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Ordinance 4389 ORDINANCE NO. 4389 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN INTERIM REGULATION TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES ON A TEMPORARY BASIS, SETTING ONE YEAR AS THE EFFECTIVE PERIOD OF THE INTERIM REGULATION AND ADOPTING A WORK PLAN. WHEREAS, the city council adopted Ordinance 4217 on March 2, 2021, establishing an interim regulation to temporarily prohibit the removal of certain landmark trees; and WHEREAS, the city council adopted Resolution 1471 on April 27, 2021, adopting findings of fact to justify the earlier adoption of the interim ordinance and extending its effectiveness until September 2, 2021; and WHEREAS, Ordinance 4217 was intended to be temporary while the city continued work on drafting permanent revisions to the tree code; and WHEREAS, Ordinance 4217 was not renewed or extended after it expired on September 2, 2021; and WHEREAS, the tree code amendments that were contemplated in 2021 were delayed due to various staffing changes and reductions in the planning and development department and the need to prioritize the periodic update of the comprehensive plan; and WHEREAS, the 2023 Climate Action Plan, adopted on March 21, 2023, via Resolution 1518, reinforces the importance of protecting and maintaining the city’s tree canopy; and WHEREAS, the city council would like to renew the effort to protect landmark trees in conjunction with its ongoing development code update, which arises from the recently adopted periodic update to the city’s comprehensive plan; and WHEREAS, this ordinance will provide temporary protection to trees that have a diameter at breast height of thirty inches or more; and WHEREAS, it will take about a year for the City to evaluate and consider the merits, scope, and details of its permanent regulation; and WHEREAS, the city council desires to adopt the following interim regulation to temporarily protect landmark trees while this work can be done; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Section 1. Purpose. The purpose of this interim regulation is to temporarily protect certain landmark trees from “tree removal” as that term is defined in ECDC 23.10.020.V. This temporary protection is intended to be in place while the city establishes permanent regulations to govern the removal of such trees. For the purposes of this ordinance, a “landmark tree” shall be defined as any tree with a diameter at breast height (DBH) of thirty inches or more. Section 2. Applicability. The permitting exemption contained in ECDC 23.10.040.A shall not extend to landmark trees. This ordinance shall not apply to any tree removal associated with and permitted through a complete building permit application that has already been submitted. This ordinance shall not apply to trees proposed to be removed in conjunction with development activity pursuant to ECDC 23.10.060. This ordinance shall not apply to a tree removal permit that has already issued. Section 3. Prohibition. For as long as this ordinance remains in effect, it shall be unlawful to direct any act of tree removal toward a landmark tree, as that term is defined in Section 1, above, unless the landmark tree also meets the definition of hazard tree in ECDC 23.10.020.H or nuisance tree in 23.10.020.N. Section 4. Duration of Interim Regulations. As long as the City holds a public hearing on the interim regulations, the interim regulations shall not terminate until one year after the effective date of this ordinance, unless it is repealed sooner. The city council hereby adopts the work plan attached as Exhibit A hereto to justify the one-year period of this interim ordinance pursuant to RCW 36.70A.390. Section 5. Public Hearing on Interim regulations. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the City Council shall hold a public hearing on this interim regulation within APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: April 17, 2025 PASSED BY THE CITY COUNCIL: April 21, 2025 PUBLISHED: April 24, 2025 EFFECTIVE DATE: April 29, 2025 ORDINANCE NO.: 4389 1 SUMMARY OF ORDINANCE NO. 4389 of the City of Edmonds, Washington On the 21st day of April, 2025, the City Council of the City of Edmonds, passed Ordinance No. 4389. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN INTERIM REGULATION TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES ON A TEMPORARY BASIS, SETTING ONE YEAR AS THE EFFECTIVE PERIOD OF THE INTERIM REGULATION AND ADOPTING A WORK PLAN. The full text of this Ordinance will be mailed upon request. DATED this 21st day of April, 2025. CITY CLERK, SCOTT PASSEY Exhibit A Work Plan for Developing a Permanent Tree Code to Protect Landmark Trees • Study case law application of “takings” issues related to trees (June-July 2025) • Analyze city’s tree permit types and trends in recent years (July- August –2025) • Identify and evaluate specific problems with the existing tree code (August- September, 2025) • Clarify intent in updating the tree code (October 2025) • Clarify key definitions, including definition of landmark trees October 2025) • Study options for tree removal and replacement requirements (November- December 2025) • Analyze types of tree permits needed and the processes to make them effective (December 2025-January 2026) • Study options for enforcement of tree regulations (January 2026) • Identify level of staffing needed to implement and enforce permanent tree code ordinance (February 2026) • Develop specific draft language for updating tree code and get input from Planning Board and public (February-March 2026) • Bring draft code to City Council, have public hearing, and adopt final version (March-April 2026)