - Does not allow STRs in detached ADUs in single-family zones but does allow them in detached ADUs in other zones, and in attached ADUs citywide. • Poulsbo Municipal Code Sec. 18.70.070 - Does not allow ADUs to be used as STRs. Sequim Municipal Code Ch. 18.66 - Does not allow ADUs to be used as STRs. 2. Provide user-friendly communication materials To assist applicants in navigating the ADU permitting process, local governments can provide user-friendly ADU webpages, informational handouts, guides, and checklists. These guidance documents can help by clearly articulating ADU requirements to property owners, homeowners, contractors, and developers. Clear materials inform those who are interested in building ADUs and encourage interest in ADU construction. Examples • Bremerton Guide to Establishing an ADU (2021 ) - Includes an overview of the city's ADU standards and links to permit requirements. • Lake Stevens ADU Permit Checklist - Helps applicants understand the city's ADU provisions. • Olympia ADUs & Accessory Structures Guide (2022A- Includes an overview of ADU regulations and standards, including design review requirements and guidelines. • Seattle ADUniverse: The ABCs of ADUs - Includes a step-by-step guide to creating an ADU. • Thurston County ADU Handout (20M- Covers the main elements of the county's three -step ADU permitting process. 52 RCW 36.70A.696(9) defines short-term rental as "a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion thereof, is offered or provided to a guest by a short-term rental operator for a fee for fewer than 30 consecutive nights." 53 See, for instance, the Urban Land Institute's report Jumpstarting the Market for ADUs: Lessons Learned from Portland. Seattle. and Vancouver. 54 HB 1337 Section 3(W al. Q REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 28 SEPTEMBER 2023 Packet Pg. 221 8.4.c 3. Provide information on landlord -tenant laws for prospective ADU owners and ADU tenants For many homeowners renting an ADU on their property, this may be the first time they have served as a landlord. As a result, they may not be familiar with relevant local, state, and federal laws that apply to landlords (such as the Fair Housing Act). Conversely, renters also have certain rights and responsibilities under these laws that both landlords and tenants should know. The Washington Residential Landlord -Tenant Act includes the state's key landlord -tenant laws." Some local governments have created landlord -tenant regulations and programs with additional protections for renters, including rental registration and extra notice of rent increases and/or inspections. To inform both landlords and tenants about these requirements, local governments can develop user-friendly summaries of these resources and provide them to ADU applicants during the permit process. Examples • Bellingham: Landlords and Tenants — Includes information on the city's rental housing regulations, rental registration and safety inspection program, and more. • Benton County: Renter's Resources — Includes information on fair housing and tenant rights in Washington. • Burien: Renting in Burien — Includes information on the city's rental housing inspection program, notice of intent to sell, and eviction law in Washington. • Olympia: Tenant Protections — Includes information on the city's rental housing ordinance, FAQs, and more. • Tacoma: Landlord -Tenant Program — Includes information on the city's landlord -tenant program 4. Provide information on ADU financing and funding programs Lack of funding and financing options is often cited as one of the most prevalent challenges for ADU construction.56 Lending institutions that finance ADU projects generally don't allow homeowners to borrow against a portion of the future value of an unbuilt ADU, further constraining the viability of projects. To support homeowners in financing their ADU projects, local governments can: • Identify other funding and financing opportunities for ADUs and make these resources available at the permit center and online. • Develop programs to facilitate access to ADU funding and financing opportunities. RCW 84.36.400, authorizes counties to provide a three-year property tax exemption for improvements to a single-family dwelling, including the construction of an ADU, as long as it represents 30% or less of the value of the original structure. The program was initiated through Chapter 204, Laws of 2020 (2SSB 6231) and stipulates that dwelling units may be either attached to or within the single-family dwelling or a detached unit located on the same real property. In 2023, additional provisions were added in King County.s' 55 More information on state and federal laws may be found on the Washington Office of the Attorney General's Landlord -Tenant page and the U.S. Department of Housing and Urban Development Tenant Rights, Laws and Protections: Washington page. 56 See the UC Berkeley's Terner Center for Housing Innovation's article ADU's for All: Breaking Down Barriers to Racial and Economic Equity in ADU Construction (2022). 57 SB 5045 offers extended property tax exemptions for ADUs in King County if the unit is affordable. w a� E _ a� E a a� 0 0 D 0 a 00 0 0 O Cl) N 0 N 0 g REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 222 8.4.c ADU owners may deduct, for income tax purposes, construction costs over time, annual property taxes, and shared monthly utility costs from rental proceeds, which may help encourage their development. ExampleF • Olympia OlyFed Bank: ADUs Financing — Provides six loan options for ADU construction. See this ADU Loan Options flyer and ADU Financing -presentation for more information. • Spokane Single -Family & Detached ADU Tax Exemption — The City of Spokane highlights the fact that Spokane County provides a tax exemption for ADUs for the three assessment years after the completion of the improvement, to the extent the improvement represents 30% or less of the value of the original structure. 5. Create a program to encourage legalization of unpermitted ADUs A combination of strong demand for new housing and too many barriers have in some Washington communities resulted in unpermitted ADUs. Creating a program to allow legalization of unpermitted ADUs can help promote safe, legal structures and open them up to rental opportunities. Local governments are encouraged to develop programs to promote the legalization of existing housing units, which should be done in a manner that ensures ADUs are safe to inhabit. Examples • Bellingham Municipal Code Sec. 20.10.036 — Allows ADUs existing prior to January 1, 1995, to become legally permitted, as long as ADU owners submit an application that is consistent with current ADU regulations and building codes. • Ferndale Municipal Code Sec. 18.34.060 — Allows owners of ADUs established before June 20, 2017, to submit an application to the city to legally permit the existing unit pursuant to the city's ADU regulations. 6. Provide pre -approved ADU plans After confirming their property is eligible for an ADU, homeowners begin the design process with an architect or designer. Depending on whether the unit is within an existing structure or free standing, the design process can add significant time and expense to a project. To streamline this step, some local governments offer detached ADU plan designs that have been pre -approved for compliance with building codes. ADU applications with pre -approved plans are typically approved in a shorter timeframe and with reduced permit fees since the designs have been vetted by staff. Even though the designs have been pre -approved all other code provisions, like site -specific standards, still apply. Examples • Olympia: Pre -Approved ADU Plans (Guide) (2021) — The cities of Olympia, Lacey, and Tumwater worked together to offer four plans that have been pre -approved for compliance with building codes. Leavenworth: ADU Plans — Offers four pre -approved designs. Each option includes two different styles — modern and traditional. Renton: Permit Ready ADU Program — Includes eight pre -approved, designed, and engineered model base plans, ranging in size from 415 to 1,000 square feet and varying in architectural style. Seattle: Pre -approved Detached ADUs Program — Offers 10 pre -approved plans for detached ADUs, including factory -assembled structures that have been approved by the Washington Department of Labor and Industries. w a� E _ a� E a a� 0 U 0 a co 0 0 0 Cn N 0 N 0 a REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 223 8.4.c Cedar Cottage Seattle ADU Pre -Approved Plan (above and below). Credit: CAST architecture. fTANDNO Noon M*AE ooNam jCT4k OK"AR&MIME GWAT ROOM C[NTNAL Vt O _ CMMATION NPBTFP FNTwr IM: Tic U M"I OPl IT COVE"M PATM) t FNT WV iN WTPt MMOAK r PAVINO Appendix A: Additional examples and resources 1. Allow two ADUs per lot • Bremerton Municipal Code Ch. 20.46 - Allows up to two ADUs per lot (see Sec. 20.46.010). • Kirkland Municipal Code Sec. 115.07 - Allows up to two ADUs (either attached or detached). • Fife Municipal Code Ch. 19.80 - Allows both one attached and one detached ADU on larger city lots. "For lots between 3,200 and 4,356 square feet, only attached ADUs are permitted. For lots larger than 4,356 square feet both attached and detached ADUs are permitted, provided the extra lot area required in the applicable zone is met." • Lake Forest Park Municipal Code Ch. 18.50 - For lots exceeding one acre, one attached and one detached ADU are permitted (see Sec. 18.50.050). REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 224 8.4.c 2. Do not require owner occupancy • Seattle Release of Owner Occupancy Covenant for ADUs Forms (Word document) - This form for recording with the King County Recorder's Office releases property from the covenant for owner occupancy entered into as a condition of applying for an ADU permit, as owner occupancy is no longer required by Seattle's Land Use Code per Ordinance No. 125854 (2019). 3. Do not require off-street parking for ADUs • Bainbridge Island Municipal Code Ch. 18.09 - Allows garage conversions for ADUs. • Bellevue Ordinance 6589 - Adopted in 2021 prohibiting requirements for off-street parking for ADUs within one -quarter mile of a major transit stop. For additional background information, see Bellevue's page on Reduced Minimum Residential Parking Standards. • Bremerton Municipal Code Sec. 20.46.010 - One ADU is not required to provide an additional off-street parking space. The second ADU is required, however, to provide an off-street parking space in addition to that which is required for the principal unit. • Spokane Municipal Code Sec. 17C.300.130 - No additional parking is required for studio and one - bedroom ADUs and ADUs within one -quarter mile of certain transit stops. Spokane allows garage conversion for ADUs. • Olympia Municipal Code Sec. 18.38.100 - Doesn't require parking spaces for ADUs (see table 38.01, "Residential" section). • Tacoma Municipal Code Sec. 13.06.080 - No off-street parking is required for ADUs. • University Place Municipal Code Sec. 19.70.010 - No additional off-street parking is required for ADUs. • Vancouver Municipal Code Ch. 20.810 - Doesn't require additional on -site parking in conjunction with the establishment of an ADU. The city allows conversion of an existing garage structure or other outbuilding to be converted to an ADU; however, off-street parking for the primary residence is required to be provided elsewhere on the site. • Seattle Municipal Code Sec. 23.44.041 - Off-street parking is not required for ADUs, except that an existing required parking space may not be eliminated to accommodate an ADU unless it is replaced elsewhere on the lot. 4. Reduce barriers from setbacks and other ADU regulations Reduce setbacks for ADUs (especially rear setbacks) • Brier Municipal Code Sec. 17.24.010 - ADUs must conform to standard setback regulations, though the rear yard setback requirement is reduced to seven feet for ADUs. • Kirkland Municipal Code Sec. 115.115 - Required setbacks are the same as the underlying zone. detached ADUs may be located within five feet of an alley. Detached ADUs without alley access may be located no closer than five feet from the rear property line as long as the portion of the detached ADU in the reduced setback is no taller than 15 feet. • Sequim Municipal Code Sec. 18.66.050 - Exempts existing legally created on -site accessory structures - such as garages - that have been converted to ADUs from complying with setback standards. • Tacoma Municipal Code Sec. 13.06.080 - No setbacks from alleys are required. Reduce minimum lot sizes for ADUs (especially on small urban lots) • La Conner Municipal Code Sec. 15.110.080 - ADUs are allowed on lots that are under 5,000 square feet. • Medina Municipal Code Sec. 16.34.020 - ADUs are excluded from minimum lot area requirements. • Tacoma Municipal Code Sec. 13.06.080 - ADUs are allowed on any legally established lot, regardless of lot size or width. w E _ a� E a a� 0 U ❑ a co 0 0 0 M N 0 N g REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 225 8.4.c Increase height maximums for ADUs La Center Municipal Code Sec. 18.247.050 - ADUs are limited in height to 25 feet or the primary dwelling's height, whichever is lower. Mukilteo Municipal Code Sec. 17.30.060 - ADUs may be two stories high and must comply with maximum building heights for the underlying zoning district; Detached ADUs cannot be taller than the primary unit, except that there is a maximum height of one-story if the detached ADU is located above a garage or similar structure. Pacific Municipal Code Sec. 20.92.060 - ADUs may be up to 25 feet high. 5. Increase maximum size limits for ADUs appropriate to zone and context • Black Diamond Municipal Code Sec. 18.56.030 - Detached ADUs are limited to 1,000 square feet. • Bremerton Municipal Code Sec. 20.46.010 - Limits ADUs to 1,000 square feet or no more than 60% percent of the principal unit's total habitable floor area, whichever is greater. Attached ADUs in residences built prior to 2020 may receive director's approval to increase ADU floor area to equal that of the principal dwelling. • Burien Municipal Code Sec. 19.17.070 - Internal or attached ADUs are limited to 1,000 square feet. The planning director may make exceptions to size limitations to allow for the better utilization of existing spaces. • Leavenworth Municipal Code Sec. 18.36.035 - The total habitable floor area of any ADU is limited to 1,200 square feet. • Kirkland Municipal Code Sec. 115.07 - ADUs are limited to 1,200 square feet. • Roslyn Municipal Code Sec. 18.140.030 - ADUs are limited to 1,000 square feet. • Yakima Municipal Code Sec. 15.09.045 - The ADU's floor area is limited to 1,000 square feet. 6. Limit use of design standards • Bothell Municipal Code Sec. 12.14.135 - Attached ADU entrances are permitted on the front of the primary residence under certain conditions. • Bremerton Municipal Code Sec. 20.46.010 - The city has developed a user-friendly ADU Guide (2021) that summarizes design regulations with visual examples. • Fife Municipal Code Sec. 19.80.040 - Recommended approaches to promote privacy for adjacent properties are included in subsection 19.80.040(A)(6). 7. Remove, reduce or waive permit application fees, impact fees, system development charges, and other ADU-related fees Utility connection fees/system development charges • Chelan Municipal Code Sec. 13.33.020 - Offers utility rate reductions for ADUs. La Center Municipal Code Sec. 18.247.050 - ADUs may share sewer and water connections with the primary dwelling. System development charges are imposed at a reduced rate compared to a single- family home (Sec. 18.247.080). Yakima County Code Sec. 19.18.020 - The ADU and the primary dwelling unit will share a single sewer and water connection, unless the local sewer and/or water purveyor requires separate connections. Impact fees • Bellingham Permit Fees - This webpage offers information establishing that: • ADUs are assessed at half the multi -family rate for park impact fees. • For transportation impact fees, the person trip rate is less than duplexes and townhouses. • School impact fees are waived for ADUs. a REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 33 Packet Pg. 226 8.4.c • Bellingham Ordinance No. 2018-11-022 - Establishes impact fee reductions related to the city's 2018 ADU code update. • Kirkland Accessory Dwelling Units - Exempts transportation, park, and school impact fees for ADUs in accordance with city code (KMC 27.04.050, KMC 27.06.050, KMC 27.08.050). These fees are assessed on the primary single-family residence only. • Renton 2023-2024 Fee Schedule - Impact and permit fees are waived for ADUs. Stormwater system development charges are reduced by 50% for ADUs. • Tukwila Fee Schedule - Exempts attached ADUs from impact fees (see Figure 16-1 "Fee Schedule"). Everett 2023 Impact Fees Schedule - Waives traffic and school impact fees for ADUs. • Olympia Municipal Code Ch. 15.08 - Waives school impact fees and reduces transportation and park impact fees for ADUs. • Renton 2019-2020 Fee Schedule (Section XII) - Provides impact fee reductions and waivers for ADUs. ADU permit application fees • Port Angeles Temporary Building Permit Fee Waiver Form (2022) - A temporary building permit fee waiver is available for construction of housing reserved for families with 80% AMI or below through September 2028; ADUs are included as an acceptable dwelling type for this waiver. 8. Allow prefabricated ADUs Code examples • Richland Municipal Code Sec. 23.42.020 - Allows accessory apartment units that are manufactured off site. Langley Municipal Code Sec. 18.22.115(C) - While not addressing prefabricated housing, "tiny homes" are allowed to be used as ADUs, if they can meet the International Residential Code (IRC) and other specified local standards. Otherresources • Olympia Manufactured Homes (Handout) (2017) - Manufactured homes are allowed to be used as ADUs, particularly to promote affordable housing. Seattle ADUniverse: • The ABCs of ADUs - Mentions factory -built ADUs in the Construction section. • Pre -approved Detached ADUs - References factory -assembled structures in the L&I-approved detached ADUs section. The pre -approved plans include the Urban Cottage Prefab and WOOD Studio design. • Seattle: Guide to Building a Backyard Cottage (2010) - See page 19. • Seattle Tip Sheet 305: Factory -Assembled Structures for Residential and Commercial Use (2023) - Includes a comparison of the three types of factory -assembled structures, local requirements, and fees. • Insider: A new collection of minimalist tiny homes from $37,500 is available in the US for the first time (2023) - Article about affordable tiny homes from Latvia -based firm, MyCabin. • Congress for the New Urbanism: Novel idea - Modular house that's cute (2023) - Article describing a well -designed modular house that received an Urban Guild Award. • HUD Office of Policy Development (PD&R): Factory -Built Accessory Dwelling Units for Affordable Housing Options (2020) - Highlights communities that support factory -built ADU designs. 9. Streamline ADU permitting processes Code examples • Olympia Municipal Code Sec. 18.72.080 - Approves ADUs administratively. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 227 8.4.c • Pacific Municipal Code Sec. 20.92.057 - Single, straightforward application requirements for ADU development. • Sequim Municipal Code Sec. 18.66.040 - Approves ADUs administratively. • Other resources • Bellevue: ADU Registration - This webpage notes that ADU registration, a floor plan, and site sketch/site plan are the minimum necessary to proceed with the ADU application process. • Camas: ADU Application Form - Two -page application form that includes applicable development standards and design guidelines. • Lake Stevens: ADU Compliance Checklist - This checklist provides a detailed overview of the permitting process. • MRSC: Streamlining Local Permit Review Procedures - This webpage provides examples of streamlined permit review processes. • Seattle: Construction Permit - Addition or Alteration - This webpage provides that to add within an existing house, a construction addition/alteration permit is needed; to build a detached unit, a construction addition/alteration permit is needed. • Vancouver Municipal Code Sec. 20.920.060(H) - Expedites permit review for infill development. 10.Offer incentives to encourage ADUs that are affordable to lower -income households • Bellingham Housing Development: Guideline and Procedure Handbook (2019) - Housing Levy funds are available to support purchases of homes with ADUs. • Block Project - Nonprofit with a mission to construct and find homeowners in Seattle willing to host an affordable ADU on their residential properties. • Habitat for Humanity (Seattle -King & Kittitas Counties) - South Park Project - This award -winning Habitat for Humanity project, funded in part through Seattle Housing Levy funds, includes ADUs. • Fannie Mae: HomeReady Accessory Unit Income and Boarder Income Flexibilities (2022) - Expands access to creditworthy low-income borrowers. Community land trust (CLT) examples • National League of Cities: How One Colorado Community Land Trust Is Preserving Homeownership and Affordability (2021) - Elevation Community Land Trust operates in partnership with a Denver Housing Authority initiative to support homeowners and prevent displacement. Their approach includes building ADUs to create more living space for family members or a new source of income. • T.R.U.S.T. South LA (& four other California CLTs): Increasing Community Power and Health through Community Land Trusts (2020) - The Community Land Trust Association of West Marin, in collaboration with the Housing Authority of Marin County, offers zero -interest loans, permit fee waivers, and other benefits for homeowners to create ADUs for use as affordable rental units. • Shelterforce: Affordable ADUs: How It's Being Done - Explores pilot programs and other strategies for financing ADUs for low- and moderate -income homeowners. Appendix B. Relevant G M H B cases for counties Futerwise v. Snohomish County, Case 22-3-003, Final Decision and Order. The Board found that the county failed to protect agricultural lands of long-term commercial significance, in violation of RCW 36.70A.177, and was inconsistent with multi -county and countywide planning policies, in violation of RCW 36.70A.210. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 228 8.4.c • Loon Lake Property Owners Association, et al V. Stevens County, Case No. 01-1-0002c, Compliance Order (May 30, 2008) — Allowing an ADU on all parcels —including substandard lots-- can considerably increase density in rural areas; regulations should contain specific criteria to curtail indiscriminate increased density. • Friends of San Juans, et al v. San Juan County, Case No. 3-2-0003c coordinated with Nelson, et al v. San Juan County, Case No. 06-2-0024c, FDO/Compliance Order (Feb. 12, 2007) — Regulations allowing a detached ADU on substandard rural lots allowed residential use to predominate over rural uses and were therefore noncompliant. E Kittitas County Conservation, et al v. Kittitas County, Case No. 07-1-0015, Final Decision Order (Mar. 21, a� 2008) — County ADU regulations must contain density provisions to preserve rural character —failure to a do so would result in "urban -like" density in rural areas. • Peninsula Neighborhood Association v. Pierce County, Case No. 95-3-0071, Final Decision and Order c0 (Mar. 20, 1996) — Local governments are required to include ADU provisions in their development o regulations, but those regulations must be consistent with the GMA requirement that local a governments reduce sprawl in rural areas. o • Yanisch v. Lewis County, Case No. 02-2-0007c, Order on Compliance Hearing (Mar. 12, 2004) — County M definition of "rural character" must comply with GMA; subdivision or sale of ADU to family member may c not be approved if doing so creates lots of less than five acres. 0 a Appendix C. Resources for programmatic elements 1. Address the use of ADUs as short-term rentals • La Conner Municipal Code Sec. 15.110.080 — ADUs may not be used as short-term rentals. • Langley Municipal Code Sec. 5.40.030 — A maximum of 50 ADUs can be used as short-term rentals in Langley. • Marysville Municipal Code Sec. 22C.180.030 — ADUs aren't permitted as short-term rentals. • Roslyn Municipal Code Sec. 18.140.030 — ADUs may be rented for a minimum of 60 days. • Tukwila Municipal Code Sec. 18.50.220 — Doesn't allow ADUs to be rented for periods of less than 30 days. 2. Provide user-friendly communication materials • Bellingham: Homeowner's Handbook to Building an ADU — This handbook, developed by the Whatcom Housing Alliance and the City of Bellingham, includes ADU basics and information on permitting, design, construction, and costs. • Jefferson County: The ABCs and 123s of ADUs (2022) — This guide, developed by the Housing Solutions Network, includes information for homeowners considering ADU development, particularly for affordable housing. • Lynnwood ADU Guide — One -page guide with an overview of the city's ADU requirements, including those related to size, design, and setbacks. • Poulsbo Accessory Dwelling Units — This webpage includes ADU basics, benefits of an ADU, code requirements, permitting process, handouts, and flow charts. • Redmond ADU (Handouty(2019) — This one -pager includes an overview of the city's ADU requirements and permit process. • San Juan County Detached ADU Permit Application Checklist (2018) — One -page overview of all permit application requirements. • Seattle: A Guide to Building a Backyard Cottage (2010) Spokane Accessory Dwelling Unit Current Allowances (2022) — Includes quick facts. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 36 SEPTEMBER 2023 Packet Pg. 229 8.4.c Tacoma ADU Tip Sheet (2022) - Includes development standards, permit requirements, submittal and review process, and more. Tacoma Accessory Dwelling Units Design Guide (2022) - A handbook for building ADUs. Toronto, Canada • Changing Lanes - Laneway Suites in the City of Toronto - Provides requirements, reports, and other information for laneway suites (i.e., detached ADUs abutting a public laneway). • Garden Suites - Offers rules and regulations, key considerations, and other information for garden suites (i.e., detached ADUs that do not about a laneway). • YouTube - City of Toronto Garden Suites Draft Rules - Video discussing the city's draft rules for garden suites. • Vancouver ADU Fact Sheet (2022) -Includes FAQs. 3. Provide information on landlord -tenant laws for prospective ADU owners and ADU tenants • A Regional Coalition for Housing (ARCH): Renting Out An ADU - Information on finding tenants, rental agreements, landlord -tenant relationship, and more in East King County. • Bellevue: Residential Rental Regulations - Contains general guidelines for ADU rental terms. • Kenmore Ordinance No. 22-0545 (2022) - Adopts tenant protections increasing notice for rent increases, capping late fees, capping move in fees and deposits, and more. The ordinance notes that "dwelling unit" has the same meaning as the state's Residential Landlord -Tenant Act (RCW 59.18.030), which defines it as "...a structure of that part of a structure which is used as a home, residence, or sleeping place by one or two or more persons maintaining a common household..." • Kirkland: Tenant Protections - Includes new tenant protections related to notice of rent increases, maximum security deposit, and enforcement. • Redmond: Living in Redmond - Includes information on the city's new tenant protections. 4. Provide information on ADU financing and funding programs • Fannie Mae: HomeReady Accessory Unit Income and Boarder Income Flexibilities (2022) - Expands access to creditworthy low-income borrowers. • Freddie Mac: Accessory Dwelling Unit (ADU) FAQ - Includes common questions about Freddie Mac's ADU loan terms. • UC Berkeley's Terner Center for Housing Innovation & USC's Lusk Center for Real Estate: ADU Construction Financina (2022) - Includes product examples and considerations. • A Regional Coalition for Housing (ARCH): ADU Lending Assistance - Includes information about both private and public financial requirements and assistance. • Local Investing Opportunities Network (LION) - Provides loans for ADU development in Jefferson County. 5. Provide information on ADU condominium conversions Bellevue ADU Reform Land Use Code Amendment (LUCA) - The city is updating its code to remove barriers for the construction of attached ADUs, including removing the prohibition on condominium conversion. 7. Create a program to encourage legalization of unpermitted ADUs Code examples • Burien Municipal Code Sec. 19.17.070 - ADUs without city approval may be legalized if the owner applies for the applicable permits. a� E a� E Q a� 0 t� 0 a 00 0 0 0 A N 0 N 0 a REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 230 8.4.c • Enumclaw Municipal Code Sec. 19.34.240 - Allows ADUs that existed as of November 1, 2001, to be legally established with an application, inspection, and affidavit. Permit application fees were waived within the first year of the relevant ordinance being in effect. • Kirkland Municipal Code Sec. 115.07 — An ADU inspection is required for issuance of an ADU permit if it was built without a final building permit. • Langley Municipal Code Sec. 18.22.115 — An ADU that existed as of January 22, 2019, may be legally established and may continue to be used as an ADU with an application, inspection, and affidavit. • Mukilteo Municipal Code Sec. 17.30.040 — ADUs built without proper permitting may become legal if the owners submit an application and fulfill parking and owner occupancy requirements, among others. • Newcastle Municipal Code Sec. 18.31.050 — ADUs may become legal following an application and inspection process. • Roslyn Municipal Code Sec. 18.140.030 — If an ADU was created without a building permit, the city requires a building inspection to determine if the structure is sound, will not pose a hazard to people or property, and complies with the ADU requirements and building code. Other resources • Casita Coalition: Legalizing an Unpermitted ADU (2022) — Provides guidelines for homeowners to legalize existing ADUs. • Seattle: Construction Permit — Establishing Use — This webpage provides that to legalize an existing unit, a construction permit is needed to establish use: additionally, there could be a need to apply for electrical service changes or new services from Seattle City Light. Seattle Department of Construction and Inspections • Tip 217 - How to Legalize a Use Not Established by Permit (2022) — Includes the rationale for applying for a permit to establish a use and how to document a use for the record. • Tip 606 - Illegal Dwelling Units (2022) — Defines illegal dwelling units and the process to legalize or remove them. 8. Provide pre -approved ADU plans • Lacey Accessory Dwelling Units — Four pre -approved detached ADU plans are available. • Raleigh, INC: ADU Fast Track Gallery-- Provides ADU plans at a lower cost than typical design processes. Appendix D: Other ADU information and resources Definitions RCW 36.70A.696 — Provides statutory definitions. Seattle Office of Planning & Community Development: Encouraging Backyard Cottages — This webpage includes definitions for detached and attached ADUs. • Vancouver Municipal Code Ch. 20.810 — See Sec. 20.810.020 for ADU definition. Adopting ordinances Bremerton Ordinance No. 5410 (2020) — Amends section 20.46.010, in response to HB 1923 (2020). Bremerton Ordinance No. 5416 (2021) — Adopts amendments to the city's ADU regulations, including increasing minimum size, removing parking requirements, removing owner occupancy requirements, and changing design standards. Langley Ordinance No. 1051 (2019) — Amends several sections of the Langley Municipal Code, including section 18.22.155, to encourage housing options and increase housing affordability. w a� _ a� E a a� 0 U 0 a co 0 0 0 Cl) N O N 0 a REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 is Packet Pg. 231 8.4.c • Seattle Ordinance (2019) — Amends multiple sections of the Seattle Municipal Code to remove barriers for attached and detached ADUs and add a floor area ratio requirement in certain single-family zones. Spokane Ordinance No. C36225 (2022)— Amends multiple sections of the Spokane Municipal Code to increase flexibility for ADUs. Changes to the ADU regulations were a Washington State Department of Commerce grant deliverable. Tacoma Ordinance No. 28576 (2019) — Amends multiple sections of the Tacoma Municipal Code to allow detached ADUs in single-family zones, simplify regulatory requirements, reduce regulatory barriers, and increase flexibility in building design, size and location. See also the pre -amble to early versions of HB 1337, which provides a number of finding support ADU ordinances. Code reform processes • Bellevue ADU Code Reform — The city's land use code amendment will remove barriers and encourage the construction of attached ADUs. • Everett ADU Amendments — Includes project documents for process to simplify ADU regulations. • Policies in housing and comprehensive plans • Burien Comprehensive Plan: Chapter 2 - Plan Policies (2022) — See the housing element (2.4) goals specifically focused on ADUs: Pol. HS 1.3, Pol. HS 1.10 and Pol. HS 1.11. • Everett Housing Action Plan (2021) — ADUs are noted as a key strategy to increase housing variety. See section related to ADUs: "Increasing Housing Variety" Recommendation 1.1. • Kent Housing Options Plan (2021) — See information related to ADUs in page 71 (Table 5.3) and pages 146148. • Langley Comprehensive Plan (2018) — See land use (LU), housing (H), and utilities and capital facilities (UCF) goals and policies related to ADUs: LU-4.8, H-1.1, H-4.1, H-4.4, and UCF-1.3. • Olympia Housing Action Plan (2021) — ADUs are a key implementation strategy for increasing the variety of housing choices (see Chapter 2: Strategy 4). • Seattle 2035 Comprehensive Plan (2020) — See the policies related to ADUs: Land Use (LU) policy LU 7.5, Greenwood/Phinney Ridge (G/PR) housing policy G/PR-P11, Queen Anne (QA) policy QA-P13, Wallingford (W) housing policy W-P14, and Westwood Highland Park (W/HP) housing policy W/HP-P21. • Spokane Comprehensive Plan - Housing Chapter (2017) — See H 1.19 (Senior Housing), H 1.20 (ADUs). Regional and national reports and websites • accessorydwellings.org — A one -stop source about ADUs, multigenerational homes, laneway houses, ADUs, granny flats, and in-law units. • American Association of Retired Persons (AARP): All About Accessory Dwelling Units — Free publications, and more, about how ADUs expand housing options for people of all ages. • American Planning Association (APA): Accessory Dwelling Units — Webpage with reports, briefing papers, articles, case studies, videos, and more. • A Regional Coalition for Housing (ARCH): Accessory Dwelling Unit — A comprehensive, user-friendly website from an affordable housing partnership organization focused on serving East King County. • MRSC: Accessory Dwelling Units — Webpage that provides a good summary about ADUs. • Puget Sound Regional Council Housing Innovations Program: Accessory Dwelling Units (2020) — Guide that includes an overview of ADUs in the Puget Sound region, along with model policies and regulations. • Shelterforce: ADUs - Laws and Uses, Do's and Don'ts — Summary of some key debates pertaining to ADU rentals. • University of Toronto: "The Citizen Developer" video (YouTube -- Short video discussing the benefits of small-scale housing. w a� _ a� E a a� 0 U D ❑ a co 0 0 0 Cn N O N a REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 7CH Packet Pg. 232 8.4.c REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 40 SEPTEMBER 2023 Packet Pg. 233 WA Ti The ABA � ADUs A guide to Accessory Dwelling Unit and how they expand housing options for people of all ages DETACHED ADU GARAGE -CONVERSION ADU AARP.org/ADUs BASEMENT ADU �n ATTACHED ADU SECOND -STORY ADU Q Packet Pg. 234 8.4.d 1 VA Websites: AARP.org and AARP.org/Livable Email: Livable@AARP.org Facebook: /AARPLivableCommunities Twitter: @AARPLivable Free Newsletter: AARP.org/LivableSubscribe I* Orange Splot LLC Website: OrangeSplot.net Email: eli@OrangeSplot.net AARP is the nation's largest nonprofit, nonpartisan organization dedicated to empowering people 50 or older to choose how they live as they age. With nearly 38 million members and offices in every state, the District of Columbia, Puerto Rico and the U.S. Virgin Islands, AARP strengthens communities and advocates for what matters most to families: health security, financial stability and personal fulfillment. The AARP Livable Communities initiative works nationwide to support the efforts by neighborhoods, towns, cities, counties, rural areas and entire states to be livable for people of all ages. Orange Splot LLC is a development, general contracting and consulting company with a mission to pioneer new models of community -oriented, affordable green housing developments. Orange Splot projects have been featured in the New York Times, Sunset magazine and on NBC's Today show. (The detached ADUs on page 3 and the back cover are by Orange Splot.) Company founder Eli Spevak has managed the financing and construction of more than 300 units of affordable housing, was awarded a Loeb Fellowship by the Harvard University Graduate School of Design, cofounded the website AccessoryDwellings.org and serves as chair of Portland, Oregon's Planning and Sustainability Commission. AARP and Accessory Dwelling Units Visit AARP.org/ADU to order or download our free publications and find more resources about ADUs. -JRP The ABCs of ADUs A guide to Accessory Dwelling Units and how they expand housing options for people of all ages -1� AARP.org/ADUs 7ACCESSORY DWELLING UNITS Model State Act and Local Ordinance ■� ■• F I�I11 •® ■• ® AARP's ADU Publications (from left): This introductory guide; guidance about creating an ADU model state act or local ordinance; a detailed guide to design and development. Copyright ©AARP 2021, 2nd edition (lstedition published in 2019) 1 AARPisa registered trademark. I All rights reserved. No part of this publication may be reproduced in any form or by any means without the prior written permission of AARP, except brief quotations in connection with reviews written specifically for inclusion in magazines, newspapers or websites, or limited excerpts strictly for personal use. Packet Pg. 235 8.4.d Welcome! Come On In Accessory dwelling units are a needed housing option for people of all ages We know from surveys by AARP and others that a majority of Americans prefer to live in walkable neighborhoods that offer a mix of housing and transportation options and are close to jobs, schools, shopping, entertainment and parks. These preferences — coupled with the rapid aging of the United States' population overall, the decrease in households with children and the national housing shortage — will continue to boost the demand for smaller homes and affordable, quality rental housing. As small houses or apartments that exist on the same property lot as a single-family residence, accessory dwelling units — or ADUs — play a major role in serving a national housing need. This traditional home type is reemerging as an affordable and flexible housing option that meets the needs of older adults and young families alike. In fact, in the 2021 AARP Home and Community Preferences Survey, adults age 18 or older who would consider creating an ADU said they'd do so in order to: • provide a home for a loved one in need of care (86%) • provide housing for relatives or friends (86%) • have a space for guests (82%) • create a place for a caregiver to stay (74%) • increase the value of their home (69%) • feel safer by having someone living nearby (67%) • earn extra income from renting to a tenant (63%) Since ADUs make use of the existing infrastructure and housing stock, they're also environmentally friendly and respectful of a neighborhood's pace and style. An increasing number of towns, cities, counties and entire states have been adapting their zoning or housing laws to make it easier for homeowners to create ADUs. ■ A Accessory dwelling units (or ADUs) come in many shapes and styles. The ABCs of ADUs is a primer for elected officials, policymakers, local leaders, homeowners, consumers and others to learn what accessory dwelling units are and how and why they are built. The guide also suggests best practices for how towns, cities, counties and states can support the creation of ADUs as a way to expand and diversify housing options. The ABCs of ADUs I A A RP 1 Packet Pg. 236 8.4.d What ADUs Are — And What They Can Do ADUs are a family -friendly, community -creating type of housing the nation needs more of Although many people have never heard the term, accessory dwelling units have been around for centuries (see page 6) and are identified by many different names. To be clear about what's being discussed: • An ADU is a small residence that shares a single-family lot with a larger, primary dwelling • As an independent living space, an ADU is self-contained, with its own kitchen or kitchenette, bathroom and sleeping area • An ADU can be located within, attached to or detached from the main residence • An ADU can be converted from an existing structure (such as a garage) or built anew • ADUs are found in cities, in suburbs and in rural areas, yet are often invisible from view because they're positioned behind or are tucked within a larger home • Because ADUs are built on single-family lots as a secondary dwelling, they typically cannot be partitioned off to be sold separately • An ADU can enable family members (including family caregivers) to reside on the same property while having their own living spaces • An ADU can provide housing for a hired caregiver • An ADU can provide rental income to homeowners • ADUs are a practical option for tenants seeking small, affordably priced rental housing • For homeowners looking to downsize, an ADU can be a more appealing option than moving into an apartment or, if they're older, an age -restricted community • ADUs can help older residents remain independent and "age in place" • As an adaptable form of housing, ADUs provide flexible solutions for changing needs. ■ ADUs Are Also Known As ... Although most local governments, zoning codes and planners in the United States use the term accessory dwelling unit or ADU, these small homes and apartments are known by dozens of other names. The different terms conjure up different images. (Who wouldn't rather live in a "carriage house" than in an accessory or "ancillary" unit?) a� Even if you've never heard of accessory dwelling units Sivu , or ADUs, you have likely . heard of — and perhaps --- �ni know the locations of — !.=� some of the home types noted in the list at right. ■ A Renting out this 350-square-foot garage -conversion ADU in Portland, Oregon, helps the property owner, who lives in the lot's primary residence, pay her home mortgage. 1 Accessory dwelling units show up in neighborhoods throughout the country — and even in pop culture. One example: In the sitcom Happy Days, Fonzie (right) rents an above -garage ADU from the Cunningham family in 1950s-era Milwaukee, Wisconsin. • accessory apartment • backyard bungalow • basement apartment • casita • carriage house • coach house • English basement • garage apartment • granny flat • guest cottage • guest house • in-law suite • laneway house • multi -generational house • ohana unit • secondary dwelling unit 2 A A RIP I The ABCs of ADUs Packet Pg. 237 8.4.d ADUs Come in Many Shapes and Styles Since ADUs are custom designed and created, they're able to fit discreetly into all sorts of locations, including suburban subdivisions, walkable towns, urban neighborhoods — and, of course, large lots and rural regions. A An ATTACHED ADU connects to an existing house, typically through the construction of an addition along the home's side or rear. Such units can have a separate or shared entrance. In this example, the owners built a connection between the house and what was a detached garage. The addition and the space above the garage contain the ADU, which has its own entrance (pictured at right). Location: Anne Arundel County, Maryland Photo by Melissa Stanton, AARP ► Access to an UPPER -LEVEL ADU can be provided through a stairway inside the main home or directly from an exterior staircase. This 500-square-foot ADU is part of a 1,900-square-foot primary dwelling. Location: Portland, Oregon Photo by Eli Spevak, Orange Splot LLC A DETACHED ADU (aka DADU) is a stand-alone home on the same lot as a larger, primary dwelling. Examples include backyard bungalows and converted outbuildings. Location: Portland, Oregon Photo by David Todd A A GARAGE ADU converts all or part of an attached or detached garage into a residence. Other options: adding an ADU above a garage or building a new unit for both people and cars. Location: Cape May, New Jersey Photo by Melissa Stanton, AARP A A LOWER -LEVEL ADU is typically created through the conversion of a home's existing basement (provided that height and safety conditions can be met) during construction of the house or (above and on page 7) as part of a foundation replacement and house lift. Location: Portland, Oregon I Photo by Chris Nascimento The ABCs of ADUs I A A RID 3 Packet Pg. 238 8.4.d ADUs Are Good for People and Places Communities that understand the benefits of ADUs allow homeowners to create them ADUs are an economical housing option • ADUs can generate rental income to help homeowners cover mortgage payments or simply make ends meet. The income provided by an ADU tenant can be especially important for older people on fixed incomes. • Since the land on which an ADU is built already belongs to the homeowner, the expense to build a secondary residence is for the new structure only. • Many ADUs are created for family members or friends to reside in for free or at a discounted rate. In fact, when a loved one is in need of care or can't live alone, an ADU can be a viable alternative to a costly assisted -living facility. • Although market rate rents for ADUs tend to be slightly more than for similarly sized apartments, they often represent the only affordable rental choices in single-family neighborhoods, which typically contain few or no small or rental housing options at all. • The state of California and some municipalities are boosting ADUs by providing grants and other incentives as part of affordable housing and anti -displacement strategies to help lower -income households build ADUs or reside in them at reliable rents. ADUs are community - compatible • ADUs offer a way to include smaller, relatively affordable homes in established neighborhoods with minimal visual impact and without adding to an area's sprawl. • ADUs provide a more dispersed and incremental way of adding homes to a community than other options, such as multistory apartment buildings. • ADUs are typically managed by homeowners who live on the premises. Such landlords are less likely to tolerate a destructive tenant. ADUs are good for the environment • ADUs require fewer resources to build and maintain than full-sized homes. • ADUs use significantly less energy for heating and cooling. (Of all the ADU types, internal ones tend to have the lowest building and operating costs.) ADUs are just the right size • Generally measuring between 600 and 1,000 square feet, ADUs work well for the one - and two -bedroom homes needed by today's smaller, childless households, which now account for nearly two- thirds of all households in the United States. ADUs are able to house people of all ages • ADUs offer young people entry-level housing choices • ADUs enable families to expand beyond their primary home. • ADUs provide empty nesters and others with the option of moving into a smaller space while renting out their larger house or letting an adult child and his or her family reside in it. • An ADU's use can be adapted for different household types, income levels, employment situations and stages of life. ■ Big houses are being built, small houses are needed Do we really need more than three times as much living space per person as we did in 1950? Can we afford to buy or rent, heat, cool and care for such large homes? FACT. ADUs house more people per square foot of living area than single-family homes do. 4 A A RID I The ABCs of ADUs Packet Pg. 239 8.4.d HOME VISIT #1 Attached ADU Addition Santa Cruz, California Size: 500 square feet A The area with the darker roof shingles is the ADU that was added onto the home of Carrie and Sterling Whitley. V The Whitleys' ADU (that's Carrie showing off the front yard's new paths and plantings) has its own entrance on the side of the home and is being rented to the couple's daughter so she can help her elderly parents when needed. When Carrie and Sterling Whitley bought their house in 1971, they paid less than $15,000. Nearly 50 years later, similar homes on their street have sold for more than $1 million. THE PROBLEM: The Whitleys, who are in their 80s, own the house outright and don't want to move. But the financial and physical demands involved in maintaining the house are a challenge. A SOLUTION: To help low-income homeowners age 62 or older live independently and keep their homes, the Monterey Bay affiliate of Habitat for Humanity and the City of Santa Cruz launched My House My Home: A Partnership for Aging -in -Place. The pilot program builds accessory dwelling units so older homeowners can downsize into a new, aging -friendlier home and earn rental income from their original house. Or such homeowners can remain in their house and rent out the new, smaller residence. Participating homeowners are required to charge an affordable rental rate. REALITY CHECK: When the Whitleys' project broke ground in April 2017, they were the first homeowners to receive an ADU through the program, which worked with them to design the ADU as an addition to their existing home. Since the dwelling was built with accessibility features, Carrie and Sterling know they can downsize into it if they ever need to. Until then, their daughter, Brenda, resides in the addition. REAL LIFE: "I'm right next door to my parents in case they need me or need any help," Brenda says. Design: Historic Sheds I Builder. Historic Sheds I Cost to build. $758,000 in 2077 (not including volunteer labor) I Photos by Michael Daniel I Article adapted from Where We Live: Communities for All Ages (HARP 2078) The ABCs of ADUs , A A RP 5 Packet Pg. 240 8.4.d ADUs Are an American Tradition While today's interest in ADUs may be new, the housing type is centuries old Early settlers often built a small home to live in while constructing their larger, primary house nearby. When farming was a source of survival for most of the nation's households, families routinely constructed additional homes on their land when needed. People with wealth and acreage regularly populated their lands with secondary mansions and ancillary buildings independent of the main estate house. In fact, until the 20th century, people who owned land built as many homes as they wished, often for extended family or workers. There were few or no zoning rules, municipal services or infrastructure needs (utilities, roads, schools, trash collection, first -responders) to consider. A historic precedent for the modern day accessory dwelling unit is the "carriage house," or "coach house." Originally built for horse-drawn carriages, the structures associated with grander homes were frequently large enough to double as living quarters for workers such as stable hands. Decades later, in response to housing shortages and economic needs, many surviving carriage houses were V This carriage house containing a one -bedroom, one -bath ADU above a two -car garage sits behind a six -level, Gilded Age, Hoboken, New Jersey, townhome that was built in 1883. The dual residence property was on the market in 2018 for $5 million. converted into rental homes. By becoming landlords, the owners gained income from their often unused outbuildings. Automobile garages have a similar history. Some were originally built with a housing unit upstairs. Over time, many garages were converted (often illegally or under zoning codes no longer applicable today) into small homes when the spaces became more valuable for housing people than vehicles. With the rise of suburban single-family home developments following World War II, ADUs practically ceased to be built legally in the United States. Then as now, residential zoning codes typically allowed only one home per lot, regardless of the acreage and with no exceptions. Attached and detached garages occupied yard space that might otherwise have been available for ADUs. Some cities, including Chicago, grandfathered in pre-existing "coach house" ADUs — but only if they remained consistently occupied. In Houston's historic and trendy Heights neighborhood, old and new garage apartments are common and desired. Many communities don't allow new ADUs, even if they did in the past. Even in rural areas with ample land, property owners are often prohibited from creating secondary dwellings or continuing to live in preexisting ones. Countless units in single-family homes or yards are technically illegal simply because they date from when such units were not allowed. ADUs began making a comeback in the 1980s as cities explored ways to support smaller and more affordable housing options within single -dwelling neighborhoods. In 2000, in response to a growing demand for ADU- supportive guidelines, AARP and the American Planning Association partnered to release a model state act and local code for ADUs. An updated resource was published by AARP in 2021. (See an image of it on the inside front cover of this guide.) Many state and local governments are legalizing and encouraging the creation of ADUs (see page 8), driven by high housing costs and, in some cases, the belief that homeowners with suitable space shouldn't be so restricted in the use of their property. ■ Packet Pg. 241 8.4.d HOME VISIT #2 Garage Apartment ADU Denver, Colorado Size: 360 square feet A The apartment above the garage can be reached from inside the garage or from an exterior side entrance accessed from the yard it shares with the primary residence. HOME VISIT #3 Basement ADU Portland, Oregon Size: 796 square feet The transformation of this colorful Victorian was both a preservation and expansion project. TEACHING MOMENT: "Here's a very welcome breath of fresh air, especially in the face of so much gentrification that is going on in Portland!" declared Mark Lakeman, principal of Communitecture, an architectural, planning and design firm, about the pictured remodel. Writing on "I see our ADU as something very similar to a student loan," says Mara Owen. "It's somethingyou invest in the future with. It was cheaper than buying a house for Mom, and it lets her have independence. It's great knowing we can check in on her whenever." AH-HA MOMENT: Owen, her partner, Andrew, and their three dogs were sharing a one -bedroom, one -bath house with her mother, Diane. When Owen learned that ADUs were allowed in the city, she decided the best way to get more space for her small home's many residents would be to remove their "leaky and defunct" garage and build a new two -car garage with an apartment above it. WISE ADVICE: "Get a really great builder and architect," says Owen. "Interviewing architects was similar to a first date. It's not just who you feel connected with. That's important, but get to the values. It's a niche market, so see if you can find someone who has built ADUs before, because ADUs are a little different" FUTURE PLANS: The stairs to Diane's apartment are wide enough for a stair lift, if it's ever needed. The roof was built at the correct slope for the eventual installation of solar panels. Design: Hive Architecture I Builder: Hive Architecture I Cost to build: $167,000 in 2016 1 Photo by Mara Owen I Article adapted from `ADU Case Studies" by Lina Menard on AccessoryDwellings.org. Visit the website to read about and see photographs of more ADU projects. A By lifting the house and digging beneath it, designers, engineers and builders turned a two-story, single-family home into a three-story, multifamily residence. (The ADU's entrance is pictured on page 3.) his company's website, he says the project provides a lesson in how to "adapt and reuse our precious historic houses so they can accommodate more people while also providing more income to support the existing home." HOW'D THEY DO IT? To add a basement rental unit, engineers lifted the house. The resulting ADU is roughly four feet underground and four feet above. THE ACHIEVEMENT, Adds Lakeman: "Unlike the seemingly pervasive method of simply tearing down existing buildings so that new, giant ones can be built, this approach achieves upgrades in energy efficient living places and adds density while retaining the continuity of our beloved historical urban environment." Design: Communitecture I Home Lift: Emmert International Builder: Tom Champion I Cost to build: $725,000 in 2015 1 Photos by Communitecture (before) and Chris Nascimento (after) The ABCs of ADUs , A A RP 7 Packet Pg. 242 8.4.d The Time Is Now Rules for ADUs continue to evolve and frequently differ from one town to the next Some communities allow almost any home to be set up with an ADU — so long as size limits, property line setbacks and placement caveats in relation to the primary dwelling are met. Others start with those basic standards and then layer on extra requirements that can make it challenging to create an ADU. (Learn more on pages 14 and 15.) Municipalities nationwide have been relaxing their restrictions against ADUs, and several states now require communities to allow them. Some examples New Hampshire and Vermont allow ADUs nearly everywhere single-family housing is permitted. New Hampshire's 2017 legislation stemmed in large part from the frustration of builders who couldn't construct the backyard cottages and garage apartments their clients desired. In 2020, the California legislature declared that "allowing accessory dwelling units in zones that allow single-family and multifamily uses provides additional rental housing, and is an essential component in addressing California's housing needs." The state allows up to one ADU and one JADU per lot. (What's a JADU? See page 14.) • Oregon requires cities and counties of certain sizes to allow ADUs in all single-family areas within urban growth boundaries. In 2021, the state extended ADU rights to rural residential areas. Other states allowing ADUs include Connecticut, Rhode Island and Utah. Many cities now allow ADUs, including Anchorage, Alaska; Atlanta, Georgia; Annapolis, Maryland; Asheville, North Carolina; Austin, Texas; Denver, Colorado; Honolulu, Hawaii; Houston, Texas; Louisville, Kentucky; Philadelphia, Pennsylvania; Phoenix and Tucson, Arizona; Seattle, Washington; and Washington, D.C.■ 1110- Located on the lowest floor of a town house, an English basement is a partially belowground apartment that has its own exterior entrance. They are typically found in older cities such as New York or (pictured) Washington, D.C. In the past, property owners used the space as servant quarters. Today, these essentially built-in ADUs are often used as rental apartments. 8 A A RP I The ABCs of ADUs To Encourage ADUs LOCAL OFFICIALS can ... • allow all ADU types (detached, attached, interior) • simplify the building permit process for ADUs • waive or reduce permit and impact fees • establish funding programs to help homeowners create ADUs • let garages be converted into ADUs without requiring replacement off-street parking • allow for the creation of a second ADU, subject to a combined size cap COMMUNITY PLANNERS can ... • adopt simple, flexible but nondiscretionary ADU rules about setbacks, square footage and design compatibility with the primary dwelling LENDERS can ... • work with homeowners to finance the construction of ADUs by using renovation loans ADVOCATES can ... • organize tours of completed ADUs in order to inform and inspire the community • educate homeowners, real estate agents, architects and builders about local zoning regulations and the permit process REAL ESTATE AGENTS can ... • educate themselves and their clients about rules for the construction of ADUs LOCAL MEDIA can ... • report on how and why homeowners build ADUs HOME VISIT #4 Internal ADU (Main Level) Portland, Oregon Size: 220 square feet Even small homes can have enough space for an ADU. An underused main floor bedroom in this 1.5-story, 1,500-square-foot bungalow was transformed into a studio apartment. AH-HA MOMENT: According to Joan Grimm, who owns the home with Rita Haberman: "What we were looking for in terms of a community and aging in place was right under our noses. Remove a fence and create a shared open space. Build a wall and create a second dwelling unit. It doesn't have to be complicated" REAL LIFE: "Creatively carving out an ADU from the main floor of our house saved on design and construction costs," Grimm adds. "It provides an opportunity for rental income, with no significant compromise to the livability of our home." HOME VISIT #S Internal ADU (Lower Level) Portland, Oregon Size: 795 square feet 1 The steps and side entrance lead to the studio apartment ADU, which was crafted out of an existing space. The covered porch to the right leads to the primary residence. The ADU contains a kitchen, small dining and living area, sleeping area, bathroom and laundry area. (See two interior photos on pages 19 and 20.) Design: Rita Haberman I Builder: RS Wallace Construction Cost to build: $55,000 in 2075 (with some work done by the homeowners) Photos courtesy Billy Ulmer I Article adapted from `ADU Case Studies" by Lina Menard on AccessoryDwellings.org "We were looking for a way to live in our house for the rest of our lives and to generate at least some income in the process," Robert Mercer and Jim Heuer wrote for the program guide of the annual Portland ADU Tour when their home was part of the lineup. "An ADU offers the possibility of caregiver lodging in the future or even a place for us to live while we rent out the main house if we get to the point where we can't handle the stairs any longer." THE SOUND OF SILENCE: Internal ADUs often require that soundproofing insulation be installed between the primary dwelling and the accessory unit that's below, above or beside it. In Portland, the building code for duplex residences requires a sound insulation rating of at least STCC45. To property owners thinking about a similar ADU setup, the duo advise: "Think about how you live in your home and how having downstairs neighbors will change what V The door to the right of the garage leads to a ground -floor ADU with windows along the back and side walls. The upper -level windows are part of the main residence. you can and can't do with your space and what investment you are prepared to make in sound insulation." AN ADDED BONUS: "We are pleased that we have been able to provide more housing density on our property and still be in keeping with the historic character of our home." Design: DMS Architects I Builder. Weitzer Company I Cost to build: $261,000 in 2076 I Photo by Melissa Stanton, AARP Article adapted from the 2017 ADU Tour project profiles on AccessoryDwellings.org The ABCs of ADUs I A A RID 9 Packet Pg. 244 8.4.d BringingBack ADUs The reasons for creating or living in an ADU are as varied as the potential uses ADUs are flexible. Over time, a single ADU might be used in many ways as an owner's needs and life circumstances change. Following are just a few reasons why ADUs are created and by whom: EMPTY NESTERS can build an ADU and move into it, then rent out the main house for supplemental income or make it available to their adult children. FAMILIES WITH YOUNG CHILDREN can use an ADU as housing for a nanny or au pair or even a grandparent or two, who can then help raise their grandkids and be assisted themselves as they age. INDIVIDUALS IN NEED OF CARE can reside in an ADU to be near family members, or they can use the ADU to house a live-in aide. (In fact, ADUs can be an affordable and more comforting alternative to an assisted -living facility or nursing home.) HOME BUYERS can look forward to the rental income from an ADU to help pay their mortgage or finance home improvements, especially in expensive housing markets. HOME -BASED WORKERS can use an ADU as their office or workshop. HOMEOWNERS can use an ADU for guests or as housing for friends or loved ones who: • aren't yet financially independent, such as new high school or college graduates • need temporary housing due to an emergency or while renovating their own home • have disabilities but can live independently if family reside nearby ■ 1 The zoning code in Evanston, Illinois, permits accessory dwelling units, creating an opportunity for the owners of this 1911 home with an outbuilding in the backyard. 10 A A RID I The ABCs of ADUs Packet Pg. 245 A Walt Drake's southern -style, one -bedroom ADU has an Q outdoor, wraparound porch that can be accessed without 00 HOME VISIT #6 using steps. The design is in keeping with other buildings in p the neighborhood. C Detached ADU (One -Story) CO) Decatur, Georgia Size: 800 square feet When Walt Drake decided to downsize, his son Scott purchased his dad's house for himself and his family and built a detached ADU (or DADU) for Walt. "From not finding what we wanted for Dad, we decided to create it," says Scott. "Neighborhoods built in the 1920s have carriage houses. Building an ADU was a modern day version of something people have been doing on their property in this area for a hundred years." NEAR AND FAR: "We wanted the houses to be separate and to feel like we're each on our own property, but we're there for each other," says Scott. AGING -FRIENDLY: Building the ADU meant Walt didn't have to leave his home and neighborhood. "He was able to keep his own stuff and turn over what he didn't need to us," says Scott. "It kept my dad in place, which I think was important." FUTURE PLANS: Scott says the ADU is "serving its intended purpose" but that someday down the road it could be used as a long- or short-term rental. "The ADU could turn into lots of different things over the course of its lifetime." Design: Adam Wall, Kronberg Wall I Builder: Rob Morrell I Cost to build: $350,000 in 2074 1 Photo by Fredrik Brauer I Floor plan by Kronberg Wall Architects I Article adapted from `ADU Case Studies" by Lina Menard on AccessoryDwellings.org The ABCs of ADUs I AA R P 11 Packet Pg. 246 8.4.d ADUs Are Age -Friendly Housing New -construction ADUs can be created with "universal design" features An "age -friendly" home has a zero -step entrance and includes doorways, hallways and bathrooms that are accessible for people with mobility differences. Converted garages (such as the one pictured on page 2) are among the easiest and least expensive ADU solutions for aging in place since they're preexisting structures and generally have no -step entries. To learn more about making a home aging -friendly, download or order the AARP HomeFit Guide at AARP.org/HomeFit. HOME VISIT #7 Detached ADU Two -Story Seattle, Washington Size: 800 square feet Evelyn Brom's plan was to build a backyard cottage and rent it out. She would keep living in her two - bedroom home. AH-HA MOMENT: As the design developed, Brom realized that she wanted to live in the stunning wood -and -glass ADU. It was a good decision. A week before moving in, Brom was laid off from her job. REAL LIFE: The $3,000 a month Brom receives in rent for the main house (which is occupied by a three -generation family) provides a needed income. "Being laid off has made this arrangement a lifesaver," Brom says. If the stairs in the cottage ever become too hard to navigate, she can move back into her original one-story house and rent out the cottage instead. "Now I have options," she says. ----------------------�tsxbe (� IP I 2 STORY 800SF DADU ------------ I I A There's a powder room, open kitchen and living room on the first floor, with a bedroom — and bathroom upstairs. EXISTING SINGLE FAMILY RESIDENCE Design: Chrystine Kim, NEST Architecture & Design I Builder. Ian Jones, Treebird Construction I Photo by Alex Hayden Cost to build: $250,000 in 2074 1 Article adapted from Where We Live: Communities for All Ages (AARP 2018) Although Brom's property is only 0.13 acres, it's large enough to accommodate two homes, a patio, a lawn and a garage. A slatted wood fence with a gate divides the space between the two houses and provides privacy. 12 A A RID I The ABCs of ADUs Packet Pg. 247 HOME VISIT #8 Detached Bedroom St. Petersburg, Florida Size: 240 square feet Bertha and her son John talked about someday buying a house with a mother-in-law suite. "Then one day someone came along and wanted my house, so I up and sold it," she explains. "But that left me homeless. I asked John if I could build a small house in his backyard and he agreed" CREATIVE THINKING: A detached bedroom is a permanent, accessory structure that, unlike ADUs, lacks a kitchen. But that's what makes these cabin -like homes more affordable to build than many ADUs and even tiny houses. WHAT'S INSIDE: Bertha's home contains a sleeping and living area and a full bathroom. "I paid for the little house and it's on my son's property. So I figured, if I'm cooking I can do it at my son's house," she says. (Her laundry is also done at his house.) m A A detached bedroom, which contains a bathroom but no kitchen, can provide housing for a loved one or serve as a home office or guest cottage. REAL LIFE: "Having access to my son's house makes it livable. Otherwise, I personally would not be happy It's very comforting to know that John is close by. Hopefully this will be my home forever." Design: Historic Sheds I Builder: Historic Sheds I Cost to Build: $50,000 in 2077 1 Photo by Historic Sheds I Article adapted from "ADU Case Studies" by Lina Menard on AccessoryDwellings.org Packet Pg. 248 8.4.d Practical Solutions for ADUs Local laws can both allow and appropriately control the creation of accessory dwellings There are more than 19,000 cities, 16,000 towns and 3,000 counties in the United States. ADU regulations are typically adopted at the local level, although several state legislatures have required cities to allow them. Where it's legal to build ADUs, homeowners still need to follow rules about where it can be done, how many square feet they can contain, how they can be used. These rules can be found in the local zoning code. There is a balance to strike between prudent ADU laws and encouraging their construction. For instance, after Portland, Oregon, relaxed its ADU rules in 2010 and waived impact fees (a savings of up to $12,000), the number of ADUs built rose from about 30 per year between 2000 and 2009 to nearly one a day in 2015. Changes in California's ADU rules saw Los Angeles go from 80 applications in 2016 to nearly 2,000 in 2017. Allowing Sonoma County homeowners to add both an ADU and a JADU (see the green box below) were among the policies adopted in the wake of the area's many devastating fires. Rules that discourage ADUs • ADU-specific regulations that don't also apply to primary dwellings (e.g., owner -occupancy requirements) • complex design compatibility criteria and approval steps • off-street parking requirements beyond those required for the primary dwelling • restrictions that limit ADUs to certain areas, particular zoning categories or to large lots • caps on square footage relative to the primary house that make it easy to add an ADU to a large home but hard or impossible to add one to a small home Well-intentioned but burdensome rules can stymie the creation of ADUs. ADU-related zoning codes should be restrictive enough to prevent undesirable development but flexible enough that ADUs get built. When a community is worried about a potentially undesirable outcome, it can — and many do — craft regulations to prevent particular building types, locations or uses. A city concerned about the environmental impact of new structures might prohibit placing detached ADUs in precarious locations, such as on steeply sloping lots. Communities wary of ADUs becoming, for instance, off -campus student housing can establish occupancy rules. Every community has its own priorities and concerns, and there's a wide enough range of regulatory controls that communities can write appropriate ADU rules. This inherent flexibility in the form and function of ADUs allows them to pass political muster and get adopted in a wide range of places. (See page 16 for more about uses and rules.) ■ Are ADUs allowed? Find out by calling your town, city or county office in charge of land use and permits — or stop by in person. You can also search for and read the zoning code through the local government's website. • If ADUs are allowed, ask what conditions, permit needs and impact fees apply. • If ADUs are not allowed and you want them to be, ask an elected official or your community's department of zoning and planning how the codes can be updated. • Then get organized and start advocating! 14 A A RID I The ABCs of ADUs Packet Pg. 249 8.4.d Creating for Understandings an ADU Zoning Code The ADU section of a community's zoning code needn't be overly complicated. it just needs to establish clear, objective and fair rules for the following: 1. A Definition: A good zoning code clearly defines its terminology. Here, for example, is a useful outline for what, in the real world, is a very fluid term: "An ADU is a smaller, secondary home on the same lot as a primary dwelling. ADUs are independently habitable and provide the basic requirements of shelter, heat, cooking and sanitation." 2. The Purpose: This is where the code describes key reasons a community allows ADUs. They should: • increase the number of housing units while respecting the style and scale of the residential neighborhood • bolster the efficient use of existing housing stock and infrastructure • provide housing that's affordable and responds to the needs of smaller, changing households • serve as accessible housing for older adults and people with disabilities 3. Eligibility: Who can build an ADU and on what type of lot? A statement in this part of the code clarifies that an ADU can be placed only on a "residentially zoned lot." (Some communities provide lot size standards.) 4. Creation: The code sets out how an ADU can be built. For instance: "An ADU may be created through new construction, the conversion of an existing structure, as an addition to an existing structure or as a conversion of a qualifying existing house during the construction of a new primary dwelling on the site" S. Quantity: Most municipalities that permit ADUs allow one per lot. Those allowing two typically permit one internal and one external. Some allow duplexes or townhomes to have an ADU, either in the backyard or on the ground floor. 6. Occupancy and Use: A code should state that the use -and -safety standards for ADUs match those used for the main dwelling on the property. (See page 17 for more.) Visit AARP.org/ADU to download Accessory Dwelling Units: Model State Act and Local Ordinance, a free publication that can be used by state and local officials to develop ADU policies. 7. Design Standards: Size and height: A zoning code might specify exactly how large and tall an ADU is allowed to be. For instance: "An ADU may not exceed 1,000 square feet or the size of the primary dwelling, whichever is smaller." Codes often limit detached ADUs to 1.5 or 2 stories in height. An example of that language: "The maximum height allowed for a detached ADU is the lesser of 25 feet at the peak of the roof or the height of the primary dwelling." Parking: Most zoning codes address the amount and placement of parking. Some don't require additional parking for ADUs, some do, and others find a middle ground — e.g., allowing tandem parking in the driveway and/or on -street parking. (See page 16 for more about parking.) Appearance: Standards can specify how an ADU's roof shape, siding type and other features need to match the primary dwelling or neighborhood norms. Some codes exempt one-story and internal ADUs from such requirements. (See page 16 for more.) 8. Additional Design Standards for Detached ADUs: • Building setbacks: Many communities require detached ADUs to either be located behind the primary dwelling or far enough from the street to be discreet. (A code might exempt preexisting detached units that don't meet that standard.) Although such a rule can work well for neighborhoods of large properties with large rear yards, communities with smaller lot sizes may need to employ a more flexible setback -and -placement standard. • Building coverage: A code will likely cap the combined lot coverage of a detached ADU and the primary dwelling to a specific percentage. • Yard setbacks: Most communities have rules about minimum distances to property lines and between buildings on the same lot. ADUs are typically required to follow the same rules. ■ The ABCs of ADUs I A A RP 15 Packet Pg. 250 8.4.d ADU "Hot Topics"" As communities allow ADUs or update existing zoning codes and rules to be more ADU-friendly, they inevitably wrestle with some or all of the following issues: Adding ADUs to neighborhoods Recognizing that ADUs may represent a new housing type for existing neighborhoods, communities often write special rules to ensure they'll fit in well. These guidelines typically address visual compatibility with the primary dwelling, appearance from the street (if the ADU can be seen) and privacy for neighbors. Rules that help achieve these goals include: • height and size caps mandating that ADUs be shorter and smaller than the primary dwelling • requirements that detached ADUs be behind the main house or a minimum distance from the street • mandates that the design and location of detached ADUs be managed the same way as other detached structures (e.g., garages) on the lot • design standards for larger or two-story ADUs so they architecturally match the primary dwelling or reflect and complement neighborhood aesthetics • encouragement for the creation of internal ADUs, which are often unnoticeable from the street Each community can strike its own unique balance between strict rules to ensure that ADUs have a minimal impact on neighborhoods and more flexible rules that make them easier to build. A Providence, Rhode Island, has many homes that were built as or long -ago converted into multidwelling units. (Notice the two front doors.) A homeowner can live in one apartment while renting out the other. Providing places to park ADU regulations often include off -street -parking minimums on top of what's already required for the primary dwelling. Such rules can prevent homeowners from building ADUs if there's insufficient space for added parking. However, the extra parking often isn't needed. Studies of Portland, Oregon, and the San Francisco Bay area found that ADU households own an average of 0.9 cars. That's half the national average of 1.8 cars per household. With just over 2 percent of Portland homes having an ADU (the highest percentage of any large city in the country), there's roughly one extra car parked on the street every six blocks. This suggests that, even in booming ADU cities, any impact on street parking from ADUs is likely to be very small and dispersed. More -realistic parking rules might: • require the creation of new parking only if the ADU displaces the primary dwelling's existing parking • waive off -street -parking requirements at locations within walking distance of transit • allow parking requirements for the house and ADU to be met by using a combination of off-street parking, curb parking and tandem (one car in front of the other) parking in a driveway Dealing with unpermitted ADUs It's not uncommon for homeowners to convert a portion of their residence into an ADU in violation (knowingly or not) of zoning laws or without permits Such illegal ADUs are common in cities with tight housing markets and a history of ADU bans. One example is New York City, which gained 114,000 apartments between 1990 and 2000 that aren't reflected in certificates of occupancy or by safety inspections. Sadly, in 2021, several city residents living in unsafe basement apartments drowned in their homes due to flooding caused by Hurricane Ida. Some cities have found that legalizing ADUs, simplifying ADU rules and/or waiving fees can be effective at getting the owners of illegal housing units to "go legit" — and address safety problems in the process. ■ 16 A A RID I The ABCs of ADUs Packet Pg. 251 8.4.d Allowing and Restricting Uses Communities get to decide whether to let ADUs be used just like any other housing type or to create special rules for them. Some municipalities prefer the simple approach: regulating ADUs like other homes. So if a home -based child-care service is allowed to operate in the primary dwelling, it is also allowed in an ADU. Conversely, communities sometimes adopt ADU-specific regulations in order to avoid undesirable impacts on neighbors. Examples of those regulations include: Limiting short-term rentals ADUs tend to work well as short- term rentals. They're small and the owner usually lives on -site, making it convenient to serve as host. However, if ADUs primarily serve as short-term rentals, such as for Airbnb and similar services, it undermines the objective of adding small homes to the local housing supply and creating housing that's affordable. In popular markets, short-term rentals can be more profitable than long-term ones, allowing homeowners to recoup their ADU expenses more quickly. In addition, short-term rentals can provide owners with enough income that they can afford to occasionally use the ADU for friends and family. A survey of ADU owners in three Pacific Northwest cities with mature ADU and short-term rental markets found that 60 percent of ADUs are used for long-term housing as compared with 12 percent for short-term rentals. Respondents shared that they "greatly value the ability to use an ADU flexibly." For instance, an ADU can be rented nightly to tourists, then someday rented to a long-term tenant, then used to house an aging parent. ADUs intended primarily for visting family are sometimes used as short-term rentals between visits. Cities concerned about short-term rentals can regulate them across all housing types. Doing so might mean that special rules are not needed. An approach employed in Portland, Oregon, is to treat ADUs the same as other residences except that any financial incentives (such as fee waivers) to create them are available only if the property owner agrees not to use the ADU as a short-term rental for at least 10 years. Requiring owner occupancy Some jurisdictions require the property owner to live on -site, either in the primary house or its ADU. This is a common way of addressing concerns that absentee landlords and their tenants will allow homes and ADUs to fall into disrepair and negatively impact the neighborhood. Owner -occupancy rules are usually implemented through a deed restriction and/or by requiring that an annual statement confirming residency be filed. Some cities go further, saying ADUs can be occupied only by family members, child- or adult -care providers, or other employees in service of the family. Owner -occupancy requirements make the financing of ADUs more difficult, just as they would if applied to single-family homes. But as ADUs have become more common, owner -occupancy restrictions have become less so, which is good. Such requirements limit the appraised value of properties with ADUs and reduce options for lenders should they need to foreclose. Enforcing owner -occupancy laws can be tricky, and the rules have been challenged in courts, sometimes successfully. However, according to a study by the Oregon Department of Environmental Quality, more than two-thirds of properties with ADUs are owner - occupied even without an owner - occupancy mandate. ■ The zoning code of Brevard, North Carolina, a city of fewer than 10,000 residents, allows ADUs, which are referred to as "secondary dwelling units" and are allowed "within residentially -zoned, single-family and duplex lots." The code states that such homes "shall be encouraged and designed to meet housing needs," adding that "[s]econdary dwelling units shall be accessory and subordinate to the primary living quarters." In the image at left, the one-story cottage is the primary dwelling. The apartment above the detached garage is the secondary dwelling. The ABCs of ADUs AARP 17 Packet Pg. 252 8.4.d ode Spoiceir ADUs vary from studio apartment -like spaces to multi -bedroom, multi -story structures. Regardless of size, the result is a needed residence A top floor ADU can be a suitable rental for a student or someone who travels a lot for work. ADU expert Kol Peterson grew up in a home with an attic ADU that was usually rented to law school students. "They had to walk up the primary house's interior stairs in order to access the affordable attic unit," he writes in Backdoor Revolution: The Definitive Guide to ADU Development. "Over the years that each of them lived there, the tenants became part of our family." The alcoves in the ADU area above a garage provide a light -filled work space in one, and a reading nook in the other. (See the attached ADU's exterior on page 3.) This studio apartment internal ADU uses a wardrobe cabinet to separate the bedroom from the living area and kitchen (seen on page 19). 18 A A RP I The ABCs of ADUs Packet Pg. 253 8.4.d As an independent living space, an ADU has its own bathroom and kitchen. Depending on the available square footage — and sometimes on the local zoning code or the property's plumbing and utility connections — an ADU might have a full kitchen with full-sized appliances and a dining area (top) or a smaller but functional kitchenette. This interior is from the detached ADU pictured below right and on the back cover. Fun fact: A coat closet and extra kitchen shelving are built into the base of the circular staircase. In a small home, every bit of space counts! A The kitchen of this internal ADU (also seen at the top of page 9 and in the bedroom image at left) has a full-sized range but a mini -refrigerator. Some ADU owners install a one- or two -burner electric cooktop and a convection microwave in lieu of an oven. The second story of this detached ADU is accessed by the spiral staircase shown in the image at top. The space features a bedroom and a sitting area that could be used as a nursery, office or den. A full-sized, stacked washer -dryer is hidden behind a closet door. E E a 0 U 0 a 00 0 0 O M N O N 0 Q The ABCs of ADUs , A A RP 19 Packet Pg. 254 8.4.d Just One More While not technically ADUs, tiny houses can serve a similar purpose I Because tiny houses are typically built on a trailer with wheels rather than a fixed foundation, they are usually treated by zoning as recreational vehicles (RVs) or manufactured (aka mobile) homes. In Portland, Oregon, and a growing number of smaller cities, tiny houses can be legally occupied on any residentially -zoned lot. Since they're small — typically under 400 square feet — tiny houses can fit in a space too small for an ADU. Many include a kitchen and bathroom. Some function more like a detached bedroom. A unique plus: Unlike ADUs, tiny houses can move to a new location as needed. M "The Lucky Penny" tiny house measures 8 feet wide by 14 feet, 6 inches long and provides 100 square feet of living space. The home, which is located in the backyard of a single-family residence, features a pullout bed, a kitchenette, a shower, built-in storage, and three large windows plus a skylight to provide lots of nature light. 20 A A RP I The ABCs of ADUs Packet Pg. 255 8.4.d The ABCs of ADUs A guide to Accessory Dwelling Units and how they expand housing options for people of all ages WRITTEN AND EDITED BY: Eli Spevak, Orange Splot LLC I Melissa Stanton, AARP Livable Communities ART DIRECTOR: Mimi Park, Design Park, Inc. COPY EDITOR: Don Armstrong I ART PRODUCTION: Steve Walkowiak PROJECT ADVISERS AND REVIEWERS: Danielle Arigoni, Director, Livable Communities, AARP Government Affairs Karen Chapple, Professor, University of California, Berkeley Lina Menard, Founder, Niche Consulting Heather Peters, Senior Housing and Community Development Policy Analyst, San Mateo County, California Kol Peterson, Cofounder, AccessoryDwellings.org I Owner, Accessory Dwelling Strategies LLC, Portland, Oregon Denise Pinkston, Partner, TMG Partners Harriet Tregoning, (Past) Principal Deputy Assistant Secretary, U.S. Housing and Urban Development Jake Wegmann, Assistant Professor, University of Texas at Austin COVER IMAGE CREDITS (clockwise from top left) Front: Alex Hayden I Communitecture: Architecture, Planning, Design I AccessoryDwellings.org I Melissa Stanton, AARP I AccessoryDwellings.org Back: Kol Peterson, BuildingAnADU.com I Eli Spevak, Orange Splot LLC I Schuyler Smith, Polyphon Architecture & Design, LLC A NOTE TO READERS: Many of the photographs and project examples in this publication are from Portland, Oregon, which was one of the first municipalities in the nation to allow and encourage the creation of accessory dwelling units. To learn more about ADUs — and to order or download this guide — visit AARP.org/Livable. Other useful resources include: • AccessoryDwellings.org • BuildingAnADU.com • Planning.org (the website of the American Planning Association) • And the websites of the states, cities and towns mentioned in this guide as allowing and encouraging the creation of accessory dwelling units. Packet Pg. 256 ABOVE -GARAGE ADU DETACHED -BEDROOM ADU DETACHED ADU • An accessory dwelling unit is a small residence that shares a single-family lot with a larger primary dwelling. • As an independent living space, an ADU is self-contained, with its own kitchen or kitchenette, bathroom and living/sleeping area. (Garage apartments and backyard cottages are each a type of ADU.) • ADUs can enable homeowners to provide needed housing for their parents, adult children, grandchildren or other loved ones. • An ADU can provide older adults a way to downsize on their own property while a tenant or family member resides in the larger house. • Since homeowners can legally rent out an ADU house or apartment, ADUs are an often -essential income source. • ADUs help to improve housing affordability and diversify a community's housing stock without changing the physical character of a neighborhood. • ADUs are a beneficial — and needed — housing option for people of all ages. Learn more about ADUs and ARP Liva Communities e-Newslette Be among the first to learn when RP releases more livability es and resources. .. A, VA D2o473 Packet Pg. 257 8.4.e DRAFT ADU CODE UPDATE— 1337 v.5 DRAFT ADU Code Amendments v.5 3.36.030 Assessment and payment of impact feesl.J Commented [RH1]: I added Comments for annot whether the code is being deleted, moved or added why. Or, whether more info is needed A. Required. The city shall collect impact fees, based on the rates in ECC 3.36.120 and 3.36.125. from any applicant seeking development approval from the city for any development activity within the city as provided herein, including the expansion of existing structures or uses or change of existing uses that creates additional demand for public facilities. 1. For the purposes of this chapter, development activity shall not include miscellaneous improvements that do not add any demand for public facilities, including, but not limited to, fences, walls, swimming pools accessory to a residential use, and signs. 2. For the purposes of this chapter, development activity shall not include replacement of a residential structure with a new residential structure of the same type at the same site or lot when such replacement occurs within 12 months of the demolition or destruction of the prior residential structure. Replacement of a residential structure with a new residential structure of the same type shall be interpreted to include any residential structure for which there is no increase in the number of residential units. 3. For the purposes of this chapter, development activity shall not include alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed.7PJete: accessory dwelliRg units (ADIJs) aF@ ROt considered to create- additignal dwtalliRg Units horns ico ECIDC:20:21 WO d0tas; not roncider Arll Ic as iRGreaSiRg the overall deRSit.y of a nnle family residential n inhhorhoorl 1 B. Timing and Calculation of Fees. Impact fees shall be assessed based upon the impact fee rates in effect at the time of issuance of the building permit, including but not limited to change of use permit or remodel permit. 1. For a change in use of an existing building or dwelling unit, including any alteration, expansion, replacement or new accessory building, the impact fee shall be the applicable impact fee for the new use, less an amount equal to the applicable impact fee for the prior use. Commented [HR2]: Under departmental internal and with the City Attorney Packet Pg. 258 8.4.e DRAFT ADU CODE UPDATE —1337 v.5 2. For mixed use developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable measurement in the impact fee rates set forth in ECC 3.36.120 and 3.36.125. 3. Where the impact fees imposed are determined by the square footage of the development, the building official will establish the gross floor area created by the proposed development. 4. Applicants that have been awarded credits prior to the submittal of the complete building permit application pursuant to ECC 3.36.050 shall submit, along with the complete building permit application, a copy of the letter or certificate prepared by the director pursuant to ECC 3.36.050 setting forth the dollar amount of the credit awarded. 5. Applicants shall pay an administrative fee that covers the cost of staff time in administering the impact fee program. The amount of the administrative fee shall be established and updated from time to time by resolution of the city council. C. Payment. Unless deferred pursuant to ECC 3.36.160, impact fees shall be paid at the time the building permit or business license is issued by the city. The department shall not issue the required building permit or business license or other approval unless and until the impact fees set forth in ECC 3.36.120 and 3.36.125 have been paid in the amount that they exceed exemptions or credits provided pursuant to ECC 3.36.040 or 3.36.050; provided, that building permits may be issued without impact fee payment when payment is deferred in accordance with ECC 3.36.160. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.040 Exemptions. A. Except as provided for below, the following shall be exempted from the payment of all impact fees under this chapter: Alteration of an existing nonresidential structure that does not involve a change in use and does not expand the usable space or add any residential units; 2. Miscellaneous improvements that do not expand usable space or add any residential units, including, but not limited to, fences, walls, swimming pools, and signs; 3. Demolition or moving of a structure; 2 Packet Pg. 259 8.4.e DRAFT ADU CODE UPDATE —1337 v.5 4. Expansion of an existing structure that results in the addition of 100 square feet or less of gross floor area; 5. Replacement of a structure with a new structure of the same size and use at the same site or lot when a building permit application for such replacement is submitted to the city within 12 months of the demolition or destruction of the prior structure. Replacement of a structure with a new structure of the same size shall be interpreted to include any structure for which the gross square footage of the building will not be increased by more than 100 square feet; or 6. Alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed (accesse ,„dwe!liRg ,nits (ADI Ic) are RGt sidered to create addkion;l dIAfPll*nn .,i*c hc�oi ice Cr'flr" 'Jn '�1 n'Jn rlooc not �nnci!!cr Afll Ic o Vn the overall rJonci*„ of a single family residential neighborhood, and because the cit)(s traffic model deps; m4t assign additional trips to the nor,.,ork as a rps;uit of Ag lad 1 E. Low-income housing units shall be exempt from paying 80 percent of the street impact fees to the extent the units satisfy this subsection. Such exemption shall be conditioned upon the developer recording a covenant that prohibits using the low-income housing units for any purpose other than for low-income housing. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing development, and that if the property is converted to a use other than for low-income housing, the property owner must pay the applicable impact fees in effect at the time of conversion. The covenant shall also require the owner to submit an annual report to the city along with supporting documentation that shows that the low-income units are continuing to be rented in compliance with the covenant. The covenant shall be an obligation that runs with the land upon which the housing is located. The covenant shall be in a form acceptable to the city attorney and shall be recorded upon the developer's payment of the remaining 20 percent of the street impact fee. C. Except as provided for below, the following shall be exempted from the payment of park impact fees under this chapter: 1. Low-income housing provided by nonprofit organizations such as, but not limited to, Habitat for Humanity. Owners of low-income single-family dwelling units, condominiums and other low-income housing shall execute and record a lien against the property, in favor of the city, for a period of 10 years guaranteeing that the dwelling unit will continue to be Commented [HR3]: Under departmental internal and with the City Attorney Packet Pg. 260 8.4.e DRAFT ADU CODE UPDATE —1337 v.5 used for low-income housing or that impact fees from which the low-income housing is exempted, plus interest, shall be paid. The lien against the property shall be subordinate only to the lien for general taxes. In the event that the development is no longer used for low-income rental housing, the owner shall pay the city the impact fee from which the owner or any prior owner was exempt, plus interest at the statutory rate. Any claim for an exemption for low-income owner occupied housing must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived. D. Early learning facilities shall be exempt from paying 80 percent of street and park impact fees; provided, that the early learning facility satisfies the conditions of this subsection. Such exemption shall be conditioned upon the developer recording a covenant that requires that at least 25 percent of the children and families using the early learning facility qualify for state subsidized child care, including early childhood education and assistance under Chapter 43.216 RCW, and that provides that if the property is converted to a use other than for an early learning facility, the property owner must pay the applicable impact fees in effect at the time of conversion, and that also provides that if at any point during a calendar year the early learning facility does not achieve the required percentage of children and families qualified for state subsidized child care using the early learning facility, the property owner must pay the remaining impact fee that would have been imposed on the development had there not been an exemption. The covenant shall also require the owner to submit an annual report to the city along with supporting documentation that shows that the early learning facility is in compliance with the covenant. The covenant shall be an obligation that runs with the land upon which the early learning facility is located. The covenant shall be in a form acceptable to the city attorney and shall be recorded upon the developer's payment of the remaining 20 percent of the impact fees. E. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section, in any other section, or under other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in ECC 3.36.070. [Ord. 4268 § 1, 2022; Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.120 Park impact fee rates. The park impact fee rates in this section are generated from the formula for calculating impact fees set forth in the rate study, which is incorporated herein by reference. Except as otherwise Packet Pg. 261 8.4.e DRAFT ADU CODE UPDATE - 1337 v.5 provided for independent fee calculations in ECC 3.36.130, exemptions in ECC 3.36.040 and credits in ECC 3.36.050, all new developments in the city will be charged the park impact fee applicable to the type of development as follows: A. Effective October 1, 2014: 1. Single-family house: $2,734.05 per dwelling unit. 2. Accessory dwelling units: $1,367.03 per dwelling unit. 3. 2. Multifamily residential housing: $2,340.16 per dwelling unit. 4.3. Nonresidential development: $1 .34 per square foot. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.125 Street impact fee rates. The street impact fee rates in this section are generated from the formula for calculating impact fees set forth in the rate study, which is incorporated herein by reference. Except as otherwise provided for herein, all new developments in the city will be charged the street impact fee applicable to the type of development as follows in the table below. For properties zoned BD - Downtown Business, an ITE Land Use Code of 814 - Specialty Retail shall be applied. 2016 (w/ 2017 (w/ 2018 (w/ 2019 and ITE Land Use Code - Fee $1,049.41 $2,543.01 $4,036.61 beyond (w/ Description Calculation cost per cost per cost per $5,530.21 cost trip) trip) trip) per trip) 110 - Light Industrial per square foot $1.50 $3.64 $5.77 $7.91 140 - Manufacturing per square foot $1.12 $2.72 $4.32 $5.92 151 - Mini -warehouse per square foot $0.40 $0.97 $1.54 $2.10 210 - Single-family house per dwelling $1,196.33 $2,873.60 $4,561.37 $6,249.14 unit Commented [HR4]: Under departmental internal and with the City Attorney. Per RCW 36.70A.681(1)( city of county may not assess impact fees on the construction of accessory dwelling units that are grc than 50 percent of the impact fees that would be irr on the principal unit r C d E c d E Q d M O U Q w O O v O M N O N 0 Q Packet Pg. 262 8.4.e DRAFT ADU CODE UPDATE- 1337 v.5 ITE Land Use Code - Description Fee Calculation 2016 (w/ $1,049.41 cost per trip) 2017 (w/ $2,543.01 cost per trip) 2018 (w/ $4,036.61 cost per trip) 2019 and beyond (w/ $5,530.21 cost per trip) 215 - Accessory dwelling units per dwelling 1$3,124.57 unit 220 -Apartment per dwelling unit $776.56 $1,881.83 $2,987.09 $4,092.36 230 - Condominium per dwelling unit $629.65 $1,525.81 $2,421.97 $3,318.13 240 - Mobile home per dwelling unit $671.62 $1,627.53 $2,583.43 $3,539.33 251 - Senior Housing per dwelling unit $157.41 $584.89 $928.42 $1,271.95 320 - Motel per room $629.65 $1,525.81 $2,421.97 $3,318.13 420 - Marina per boat berth $188.89 $457.74 $726.59 $995.44 444 - Movie theater per screens $13,166.00 $31,905.90 $50,645.37 $69,384.85 492 - Health/fitness club per square foot $2.78 $6.74 $10.98 $14.66 530 - High school per square foot $0.82 $1.98 $3.15 $4.31 560 - Church per square foot $0.69 $1.68 $2.67 $3.65 565 - Day care center per square foot $6.57 $15.77 $25.02 $34.29 620 - Nursing home per bed $199.39 $483.17 $766.96 $1,050.74 710 - General office per square foot $2.07 $5.01 $7.95 $10.89 720 - Medical office per square foot $3.81 $9.54 $15.14 $20.74 Commented [HR5]: Under departmental internal and with the City Attorney. Per RCW 36.70A.681(1)( city of county may not assess impact fees on the construction of accessory dwelling units that are gre than 50 percent of the impact fees that would be irr on the principal unit Packet Pg. 263 8.4.e DRAFT ADU CODE UPDATE- 1337 v.5 ITE Land Use Code - Description Fee Calculation 2016 (w/ $1,049.41 cost per trip) 2017 (w/ $2,543.01 cost per trip) 2018 (w/ $4,036.61 cost per trip) 2019 and beyond (w/ $5,530.21 cost per trip) 820 - Shopping center per square foot $1.34 $3.26 $5.17 $7.08 826 - Specialty retail per square foot $0.93 $2.06 $3.27 $4.48 850 - Supermarket per square foot $4.80 $10.50 $16.84 $22.84 850 - Convenience market 15 - 16 hrs per square foot $5.80 $14.07 $22.38 $30.58 912 - Drive-in bank per square foot $7.00 $15.97 $25.41 $34.73 932 - Restaurant: sit-down per square foot $4.70 $10.04 $15.95 $21.84 933 - Fast food, no drive -up per square foot $9.19 $22.28 $35.36 $48.44 934 - Fast food with drive -up per square foot $11.23 $26.24 $41.66 $57.07 936 - Coffee/donut shop, no drive -up per square foot $5.73 $13.88 $22.04 $30.19 938 - Coffee/donut shop, drive- up, no indoor seating per square foot $10.55 $25.56 $40.37 $55.58 945 - Gas station with convenience per vehicle fueling position $3,347.62 $6,916.99 $10,979.58 $15,042.18 [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016]. C O E C O E Q O O U Q co CD CD O M N CD N Q r C O E C d E Q O O U s 8� 7 O s d Y •L N O C d H LL Q 0 It Packet Pg. 264 8.4.e DRAFT ADU CODE UPDATE — 1337 v.5 Chapter 16.20 RS - SINGLE-FAMILY RESIDENTIAL Sections: 16.20.000 Purposes. 16.20.010 Uses. 16.20.020 Subdistricts. 16.20.030 Table of site development standards. 16.20.040 Site development exceptions. 16.20.045 Site development standards - Single-family master plan. 16.20.050 Site development standards - Accessory dwelling units. 16.20.06050 Site development standards - Accessory buildings. 16.20.000 Purposes. The RS zone has the following specific purposes in addition to the general purposes for residential zones of ECDC 16.00.010 and 16.10.000: A. To reserve and regulate areas primarily for family living in single-family dwellings; B. To provide for additional nonresidential uses which complement and are compatible with single-family dwelling use. [Ord. 3547 5 1, 20053. 16.20.010 Uses. A. Permitted Primary Uses. 1. Single-family dwelling units; 2. Churches, subject to the requirements of ECDC 17.100.020; 3. Primary schools subject to the requirements of ECDC 17.100.050(G) through (R); 8 Packet Pg. 265 8.4.e DRAFT ADU CODE UPDATE — 1337 v.5 d E 4. Local public facilities that are planned, designated, and sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; E Q 5. Neighborhood parks, natural open spaces, and community parks with an adopted Q 0 master plan subject to the requirements of ECDC 17.100.070. V M B. Permitted Secondary Uses. Q w 1. Foster homes; o 0 0 2. Accessory dwelling units, subject to the requirements of 16.20.050 ECDC; Commented [MC6]: ADUs will be a permitted sec 04 c y use. ADUs currently require a conditional use perm N 3. 2—Home occupation, subject to the requirements of Chapter 20.20 ECDC; addition to any building permit requirements. Redu p permitting time and cost. Q 3: 4. The renting of rooms without separate kitchens to one or more persons; 4, 5.4. The following accessory buildings: a. Fallout shelters, b. Private greenhouses covering no more than five percent of the site, c. Private stables, d. Private parking for no more than five cars, e. Private swimming pools and other private recreational facilities; 6. -S-. Private residential docks or piers; 7 6-. Family day-care in a residential home; 8 .7_ Commuter parking lots that contain less than 10 designated parking spaces in conjunction with a church, school, or local public facility allowed or conditionally permitted in this zone. 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)(5) of this section, including commuter parking lots that are located upon more than one lot as specified in ECDC 21.15.075; 9. 8_ Bed and breakfasts, as in ECDC 20.23.020(A)(1). 9 Packet Pg. 266 8.4.e DRAFT ADU CODE UPDATE — 1337 v.5 C. Primary Uses Requiring a Conditional Use Permit. 1. High schools, subject to the requirements of ECDC 17.100.050(G) through (R); 2. Local public facilities that are not planned, designated, and sited in the capital improvement plan, subject to ECDC 17.100.050; 3. 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. Preschools; 2. Guest house; 3. Amateur radio transmitting antennas; 4 Accessory wellingunits; 4— Commuter parking lots with 10 or more designated parking spaces in conjunction with a church, school, or local public facility allowed or conditionally permitted in this zone; and 6. -5-. Bed and breakfasts, as in ECDC 20.23.020(A)(2). [Ord. 3988 § 7, 2015; Ord. 3900 § 4, 2012; Ord. 3702 § 1, 2008; Ord. 3547 § 1, 2005]. 16.20.020 Subdistricts. There are established seven subdistricts of the RS zone in order to provide site development standards for areas which differ in topography, location, existing development and other factors. These subdistricts shall be known as the RS-6 zone, the RS-8 zone, the RS-10 zone, the RS-12 zone, the RSW-12 zone, the RS-20 zone, and the RS-MP zone. [Ord. 3547 § 1, 2005]. 10 Packet Pg. 267 8.4.e DRAFT ADU CODE UPDATE — 1337 v.5 d E 16.20.030 Table of site development standards. c d Minimum Minimum Minimum Minimum Minimum Maximum Minimum E Q Sub Maximum Side Rear Maximum Lot Area Lot Street Coverage Parking d Density' Height District (Sq.Ft.) Width Setback (%) Spaces' 'a 0 Setback Setback U RS-20 20,000 2.2 100, 25' 3513 & 25' 25' 35% 2 Q 10, co CD CD 0 RS-12 12,000 3.7 80' 25' 10, 25' 25' 35% 2 N CD N RSW- 12,000 3.7 — 15' 10, 35' 25' 35% 2 124 Q w+ C RS-10 10,000 4.4 75' 25' 10, 20' 25' 35% 2 d E c RS-8 8,000 5.5 70' 25' 7-1/2' 15' 25' 35% 2 4) Q RS-6 6,000 7.3 60' 20' S' 15' 25' 35% 2 � O U RS-MP5 12,0005 3.75 80'5 255 10i5 255 25' 35% 2 CID O 1 Density means "dwelling units per acre" determined by dividing the total lot area by the density allowed by the underlying zoning; the number of lots or units permitted shall be rounded down to the nearest whole Y number. L N 2 See Chapter 17.50 ECDC for specific parking requirements. N C 3 Thirty-five feet total of both sides, 10 feet minimum on either side. d 4 Lots must have frontage on the ordinary high water line and a public street or access easement approved by the hearing examiner. LL Q 5 "MP" signifies "master plan." The standards in this section show the standards applicable to development without an approved master plan. Properties in this zone may be developed at a higher urban density lot pattern equivalent to RS-8 but this shall only be permitted in accordance with a duly adopted master plan adopted under the provisions of ECDC 16.20.045. d E t [Ord. 3547 § 1, 2005]. 11 Packet Pg. 268 8.4.e DRAFT ADU CODE UPDATE — 1337 v.5 16.20.040 Site development exceptions. A. Average Front Setback. If a block has residential buildings on more than one-half of the lots on the same side of the block, the owner of a lot on that block may use the average of all the setbacks of the existing residential buildings on the same side of the street as the minimum required front setback for the lot. Detached structures such as garages; carports; and uncovered porches, decks, steps and patios less than 30 inches in height, and other uncovered structures less than 30 inches in height shall not be included in the "average front setback' determination. An applicant for such a determination shall provide a drawing which locates the street property line for the entire block, as well as the existing street setbacks of all buildings required to be used for the purpose of calculating the "average front setback." The drawing shall be prepared and stamped by a land surveyor registered in the state of Washington. B. Eaves and Chimneys. Eaves and chimneys may project into a required setback not more than 30 inches. C. Porches and Decks. Uncovered and unenclosed porches, steps, patios, and decks may project into a required setback not more than one-third of the required setback, or four feet, whichever is less; provided, that they are no more than 30 inches above ground level at any point. D. Reserved. E. Corner Lots. Corner lots have no rear setback; all setbacks other than the street setbacks shall be side setbacks. F. Docks, Piers, Floats. 1. Height. The height of a residential dock or pier shall not exceed five feet above the ordinary high water mark. The height of attendant pilings shall not exceed five feet above the ordinary high water mark or that height necessary to provide for temporary emergency protection of floating docks. 2. Length. The length of any residential dock or pier shall not exceed the lesser of 35 feet or the average length of existing docks or piers within 300 feet of the subject dock or pier. 3. Width. The width of any residential dock or pier shall not exceed 25 percent of the lot width when measured parallel to the shoreline. 12 Packet Pg. 269 8.4.e DRAFT ADU CODE UPDATE —1337 v.5 4. Setbacks. All residential docks or piers shall observe a minimum 10-foot side yard setback from a property line or a storm drainage outfall. joint use docks or piers may be located on the side property line; provided, that the abutting waterfront property owners shall file a joint use maintenance agreement with the Snohomish County auditor in conjunction with, and as a condition of, the issuance of a building permit. joint use docks or piers shall observe all other regulations of this subsection. 5. Number. No lot shall have more than one dock or pier or portion thereof located on the lot. 6. Size. No residential dock or pier shall exceed 400 square feet. 7. Floats. Offshore recreational floats are prohibited. 8. Covered Buildings. No covered building shall be allowed on any residential dock or pier. [Ord. 3845 § 5, 2011; Ord. 3547 § 1, 2005]. 16.20.045 Site development standards - Single-family master plan. A. General. The "single-family -master plan" zone is intended to apply to the area lying along the south side of SR-104 north of 228th Street SW, where there are development constraints related to access and traffic on SR-104. Development in this zone may be approved at RS-12 standards without an approved master plan. An approved master plan is required before any development can occur at RS-8 densities. B. Criteria for Approving a Master Plan. Properties seeking to develop at RS-6 or RS-8 densities shall be developed according to a master plan (such as through a PRD) that clearly demonstrates the following: 1. That access and lot configurations shall not result in additional curb cuts or unmitigated traffic impacts on SR-104; at a minimum, a traffic study prepared by a traffic engineer approved by the city shall clearly demonstrate this requirement. 2. That the configuration and arrangement of lots within the master plan area provide for setbacks on the perimeter of the proposed development that are compatible with the zoning standards applied to adjoining developed properties. For example, a master plan adjoining developed lots in an RS-MP zone that were developed under RS-12 standards 13 Packet Pg. 270 8.4.e DRAFT ADU CODE UPDATE —1337 v.5 shall have RS-12 setbacks along common property lines, although the lot sizes, widths, and other bulk standards may conform to the higher density lot configuration approved through the master plan. [Ord. 3547 § 1, 20051. 16.20.050 Site development standards - Accessory dwelling units A. General. Accessory dwelling units must meet all of the standards of Chapter 16.20 ECDC except as specifically provided in this section. B. Number of Units. A principal dwelling unit may have two accessory dwelling units in the following configurations: one attached and one detached accessory dwelling units, two attached accessory dwelling units, or two detached accessory dwelling units. C. Table of ADU development standards. OL a, Sub District Maximum ADU Minimum Maximum ADU Minimum Parking Gross Floor Area S . Ft. ADU Rear Hei h Spaces Setback',' RS-20 1,200 25' 24' 0 RS-12 1,200 25' 24' 0 RS-10 1,200 20' 24' 0 RS-8 11000 1013 24' 0 RS 11000 10i3 24' 0 1 INo rear Setbacks are required for detached accessory dwelling units from the rear lot line if that lot line abuts a public alley, regardless of detached accessory dwelling unit size. 2 Standard street and side setbacks per ECDC 16.20.030 apply. 3 The normally required rear setback may be reduced to a minimum of five feet for a detached accessory dwelling units 15' in height or less. 14 Commented [MC7]: Moving and updating ADU Is currently in ECDC 20.21. ADUs are only allowed in si family (RS) zones so it is reasonable to include the A related standards in the RS zoning chapter. At the si time, the standards are being updated to be consist HB 1337 and best practices. Commented [RH8]: HB 1337 will require gross flc up to 1,000sf. Gross floor area is defined by RCW 36 as "the interior habitable area of a dwelling unit ind basements and attics but not including a garage or a structure." Commented [MC9]: Consistent with HB 1337 Packet Pg. 271 8.4.e DRAFT ADU CODE UPDATE —1337 v.5 D. Types of Building. A manufactured or modular dwelling unit may be used as an accessory dwelling unit. Detached accessory dwelling units are allowed to be created in existing legally permitted buildings, including detached garages. Legal nonconforming buildings converted for use as an accessory dwelling unit must meet the requirements of 17.40.020(D). E. Driveways. Access to the principal unit and any residential units shall comply with city codes and policies as established by ECDC Title 18. F. Utilities and Services. The Public Works Department considers Accessory Dwelling Units dependent upon the principal unit and within the capacity of existing infrastructure of the primary unit. 1. Utilities. All new or extended utilities must be undergrounded in accordance with ECDC 18.05.010. 2. Utility Access. Occupants of Accessory Dwelling Units and the primary unit must have unrestricted access to utility controls for systems (Including water, electricity, and gas) in each respective unit or in a common area. 3. Water Meter. Only one water service and meter is allowed per parcel to serve the principal unit and each accessory dwelling unit. Private submetering on the property is allowed, but the City is not involved with installing or reading the submeter. 4. Sewer. Only one sewer lateral is allowed per parcel to serve the principal unit and each accessory dwelling unit. Separate connections to the main trunk line will not be permitted. 15. Septic System. 5. Mailboxes. Additional mailboxes may be added for each permitted unit, as approved by the Post Office. G. Health and Safety. Accessory dwelling units must comply with all the applicable requirements of the current building codes adopted by ECDC Title 19 and must comply in all respects with the provisions of the Edmonds Community Development Code. Accessory dwelling units will be required to have separate ingress/egress from the principal dwelling unit. H. Previously approved accessory dwelling units. ADUs that were previously approved by the City of Edmonds may continue and are not subject to the standards of this subsection. If expansion 15 C E c a> E Q 0 U Q w CD CD 0 M N CD N 0 i Commented [HR10]: Language TBD by Public We Department. Per State requirements, cities may pro ADUs on properties not served by sewers. Commented [RH11]: Under review with City of E Public Works Department, Utility Billing, and Clymp Water and Sewer District Packet Pg. 272 8.4.e DRAFT ADU CODE UPDATE —1337 v.5 or modification to an approved unit is proposed, the ADU must come into full compliance with the requirements of this section. 16.20.060 16.20.050 Site development standards - Accessory buildings. A. General. Accessory buildings and structures shall meet all of the standards of ECDC 16.20.030 except as specifically provided in this section. B. Height. Height shall be limited to 15 feet, except for amateur radio transmitting antennas and their supporting structures. Garages or other accessory buildings attached by a breezeway, hallway, or other similar connection to the main building which results in a separation exceeding 10 feet in length may not exceed the 15-foot height limit. The separation shall be determined by the minimum distance between the outside walls of the main building and accessory building, exclusive of the connecting structure. C. Rear Setbacks. The normally required rear setback maybe reduced to a minimum of five feet for accessory buildings covering less than 600 square feet of the site. D. Satellite Television Antenna. A satellite television antenna which measures greater than one meter or 1.1 yards in diameter shall comply with the following regulations: 1. General. Satellite television antennas must be installed and maintained in compliance with the Uniform Building and Electrical Codes as the same exist or are hereafter amended. A building permit shall be required in order to install any such device. 2. Setbacks. In all zones subject to the provisions contained herein, a satellite television antenna shall be located only in the rear yard of any lot. In the event that no usable satellite signal can be obtained in the rear lot location or in the event that no rear lot exists as in the case of a corner lot, satellite television antennas shall then be located in the side yard. In the event that a usable satellite signal cannot be obtained in either the rear or side yard, then a roof -mounted location may be approved by the staff, provided, however, that any roof -mounted satellite antenna shall be in a color calculated to blend in with existing roof materials and, in the case of a parabolic, spherical or dish antenna, shall not exceed nine feet in diameter unless otherwise provided for by this section. In no event shall any roof - mounted satellite television antenna exceed the maximum height limitations established by this section. 16 Packet Pg. 273 8.4.e DRAFT ADU CODE UPDATE — 1337 v.5 3. Aesthetic. Satellite television antennas shall be finished in a nongarish, nonreflective color and surface which shall blend into their surroundings. In the case of a parabolic, spherical or dish antenna, said antenna shall be of a mesh construction. No commercial advertising of any kind shall be displayed on the satellite television antenna. 4. Size and Height. Maximum size for a ground -mounted parabolic, spherical or dish antenna shall be 12 feet in diameter. No ground -mounted antenna shall be greater than 15 feet in height unless otherwise approved for waiver as herein provided. The height of roof - mounted satellite television antennas shall not exceed the lesser of the height of the antenna when mounted on a standard base provided by the manufacturer or installer for ordinary operation of the antenna or the height limitation provided by the zoning code. 5. Number. Only one satellite television antenna shall be permitted on any residential lot or parcel of land. In no case shall a satellite television antenna be permitted to be placed on wheels or attached to a portable device for the purpose of relocating the entire antenna on the property in order to circumvent the intentions of this section. E. Amateur Radio Antennas. 1. The following applications for the following approvals shall be processed as a Type II development project permit application (see Chapter 20.01 ECDC): a. Requests to utilize an amateur radio antenna dish which measures greater than one meter or 1.1 yards in diameter; b. Requests to utilize an antenna which: i. Would be greater than 12 feet in height above the principal building on a site. The height of the antenna shall be determined by reference to the highest point of the roof of the principal building, exclusive of the chimney or other roof -mounted equipment. The request to locate a 12-foot antenna on a building is limited to buildings whose height conforms to the highest limit of the zone in which the building is located. ii. Would exceed the height limit of the zone when mounted on the ground or on any accessory structure (see subsection (E)(2)(d) of this section). 2. The application shall comply with the following regulations: 17 Packet Pg. 274 8.4.e DRAFT ADU CODE UPDATE — 1337 v.5 a. Definition. "Amateur radio antenna" means an antenna, or any combination of a mast or tower plus an attached or mounted antenna, which transmits noncommercial communication signals and is utilized by an operator licensed by the Federal Communications Commission. Guy wires for amateur radio antennas are considered part of the structure for the purpose of meeting development standards. b. General. Amateur radio antennas must be installed and maintained in compliance with the Uniform Building and Electrical Codes, as the same exist or are hereafter amended. A building permit shall be required to install an amateur radio antenna. c. Location. Amateur radio antennas maybe ground- or roof -mounted, however, these devices shall: i. Be located and constructed in such a manner as to reasonably ensure that, in its fully extended position, it will not fall in or onto adjoining properties; ii. Not be located within any required setback area; and iii. Be retracted in inclement weather posing a hazard to the antenna. d. Height. The height of a ground -mounted tower or roof -top antenna may not exceed the greater of the height limit applicable to the zone or 65 feet when extended by a telescoping or crank -up mechanism unless an applicant obtains a waiver (see subsection (F) of this section). i. Only telescoping towers may exceed the height limits established by subsection (E)(1)(b) of this section. Such towers shall comply with the height limit within the applicable zone and may only exceed the height limit of the applicable zone and/or 65-foot height limit when extended and operating and if a waiver has been granted. ii. An antenna located on a nonconforming building or structure which exceeds the height limit of the zone in which it is located shall be limited to height limit of the zone plus 12 feet. e. Aesthetic. To the extent technically feasible and in compliance with safety regulations, specific paint colors may be required to allow the tower to blend better with its setting. 18 Packet Pg. 275 8.4.e DRAFT ADU CODE UPDATE — 1337 v.5 F. Technological Impracticality - Request for Waiver. 1. The owner, licensee or adjacent property owner may apply for a waiver if: a. Strict application of the provisions of this zoning code would make it impossible for the owner of a satellite television antenna to receive a usable satellite signal; b. Strict application of the provisions of this zoning code would make it impossible for the holder of any amateur radio license to enjoy the full benefits of an FCC license or FCC protected right; or c. An adjacent property owner or holder of an FCC license or right believes that alternatives exist which are less burdensome to adjacent property owners. 2. The request for waiver shall be reviewed by the hearing examiner as a Type III -A decision and may be granted upon a finding that one of the following sets of criteria have been met: a. Technological Impracticality. i. Actual compliance with the existing provisions of the city's zoning ordinance would prevent the satellite television antenna from receiving a usable satellite signal or prevent an individual from exercising the rights granted to him or her by the Federal Communications Commission (FCC) by license, law or FCC regulation; or ii. The alternatives proposed by the property owner or licensee constitute the minimum necessary to permit acquisition of a usable satellite signal by a satellite television antenna or to exercise the rights granted pursuant to a valid FCC license, law or FCC regulation. b. Less Burdensome Alternatives. The hearing examiner is also authorized to consider the application of adjacent property owners for a waiver consistent with the provisions of subsection (F)(1)(c) of this section without the requirement of a finding that a usable satellite signal cannot be acquired when the applicant or adjacent property owner(s) establish that the alternatives proposed by the applicant are less burdensome to the adjacent property owners than the requirements which would otherwise be imposed under this section. For example, adjacent property owners may request alternative or additional screening or the relocation of the antenna on the licensee's property. In the 19 Packet Pg. 276 8.4.e DRAFT ADU CODE UPDATE —1337 v.5 interactive process described in subsection (F)(3) of this section, the hearing examiner shall attempt to balance the impact of the tower on the views of adjacent properties, as well as the impacts of alternative screening and relocation in order to equitably distribute any negative impacts among the neighbors while imposing reasonable conditions on the antenna, its location and screening that do not impair the rights granted by the FCC to the licensee. 3. The process shall be an interactive one in which the hearing examiner works with the licensee to craft conditions which place the minimum possible burden on adjacent property owners while permitting the owner of the satellite antenna or holder of an amateur radio license to fully exercise the rights which he or she has been granted by federal law. For example, the number of antennas and size of the array shall be no greater than that necessary to enjoy full use of the FCC license. Conditions may include but are not limited to requirements for screening and landscaping, review of the color, reflectivity and mass of the proposed satellite television antenna or amateur radio facilities, and other reasonable restrictions. Any restriction shall be consistent with the intent of the city council that a waiver to the antenna owner be granted only when necessary to permit the satellite television antenna to acquire usable satellite signal or to allow the licensee to exercise the rights granted by Federal Communications Commission license after consideration of aesthetic harmony of the community. The process employed should involve the interaction of the licensee or owner and the neighborhood. Certain issues have been preempted by federal law and shall not be considered by the hearing examiner. Such issues include, but are not limited to, the impacts of electromagnetic radiation, the potential interference of the amateur radio facility with electronic devices in the neighborhood and any other matter preempted by federal law or regulation. Impact on view and on the values of neighboring properties may be considered in imposing reasonable conditions but shall not be a basis for denial of a permit to construct the antenna. 4. The application fee and notification for consideration of the waiver by an owner of a satellite television antenna shall be the same as that provided for processing a variance. No fee shall be charged to the holder of a valid FCC amateur radio license. 5. In the event that an applicant for waiver is also obligated to undergo architectural design review, the architectural design board shall defer any issues relating to the antenna and/or other amateur radio equipment to the hearing examiner. The hearing examiner may, at his or her discretion, request the architectural design board review and comment 20 Packet Pg. 277 8.4.e DRAFT ADU CODE UPDATE — 1337 v.5 regarding required screening and landscaping and its integration into sight and landscaping plans. No additional fee shall be required of the applicant upon such referral. G. The provisions of subsections (D), (E) and (F) of this section shall be interpreted in accordance with the regulations of the Federal Communications Commission including but not limited to PRB-1. In the event of ambiguity or conflict with any of the apparent provisions of this section, the provisions of federal regulations shall control. [Ord. 3736 §§ 8, 9, 2009; Ord. 3728 § 3, 2009; Ord. 3547 § 1, 2005]. 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; 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 u; 8. Day care centers; 9. Local public facilities designated and sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 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. 21 Packet Pg. 278 8.4.e DRAFT ADU CODE UPDATE —1337 v.5 O E 1. Limited assembly, repair or fabrication of goods incidental to a permitted or conditional c use; W E Q 2. Off-street parking and loading areas to serve a permitted or conditional use; W O U 3. One dDwelling units are allowed-per4e , in the story above the street floor, with a minimum lot area of 6,000 square feet; Q 4. Accessory Dwelling Units, subject to the RS-6 development requirements in ECDC w c 16.20.050; 0 Commented [RH12]: Per RCW 36.70A.681(1).c, t M or county must allow at least two accessory dwellini C 5. Commuter parking lots that contain less than 10 designated parking spaces in on all lots that are located in all zoning districts with N urban growth area that allow for at least two ADUs conjunction with any local public facility allowed by this section. Any additionally designated lots that are located in all zoning districts within an i Q growth areas that allow for single-family homes. parking spaces that increase the total number of spaces in a commuter parking lot to 10 or r more shall subject the entire commuter parking lot to a conditional use permit as specified W 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; c W Q 6.5. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. y O C. Primary Uses Requiring a Conditional Use Permit. U 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. Hospitals, convalescent homes, rest homes, sanitariums; 7. 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; 8. Counseling centers and residential treatment facilities for current alcoholics and drug abusers; 22 Packet Pg. 279 8.4.e DRAFT ADU CODE UPDATE — 1337 v.5 9. 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. Commuter parking lots with 10 or more designated parking spaces in conjunction with a facility meeting the criteria listed under subsections (C1(6) through a of this section. [Ord. 4314 § 44 (Exh. A), 2023; Ord. 4307 § 1 (Exh. A), 2023; Ord. 3353 § 3, 2001; Ord. 3269 § 1 *, 1999; Ord. 3120 § 1, 1996; Ord. 2759 § 1, 1990; Ord. 2660 § 1, 1988; Ord. 2283 § 4, 1982]. 16.50.020 Site development standards. A. Table. Minimum Minimum Minimum Minimum Minimum Maximum Maximum Lot Street Side Rear Lot Area Height Floor Area Width Setback Setback Setback BC None None None None' None' 25i2 3 sq. ft. per sq. ft. of lot area BC- None None 10, None' None' 2513 3 sq. ft. per Edmonds sq. ft. of lot Way area 1 The setback for buildings and structures located at or above grade (exempting buildings and structures entirely below the surface of the ground) shall be 15 feet from the lot line adjacent to residentially (R) zoned property. The required setback shall be completely landscaped with Type I landscaping permanently maintained by the owner of the BC -zoned lot. 2 Roof only may extend five feet above the stated height limit if all portions of the roof above the stated height are modulated in design and are designed as a hip, gable, arch, shed or other similar roof form (see illustrations). Vertical parapet walls or flat roofs with a pitch of less than three-in-12 are not allowed to protrude above the 25-foot height limit unless they are part of an approved modulated design. 23 Packet Pg. 280 8.4.e DRAFT ADU CODE UPDATE — 1337 v.5 Examples of Modulated Roof Designs imp. ON 30-ft lim a with modulated root 4 _ _ — _ _ _ 25-ft height limit SOWNE "=E1m M L E3 In 3 The stated height limit may be increased to 40 feet; provided, that: (a) The street setback of any proposed building shall be increased to 15 feet in depth. Type III landscaping shall be located within this setback; (b) Where the proposed development abuts a single-family residential (RS) zoned property, in addition to complying with subsection (a) of this footnote, the proposed development shall modulate the design of any building facades facing the single-family residentially (RS) zoned property; (c) At least three of the following techniques shall be incorporated into the building and/or site's design: (1) Achievement of least LEED gold certification or comparable green building certification; (2) Inclusion of housing units affordable to persons at low/moderate income as determined by Snohomish County Tomorrow. The number of affordable units must be at least 15 percent of the gross number of units proposed; (3) Public amenities within an area comprising at least 25 percent of the length of any required street setback such as outdoor seating, plazas, walkways or other usable open space. The remainder of the setback area will be landscaped with Type III landscaping; (4) Low impact development (LID) techniques are employed. LID best management practices include, but are not limited to: bioretention/rain gardens, permeable pavements, roof downspout 24 Packet Pg. 281 8.4.e DRAFT ADU CODE UPDATE —1337 v.5 controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re -use. (d) Seventy-five percent of a building facade facing a public right-of-way shall be clad with preferred building materials which include natural stone, wood, architectural metal, brick and glass. Concrete, laminates, veneers, fiber cement products and the like may be permitted if they replicate the appearance of the listed preferred materials. At least 55 percent of building facade materials must be salvaged, recycled content, bio-based or indigenous. B. Ground Floor. Development on the ground floor shall consist of only commercial uses to a minimum depth of 30 feet as measured from the street front of the building, with the following exceptions or clarifications: 1. That in all areas the provision of pedestrian access to permitted residential uses is allowed. 2. This provision shall not apply when a single-family use is the primary use on the property. 3, Accessory Dwelling Units, subject to the RS-6 development requirements in ECDC 16.20.050.� 3. In the BC -Edmonds Way zone, where the street frontage of the total site proposed for development exceeds 150 feet in length, this requirement shall apply to only 60 percent of the ground floor street frontage of any proposed building. The remaining 40 percent may include any other uses permitted in the BC - Edmonds Way zone, including, but not limited to, off-street parking or live/work space. C. See Parking (Chapter 17.50 ECDC, Design Review (Chapter 20.10 ECDC) and Sign Code (Chapter 20.60 ECDC) for additional standards. The following design standards shall also apply to buildings within the BC-EW zone. 1. Massing and Articulation. a. Intent. To reduce the massiveness and bulk of large box -like buildings, and articulate the building form to a pedestrian scale. b. Standards. Buildings shall convey a visually distinct base and top. A "base" can be emphasized by a different masonry pattern, more architectural detail, visible plinth above which the wall rises, storefront, canopies, or a combination. The top edge is 25 Commented [HR13]: Per RCW 36.70A.681(1).c, t or county must allow at least two accessory dwellini on all lots that are located in all zoning districts with urban growth area that allow for at least two ADUs lots that are located in all zoning districts within an i growth areas that allow for single-family homes. Packet Pg. 282 8.4.e DRAFT ADU CODE UPDATE - 1337 v.5 d E highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line. d E Q 2. Ground Level Details, O U a. Intent. To reinforce the character of the streetscape by encouraging the greatest amount of visual interest along the ground level of buildings facing Edmonds Way. Q b. Standards. Ground -floor, street -facing facades of commercial and mixed -use w c buildings shall incorporate at least five of the following elements: 0M N O Lighting or hanging baskets supported by ornamental brackets; N Medallions; Q iii. Belt courses; iv. Plinths for columns; v. Bulkhead for storefront window; vi. Projecting sills; vii. Tile work; viii. Transom or clerestory windows; ix. Planter box; x. An element not listed here that meets the intent, as approved by the Architectural Design Board. 3. Treating Blank Walls. a. Intent. To ensure that buildings do not display blank, unattractive walls. b. Standards. Walls or portions of walls on abutting streets or visible from residential areas where windows are not provided shall have architectural treatment. At least five of the following elements shall be incorporated into such walls: i. Masonry (except for flat, nondecorative concrete block); 26 Packet Pg. 283 8.4.e DRAFT ADU CODE UPDATE — 1337 v.5 d E ii. Concrete or masonry plinth at the base of the wall; d iii. Belt courses of a different texture and color; Q d iv. Projecting cornice; o tU v. Decorative tile work; Q vi. Medallions; 00 0 0 0 vii. Opaque or translucent glass; t� N 0 viii. Artwork or wall graphics; p ix. Lighting fixtures; Q x. Green walls; xi. An architectural element not listed above, as approved, that meets the intent. D. Density. There is no maximum density for permitted multiple dwelling units. E. Satellite Television Antennas. Satellite television antennas shall be regulated as set forth in ECDC 16.20.050. [Ord. 3943 § 1 (Exh. 1), 2013; Ord. 3627 § 2, 2007; Ord. 3539 § 1, 2005; Ord. 3518 § 1, 2004; Ord. 3492 § 1, 2004; Ord. 3256 § 1, 1999; Ord. 3232 § 1, 1998; Ord. 3147 § 1, 1997]. 16.53.010 Uses. A. Permitted Primary Uses. 1. Single-family dwellings in accordance with the regulations applicable to the RS-6 zone, Chapter 16.20 ECDC; 2. Business or professional offices or studios; 3. Small-scale retail sales or services not exceeding 5,000 square feet of cumulative space on a site, such as convenience stores, video stores, barber shops, beauty shops, gift shops, bookstores, florists/nurseries, dry cleaning stores and laundromats; 4. Art galleries; 27 Packet Pg. 284 8.4.e DRAFT ADU CODE UPDATE —1337 v.5 5. Churches, subject to the requirements of ECDC 17.100.020; 6. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R); 7. Local public facilities subject to the requirements of ECDC 17.100.050; 8. 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 or repair of goods incidental to a permitted or conditional use; 2. Off-street parking and loading areas to serve a permitted or conditional use; 3. Multiple residential, in the story above the street floor. 4.1Accessory Dwelling Units, subject to the RS-6 development requirements in ECDC 16.20.050: C. Primary Uses Requiring a Conditional Use Permit. 1. Medical, dental and veterinary clinics, including supporting uses such as pharmacies and laboratories. Veterinary clinics may include the boarding of animals under veterinary care but not commercial kennels; 2. Businesses open to the public between the hours of 11:00 p.m. and 6:00 a.m.; 3. Financial institutions; 4. Restaurants providing on -premises service to seated or walk-in patrons; 5. Small-scale retail sales or services greater than 5,000 square feet in an area of cumulative space on a site, but not exceeding 10,000 square feet of cumulative space on a site, such as convenience stores, video stores, barber shops, beauty shops, gift shops, bookstores, florists/nurseries, dry cleaning stores and laundromats; 6. Local public facilities not planned, designated, or sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 28 C O E c a> E Q a> O U Q w CD CD 0 M N CD C4 F� Q r c a> E c d E Commented [RH14]: Per RCW 36.70A.681(1).c, t Q or county must allow at least two accessory dwellini (D on all lots that are located in all zoning districts with O urban growth area that allow for at least two ADUs C) lots that are located in all zoning districts within an i L growth areas that allow for single-family homes... O L s m •L N a> c Packet Pg. 285 8.4.e DRAFT ADU CODE UPDATE — 1337 v.5 7. Day-care centers; 8. Hospitals, convalescent homes, rest homes, sanitariums; 9. 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; 10. Counseling centers and residential treatment facilities for current alcoholics and drug abusers; 11. 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. E. Prohibited Uses. Any use not specifically set forth herein, including but not limited to: 1. Automobile service stations; 2. Drive-in/drive-thru businesses. [Ord. 3353 § 5, 2001; Ord. 3127 § 1, 1997]. 17.40.020 Nonconforming building and/or structure. A. Definition. A nonconforming building is one which once met bulk zoning standards and the site development standards applicable to its construction, but which no longer conforms to such standards due to the enactment or amendment of the zoning ordinance of the city of Edmonds or the application of such ordinance in the case of a structure annexed to the city. Subject to the other provisions of this section, an accessory building that is not an accessory dwelling unit shall be presumptively nonconforming if photographic or other substantial evidence conclusively demonstrates that the accessory building existed on or before January 1, 1981. In the case of a property that was annexed after January 1, 1981, then the date shall be that of the effective date of the annexation of the city of Edmonds. Such presumption may be overcome only by clear and convincing evidence. B. Continuation. A nonconforming building or structure maybe maintained and continued, unless required to be abated elsewhere in this chapter or section, but it may not be changed or 29 Packet Pg. 286 8.4.e DRAFT ADU CODE UPDATE —1337 v.5 altered in any manner which increases the degree of nonconformity of the building except as expressly provided in subsections (Q through-ULfD of this section. C. Historic Buildings and Structures. Nothing in this section shall prevent the full restoration by reconstruction of a building or structure which is either listed on the National Register of Historic Places, the Washington State Register of Historic Places, the Washington State Cultural Resource Inventory, or the Edmonds Register of Historic Places, or is listed in a council - approved historical survey meeting the standards of the State Department of Archaeology and Historic Preservation. "Restoration" means reconstruction of the historic building or structure with as nearly the same visual design appearance and materials as is consistent with full compliance with the State Building Code and consistent with the requirements of Chapter 20.45 ECDC, Edmonds Register of Historic Places. The reconstruction of all such historic buildings and structures shall comply with the life safety provisions of the State Building Code. D. Maintenance and Alterations. 1. Ordinary maintenance and repair of a nonconforming building or structure shall be permitted. 2. Solar Energy Installations on Buildings That Exceed Existing Height Limits. A rooftop solar energy installation mounted on a nonconforming building that exceeds the existing height limit may be approved as a Type II staff decision if. a. The installation exceeds the existing roof height by not more than 36 inches. b. The installation is designed and located in such away as to provide reasonable solar access while limiting visual impacts on surrounding properties. 3. Alterations which otherwise conform to the provisions of the zoning ordinance, its site development and bulk standards, and which do not expand any nonconforming aspect of the building, shall be permitted. 4. In an effort to provide modular relief, minor architectural improvements in commercial and multifamily zones may encroach into the nonconforming setback adjacent to an access easement or public right-of-way not more than 30 inches. Minor architectural improvements may also be permitted in nonconforming side or rear yard setbacks only if they intrude not more than 30 inches nor one-half of the distance to the property line, whichever is less. "Minor architectural improvements" are defined as and limited to bay 30 Packet Pg. 287 8.4.e DRAFT ADU CODE UPDATE —1337 v.5 windows, eaves, chimneys and architectural detail such as cornices, medallions and decorative trim. Such improvements shall be required to obtain architectural design review. Nothing herein shall be interpreted to exempt such improvements in compliance with the State Building and Fire Codes. 5. Alterations required bylaw or the order of a public agency in order to meet health and safety regulations shall be permitted. E. Relocation. Should a nonconforming building or structure be moved horizontally for any reason for any distance, it shall thereafter come into conformance with the setback and lot coverage requirements for the zone in which it is located. Provided, however, that a building or structure may be moved on the same site without full compliance if the movement reduces the degree of nonconformity of the building or structure. Movement alone of a nonconforming building or structure to lessen an aspect of its nonconformity shall not require the owner thereof to bring the building or structure into compliance with other bulk or site development standards of the city applicable to the building or structure. F. Restoration. 1. If a nonconforming building or structure is destroyed or is damaged in an amount equal to 75 percent or more of its replacement cost at the time of destruction, said building shall not be reconstructed except in full conformance with the provisions of the Edmonds Community Development Code. Determination of replacement costs and the level of destruction shall be made by the building official and shall be appealable as a Type II staff decision under the provisions of Chapter 20.06 ECDC. Damage of less than 75 percent of replacement costs may be repaired, and the building returned to its former size, shape and lot location as existed before the damage occurred, if, but only if, such repair is initiated by the filing of an application for a building permit which vests as provided in ECDC 19.00.025(G) et seq. within 18 months of the date such damage occurred. The director may grant a one-time extension of up to 180 days if a written extension request has been received from the applicant prior to the expiration of the initial 18 months. 2. Residential Buildings. Existing nonconforming buildings in use solely for residential purposes, or structures attendant to such residential use, may be reconstructed without regard to the limitations of subsections LE) and (F) of this section, if, but only if, the following conditions are met: 31 Packet Pg. 288 8.4.e DRAFT ADU CODE UPDATE —1337 v.5 a. If a nonconforming multifamily residential building or a mixed use building containing multiple residential units is damaged in excess of 75 percent of its replacement cost at the time of destruction, the building may be restored to the same density, height, setbacks or coverage as existing before the destruction or damage occurred if, but only if, an application for a building permit which vests as provided in ECDC 19.00.025(G) et seq. is filed within 18 months of the date the damage occurred. The director may grant a one-time extension of up to 180 days if a written extension request has been received from the applicant prior to the expiration of the initial 18 months. b. All provisions of the State Building and Electrical Codes can be complied with entirely on the site. No nonconforming residential building may be remodeled or reconstructed if, by so doing, the full use under state law or city ordinance of a conforming neighboring lot or building would be limited by such remodel or reconstruction. c. These provisions shall apply only to the primary residential use on site and shall not apply to nonconforming accessory buildings or structures. d. A nonconforming residential single-family building maybe rebuilt within the defined building envelope if it is rebuilt with materials and design which are substantially similar to the original style and structure after complying with current codes. Substantial compliance shall be determined by the city as a Type II staff decision. The decision of the hearing examiner shall be final and appealable only as provided in ECDC 20.06.150. 3. The right of restoration shall not apply if: a. The building or structure was damaged or destroyed due to the unlawful act of the owner or the owner's agent; b. The building is damaged or destroyed due to the ongoing neglect or gross negligence of the owner or owner's agents; or c. The building was demolished for the purpose of redevelopment. G. Accessory Dwelling Units. A preexisting nonconforming detached accessory building may be converted into an accessory dwelling unit provided it meets the standards in ECDC 16.20.050(F) 32 Packet Pg. 289 8.4.e DRAFT ADU CODE UPDATE —1337 v.5 and G . -Minor exterior modifications required for conversion into conditioned space or other minor exterior modifications required by the International Residential Code adopted by ECDC Title 19 may be permitted. 'Minor exterior modifications' include, but are not limited to, egress windows, exhaust vents, and other minor modifications that are required for health and safety as determined by the Building Official. G- H. Subject to the other provisions of this section, an accessory building that is not an accessory dwelling unit shall be presumptively nonconforming if photographic or other substantial evidence conclusively demonstrates that the accessory building existed on or before January 1, 1981. In the case of a property that was annexed after January 1, 1981, then the date shall be that of the effective date of the annexation to the city of Edmonds. Such presumption may be overcome only by clear and convincing evidence. k-l. BD5 Zone. The BD5 zone was created in part to encourage the adoption and reuse of existing residential structures for live/work and commercial use as set forth in ECDC 16.43.030(B)(5). In the BIDS zone, conforming and nonconforming buildings may be converted to commercial or other uses permitted by ECDC 16.43.020 without being required to come into compliance with the ground floor elevation requirements of ECDC 16.43.030(B). 1—J_The antenna and related equipment of a nonconforming wireless communication facility may be completely replaced with a new antenna and related equipment; provided, that, upon replacement, the applicant shall use the best available methods and materials to enhance the appearance of the antenna and related equipment and/or screen it from view in a manner that improves the visual impact or the conspicuity of the nonconformity. [Ord.4154 § 6 (Att. D), 2019; Ord. 4151 § 2 (Att. A), 2019; Ord. 3961 § 3, 2014; Ord. 3866 § 2, 2011; Ord. 3781 § 1, 2010; Ord. 3736 §§ 13, 14, 2009; Ord. 3696 § 1, 2008]. 33 Commented [MC15]: Old code that is no longer i part of this update. Packet Pg. 290 8.4.e DRAFT ADU CODE UPDATE —1337 v.5 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 principal dwelling unit, except: b. Multiple residential according to the following table: Required parking Type of multiple spaces per dwelling dwelling unit unit Studio 1.2 1 bedroom 1.5 34 Packet Pg. 291 8.4.e DRAFT ADU CODE UPDATE — 1337 v.5 Required parking Type of multiple spaces per dwelling dwelling unit unit 2 bedrooms 1.8 3 or more 2.0 bedrooms 2. Boarding house: one space per bed. 3. Rest home, nursing home, convalescent home, residential social welfare facilities: one space per three beds. 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; 35 Packet Pg. 292 8.4.e DRAFT ADU CODE UPDATE — 1337 v.5 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; 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; 36 Packet Pg. 293 8.4.e DRAFT ADU CODE UPDATE — 1337 v.5 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. Elementary schools, junior high schools, boarding schools (elementary through senior high), residential colleges and universities: six spaces per classroom, or one space per daytime employee, whichever is greater; 5. 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. 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]. 20.01.003 Permit type and decision framework. A. Permit Types. 37 Packet Pg. 294 8.4.e DRAFT ADU CODE UPDATE— 1337 v.5 TYPE III - TYPE I TYPE II -A TYPE II-B TYPE III -A TYPE IV TYPE V B Zoning Accesser Contingent Essential Site specific complianc dwelling uni critical area public rezone e letter review facilities Lot line Formal Shoreline Technological Development Zoning text adjustment interpretatio substantial impracticality agreements amendment; n of the text development waiver for area -wide of the ECDC permit, amateur zoning map by the where public radio amendments director hearing not antennas required per ECDC 24.80.100 38 Commented [MCI 6]: ADUs will no longer require conditional use permit but rather a building permit to a single family residence. Commented [MCI 7]: Moved to ECDC 16.20 and consistent with HB 1337 and best practices Packet Pg. 295 8.4.e DRAFT ADU CODE UPDATE —1337 v.5 O E 2A.21.^^�PErpose. c W E The purpose of this chapter is to regulate the esaablis;hmtant of accessory dwelling LARits withiR Q W or n conjunction with SiRgle family dwellings while preserving the character of single family -0 'ghberheorlc The prirnary purpose of this chanter shall be ton mit establichrv.ent of L) Q 00 ass stance, or (2) provide increased security and companionship for homeowners, or (3) provide O O O the opportunity for homeowners to gain the extra *ACQM@ Apcessary to help meet the risin.g M N tqf hqrnea ownership, or (4) to provide for thea care of disabled persons within their e%vn N ho c [Ord. 3294 s 1 20001 Q r•+ C Accessory dwelling units prohibited. E E No accessory dwelling unit shall be permitted within any planned rps;'dLQnt*al dpv@lopment or C d E aRy individual lotydtWn c ch a sle ele nr rnr.J 3nc5 F t 20031 Q O U �2-0- Bensit l*Metat+en _ 1 imitation on the total occupancy. � 7 O Nic) lc)t s;h;i" be occupied by more than one family as defined in KDC 21.20.01 QThis limitation s d shall be interpreted to accomplish its purpose, vihich is to ensure that the approval ofan �L accessory dwell.Rg unit shall not 'nr-rp--;-rp- the overall deRSity of a SiRgle family residential Rei �+ to nhberheerl [Ord. 4260 s 1 it h e) 2022• nra 3294 5 1, 2000i 4) d 20.21.025 Application and filing fee H LL Q 0 w nit�i develo pment code chill submit i, application rnteininn III of the d i nfr.rrRation required by ECDC Title 20 a %vell x the following inform Minn• E L 1 An offirlmiit Signed by then erty owner before o netnni ni iblis affirming that the � *thpr the PA;4iR building er the accessery dwelling unit fer more th-an Six Q Months of the year. d E 39 t t� 10 21 Packet Pg. 296 8.4.e DRAFT ADU CODE UPDATE —1337 v.5 W E I A. rovpnant in a form acceptable to the city attorney and suitahle for rprordingwith the C06IRty aL Arlitor providiRg Rothe to fl rtl lre AI-A-fR@rS or long term lessors of the c- ihiert site C� G that the Px6s;tpncta c4f thta accessory dwelling unit as predicated upon the occupancy of either 0 the accessery dwelling unit or the primary dweiHng by the c6irrpnt Awner Af the property, -0 0 U requiremeRtS ef subsectiOR (A)(!) of this sectien. The ceveno.n.t shall alse require any GWRe of the p party to nntifii n prospective hi pie of the limit ntinnc of this chapter nnrl to W O previde for the removal of improvements adder. to ce.novert thepremises tonaccessel��O O dwelling 6in*t-;;nd thp re4pratien Pf thp tp a SiRgle family dwelling 'R the event that an M N O condition of approval is vblate-d-. N 3 If thepermit lapses or the 6ise ceases, at the request of the applicant, the city shall Q r+ C 2#2Et W C G B. Ping Fee. All applications for an accessory dwelling unit permit shall be accompanied by the C Cd G - accessory dwelling URit conditional use permit 'a should he rl Bernrrl 3294 s 1, 20001 V S 7 0 L 22-n22nln iritnrin fnr ;itt;achpd accessory dwelling units S a+ d A. Permit Requirect. ARY person who occupies or permits another person to occupy aR attached accessGry clwell.ng 6init as a place of residenc;LQ shall first obtain . The permit shall be revievied L to 0) C d Nungber 4 Units. A single-family dwelling may h-avp no morp than one accessory dwelling LL n't per for Q,dLJin Q C. !;.i;zp. In nc) cas;ta s;hall an acressory dwelling unit be (1) larger than 40 of the livable 0 percent floor -area-a of the principal dwelling, (2) RGr more than 900 square feet, (3) Ror have morta than w+ C two bedreerns; If the acc-essopj dwelling WRk is cGrRpletely located GR a SiRgle floor, d provided, C the planning rnaRager may allnoei inrreacerl size p to 50 p eat of the floor area of thePr i iR long l3 RG pal dwelliRg order to efficieRtly use all floor area, so as all other standards set� forth in this chapter nre met Q C d E 40 t t� 10 Q Packet Pg. 297 8.4.e DRAFT ADU CODE UPDATE -1337 v.5 O E O E deSigR of the aGGeSSGr:y dWelliRg winit shall bea the design of the principal Q O dwel'!Rg 61Rit and shall be desigRed to rna*Rtan the _;;rcWtectural design, style, appearance and O U WiRdGW style, and roof • Q w poss 0 0 0 M N and tht- accessory dwelling , in't An additional mailbox can bt. addc-d to thp O dwelling unit fGWRd in Chapter 20.21 ECUC. -A.cc@s;s;Gry dWelliRg units must he located within or Q rr attached to single family dwelling units. i CW G E. PGr-king. GRe off street paFWRg space 'R addkiGR te the paF'('Rg spaces Rermally required fer c dC G c"ont loco than throe spaces rlot Q W O F. Qce4pGnWd Either the primary dWelliRg or the accessory dwelling unit shall be owner- U occup ed, "Qwner occupied" shall rneaR a preperty owner who makess his or hear legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means, and O actually resodes -at the site more th-an six rAQnthr o6it of aRy giveR year, and at RO tirAP rpGpi)42c; d it at any time during the pendency of the ADU permit; any such rental sh 11 g i he pe i to O The o,.ynerlol ohall not rent any portion of the o,�,ner_o�� nie.J resi.Jen�e either yJ�,rinn the i is m owner(s)'oecupancy or while tho Aviner abs;ent from the cm.vner-occupied unit for any period. m In nq Pvpnt shall theoccupants of the lot exceed one family as defined in this rofle LL G. SGfL2t)L Light VenWGtion, Roo.rArpa ond Vmilgr For -tors Accessory dwelhng units shall cornp! iR all respects with the PFGV*S'GRS of the FrArnends adopted by ECDC Title 19 and Shall COMply w+ C Community Development Code. No permit for an accessory dwelling unit shall be isq, -Pd to a d C nonconforming 4-ructure that s;tructi-ire is brought into conformancLa %A-fith thp then i this 'I � current provisions of code rorrl 4260 5 7 (Exh Al 2022• Ord. 3736 F 53 2009: Ord 3294 6 2000I Q C 41 t t� 10 Q Packet Pg. 298 8.4.e DRAFT ADU CODE UPDATE - 1337 v.5 42 Packet Pg. 299 8.4.e DRAFT ADU CODE UPDATE - 1337 v.5 20.35.020 Applicability. A. Planned residential developments (PRDs) may be located in any residential zone of the city Uses permitted in the PRD shall be governed by the use regulations of the underlying zoning classification. 1. PRDs in single-family zones shall be comprised of detached dwelling units on individual lots, and any appurtenant common open space, recreational facilities or other areas or facilities. a. The PRD process is not available to single-family lots that are incapable of further subdivision. b. The PRD process shall not be used to reduce any bulk or performance standard not specifically referenced herein. Bulk standards not referenced may be varied only in accordance with Chapter 20.85 ECDC, Variances, or through the modification provision provided through the subdivision process as outlined in Chapter 20.75 ECDC. B. Property included in a PRD application must be under the ownership of the applicant, or the applicant must be authorized pursuant to a durable power of attorney or other binding contractual authorization in a form which may be recorded in the land records of Snohomish County to process the application on behalf of all other owners. C. Accessery dwelling knits and h Home use occupations restricted by ECDC 20.20.010(B) shall not be permitted within a PRD. [Ord. 3465 § 1, 2003]. 21.05.015 Accessory dwelling unit, attached. An attached accessory dwelling unit iss a stru ct� ire attached- to Or Cn n-str ICter� ,., thin a ngle_ farnH dwelling (ADU) is a subordinate dwelling unit added to, created within, or detached from a principal dwelling unit, providing independent living facilities that include permanent provisions for livid sleeping, eating, cooking and sanitation. Accessory dwelling unit does not include recreational vehicles or mobile homes. which has living facilities for one individual nr family separate fi:om the primary single family qEbg"clwelling,�� including at least, but no limited to a kitchen bathroom and sleeping q carters 4n 4rll I Shall not hove its p ailbox 43 Commented [MC18]: The PRD code currently prc ADUs. That restriction is proposed to be eliminated PRD is just another type of single family residential subdivision. As long as the PRD lot can meet the AD requirements proposed in ECDC 16.20.050, it could ADU. C N E C Ni E a N n O V 0 Q 00 CD 0 0 cc N CD N 0 Q Packet Pg. 300 8.4.e DRAFT ADU CODE UPDATE —1337 v.5 water meter, gas meter, and all garbage must be kept within a screened area in. common to thp S!Rgle family herRe [Ord. 3294 § 2, 2000]. 21.30.010 Family. A. Family means individuals related or unrelated by genetics, adoption, or marriage living in a dwelling unit. B. The term "family" shall include: 1. State licensed adult family homes required to be recognized as residential use pursuant to Chapter 70.128 RCW; 2. State licensed foster family homes and group care facilities as defined in RCW 74.15.180, subject to the exclusion of subsection u of this section; 3. Group homes for the disabled required to be accommodated as residential uses pursuant to the Fair Housing Act amendments as the same exists or is hereafter amended. C. The term "family" shall exclude individuals residing in halfway houses, crisis residential centers as defined in RCW 74.15.020(1)(c), group homes licensed forjuvenile offenders, or other facilities, whether or not licensed by the state, where individuals are incarcerated or otherwise required to reside pursuant to court order under the supervision of paid staff and personnel. D. E.Nothing herein shall be interpreted to limit normal hosting activities associated with residential use. [Ord. 4260 § 4 (Exh. A), 2022; Ord. 3571 § 1, 2005; Ord. 3184 § 1, 1998]: 21.35.013 Gross Floor Area. An interior habitable area of an accessorydwelling unit, including basements and attics but not including unconditioned space, such as a garage or non -habitable accessory structures. 21.80.075 Principal dwelling unit) 44 _ E _ Q 0 U Q co 0 0 0 M N 0 N 0 Q r _ a> E _ m E Q a> 0 U s 0 s d •L N _ m I— LL Q G Commented [RH19]: Consistent with RCW 36.70, d E t t� " Commented [RH2O]: Consistent with RCW 36.70, Q c m E s t� 10 Q Packet Pg. 301 8.4.e DRAFT ADU CODE UPDATE -1337 v.5 Primary housing unit located on the same lot as an accessory dwelling unit. 21.90.080 Single-family dwelling (unit). Single-family dwelling (and single-family dwelling unit) means a detached building configured as described herein and occupied or intended to be occupied by one family, limited to one per lot. A single-family dwelling shall be limited to one mailbox, electric meter, gas meter, and water meter. It will also have common access to and common use of all living, kitchen, and eating areas within the dwelling unit. AA agldit'^^a' .,,;;iIhox can he added to the lot f * '� tpd -[Ord. 4260 § 5 (Exh. A), 2022] 01.m 45 Packet Pg. 302