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Ordinance 4375ORDINANCE NO.4375 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING NEW GREEN BUILDING INCENTIVES PROGRAM SECTIONS INTO TITLE 16 ("ZONE DISTRICTS") AND CHAPTER 19.00 ("BUILDING CODES") OF THE EDMONDS COMMUNITY DEVELOPMENT CODE. WHEREAS, the EPA defines green building as: "Structures that incorporate the principles of sustainable design -design in which the impact of a building on the environment will be minimal over the lifetime of that building. Green buildings incorporate principles of energy and resource efficiency, practical applications of waste reduction and pollution prevention, good indoor air quality and natural light to promote occupant health and productivity, and transportation efficiency in design and construction, during use and reuse;" and WHEREAS, Edmonds' 2020 Comprehensive Plan identified green building incentives as necessary to achieve the climate change goals; and WHEREAS, Edmonds' 2023 Climate Action Plan reaffirms that an incentive program is necessary to achieve climate neutrality; and WHEREAS, the Climate Action Plan aims to restrict the global average temperature increase to +1.5°C by Edmonds achieving climate neutrality by 2050; and WHEREAS, over half of Edmonds' local climate pollution stems from buildings, and, of those, two-thirds come from residences; and WHEREAS, staff began the legislative process with the proposed code amendments for green building incentives in January 2024; and WHEREAS, staff presents these revised draft code amendments to Council; and WHEREAS, the Planning Board recommended the attached draft code amendments to Council after a vote in favor at their July 24, 2024, meeting; and WHEREAS, the Mayors' Climate Protection Committee recommended the attached draft code amendments to Council after a vote in favor at their October 3, 2024, meeting; and WHEREAS, a review by the Public Safety, Parks and Human Services, and Planning Committee was held on November 19, 2024; and WHEREAS, staff subsequently revised the proposed amendments in response to Council input; and WHEREAS, those amendments are detailed in the agenda memo that accompanies this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Section 16.30.050 is hereby adopted into Chapter 16.30 ("RM — Multiple Residential") of the Edmonds Community Development Code, to read as follows: 16.30.050 Green building incentives. A. General. New multifamily residential buildings, as well as additions and remodels to existing multifamily residences, may earn reduced site development standards by receiving U.S. Green Building Council® Leadership in Energy and Environmental DesignTM (LEED) Gold, Master Builders Association of King and Snohomish Counties Built Green® 4-Star certification, or better. The appropriate LEED rating system depends on the project. B. Eligibility. These incentives are available to multifamily residential development only. Other uses permitted in this zone, whether primary or secondary uses, by right or conditionally permitted, or legal nonconforming, are ineligible for these incentives. See Chapter 17.100 for incentives for community facilities. Each building receives incentives independently for their individual certification. C. Height. Certified multifamily residences are allowed an additional five feet above the stated height limit of ECDC 16.30.030(A), to a total of 30 feet. Certified development may leverage the five-foot pitched roof height bonus of ECDC 16.30.030(A)(1) for all portions above 30 feet. D. Parking. Certified multifamily residential development must provide at least one off-street parking space per dwelling unit rather than the requirements of ECDC 17.50.020(A)(1)(b). Electric vehicle parking standards of Chapter 17.115 remain calculated off standard parking requirements. E. Enforcement. Development granted green building incentives but then unable to achieve the requirements are subject to the enforcement measures of Chapter 19.00 ECDC. F. Permit Review. Green buildings are eligible to receive expedited plan review, as 2 established by ECDC 19.00.050. Section 2. A new Section 16.45.040 is hereby adopted into Chapter 16.45 ("BN — Neighborhood Business") of the Edmonds Community Development Code, to read as follows: 16.45.040 Site development exceptions — green building incentives. A. General. New buildings, as well as additions and remodels to existing permitted buildings, may earn reduced site development standards by receiving U.S. Green Building Council® Leadership in Energy and Environmental DesignTM (LEED) Gold certification, Master Builders Association of King and Snohomish Counties Built Green® 4-Star, or better. The appropriate LEED rating system depends on the project. Each building receives incentives independently for their individual certification. B. Eligibility. Development of new single-family residences is ineligible for these incentives. Remodels of and additions to existing single-family residences can earn the incentives for the RS zone instead (see ECDC 16.20.060). See Chapter 17.100 for incentives for community facilities. C. Height. Development certified LEED Gold, Built Green® 4-Star, or better may receive an additional five feet above the stated height limit of ECDC 16.45.020(A) where all portions of the roof above 25 feet are sloped four inches in twelve inches or greater. D. Parking. Development certified LEED Gold, Built Green® 4-Star, or better must provide at least one parking space per 500 square feet of commercial floor area and/or one parking space per dwelling unit. Electric vehicle parking standards of Chapter 17.115 remain calculated off standard parking requirements. E. Enforcement. Development granted these incentives but then fail to achieve the requirements are subject to the enforcement measures of ECDC 17.XX. F. Permit Review. Green buildings are eligible to receive expedited plan review, as established by ECDC 19.00.050. Section 3. A new Section 16.50.040 is hereby adopted into Chapter 16.50 (`BC — Community Business") of the Edmonds Community Development Code, to read as follows: 16.50.040 Green building incentives. A. General. New buildings, as well as additions and remodels to existing permitted buildings, may earn reduced site development standards by receiving U.S. Green Building Council® Leadership in Energy and Environmental DesignTM (LEED) Gold, Master Builders Association of King and Snohomish Counties Built Green(V 4-Star 3 certification, or better. The appropriate LEED rating system depends on the project. Each building receives incentives independently for their individual certification. B. Eligibility. Development of new single-family residences are ineligible for these incentives. Remodeled existing single-family residences can earn the incentives for the RS zone instead (see ECDC 16.20.060). See Chapter 17.100 for incentives for community facilities. C. Height. Certified development is allowed an additional five feet above the stated height limit of ECDC 16.50.020(A) in addition to the standard pitched roof height bonus of ECDC 16.50.020(A)(2). D. Parking. Development certified LEED Gold, Built Green® 4-Star, or better must provide at least one parking space per 500 square feet of commercial floor area and/or one parking space per dwelling unit instead of the parking required by Chapter 17.50. Electric vehicle parking standards of Chapter 17.115 remain calculated off standard parking requirements. E. Enforcement. Development granted these incentives but then unable to achieve the requirements are subject to the enforcement measures of ECDC 17.XX. F. Permit Review. Green buildings are eligible to receive expedited plan review, as established by ECDC 19.00.050. Section 4. A new Section 16.53.030 is hereby adopted into Chapter 16.53 (`BP — Planned Business") of the Edmonds Community Development Code, to read as follows: 16.53.030 Site development exceptions — green building incentives. A. General. New commercial buildings, as well as additions and remodels to existing commercial buildings, may earn reduced site development standards by receiving U.S. Green Building Councils Leadership in Energy and Environmental DesignTM Gold certification or better. The appropriate LEED rating system depends on the project. Each building receives incentives independently for their individual certification. B. Eligibility. Development of new single-family residences cannot receive these green building incentives. See Chapter 17.100 for incentives for community facilities. C. Height. Certified development receives an additional five feet to the height maximum, in addition to the standard pitched roof height bonus of ECDC 16.53.020(A)(2). D. Parking. Development certified LEED Gold or better must provide at least one parking space per 500 square feet of commercial floor area instead of parking required by Chapter 17.50. Electric vehicle parking standards of Chapter 17.115 remain 4 calculated off standard parking requirements. E. Enforcement. Development granted these incentives but then fails to achieve the requirements are subject to the enforcement measures of Chapter 19.00 ECDC. F. Permit Review. Green buildings are eligible to receive expedited plan review, as established by ECDC 19.00.050. Section 5. A new Section 16.55.040 is hereby adopted into Chapter 16.55 ("CW — Commercial Waterfront") of the Edmonds Community Development Code, to read as follows: 16.55.040 Green building incentives. A. General. New buildings, as well as additions or remodels to existing permitted buildings, may earn reduced site development standards by receiving U.S. Green Building Councils Leadership in Energy and Environmental DesignTM (LEED) Gold certification or better. The appropriate LEED rating system depends on the project. Each building receives incentives independently for their individual certification. B. Eligibility. See Chapter 17.100 for incentives for community facilities. C. Height. Certified development can receive an additional five feet above the stated height limit in ECDC 16.55.020. Building heights remain subject to the Shoreline Management Act — RCW 90.58. D. Parking. Development certified LEED Gold or better must provide at least one parking space per 500 square feet of commercial floor area instead of parking required by Chapter 17.50. Electric vehicle parking standards of Chapter 17.115 remain calculated off standard parking requirements. E. Enforcement. Development granted these incentives but then fails to achieve the requirements are subject to the enforcement measures of Chapter 19.00 ECDC. F. Permit Review. Green buildings are eligible to receive the expedited plan review, as established by ECDC 19.00.050. Section 6. A new Section l 6.60.050 is hereby adopted into Chapter 16.60 ("CG — General Commercial Zone") of the Edmonds Community Development Code, to read as follows: E 16.60.050 Green building incentives. A. General. New buildings, as well as additions or remodels to existing permitted buildings, may earn reduced site development standards by receiving U.S. Green Building Council® Leadership in Energy and Environmental Design TM (LEED) Gold certification, Master Builders Association of King and Snohomish Counties Built Green® 4-Star certification, or better. The appropriate LEED rating system depends on the project. Each building receives incentives independently for their individual certification. B. Eligibility. These incentives are available to commercial, multifamily residential, and mixed -use development only. Development of new single-family residences is ineligible for these incentives. See Chapter 17.100 for incentives for community facilities. C. Parking. Multifamily residential development certified LEED Gold, Built Green® 4-Star, or better must provide at least one off-street parking space per dwelling unit rather than the standards of ECDC 16.60.030(B)(1). Electric vehicle parking standards of Chapter 17.115 remain calculated off standard parking requirements. D. Enforcement. Development granted these incentives but then fails to achieve the requirements are subject to the enforcement measures of Chapter 19.00 ECDC. E. Permit Review. Green buildings are eligible to receive the expedited plan review, as established by ECDC 19.00.050. Section 7. A new Section 19.00.050 is hereby adopted into Chapter 19.00 ("Building Code") of the Edmonds Community Development Code, to read as follows: 19.00.050 Green building incentives. Projects qualifying for Green Building Incentives as allowed in Title 16 ECDC shall be eligible for expedited plan review as administered by the Planning and Development Department. A. Enforcement. Projects participating in the green building incentives program will require proof of certification prior to issuance of certificate of occupancy. B. Failure to achieve certification will require posting a two-year performance bond in favor of the City. Bond amounts will be based on the following: Expedited permit review bond valued at 50% of the building permit fee. 2. Land use incentive bond valued at 5% of the project valuation. C1l C. Bonds shall be released upon approval of certification. In the event where certification is not achieved within two years, the bond will be surrendered to the City as a penalty. Expedited permit review bond amounts will be processed as permit fee revenue. Land use incentive bond amounts will be directed into the City's general fund. Section 8. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 9. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE ROSEN ATTEST/AUTHENTICATED: a 4roy APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: JEFF TARADAY FILED WITH THE CITY CLERK: December 5, 2024 PASSED BY THE CITY COUNCIL: December 10, 2024 PUBLISHED: December 13, 2024 EFFECTIVE DATE: December 18, 2024 ORDINANCE NO. 4375 7 SUMMARY OF ORDINANCE NO.437S of the City of Edmonds, Washington On the l01h day of December, 2024, the City Council of the City of Edmonds, passed Ordinance No. 4375. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING NEW GREEN BUILDING INCENTIVES PROGRAM SECTIONS INTO TITLE 16 ("ZONE DISTRICTS") AND CHAPTER 19.00 ("BUILDING CODES") OF THE EDMONDS COMMUNITY DEVELOPMENT CODE. The full text of this Ordinance will be mailed upon request. DATED this l 01h day of December, 2024. CITY CLERK, SCO ASSEY 8 Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH1006515 ORD 4374-4375 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 12/13/2024 and ending on 12/13/2024 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount f the fee for ch publication is $36.12. Subscribed and sworn before me on this ' 3Jejn day of IJQL' �.y�.�e �� 0j I I I I III/,/,, -'� p�sA''% p�20ssi�0 2 BLIC Qrn Notary Public in and for the State of Op Washington. City of Edmonds • LEGALADS 114101416 IV►%AS111�G` l l t l l t t t SCOW PASSEY Classified Proof of the IL a �dmo— rWisFiinglon On the 101h Day of December, 2024, l6 Cdy CAUncll of the City of Etlmands. passed the following Ordinances. the summary of said ardlnan<ea cons1s161g of sties are provided as follows AN ORDINANCE ( EASE THE BASE FINE FOR THE FINE STRUCTURE; ;ILITY. AND SETTING AN AN ORDINANCE OF THE CITY OF EDMONDS. WASHINGTON. ADOPTING NEW GREEN BUILDING INCENTIVES PROGRAM SECTIONS INTO TITLE 16 C'ZONE DISTRICTS') AND CHAPTER 19.00 ('BUILDING CODES') OF THE EDMONDS COMMUNITY DEVELOPMENT CODE. DATED lima 10th Day of December, 2024. CITY CLERK, $COTT PASSEY Published; December 13, 2024. ED141006516 Proofed by Pospical, Randie, 12/13/2024 09:07:57 am Page: 2