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2025-05-27 City Council PacketAgenda Edmonds City Council REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 MAY 27, 2025, 6:00 PM Edmonds City Council Agenda May 27, 2025 Page 1 REGULAR COUNCIL MEETINGS ARE STREAMED LIVE ON THE COUNCIL MEETING WEBPAGE, COMCAST CHANNEL 21, AND ZIPLY CHANNEL 39. TO ATTEND VIRTUALLY, CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM.US/J/95798484261 BY PHONE: +1 253 215 8782 WEBINAR ID: 957 9848 4261 1. CALL TO ORDER/FLAG SALUTE 2. LAND ACKNOWLEDGEMENT 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 4. APPROVAL OF THE AGENDA 5. PRESENTATIONS 1. Community Poll Results on City Budget (30 min) 2. Mayor's Finance Update (10 min) 6. 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. IF USING A COMPUTER OR SMART PHONE, RAISE A VIRTUAL HAND TO BE RECOGNIZED. IF USING A DIAL- UP PHONE, PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE. 7. RECEIVED FOR FILING 8. APPROVAL OF THE CONSENT AGENDA Edmonds City Council Agenda May 27, 2025 Page 2 1. Approval of Council Special Meeting/Retreat Minutes May 9, 2025 2. Approval of Council Meeting Minutes May 13, 2025 3. Approval of Council Committee B Minutes May 20, 2025 4. Approval of payroll and benefit checks, direct deposit and wire payments. 5. Approval of claim checks and wire payments. 6. 4th of July Parade & Race, Porchfest Edmonds and Edmonds Block Party (formerly Taste Edmonds) Special Event Agreements 7. Fiber partners ILA consent 8. Approval of ILA for the Commute Trip Reduction Plans and Programs 9. South County Fire RFA Annexation Implementation 10. Award Construction Contract to Shoreline Construction for the Phase 15 Waterline Replacement Project 9. PUBLIC HEARING 1. Design Review Code Update: Public Hearing (PLN2024-0009) (40 min) 10. COUNCIL BUSINESS 1. Main St. Overlay Project Update (6th Ave-8th Ave) (10 min) 2. Middle Housing Development Code Update: Planning Board Recommendation (40 min) 3. WRIA 8 Salmon Recovery Council Interlocal Agreement Renewal (2026-2035) (10 min) 4. City Reorganization - City Administrator Creation (30 min) 11. COUNCIL COMMENTS 12. MAYOR'S COMMENTS 13. CONVENE IN EXECUTIVE SESSION TO DISCUSS PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(I) 14. RECONVENE IN OPEN SESSSION ADJOURNMENT City Council Agenda Item Meeting Date: 05/27/2025 Community Poll Results on City Budget Staff Lead: Council President Tibbott Department: City Council Preparer: Beckie Peterson Background/History Edmonds has many engaged community groups, each committed and invested to improving Edmonds in some way. This year especially, renewed and shared interest in Edmonds' fiscal challenges have brought new groups together. What Should Edmonds Be? has been a month-long initiative of hosted community forums, workshops and online conversation with Edmonds residents. A community online poll was conducted, asking residents to share their unique ideas for the future of Edmonds, including new and sustaining revenues to support local services and amenities. Recommendation Presentation Only. Narrative Community volunteers Adel Sefrioui, Elise Randall Hill, Mackey Guenther and Erik Hauser will share compiled ideas, data and analysis from the community poll What Should Edmonds Be? for Council's consideration. 5.1 Packet Pg. 3 City Council Agenda Item Meeting Date: 05/27/2025 Mayor's Finance Update Staff Lead: Mayor Rosen Department: Mayor's Office Preparer: Beckie Peterson Background/History On July 2, 2024 the council voted to have a Mayor Update as an ongoing item on all regular meeting agendas. This was in response to a recommendation from the Mayor's Blue Ribbon Panel. Staff Recommendation No action, informational Narrative The Mayor, or another member of the administration, will answer questions about City finances that have been requested by council in advance and will also share actions related to the fiscal emergency that have transpired since the last update. When there is nothing new to report, this agenda item will be the opportunity to share that there is nothing new to report. 5.2 Packet Pg. 4 City Council Agenda Item Meeting Date: 05/27/2025 Approval of Council Special Meeting/Retreat Minutes May 9, 2025 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 N/A Attachments: 2025-05-09 Council Retreat Minutes Draft 8.1 Packet Pg. 5 Edmonds City Council Special Retreat Minutes May 9, 2025 Page 1 EDMONDS CITY COUNCIL SPECIAL MEETING BUDGET RETREAT ACTION MINUTES May 9, 2025 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Will Chen, Councilmember Neil Tibbott, Council President Michelle Dotsch, Councilmember Susan Paine, Councilmember Chris Eck, Councilmember Jenna Nand, Councilmember Vivian Olson, Councilmember OTHERS PRESENT Mike Bailey STAFF PRESENT Jeff Taraday, City Attorney Todd Tatum, CCED Director Rod Sniffen, Acting Police Chief Richard Gould, Finance Director Angie Feser, PRHS Director Mike Clugston, Acting PDS Director RaeAnn Duarte, HR Manager Uneek Maylor, Court Administrator Phil Williams, Interim PW Director Beckie Peterson, Legislative Assistant Scott Passey, City Clerk 1. CALL TO ORDER/FLAG SALUTE The Edmonds City Council Special meeting was called to order at 9:00 pm by Mayor Rosen in the Brackett Room, 121 5th Avenue North, Edmonds, and virtually. 1. ICEBREAKER The group engaged in a trivia icebreaker activity. 2. OPENING COMMENTS/REVIEW AGENDA Mayor Rosen outlined the structure and format of the meeting. 3. BUDGET A. UPDATED REVENUE AND EXPENSE PROJECTIONS Director Gould outlined revenue and expense projections, and the methodology used to arrive at his conclusions. 4. SCENARIO #1 – $6M AS BUDGETED 8.1.a Packet Pg. 6 At t a c h m e n t : 2 0 2 5 - 0 5 - 0 9 C o u n c i l R e t r e a t M i n u t e s D r a f t ( A p p r o v a l o f C o u n c i l S p e c i a l M e e t i n g / R e t r e a t M i n u t e s M a y 9 , 2 0 2 5 ) Edmonds City Council Special Retreat Minutes May 9, 2025 Page 2 A. BENEFITS B. RISKS Staff presented the first scenario – a budget that assumes a successful $6 million levy lift. Under this scenario, the city will be operating under the status quo but with fewer staff and more limited resources than in the past. Staff outlined the impacts and service reductions resulting from this scenario. Councilmembers’ questions and feedback focused on potential negative impacts of deferred maintenance and training, the reprioritizing of law enforcement, crime prevention, court, legal and safety risks, asset management, and technology. 5. BREAK The meeting recessed from 10:30-10:43 am. 6. SCENARIO #2 - COMMUNITY VISION A. BENEFITS B. RISKS C. PROCESS Mayor Rosen introduced Scenario #2, which assumes a higher levy lid lift to restore service levels, improve quality of life, and implement a more robust funding model. This scenario is informed by a combination of Community Priorities, administrative analysis, and regional comparables. Mr. Bailey discussed comparables and the price of government. Council discussion focused on the following points: • The need for a sustainable and vibrant city; • The importance of community feedback on services like outsourcing police and selling assets; • The challenges of comparing cities due to differing demographics and services; • The need for strategic financial planning, including revenue and expense gaps; • Specific metrics such as the price of government and the impact of infrastructure maintenance on long-term costs; • The importance of transparency and community engagement in budget decisions; • Defining the budget in terms of priorities and service levels rather than numbers/costs so it becomes a real choice for voters. 7. LUNCH 8.1.a Packet Pg. 7 At t a c h m e n t : 2 0 2 5 - 0 5 - 0 9 C o u n c i l R e t r e a t M i n u t e s D r a f t ( A p p r o v a l o f C o u n c i l S p e c i a l M e e t i n g / R e t r e a t M i n u t e s M a y 9 , 2 0 2 5 ) Edmonds City Council Special Retreat Minutes May 9, 2025 Page 3 The meeting recessed for lunch from 12:00-12:35. 8. SCENARIO #3 - NO LEVY/LEVY FAIL A. BENEFITS B. RISKS Department directors outlined the staff, service, and program cuts as well as the ancillary impacts that would take place as a result of the No Levy or Levy Fail scenarios. The ensuing discussion focused on the importance of detailing the impacts of a no/failed levy so voters have a clear choice, and council can implement a budget immediately following the vote, should one occur. 9. REVENUE IDEAS AND OTHER REGULATORY TOOLS TO OFFSET THE COST OF CITY OPERATIONS The Council then considered a draft list of possible revenue and other regulatory tools to offset the cost of city operations. The following items were discussed: • Selling city assets, including City Hall • Park program fees • Engineering permit fees • Pet licensing fees • Tax increment financing • Annexing Esperance • False alarm fees • Installing parking meters • .01% Public safety sales tax 10. LEVY OVERVIEW AND TIMELINES Beckie Peterson, Legislative Assistant, explained how the levy rate is calculated and provided an overview and timeline of a levy lid lift ballot measure. The council discussed the merits and scope of temporary vs permanent and a single-year vs multi-year levy as explained by Mr. Bailey. The city is required to state a purpose if it chooses a multi-year levy. 11. NEXT STEPS AND ENGAGING THE COMMUNITY Mayor Rosen outlined the next steps for engaging the community, which will include public meetings, mailers, information on the city website, and FAQs. 8.1.a Packet Pg. 8 At t a c h m e n t : 2 0 2 5 - 0 5 - 0 9 C o u n c i l R e t r e a t M i n u t e s D r a f t ( A p p r o v a l o f C o u n c i l S p e c i a l M e e t i n g / R e t r e a t M i n u t e s M a y 9 , 2 0 2 5 ) Edmonds City Council Special Retreat Minutes May 9, 2025 Page 4 The Council shared ideas on the type, scope, and messaging of a potential levy lid lift ballot measure. ADJOURNMENT The meeting was adjourned at 3:43 pm. 8.1.a Packet Pg. 9 At t a c h m e n t : 2 0 2 5 - 0 5 - 0 9 C o u n c i l R e t r e a t M i n u t e s D r a f t ( A p p r o v a l o f C o u n c i l S p e c i a l M e e t i n g / R e t r e a t M i n u t e s M a y 9 , 2 0 2 5 ) City Council Agenda Item Meeting Date: 05/27/2025 Approval of Council Meeting Minutes May 13, 2025 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 N/A Attachments: 2025-05-13 Council Minutes Draft 8.2 Packet Pg. 10 Edmonds City Council Minutes May 13, 2025 Page 1 EDMONDS CITY COUNCIL MEETING ACTION MINUTES May 13, 2025 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Will Chen, Councilmember Neil Tibbott, Council President Michelle Dotsch, Councilmember Susan Paine, Councilmember Chris Eck, Councilmember Jenna Nand, Councilmember Vivian Olson, Councilmember STAFF PRESENT Jeff Taraday, City Attorney Todd Tatum, CCED Director Mike Clugston, Acting Planning Director Brad Shipley, Senior Planner Scott Passey, City Clerk 1. CALL TO ORDER/FLAG SALUTE The Edmonds City Council meeting was called to order at 6:00 pm by Mayor Rosen in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Council President Tibbott read the City Council Land Acknowledgement Statement. 3. ROLL CALL City Clerk Passey called the roll. All elected officials were present. 4. PRESENTATION 1. MAYOR’S FINANCE UPDATE Mayor Rosen commented on finance and budget issues. 5. APPROVAL OF AGENDA COUNCILMEMBER OLSON MOVED APPROVAL OF THE AGENDA. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS 8.2.a Packet Pg. 11 At t a c h m e n t : 2 0 2 5 - 0 5 - 1 3 C o u n c i l M i n u t e s D r a f t ( A p p r o v a l o f C o u n c i l M e e t i n g M i n u t e s M a y 1 3 , 2 0 2 5 ) Edmonds City Council Minutes May 13, 2025 Page 2 1. Richard Marin and Joan Longstaff, Edmonds, commented on the Memorial Day event at the Edmonds Cemetery. 2. Elizabeth Canard, Edmonds, commented on the proposed traffic calming device on 9th Ave. 3. Bill Krepick, Woodway, commented on the impacts of the RFA annexation vote. 7. RECEIVED FOR FILING 1. MARCH 2025 QUARTERLY FINANCIAL REPORT 2. 2024 TRANSPORTATION IMPACT FEE ANNUAL REPORT 3. OUTSIDE BOARDS AND COMMITTEE REPORTS 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER PAINE MOVED APPROVAL OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL COMMITTEE A MINUTES MAY 6, 2025 2. APPROVAL OF COUNCIL MINUTES MAY 6, 2025 3. APPROVAL OF CLAIM CHECKS. 4. CJTC INTERAGENCY AGREEMENT FOR INSTRUCTORS 5. UW PD CONTRACT FOR OFFICER OVERTIME 6. ILA SNO911 7. PET DATA CONTRACT 8. AN ORDINANCE OF THE CITY OF EDMONDS GRANTING TO MCIMETRO ACCESS TRANSMISSION SERVICES, LLC, DBA VERIZON ACCESS TRANMISSION SERVICES, A DELAWARE LIMITED LIABILITY COMPANY, (MCI) ITS SUCCESSORS AND ASSIGNS, AN EXTENSION AND CONTINUATION OF ITS NONEXCLUSIVE FRANCHISE TO INSTALL, OPERATE, AND MAINTAIN A TELECOMMUNICATIONS SYSTEM IN THE RIGHT-OF-WAY, ESTABLISHING AN EFFECTIVE DATE. 9. APPROVAL OF LAG AGREEMENT FOR THE SAFETY ACTION PLAN 10. JOB ORDER CONTRACTING PROGRAM - REQUEST FOR PROPOSALS FOR PRIME CONTRACTORS 9. PUBLIC HEARING 1. DESIGN REVIEW CODE UPDATE: PUBLIC HEARING (PLN2024-0009) Mike Clugston, Acting Planning Director, introduced this item and suggested that the public hearing be continued to May 27 because the correct attachment was not included in the packet materials. Mayor Rosen opened the public hearing. 8.2.a Packet Pg. 12 At t a c h m e n t : 2 0 2 5 - 0 5 - 1 3 C o u n c i l M i n u t e s D r a f t ( A p p r o v a l o f C o u n c i l M e e t i n g M i n u t e s M a y 1 3 , 2 0 2 5 ) Edmonds City Council Minutes May 13, 2025 Page 3 1. Marjie Fields, Edmonds, what’s going to happen with open space, infrastructure, can’t get answers, 35% property coverage. COUNCIL PRESIDENT TIBBOTT MOVED TO CONTINUE THE HEARING ON MAY 27, 2025. MOTION CARRIED UNANIMOUSLY. 10. COUNCIL BUSINESS 1. RESOLUTION CHANGING PUBLIC HEARING DATE ON ORDINANCE ESTABLISHING INTERIM REGULATIONS PERTAINING TO LANDMARK TREES COUNCILMEMBER PAINE MOVED TO ADOPT THE RESOLUTION CHANGING THE PUBLIC HEARING DATE ON THE ORDINANCE ESTALBISHING INTERIM REGULATIONS PERTAINING TO LANDMARK TREES. MOTION CARRIED UNANIMOUSLY. 2. BUSINESS LICENSE FEE UPDATE Scott Passey, City Clerk, presented the business license fee update, explaining that council has the option of raising the fees based on an inflation-adjusted flat rate or a variable rate model based on employees/hours. COUNCILMEMBER NAND MOVED TO DIRECT THE CITY ATTORNEY TO DRAFT AN ORDINANCE WITH OPTIONS FOR A TIERED ORIGINATION FEE UPDATE AND TO REMOVE THE REQUIREMENT THAT APPLICANTS SUBMIT A SCALED DRAWING OF THEIR BUSINESS FLOOR PLAN WHEN APPLYING FOR A BUSINESS LICENSE IN EDMONDS. Council discussed the merits of the different rate models and floor plan requirements, MOTION FAILED 3-4 WITH COUNCILMEMBERS NAND, OLSON AND COUNCIL PRESIDENT TIBBOTT VOTING IN FAVOR AND COUNCILMEMBERS ECK, DOTSCH, PAINE, AND CHEN VOTING AGAINST. COUNCILMEMBER PAINE MOVED TO DIRECT THE CITY ATTORNEY TO DRAFT AN ORDINANCE WITH UPDATED LICENSE FEES REFLECTING A 49.5% INFLATION FACTOR AND REMOVING THE REQUIREMENT THAT APPLICANTS SUBMIT A SCALED DRAWING OF THE FLOOR PLAN. COUNCILMEMBER OLSON MOVED TO ADD A CARVE OUT FOR SINGLE EMPLOYEE BUSINESSES. MOTION FAILED 2-5 WITH COUNCILMEMBER OLSON AND COUNCIL PREISDENT TIBBOTT VOTING IN FAVOR AND COUNCILMEMBERS ECK, CHEN, DOTSCH, PAINE, AND NAND VOTING AGAINST. 8.2.a Packet Pg. 13 At t a c h m e n t : 2 0 2 5 - 0 5 - 1 3 C o u n c i l M i n u t e s D r a f t ( A p p r o v a l o f C o u n c i l M e e t i n g M i n u t e s M a y 1 3 , 2 0 2 5 ) Edmonds City Council Minutes May 13, 2025 Page 4 MAIN MOTION TO DIRECT THE CITY ATTORNEY TO DRAFT AN ORDINANCE THAT UPDATES THE FEE STRUCTURE REFLECTING 49.5% INFLATION AND TO OMIT THE REQUIREMENT FOR SCALED DRAWINGS CARRIED 5-2, WITH COUNCILMEMBERS OLSON, ECK, PAINE, CHEN, AND COUNCIL PRESIDENT TIBBOTT VOTING IN FAVOR AND COUNCILMEMBERS DOTSCH AND NAND VOTING AGAINST. 3. CITY BUDGET SCENARIO DISCUSSION Mayor Rosen reviewed the budget scenarios as presented at the special meeting/retreat and outlined where potential budget cuts would be contemplated depending on the outcome of levy lid lift. Council questions and feedback focused on department impacts, budget line items, and budget priorities methodology. 11. COUNCIL COMMENTS Councilmembers commented on various issues. 12. MAYOR’S COMMENTS Mayor Rosen provided comments. 13. CONVENE IN EXECUTIVE SESSION TO DISCUSS PENDING OR POTENTIAL LITIGATION At 7:39 pm, Mayor Rosen announced that the council would recess into an executive session to discuss pending or potential litigation per RCW 42.30.110(1)(i) until 8:40 pm. At 8:38 p.m., Mayor Rosen announced that the executive session would be extended until 8:50 p.m. 14. RECONVENE IN OPEN SESSION At 8:50 pm, the meeting reconvened. ADJOURNMENT The meeting was adjourned at 8:50 pm. 8.2.a Packet Pg. 14 At t a c h m e n t : 2 0 2 5 - 0 5 - 1 3 C o u n c i l M i n u t e s D r a f t ( A p p r o v a l o f C o u n c i l M e e t i n g M i n u t e s M a y 1 3 , 2 0 2 5 ) City Council Agenda Item Meeting Date: 05/27/2025 Approval of Council Committee B Minutes May 20, 2025 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 N/A Attachments: 2025-05-20 Council Committee B Minutes 8.3 Packet Pg. 15 Minutes COUNCIL COMMITTEE B MEETING May 20, 2025 Elected Officials Present Staff Present Councilmember Nand (Chair) Councilmember Eck Councilmember Olson Council President Pro Tem Paine (ex-officio) Angie Feser, Parks, Recreation & Human Services Dir. Shannon Burley, Deputy Director PRHS Rob English, City Engineer Bertrand Hauss, Traffic Engineer Phil Williams, Interim Public Works Director Scott Passey, City Clerk 1. CALL TO ORDER The Edmonds City Council Committee B meeting was called to order virtually and in the City Council Conference Room, 121 – 5th Avenue North, Edmonds, at 3:00 pm by Councilmember Nand. 2. COMMITTEE BUSINESS 1. 4th of July Parade & Race, Porchfest Edmonds and Edmonds Block Party (formerly Taste Edmonds) Special Event Agreements Deputy Dir. Burley outlined the terms, conditions, and staff resources of the summer special event agreements. Council questions and feedback focused on cost recovery. Committee recommendation: Consent 2. Presentation of an Interlocal Agreement for Commute Trip Reduction Plan and Programs Bertrand Hauss, Transportation Engineer, presented an updated Commute Trip Reduction agreement, which would be effective June 2025 through June 2029. Committee recommendation: Consent 3. Presentation of Construction Contract for the Phase 15 Waterline Replacement Project Rob English, City Engineer, presented the proposed contract and scope of work, which is part of the City’s annual program to replace and upgrade existing water lines and funded by the Water Utility Fund. Council questions and feedback focused on process, bidder experience requirements, reference checks, and a detailed agenda memo for the consent agenda. Committee recommendation: Consent 8.3.a Packet Pg. 16 At t a c h m e n t : 2 0 2 5 - 0 5 - 2 0 C o u n c i l C o m m i t t e e B M i n u t e s ( A p p r o v a l o f C o u n c i l C o m m i t t e e B M i n u t e s M a y 2 0 , 2 0 2 5 ) 5/20/2025 Committee B Minutes, Page 2 4. Interlocal Agreement with WSDOT for Highway 99 Revitalization Project - Stage 3 Mr. Hauss presented the interlocal agreement, which commits WSDOT to fund several aspects of the Stage 3 Hwy 99 Project, including overlays, bike lanes, and other Complete Street features. Council questions and feedback focused on grant funds and ROW acquisitions. Committee recommendation: Consent 5. Fleet Business Policy Carl Rugg, Fleet Manager, and Phil Williams, Interim PW Director, presented the proposed Fleet Business Policy, which provides clear guidance and expectations for the operation of City vehicles and equipment. Council questions and feedback focused on review periods, fueling station protocols, vehicle life cycle management, diagnostics, EV expertise/infrastructure. Committee recommendation: Consent ADJOURNMENT The meeting was adjourned at 3:51pm. 8.3.a Packet Pg. 17 At t a c h m e n t : 2 0 2 5 - 0 5 - 2 0 C o u n c i l C o m m i t t e e B M i n u t e s ( A p p r o v a l o f C o u n c i l C o m m i t t e e B M i n u t e s M a y 2 0 , 2 0 2 5 ) City Council Agenda Item Meeting Date: 05/27/2025 Approval of payroll and benefit checks, direct deposit and wire payments. Staff Lead: Lori Palmer Department: Administrative Services Preparer: Lori Palmer Background/History Approval of payroll check #66227 dated May 20, 2025 for $605.63, direct deposit for $790,645.70, benefit checks #66228 through #66235 and wire payments of $814,464.03 for the pay period of May 1, 2025 through May 15, 2025. 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: 05-01-2025 to 05-15-25 payroll earnings report 05-01-2025 to 05-15-25 benefit checks report 8.4 Packet Pg. 18 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,180 (05/01/2025 to 05/15/2025) Hours AmountHour Type Hour Class Description NO PAY LEAVEABSENT111 82.00 0.00 NO PAY NON HIREDABSENT112 204.00 0.00 SICK LEAVESICK121 914.75 46,494.54 VACATIONVACATION122 843.47 44,325.03 HOLIDAY HOURSHOLIDAY123 149.50 9,456.55 FLOATER HOLIDAYHOLIDAY124 68.25 3,352.48 COMPENSATORY TIMECOMP HOURS125 202.78 10,765.32 MILITARY LEAVEMILITARY131 20.00 1,137.00 COMPENSATORY TIMECOMP HOURS137 11.50 955.73 Kelly Day UsedREGULAR HOURS150 100.00 5,873.40 COMPTIME BUY BACKCOMP HOURS152 78.75 4,524.43 COMPTIME AUTO PAYCOMP HOURS155 36.00 2,536.22 SICK LEAVE PAYOFFSICK157 131.18 7,431.65 VACATION PAYOFFVACATION158 345.44 19,214.00 MANAGEMENT LEAVEVACATION160 32.00 2,729.33 REGULAR HOURSREGULAR HOURS190 16,944.00 929,779.16 ADMINISTRATIVE LEAVEREGULAR HOURS195 89.00 7,545.50 OVERTIME-STRAIGHTOVERTIME HOURS210 5.00 283.37 WATER WATCH STANDBYOVERTIME HOURS215 48.00 3,805.51 STANDBY TREATMENT PLANTMISCELLANEOUS216 4.00 560.47 OVERTIME 1.5OVERTIME HOURS220 152.75 14,396.28 OVERTIME-DOUBLEOVERTIME HOURS225 29.50 3,220.22 MISC PAYMISCELLANEOUS400 0.00 154.35 Medical Opt OutMISCELLANEOUS404 0.00 300.00 WORKING OUT OF CLASSMISCELLANEOUS410 0.00 1,313.51 SHIFT DIFFERENTIALSHIFT DIFFERENTIAL411 0.00 2,811.29 RETROACTIVE PAYRETROACTIVE PAY600 0.00 685.44 ACCRUED COMP 1.0COMP HOURS602 18.50 0.00 ACCRUED COMP TIME 1.5COMP HOURS604 73.50 0.00 ACCRUED COMP 2.0COMP HOURS606 7.00 0.00 Commander Standy AccrualCOMP HOURS609 10.00 0.00 ACCREDITATION PAYMISCELLANEOUSacc 0.00 189.46 ACCRED/POLICE SUPPORTMISCELLANEOUSacs 0.00 228.46 Ancilary Duty PayREGULAR HOURSanc 0.00 281.41 05/19/2025 Page 1 of 3 8.4.a Packet Pg. 19 At t a c h m e n t : 0 5 - 0 1 - 2 0 2 5 t o 0 5 - 1 5 - 2 5 p a y r o l l e a r n i n g s r e p o r t ( A p p r o v a l o f p a y r o l l a n d b e n e f i t c h e c k s , d i r e c t Payroll Earnings Summary Report City of Edmonds Pay Period: 1,180 (05/01/2025 to 05/15/2025) Hours AmountHour Type Hour Class Description Ancilary Duty PayREGULAR HOURSanc2 0.00 1,556.86 Ancilary Duty PayREGULAR HOURSanc3 0.00 1,371.44 BOC II CertificationMISCELLANEOUSboc 0.00 244.78 TRAINING CORPORALMISCELLANEOUScpl 0.00 235.40 CERTIFICATION III PAYMISCELLANEOUScrt 0.00 122.39 Detective 4%MISCELLANEOUSdet4 0.00 1,351.04 EDUCATION PAY 2%EDUCATION PAYed1 0.00 993.26 EDUCATION PAY 4%EDUCATION PAYed2 0.00 695.86 EDUCATION PAY 6%EDUCATION PAYed3 0.00 11,442.62 Furlough Day Non-RepresentedREGULAR HOURSfd1 90.00 6,418.34 FAMILY MEDICAL/SICKSICKfmls 36.00 2,047.50 K-9 AssignmentMISCELLANEOUSk9 0.00 225.72 LANGUAGE PAYMISCELLANEOUSlan 0.00 750.00 LONGEVITY PAY 2%LONGEVITYlg1 0.00 1,270.52 LONGEVITY PAY 2.5%LONGEVITYlg11 0.00 1,140.97 Longevity 9%LONGEVITYlg12 0.00 3,892.59 Longevity 7%LONGEVITYlg13 0.00 1,704.01 Longevity 5%LONGEVITYlg14 0.00 1,164.85 LONGEVITY 6%LONGEVITY PAYlg3 0.00 556.41 Longevity 1%LONGEVITYlg4 0.00 1,112.87 Longevity 3%LONGEVITYlg5 0.00 4,236.53 Longevity 1.5%LONGEVITYlg7 0.00 899.97 Paid Family Medical ManagementMISCELLANEOUSpfmm 34.01 3,220.16 Paid Family Medical Unpaid/SupABSENTpfmp 74.24 0.00 Paid FAMILY MEDICAL/SICKSICKpfms 35.75 2,241.31 PHYSICAL FITNESS PAYMISCELLANEOUSphy 0.00 3,472.00 SPECIAL DUTY PAYMISCELLANEOUSsdp 0.00 669.13 PSET SergeantMISCELLANEOUSstr 0.00 255.80 TAC OfficerMISCELLANEOUStac 0.00 225.72 Training OfficerMISCELLANEOUSto 0.00 214.96 Traffic Officer - CarMISCELLANEOUStraf 0.00 666.78 VACATION ADD BACKVACATIONvab 2.64 0.00 Vacation PremiumVACATIONvap 6.00 392.33 05/19/2025 Page 2 of 3 8.4.a Packet Pg. 20 At t a c h m e n t : 0 5 - 0 1 - 2 0 2 5 t o 0 5 - 1 5 - 2 5 p a y r o l l e a r n i n g s r e p o r t ( A p p r o v a l o f p a y r o l l a n d b e n e f i t c h e c k s , d i r e c t Payroll Earnings Summary Report City of Edmonds Pay Period: 1,180 (05/01/2025 to 05/15/2025) Hours AmountHour Type Hour Class Description Total Net Pay:$791,251.33 $1,179,142.23 20,879.51 05/19/2025 Page 3 of 3 8.4.a Packet Pg. 21 At t a c h m e n t : 0 5 - 0 1 - 2 0 2 5 t o 0 5 - 1 5 - 2 5 p a y r o l l e a r n i n g s r e p o r t ( A p p r o v a l o f p a y r o l l a n d b e n e f i t c h e c k s , d i r e c t Benefit Checks Summary Report City of Edmonds Pay Period: 1,180 - 05/01/2025 to 05/15/2025 Bank: usbank - US Bank Direct DepositCheck AmtNamePayee #DateCheck # 66228 05/20/2025 bpas BPAS 7,595.63 0.00 66229 05/20/2025 epoa2 EPOA-POLICE 7,084.00 0.00 66230 05/20/2025 epoa3 EPOA-POLICE SUPPORT 1,290.00 0.00 66231 05/20/2025 icma MISSIONSQUARE PLAN SERVICES 6,060.33 0.00 66232 05/20/2025 flex NAVIA BENEFIT SOLUTIONS 5,876.39 0.00 66233 05/20/2025 teams TEAMSTERS LOCAL 763 7,245.00 0.00 66234 05/20/2025 teamcom TEAMSTERS LOCAL 763 615.00 0.00 66235 05/20/2025 tx TEXAS CHILD SUPPORT SDU 166.50 0.00 35,932.85 0.00 Bank: wire - US BANK Direct DepositCheck AmtNamePayee #DateCheck # 3835 05/20/2025 awc AWC 429,652.43 0.00 3841 05/20/2025 us US BANK 155,777.07 0.00 3842 05/20/2025 mebt WTRISC FBO #N3177B1 143,878.20 0.00 3843 05/20/2025 pb NATIONWIDE RETIREMENT SOLUTION 8,067.26 0.00 3845 05/20/2025 wadc WASHINGTON STATE TREASURER 40,091.22 0.00 3847 05/20/2025 oe OFFICE OF SUPPORT ENFORCEMENT 1,065.00 0.00 778,531.18 0.00 814,464.03 0.00Grand Totals: Page 1 of 15/19/2025 8.4.b Packet Pg. 22 At t a c h m e n t : 0 5 - 0 1 - 2 0 2 5 t o 0 5 - 1 5 - 2 5 b e n e f i t c h e c k s r e p o r t ( A p p r o v a l o f p a y r o l l a n d b e n e f i t c h e c k s , d i r e c t City Council Agenda Item Meeting Date: 05/27/2025 Approval of claim checks and wire payments. Staff Lead: Richard Gould Department: Administrative Services Preparer: Lori Palmer Background/History Approval of claim checks #267378 through #267454 dated May 21, 2025 for $236,816.18, replacement check #267455 dated May 22,2025 and wire payments of $16,826.21. Staff Recommendation Approval of claim checks and wire payments. 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: positive pay 2 05-21-2025 agenda positive pay 5-21-2025 agenda 8.5 Packet Pg. 23 5/21/2025 2:40:16PM Positive Pay Listing City of Edmonds apPosPay Page: 1 Document group:jacobson Vendor Code & Name Check #Check Date Amount 079593 WONG, LINDSAY 267455 130.005/21/2025 Total count: 1 GrandTotal: 130.00 Page: 1 8.5.a Packet Pg. 24 At t a c h m e n t : p o s i t i v e p a y 2 0 5 - 2 1 - 2 0 2 5 a g e n d a ( A p p r o v a l o f c l a i m c h e c k s a n d w i r e p a y m e n t s . ) 5/21/2025 2:32:35PM Positive Pay Listing City of Edmonds apPosPay Page: 1 Document group:MMcCreary Vendor Code & Name Check #Check Date Amount 074306 AMWINS GROUP BENEFITS INC 267378 7,634.855/21/2025 001795 AUTOGRAPHICS 267379 1,843.145/21/2025 070305 AUTOMATIC FUNDS TRANSFER 267380 3,872.825/21/2025 002170 BARTON, RONALD 267381 2,301.155/21/2025 071421 BIO CLEAN INC 267382 497.255/21/2025 074307 BLUE STAR GAS 267383 939.175/21/2025 072005 BROCKMANN, KERRY 267384 135.205/21/2025 072571 BUILDERS EXCHANGE 267385 107.755/21/2025 073029 CANON FINANCIAL SERVICES 267386 1,047.845/21/2025 069813 CDW GOVERNMENT INC 267387 120.635/21/2025 067446 CEM CORPORATION 267388 1,145.035/21/2025 003510 CENTRAL WELDING SUPPLY 267389 250.745/21/2025 069457 CITY OF EDMONDS 267390 186.005/21/2025 035160 CITY OF SEATTLE 267391 38.615/21/2025 070323 COMCAST BUSINESS 267392 168.425/21/2025 075860 CONSOLIDATED SUPPLY CO 267393 7,257.485/21/2025 072746 CONSOR NORTH AMERICA INC 267394 14,202.005/21/2025 073823 DAVID EVANS & ASSOC INC 267395 32,776.165/21/2025 072174 DEMIERO JAZZ FESTIVAL 267396 2,950.005/21/2025 079614 DRY BOX INC 267397 165.755/21/2025 007775 EDMONDS CHAMBER OF COMMERCE 267398 9,212.005/21/2025 076610 EDMONDS HERO HARDWARE 267399 109.185/21/2025 008705 EDMONDS WATER DIVISION 267400 1,373.825/21/2025 008812 ELECTRONIC BUSINESS MACHINES 267401 386.235/21/2025 009350 EVERETT DAILY HERALD 267402 61.925/21/2025 072634 GCP WW HOLDCO LLC 267403 79.475/21/2025 063137 GOODYEAR AUTO SERVICE CENTER 267404 1,773.025/21/2025 076436 GRANITE CONSTRUCTION CO 267405 33,950.205/21/2025 074722 GUARDIAN SECURITY SYSTEMS 267406 72.315/21/2025 012560 HACH COMPANY 267407 1,050.975/21/2025 076240 HM PACIFIC NORTHWEST INC 267408 1,485.995/21/2025 067862 HOME DEPOT CREDIT SERVICES 267409 480.505/21/2025 061013 HONEY BUCKET 267410 207.735/21/2025 060165 HWA GEOSCIENCES INC 267411 2,420.005/21/2025 069733 ICONIX WATERWORKS INC 267412 9,101.685/21/2025 076917 JACOBS ENGINEERING GROUP INC 267413 6,867.005/21/2025 075159 LIFE INSURANCE CO OF NO AMER 267414 15,273.335/21/2025 074263 LYNNWOOD WINSUPPLY CO 267415 2,601.815/21/2025 067235 MARYS TOWING INC 267416 656.385/21/2025 020039 MCMASTER-CARR SUPPLY CO 267417 108.945/21/2025 018950 NAPA AUTO PARTS 267418 103.295/21/2025 067834 NATIONAL CONSTRUCTION RENTALS 267419 232.055/21/2025 075542 NORTHWEST LANDSCAPE SUPPLY 267420 32.075/21/2025 074866 NORTHWEST PLAYGROUND EQUIPMENT 267421 285.645/21/2025 079577 NORTHWESTERN UNIVERSITY 267422 2,700.005/21/2025 072739 O'REILLY AUTO PARTS 267425 49.015/21/2025 076902 OCCUPATIONAL HEALTH CTR OF WA 267423 128.005/21/2025 063750 ORCA PACIFIC INC 267424 1,651.985/21/2025 027060 PACIFIC TOPSOILS INC 267426 1,319.505/21/2025 069873 PAPE MACHINERY INC 267427 84.385/21/2025 074793 PETDATA INC 267428 63.005/21/2025 071783 PIGSKIN UNIFORMS 267429 760.205/21/2025 028860 PLATT ELECTRIC SUPPLY 267430 1,149.235/21/2025 Page: 1 8.5.b Packet Pg. 25 At t a c h m e n t : p o s i t i v e p a y 5 - 2 1 - 2 0 2 5 a g e n d a ( A p p r o v a l o f c l a i m c h e c k s a n d w i r e p a y m e n t s . ) 5/21/2025 2:32:35PM Positive Pay Listing City of Edmonds apPosPay Page: 2 Document group:MMcCreary Vendor Code & Name Check #Check Date Amount 064769 ROMAINE ELECTRIC 267431 244.445/21/2025 079174 SAVANNAH POWERS 267432 207.205/21/2025 036955 SKY NURSERY 267433 123.475/21/2025 060889 SNAP-ON INDUSTRIAL 267434 516.505/21/2025 037375 SNO CO PUD NO 1 267435 3,095.325/21/2025 037376 SNO CO PUD NO 1 267436 20,000.005/21/2025 063941 SNO CO SHERIFFS OFFICE 267437 6,178.355/21/2025 063941 SNO CO SHERIFFS OFFICE 267438 4,000.005/21/2025 006630 SNOHOMISH COUNTY 267439 856.005/21/2025 079866 SUMMIT STRATEGICCOMMUNICATIONS 267440 2,500.005/21/2025 040917 TACOMA SCREW PRODUCTS INC 267441 334.215/21/2025 079136 THE GORDIAN GROUP INC 267442 3,523.375/21/2025 075587 THE UPS STORE #6392 267443 132.235/21/2025 072649 THE WIDE FORMAT COMPANY 267444 254.155/21/2025 068141 TRANSPO GROUP 267445 565.005/21/2025 073418 TREE SOLUTIONS INC 267446 5,745.005/21/2025 070774 ULINE INC 267447 55.915/21/2025 069751 VESTIS 267448 163.485/21/2025 047455 WA ST DEPT OF TRANSPORTATION 267449 5,886.785/21/2025 067195 WASHINGTON TREE EXPERTS 267450 3,480.755/21/2025 074609 WEST COAST ARMORY NORTH 267451 144.005/21/2025 077286 WSP USA INC 267452 5,041.955/21/2025 071634 ZAYO GROUP LLC 267453 162.075/21/2025 011900 ZIPLY FIBER 267454 135.185/21/2025 Total count: 77 GrandTotal: 236,816.18 Page: 2 8.5.b Packet Pg. 26 At t a c h m e n t : p o s i t i v e p a y 5 - 2 1 - 2 0 2 5 a g e n d a ( A p p r o v a l o f c l a i m c h e c k s a n d w i r e p a y m e n t s . ) City Council Agenda Item Meeting Date: 05/27/2025 4th of July Parade & Race, Porchfest Edmonds and Edmonds Block Party (formerly Taste Edmonds) Special Event Agreements Staff Lead: Shannon Burley Department: Parks, Recreation & Human Services Preparer: Shannon Burley Background/History The City Council authorizes Event Agreements each year on behalf the City of Edmonds. All events presented in this memo took place in 2024. The Special Event Contracts under discussion are for large events that include street/right of way closures, expect to increase tourism and have significant positive economic impacts to the City. Previously this year, Council approved event agreements for SpringFest, The Summer Market and the Arts Festival. The remaining Classic Car Show, Oktoberfest and Halloween event agreements are scheduled for review and approval later this year. Council Committee B reviewed these agreements on May 20, 2025 and authorized it to be placed on the Consent Agenda. Staff Recommendation Staff recommends Council approve the Event Agreements as proposed. Approval on the Consent Agenda will authorize the Mayor to execute the contract agreements. The contracts include formal agreements between the City of Edmonds and the Edmonds Chamber of Commerce for the 4th of July and Edmonds Block Party and Porchfest Edmonds for the Porchfest event. Narrative The 4th of July event agreement is nearly identical to prior years; Porchfest has grown significantly and is well received, as such it will now be under a council approved contract rather than the smaller special event permit process and the Block Party (formerly Taste Edmonds) will be held in the same location as previous but with a new updated theme detailed below. All event producers are required to follow festival guidelines set forth by the State of Washington, the Snohomish County Health Department and South County Fire at the time of the event. The contracts have been reviewed and approved by our internal team (Police, Fire, Public Works, Parks, Recreation & Human Services, Risk Management (HR), Development Services, and Economic Development Departments) and are approved as to form by the City Attorney. New this year, events will be charged for city resources required for support and implementation of their event. As stated in City Code ECC 1.100.900, the city intends to only charge actual expenses for time and materials. Deviations from actual expenses require the Mayor's approval. Each of these 8.6 Packet Pg. 27 agreements include an estimate for city staff time which is paid in advance of the event. After the event, the actual amount is billed to the organization which may result in additional fees or a refund depending on the difference between estimated and actual city expenses. Estimated staff time is outlined below for each event. 4th of July Parade and Race (attached): The Edmonds Chamber of Commerce has produced the 4th of July Parade since it's founding in 1907. This event is truly a reflection of the most positive aspects of "An Edmonds Kind of Day" bringing together thousands of people of all ages and walks of life. The Beat the Brackett races are a collaboration between the City of Edmonds and the Town of Woodway and typically attract 400+ runners and walkers. The 4th of July agreement outlines details for the use of city streets, sidewalks, parking and City Park to support the planned Beat the Brackett Race (both a 5K and 1K) and the Parade on the 4th of July. The Parade is free and open to the public, and an alcohol permit is not required. The city staff labor estimate for the 4th of July: 32 hours for Street Division and 2 hours for Park Maintenance Division. Porchfest Edmonds (attached): This event originated as part of the re-imagining streets initiative lead by the City's planning department and continues to grow is presence downtown. The event, now in its fourth year, is run by a federally recognized 501c-3 (non-profit organization) Porchfest Edmonds featuring free, live music performed in multiple locations Downtown Edmonds. The event will be held on Sunday, July 13, 2025 ensuring there is no conflict with the Summer Market. The event features multiple road closures Downtown Edmonds providing a safe and walk-able event experience. There are no additional food vendors as participants are encouraged to shop at local businesses downtown. This event is free and open to the public and no alcohol permit is required. The city staff labor estimate: 32 hours for Streets Division and 2 hours for Parks Maintenance Division. Edmonds Block Party (Formerly Taste Edmonds) Event Agreement (attached): The Edmonds Block Party will take place on Friday, August 8th and Saturday, August 9, 2025 at Civic Park and will have minimal road closures. In 2025, the Block Party will be a two-day event with the first day restricted to 21+ and the second day featuring a large amount of family friendly activities. The Edmonds Block Party is the Chamber of Commerce's largest fundraising event each year with revenues supporting multiple free events such as the downtown Halloween, the Holiday Tree Lighting, and the 4th of July Parade. The mix of live music, beer garden and food has a long standing history in Edmonds. The city staff labor estimate: 4 hours for Streets Division and 12 hours for Parks Maintenance Division. Attachments: 2025 July 4 Event Agreement Final 2025 PorchFest Event Agreement Final 2025 Edmonds Block Party Event Agreement_Final 8.6 Packet Pg. 28 1 EVENT AGREEMENT THE CITY OF EDMONDS, WASHINGTON AND GREATER EDMONDS CHAMBER OF COMMERCE Event Date – July 4, 2025 THIS AGREEMENT (“Agreement”) is entered into by and between the CITY OF EDMONDS (hereinafter referred to as “City”), and the GREATER EDMONDS CHAMBER OF COMMERCE (hereinafter referred to as “Chamber”) (collectively, the “Parties”). WHEREAS, the Chamber has for many years sponsored a public celebration honoring Independence Day – 4th of July through a parade and 5K race; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for enjoyment by its citizens; and WHEREAS, the City Council finds that it is in the public interest to participate in the sponsorship of such events by providing the consideration set forth in this Agreement in order to enhance the safety of the public celebrations for its citizens; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City 1.1 The City will provide the following spaces to be used by the Chamber: Use of City streets as diagrammed in Exhibit A - Parade & Races Site Plan, for parade to occur on July 4, 2025. City will provide traffic barriers as identified in Exhibit A. The Edmonds Police and Public Works Departments will determine whether any changes to the Parade & Races Site Plan map will be needed and will communicate any such changes to the Chamber no later than May 1, 2025 Use of Hazel Miller Plaza for small stage, amplified sound, and parade announcements throughout parade on July 4, 2025. Use of City Park Parking lot, parking spaces on 3rd Avenue and sidewalks as diagrammed in Exhibit A. The City Parks Maintenance Division will provide a flatbed truck to be used as an elevated platform for parade announcements and amplified sound. Vehicle to be delivered and parked by City staff; Chamber staff will not operate the vehicle. 1.2 The City will waive fees for the Parade Permit. 1.3 The City will authorize a maximum of six (6) stationary self-contained vendors on closed sections of 5th or Main Streets off the parade route. No vendors will be authorized along the parade route. Vendors will operate at specified locations and 8.6.a Packet Pg. 29 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 2 will not block entrances or fire hydrants. Vendors must be self-contained; no power hookups are available for vendors. Vendors are responsible for having appropriate permits and for compliance with all local and state requirements. 2. Responsibilities of the Chamber. 2.1 The Chamber will assume all responsibility for coordination of the 4th of July Parade, including but not limited to hiring off-duty police officers to police the route and assuring that all participants are informed of and abide by the parade rules to ensure that no participants draw people viewing the parade onto the parade route. 2.2 The Chamber will assume all responsibility for coordination of the 5K race, including but not limited to ensuring that the flow of traffic is not disrupted on City streets and that volunteers are stationed at street crossings to ensure runner safety. 2.3 The Chamber will notify Community Transit of activities that may impact transportation services in Edmonds. 2.4 The Chamber will utilize the barricades and detour signs provided by the City and position them at their assigned locations at 6:00 am, July 4, 2025. 2.5 The Chamber will not illegally discriminate in the provision of either event or in their entrance requirements against any person or organization in violation of state or federal statute or local ordinance. 2.6 The Chamber agrees that the 4th of July celebration is a public event. The Chamber further agrees that areas constituting the City-Provided sites that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber will permit citizens attending events open to the general public at the City-Provided sites during the 4th of July celebration to exercise therein their protected constitutional right to free speech without interference on City Property. 2.7 Licenses and Permits: The Chamber will be responsible for obtaining all required city and state licenses and permits. The Chamber will submit all required application(s) for the Parade Permit provided for by this Agreement. Except as provided in Section 1.2, above, the Chamber will pay the City all license and permit fees, in accordance with the provisions of Chapters 4.90 and 4.100 ECC, for the above-mentioned facilities use and services at least ten (10) days prior to the event. This Agreement will serve as the special event permit application required under ECC 4.100.040. A statement of the estimated costs of City resources to be provided for the event, to include the deployment of “No Parking” signs and placement and removal of street barricades, will be provided upon approval of the Special Event permit. The actual costs of these resources will be determined after the event at which time the City will either refund the difference or invoice the Chamber for the additional costs due pursuant to ECC 4.100.090. 8.6.a Packet Pg. 30 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 3 2.8 The Chamber will obtain The American Society of Composers, Authors and Publishers (ASCAP) and any other copyright licenses necessary. 2.9 The Chamber will provide sufficient portable sani-cans and wash stations along the parade route. 2.10 The Chamber will provide for security along the parade and race routes. 2.11 The Chamber will provide signs one (1) week prior to the event to indicate that chairs cannot be placed early. Signs must be laminated, no exceptions. 2.12 The Chamber will provide laminated “no parking” signs to Public Works one (1) month prior to the event. 2.13 The Chamber agrees to consult with the City Electrician and Parks Maintenance Manager before installing any electrical service or stakes in the ground. The City Electrician will have final say in all electrical matters. No ground penetrations are allowed unless authorized first by the City electrician and City Parks Department. Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Chamber. It is not allowed to fasten anything to the buildings, structures or trees; doing so may result in damage cost recovery and /or fine. City staff will coordinate any utility locates. 2.14 The Chamber will comply with all applicable South County Fire guidelines, including the “Requirements for Outdoor Assembly Events” set forth in Exhibit B, attached hereto and incorporated herein by this reference. 2.15 The Chamber will comply with Chapter 6.80 of the Edmonds City Code (ECC) (“Plastic Bag Reduction”), which restricts the use of single-use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.16 The Chamber will comply with RCW 70.93.093, concerning event recycling. The Chamber will place clearly marked recycling containers throughout the event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from event participants. The Chamber will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.14, below). 2.17 The Chamber will comply with Chapters 6.90 (“Noncompostable Food Service Containers Prohibition”) and 6.95 ECC (“Single-Use Plastic Utensils – Prohibition”), which prohibit the use of non-compostable food service containers and single-use plastic utensils (such as plastic straws, stirrers and cutlery) at public events requiring a contract with the City. The Chamber will ensure that food vendors at this public event provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to event participants. Aluminum and steel cans, plastic bottles and certain plastic cups that are accepted 8.6.a Packet Pg. 31 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 4 as recyclable continue to be acceptable for vendor use. The Chamber will provide for the on-site collection of compostable and recyclable materials from event participants, using designated color-coded collection containers. The Chamber will ensure that on-site collection containers are serviced properly and continually during each event. A Chamber representative will meet with the City’s Recycling Coordinator or representative prior to June 6, 2025, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage. 2.18 The Chamber will comply with Chapter 70.160 RCW (hereinafter the “smoking ban”) pursuant to which smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this Agreement. 2.19 Clean-Up: The Chamber will be responsible for clean-up of the parade and race routes to include staging areas as follows: 2.19.1 Restore all public spaces to their original condition, including removing and disposing of any and all litter and trash to the size of a cigarette butt, including metal and litter debris, equipment, and any and all other items made necessary by or used in the provision of this event. 2.19.2 Pick up all trash and remove all items and equipment related to the 4th of July Parade and 5K race by 5:00 pm on July 4, 2025. 2.19.3 Return all event barricades, if applicable, to original locations at the end of the parade, exact locations to be determined by the Streets Department. 2.20 Insurance: The Chamber will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance will be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products- completed operations and contractual liability. The City of Edmonds will be named as an additional insured on the Chamber’s General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance will be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. The insurance policy will contain, or be endorsed to contain, that the Chamber’s insurance coverage will be primary insurance as respect the City of Edmonds. Any 8.6.a Packet Pg. 32 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 5 insurance, self-insurance, or self-insured pool coverage maintained by the City of Edmonds will be excess of the Chamber’s insurance and will not contribute with it. The Chamber will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.21 Indemnification: The Chamber will defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Chamber and the City, its officers, officials, employees, and volunteers, the Chamber’s liability hereunder will be only to the extent of the Chamber’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Chamber’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section will survive the expiration or termination of this Agreement. 3. Miscellaneous. 3.1 Entire agreement, integration, amendment, waiver, applicable law and venue. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. The failure of either party to insist upon strict adherence to any term of this Agreement on any occasion will not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. This Agreement will be governed by and construed in accordance with the laws of the State of Washington, and any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to pandemic-related restrictions, fire, flood, strike or other labor difficulty, act of nature, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties’ reasonable control. In the event of delay in 8.6.a Packet Pg. 33 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 6 performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Chamber will be deemed to be the same of the City for any purpose. The Chamber alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The Chamber in the performance of this Agreement will comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and requirements of the federal government, the State of Washington, the Snohomish Health District, and the City. The Chamber will consult this information regularly during the course of the events to ensure that the latest guidelines and requirements are promptly implemented. 3.5 Termination. If the Chamber breaches any of its obligations under this Agreement and fails to cure the same within a reasonable time after receiving written notice to do so from the City, the City may terminate this Agreement. DATED this ______ day of ________________, 2025. CITY OF EDMONDS: GREATER EDMONDS CHAMBER OF COMMERCE: Mike Rosen, Mayor Ryan Crowther, President and CEO ATTEST/AUTHENTICATED: APPROVED AS TO FORM: Scott Passey, City Clerk Office of the City Attorney 8.6.a Packet Pg. 34 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 7 Exhibit A Parade & Races Site Plan 8.6.a Packet Pg. 35 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 7 Exhibit A Parade & Races Site Plan 8.6.a Packet Pg. 36 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) REQUIREMENTS FOR Outdoor Assembly Events The purpose of this handout is to assist the public in complying with requirements for holding Outdoor Assembly Events. It is not a complete list of permit or code requirements and should not be used as a substitute for applicable laws and regulations of the owner/design professional to review the submittal for completeness. Only complete applications will be accepted by the City for review. REQUIREMENTS: Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) Combustible refuse shall be kept in noncombustible containers with tight fitting or self-closing lids. Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) Any street or road that is closed to vehicle traffic via movable barricades shall maintain an obstruction free width of not less than 20 feet for emergency vehicle access. Any street or road that is closed to vehicle traffic via movable barricades shall require dedicated event staff to standby each barricade to assist emergency services personnel with access. Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross-bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) EXHIBIT B 8.6.a Packet Pg. 37 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org ¨Smoking shall not be permitted in tents or membrane structures. Approved “No Smoking” signs shall be conspicuously posted. (IFC 3106.4.5) ¨An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures unless otherwise approved by the fire code official. (IFC 3103.8.6) ¨Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) ¨Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) ¨Cooking appliances or devices that produce sparks or grease-laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ▪Designated cooking tents not occupied by the public when approved by the fire code official. ▪Tents or structures where cooking appliances are protected with an automatic fire- extinguishing system. (IFC 3106.5.1) ¨Cooking equipment using combustible oils or solids shall meet the following: ▪A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ▪The equipment shall be placed on a noncombustible surface. ▪An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) ¨Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) ¨Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) ¨Each generator shall be provided with an approved portable fire extinguisher complying with Section 906.(IFC 3106.6.3) ¨LP-gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) ¨Portable LP-gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP-gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) ¨Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) 8.6.a Packet Pg. 38 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY $ $ 600 Main Street, Ste. A Scott M. Campbell Cert ID 12438 121 5th Ave N Western National Mutual Insuranc 01/15/2025 121 5th Ave N 09/01/2024 09/01/2025UMB104981201 A Liquor Liability info@insuranceservicesgroup.com 09/01/2024 09/01/2025CPP129583101 A A A X Carol DuClos Edmonds WA 98020 Edmonds WA 98020 Edmonds WA 98020 (425) 775-6446 (425) 670-1496 (425) 640-9225 X X X X 100,000 1,000,000 2,000,000 2,000,000 10,000 Excluded 1,000,000 09/01/2024 09/01/2025CPP129583101 1,000,000 1,000,000 2,000,000 2,000,000 City of Edmonds RE: An Edmonds Kind of 4th, July 4, 2025. 5:00 a.m. - 10:00 p.m. City of Edmonds is Additional Insured if required by written contract per form CG MU 1078 12 20. Greater Edmonds Chamber of Commerce X (10)CD 09/01/202509/01/2024CPP129583101 Page 1 of 1 8.6.a Packet Pg. 39 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) CG MU 1078 12 20 Page 1 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY CG MU 1078 12 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SPECIALTY SOLUTIONS ENHANCEMENT This endorsement modified insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (CG 00 01) SUMMARY OF COVERAGES Description Limit Of Insurance Abduction $50,000 per Abduction/$50,000 Aggregate/$1,000 deductible Additional Insured Broad Form Vendors Included Additional Insured Lessor Of Leased Equipment Included Additional Insured Managers Or Lessors Of Premises Included Additional Insured State Or Political Subdivisions Permits Included Additional Insureds By Written Contract Included Broad Form Property Damage $25,000 Per Occurrence Broad Knowledge/Notice Of Occurrence Included Damage To Premises Rented To You $300,000 Any One Premises Designated Location(s) General Aggregate Limit Included Employee Bodily Injury To A Co-Employee Included Insured Contract Amended Included Medical And Dental Payments $10,000 Medical Expense Limit Mobile Equipment Included Non-Owned Watercraft 51 Feet Occupational License Review Expense $2,500 Per Review/$5,000 Aggregate Property Damage Liability Borrowed Equipment $25,000 Occurrence/$50,000 Aggregate Property Damage Liability Elevator And Sidetrack Agreement Included Supplementary Payments Increased Limits Bail Bonds $2,500 Loss Of Earnings Per Day $1,000 Unintentional Failure To Disclose Hazards Included Waiver Of Transfer Of Rights Of Recovery Against Others To Us Included 8.6.a Packet Pg. 40 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) CG MU 1078 12 20 Page 2 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. The terms and conditions of this policy are amended as indicated below: I. Non-Owned Watercraft SECTION I COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, Exclusion 2.g.(2) is revised as follows: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your expressed or implied consent, either uses or is responsible for the use of the watercraft. This provision does not apply if the insured has any other insurance for bodily injury or property damage liability that would also be covered under this provision, whether the other insurance is primary, excess, contin- gent or on any other basis. In that case, this provision does not provide any insurance. II. Damage To Premises Rented To You Under SECTION I COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, the last paragraph of 2. is deleted and replaced with the following: Exclusions c. through n. do not apply to Property Damage to the premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insur- ance applies to this coverage which is the greater of: 1. The Damage To Premises Rented To You Limit for Each Occurrence shown in the Declarations; or 2. $300,000 Under Section III LIMITS OF INSURANCE, paragraph 6. does not apply. III. Supplementary Payments SECTION I COVERAGES, SUPPLEMENTARY PAYMENTS COVERAGES A & B, are revised as follows: 1. In paragraph 2., the limit of $250 for bail bonds is increased to $2,500. 2. In paragraph 4., the limit of $250 for daily loss of earnings is increased to $1,000. IV. Medical And Dental Payments Under SECTION I COVERAGES, COVERAGE C. MEDICAL PAYMENTS, if COVERAGE C. MEDICAL PAYMENTS, is not otherwise excluded from this Coverage Part: 1. The Medical Payments Limit is changed to the greater of: a. $10,000; or b. The Medical Expenses Limit shown in the Declarations of this Coverage Part. 2. The provision, in C.1.a.(2) that the expenses must be incurred and reported to us within one year of the date of the accident, is increased to three years. V. Broad Form Property Damage Under SECTION I COVERAGE A, Exclusion 2.j. is amended as follows: 1. Paragraph (3) does not apply. 2. Paragraphs (4) and (6) do not apply to customers property at your described premises. We do not cover any property: 1. Subject to motor vehicle registration; or 2. While being used to perform construction operations. Our limit for any one occurrence under this coverage provision is $25,000. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured, and SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. 8.6.a Packet Pg. 41 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) CG MU 1078 12 20 Page 3 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. VI. Occupational License Review Expense The following is added under SECTION I COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the per review and annual aggregate limits of insurance stated in this endorsement, we agree to pay the insured for reasonable and necessary covered expenses, as listed below, incurred and paid by the insured as a direct result of a occupational license review, conducted by a governmental bureau, board, commission or department, occurring during the policy period and in the coverage territory. a. Covered Expenses include: (1) Fees and expenses of any licensed independent investigative services or legal counsel, hired by the insured for the purpose of assisting or representing the insured at the occupational license review; and (2) Costs of travel, accommodations, and meals incurred by the insured in order to appear before the governmental bureau, board, commission or department. b. Exclusions This coverage will not pay for: (1) Hearing fees; or (2) Fines, judgments, lawsuits, or settlement amounts as the result of or in conjunction with the occu- pational license review; or (3) Expense(s) directly or indirectly caused or resulting from the fraudulent, dishonest, or criminal acts of the insured, any director or officer of the insured, or agents thereof, whether acting alone or in collusion with others; or (4) Lost salary or wages claimed by or for any insured while preparing for or attending the occupa- tional license review. 2. For the purposes of the coverage provided by this provision, SECTION III LIMITS OF INSURANCE is amended as follows: With respect to this endorsement only, the following apply: a. The per review limit of insurance shown in this endorsement is the most we will pay per review, regard- less of the number of insureds reviewed or subject to the occupational license review. b. The annual aggregate limit of insurance shown in this endorsement is the most we will pay for all cov- ered expenses for each policy period. c. In the event that the occupational license review continues over more than one policy period, the expenses shall be limited to the annual aggregate applicable to the policy period when the license review began. d. In no event will any expense claimed for an occupational license review be recoverable as expense for another occupational license review. e. The limits of insurance stated in this endorsement are not part of and are in addition to, the Liability Limits of Insurance shown in the Declarations for this policy. 3. For the purposes of the coverage provided by this provision, the following are added under SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS: a. In the event of a occupational license review during the policy period, the insured will: (1) Make every reasonable effort to give us immediate written notice and timely updates concurrent with activity regarding the occupational license review; (2) Provide us with the official report of the occupational license review; and (3) Provide us with documentation, including receipts, for expenses claimed under this coverage. b. The insurance under this endorsement will be excess over any other valid insurance or bond. 8.6.a Packet Pg. 42 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) CG MU 1078 12 20 Page 4 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 4. For the purposes of the coverage provided by this provision, the following are added under SECTION V DEFINITIONS: a. Insured as used in this endorsement means an employee of the Named Insured shown in the Decla- rations, but does not include leased or temporary workers or volunteers. Insured does not include the Named Insured, unless the Named Insured is an individual person operating as a sole proprietorship, or any other business, whether corporation, partnership, limited liability company or other organization. Insured only includes natural persons. b. Occupational license review means a formal or informal proceeding conducted by a governmental bureau, board, commission or department charged with regulating the insureds occupational license and involving the review, modification, denial, suspension, or nonrenewal of the insureds occupa- tional license or involving disciplinary action against the insured, including proceedings to impose a forfeiture or penalty; but occupational license review does not include a proceeding concerning any criminal or civil charge brought against the insured. VII. Abduction The following is added under SECTION I COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the limits, aggregate and deductible as stated in this endorsement, we agree to pay the insured for reasonable and necessary Covered Expenses, as listed below, incurred and paid by the insured or Guardian(s) as a direct result of an abduction occurring during the policy period and in the coverage Territory, provided that such abduction is otherwise the subject of this endorsement hereunder. Payment of such Covered Expenses may continue until the earliest of the following unless otherwise stated: a. Up to fourteen (14) days after the recovery of the Covered Individual(s); or b. Discovery of the death of the Covered Individual(s); or c. Twelve (12) months after the date of the abduction. Covered Expenses include the following incurred expenses: a. Fees and expenses of any independent investigative services, provided that we have given prior con- sent to the use of such independent investigative services; and b. Reward to an Informant for information leading to the recovery of the Covered Individual(s) and the arrest and conviction of the party(ies) responsible for the abduction; and c. Fees and expenses of independent forensic analysts engaged by the insured or Guardian(s) with prior authorization from us; and d. Fees and expenses of public relations consultants to assist in the location of the Covered Individual(s); and e. Publicity costs incurred solely and directly to assist in the resolution of an abduction; and f. Costs of travel and accommodations incurred by the insured or Guardian(s) while attempting to resolve an abduction; and g. Rest and rehabilitation expenses including travel, lodging and meals of the Covered Individual(s) and Guardian(s) incurred by the Guardian(s) and paid by the insured following resolution of the loss covered hereunder. The total amount under this provision shall not exceed $10,000 for any single loss; and h. Lost salary of Guardian(s), which is the amount of compensation paid at an annual rate including the average bonuses and commissions, that the Guardian(s) would normally have earned; and i. Fees for psychological or psychiatric counseling for the be nefit of Guardian(s), or siblings of the Cov- ered Individual(s) beginning on the date of recovery of the Covered Individual(s), until the earliest of the following: (1) Up to three (3) months after the recovery or discovery of the death of the Covered Individual(s); or (2) Twelve (12) months after the date of the abduction; and 8.6.a Packet Pg. 43 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) CG MU 1078 12 20 Page 5 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. j. Fees for psychological or psychiatric counseling for the benefit of Covered Individual(s) beginning on the date of recovery of the Covered Individual(s) and continuing up to twelve (12) months thereafter; and k. Medical services and hospitalization costs incurred for the Covered Individual(s) as a result of the abduction beginning on the date of recovery of the Covered Individual(s) an d continuing up to twelve (12) months thereafter; and l. Funeral and burial expenses of Covered Individual(s) resulting from an abduction. 2. Exclusions We will not pay any expense(s) directly or indirectly caused or resulting from: a. The fraudulent, dishonest, or criminal acts of any Insured, any director or officer of the Insured, parents or Guardian(s) or agents thereof, whether acting alone or in collusion with others; or b. Any legal liability or costs of defense for administrative, regulatory, judicial or other claims hearings or lawsuits arising out of the abduction; or c. Payment of any ransom or demand for money. For the purposes of the abduction coverage provided by this provision, SECTION III LIMITS OF INSURANCE is amended as follows: 1. The Limits of Insurance shown on this Endorsement and the rules below fix the most that we will pay regardless of the number of: a. Insureds; b. Claims made or suits brought; or c. Persons or organizations making claims or bring suits. 2. The Aggregate Limit shown on this Endorsement is the most we will pay for all Covered Expenses for each policy period. All expenses arising from an act or series of related acts involving one or more persons or an act error or event or a series of related acts, errors or events shall be treated as arising out of one abduction. However we will not pay for any loss resulting from an abduction which is part of a series of related acts that began prior to the effective date of this insurance. 3. In no event will any expense claimed, incurred or paid under one abduction be recoverable under another abduction. 4. The abduction limit is included as part of the Limits of Insurance under the Liabil ity and Medical Expenses Aggregate Limit. 5. We will not pay for loss in any one abduction until the amount of loss exceeds the deductible shown on this Endorsement. We will than pay the amount of loss in excess of the deductible up to the applicable Limit of Insurance as shown in this Endorsement. The deductible will not reduce the Limit of Insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS: 1. In the event of an abduction during the Policy Period, the Insured will make every reasonable effort to: (a) Determine that the abduction has actually occurred prior to incurring costs; and (b) Give immediate oral and written notice to us with periodic and timely updates concurrent with activity oc- curring during the incident; and (c) Immediately notify local, national or other appropriate law enforcement agency having jurisdiction over the matter. 2. Confidentiality The Insured will use all reasonable efforts not to disclose the existence of this Endorsement. 3. Other Insurance The insurance under this Endorsement will be excess over any other valid insurance. 8.6.a Packet Pg. 44 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) CG MU 1078 12 20 Page 6 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 4. Cooperation You must cooperate with us in all matters pertaining to this insurance as stated in its terms and conditions. 5. Due Diligence You and every insured or guardian must exercise due diligence in doing all things reasonably practicable to avoid or diminish any loss covered under this insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SECTION V DEFINITIONS: 1. Abduction means the wrongful and illegal seizure of a Covered Individual(s), by someone other than a Guardian(s) or an agent thereof, from the premises of the insured or on any other premises while such Covered Individual(s) are under the control of the insured occurring during the policy period. Abduction as used in this endorsement does not include the actions of any official acting within their lawful authority. 2. Covered Individual(s) means individual(s) under the care, custody and control of the insured. 3. Informant means any person, other than a Covered Individual, providing information not otherwise obtainable solely in return for a reward offered by the insured. 4. Guardian(s) means the natural and legal Parent(s) or legal and a ppointed Guardian, step-Parent(s) or foster Parent(s) of a Covered Individual(s) regardless of who has legal custody. 5. Premises means any place the insured conducts business. 6. Ransom means a consideration paid or demanded for the release of a Covered Individual(s) from captivity. VIII. Property Damage Liability Elevators And Sidetrack Agreements The following is added under SECTION I COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Exclusions j. (3), (4) and (6) do not apply to the use of elevators. 2. Exclusion k. does not apply to: a. The use of elevators; or b. Liability assumed under a sidetrack agreement. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured, and SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. IX. Designated Location(s)-General Aggregate Limit The following is added under SECTION I COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVERAGE A (Section I), and for all medical expenses caused by accidents under COVERAGE C (Section I), which can be attributed only to operations at a single designated location shown in the Decla- rations: a. A separate Designated Location General Aggregate Limit applies to each designated location, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of bodily injury or property damage included in the products-completed operations hazard, and for medical expenses under COVERAGE C regardless of the number of: (1) Insureds; (2) Claims made or suits brought; or (3) Persons or organizations making claims or bringing suits. 8.6.a Packet Pg. 45 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) CG MU 1078 12 20 Page 7 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. c. Any payments made under COVERAGE A, for damages or under COVERAGE C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated location also shown in the Declarations. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. 2. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVERAGE A (Section I), and for all medical expenses caused by accidents under COVERAGE C (Section I), which cannot be attributed only to operations at a single designated location shown in the Declarations: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Op- erations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Designated Location Aggregate Limit. 3. When coverage for liability arising out of the products-completed operations hazard is provided, any pay- ments for damages because of bodily injury or property damage included in the products -completed operations hazard will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. 4. The following is added under SECTION V DEFINITIONS Location means premises involving the same or connecting lots, or premises whose connection is inter- rupted only by a street, roadway, waterway or right-of-way of a railroad. 5. The provisions of LIMITS OF INSURANCE (SECTION III) not otherwise modified by this coverage shall continue to apply as stipulated. X. Property Damage Liability Borrowed Equipment The following is added to Exclusion j. under Coverage A. (Section I): Paragraph (4) of this exclusion does not apply to equipment which you borrow unless the property damage occurs while such equipment is being used by an insured at a job site. Subject to all of the terms of SECTION III LIMITS OF INSURANCE, the maximum limit in any one occurrence is $25,000 and an annual aggregate of $50,000. This insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to you, and SECTION IV COMMERCIAL GENERAL LIABILITY CONDI- TIONS 4. Other Insurance is changed accordingly. XI. Additional Insureds By Written Contract A. SECTION II WHO IS AN INSURED is amended to include as an additional insured any person or organ- ization that you are required to add as an additional insured to this policy by a written contract or written agreement that is: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the bodily injury, property damage, personal and advertising injury. B. The insurance provided to the additional insured applies as follows: 1. That person or organization is only an additional insured with respect to liability caused by your negli- gent acts or omissions at or from: (a) Premises you own, rent, lease, or occupy or (b) Your ongoing operations performed for the additional insured at the job indicated by written contract or agreement. 2. The limits of insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this policy whichever is less. These limits of insurance are inclusive of and not in addition to the limits shown in the Declarations. 8.6.a Packet Pg. 46 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) CG MU 1078 12 20 Page 8 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. With respect to the insurance afforded these additional insureds, the following additional insured exclusion applies: 1. If the additional insured is an architect, engineer, or surveyor, this insurance does not apply to bodily injury, property damage, personal and advertising injury arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings, designs or specifications; or (b) Supervisory, inspection, architectural or engineering activities. 2. The insurance afforded the additional insured does not apply to: (a) Bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on the behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than the contractor or subcontractor engaged in per- forming operations for a principal as part of the same project. XII. Additional Insured State or Political Subdivisions Permits The following is added to SECTION II WHO IS AN INSURED: 1. Any state or political subdivision which has issued a permit to you, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state, governmental agency or political subdivision has issued a permit or authorization. b. This insurance does not apply to: (1) Bodily injury, property damage, personal and advertising injury arising out of operations per- formed for the federal government, state or municipality; or (2) Bodily injury or property damage included within the products-completed operations hazard. XIII. Additional Insured Managers Or Lessors of Premises The following is added to SECTION II - WHO IS AN INSURED: 1. Any manager or lessor of premises shown in the Declarations is also an insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations and subject to the following additional exclusions: The following exclusions are added: 1. This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of any man- ager or lessor of premises shown in the Declarations. XIV. Additional Insured Lessor of Leased Equipment The following is added to SECTION II - WHO IS AN INSURED: 1. The person(s) or organization(s) who leases equipment to you for use in your business is also an insured, but only with respect to liability for "bodily injury", "property damage", "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "oc- currence" which takes place after the equipment lease expires. 8.6.a Packet Pg. 47 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) CG MU 1078 12 20 Page 9 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. XV. Additional Insured Broad Form Vendors The following is added to SECTION II - WHO IS AN INSURED: 1. Any person(s) or organization(s) (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance is also an additional insured, but only with respect to bodily injury or property damage arising out of your products which are distributed or sold in the regular course of a vendors business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: (1) Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection; demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests, or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the dis- tribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendors premises in connection with the sale of the product. (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a con- tainer, part or ingredient of any other thing or substance by or for the vendor; or (8) Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub-Paragraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. c. This provision does not apply to any vendor included as an insured by an endorsement issued by us and made part of the Coverage Part. d. This provision does not apply if bodily injury or property damage included within the products-com- plete hazards is excluded either by the provisions of the Coverage Part or by endorsement. XVI. Employee Bodily Injury To A Co-Employee SECTION II- WHO IS AN INSURED paragraph 2.a.(1) is replaced by the following: However, none of these employees or volunteer workers are insureds for bodily injury or personal and advertising injury: (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-employee while in the course of his or her employment or performing duties related to the conduct of your business, or to your other volunteer workers while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co-employee or volunteer worker as a consequence of Paragragh (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. 8.6.a Packet Pg. 48 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) CG MU 1078 12 20 Page 10 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. However, if a suit seeking damages for bodily injury or personal and advertising injury to any co -employee or other volunteer worker arising out of and in the course of the co -employees or volunteer workers em- ployment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co-employee or other volunteer worker, is brought against you or a co-employee or a volunteer worker, we will reimburse the reasonable costs that you incur in provid- ing a defense to the co-employee or volunteer worker against such matters. Any reimbursement made pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. XVII. Broad Knowledge/Notice Of Occurrence The following is added under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS: The requirement in condition 2.a. that you must see to it that we are notified of an occurrence or offense applies only when the occurrence or offense is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An Executive Officer or insurance manager, if you are a corporation; or 5. A member, if you are a limited liability company. The requirement in condition 2.b. that you must see to it that we receive notice of a claim or suit will not be considered breached unless the breach occurs after such claim or suit is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An Executive Officer or insurance manager, if you are a corporation; or 5. A member, if you are a limited liability company. If you report an accident to your Workers Compensation insurance carrier which later develops into a liability occurrence, coverage for which is provided by this policy, failure to report such occurrence to us at the time of the accident shall not be a violation of the notification of loss condition in this policy (Condition 2. in Section IV). It is understood and agreed, however, that you shall give notification of such occurrence to us as soon as you are made aware of the fact that the particular accident has developed into a liability claim. XVIII. Unintentional Failure To Disclose Hazards Under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 6. Representations is replaced by the following: By accepting this policy, you agree; 1. The statements in the Declarations are accurate and complete; 2. Those statements are based upon representations you made to us; and 3. We have issued this policy in reliance upon your representations; If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. 8.6.a Packet Pg. 49 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) CG MU 1078 12 20 Page 11 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. XIX. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, the paragraph 8. Transfer of Rights of Recovery Against Others To Us condition is amended by the addition of the following: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and include in the products completed operations hazard when you have waived such right of recovery under a written contract with that person or organization. Such written contract must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the bodily injury, property damage, personal and advertising injury; or 3. Executed after bodily injury, property damage, personal and advertising injury if: a. The terms and conditions of the written contract or written agreement had been agreed upon prior to the bodily injury, property damage, personal and advertising injury; and b. The insured can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had been agreed upon prior to the bodily injury, property damage, personal and advertising injury. XX. Insured Contract SECTION V DEFINITIONS, Insured Contract paragraph 9.a. is replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract. XXI. Mobile Equipment The following is added under SECTION V DEFINITIONS, 12. Mobile Equipment: Paragraph f.(1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. 8.6.a Packet Pg. 50 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) # R7178 Status Approved Page 1 of 2 Current Balance: $2,040.00Original Balance: $2,040.00Payment Schedules 1 resource(s)1 booking(s)Subtotal: $2,040.00 System User Jay Sandstrom Home Phone Number (425) 670-1496 Email Address ryan@edmondschamber.com Agent Name Ryan Crowther Organization Phone 1 Number (425) 670-1496Organization Name Edmonds Chamber Of Commerce - 34 TypeCustomer Organization Organization Address 121 5th Ave North Edmonds, WA 98020 Permit #R7178 Status Approved Date Mar 17, 2025 3:56 PM FAC (Frances Anderson Center) 700 Main Street Edmonds, WA 98020 PHONE:(425) 771-0230 FAX:(425) 771-0253 EMAIL:reczone@edmondswa.gov Permit Rental Fee $2,040.00 Discounts $0.00 Subtotal $2,040.00 Deposits $0.00 Deposit Discounts $0.00 Total Permit Fee $2,040.00 Total Payment $0.00 Refunds $0.00 Balance $2,040.00 Chamber of Commerce 4th of July Booking Summary Right of Way (Park)Center: Right of Way START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Fri, Jul 4, 2025 6:00 AM Fri, Jul 4, 2025 10:00 PM 1 $0.00 Resource level fees $2,040.00 Parks Labor Fee $120.00 / Each x 1 $120.00 Street Team Fee $1,920.00 / Each x 1 $1,920.00 DUE DATE AMOUNT DUE AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE Jun 6, 2025 $2,040.00 $0.00 $0.00 $2,040.00 8.6.a Packet Pg. 51 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) # R7178 Status Approved Page 2 of 2 X: Date: Edmonds Chamber Of Commerce Customer Type: Organization Customer ID: 33758 Mailing Address: 121 5th Ave North, Edmonds, WA 98020 Organization Phone 1 Number: (425) 670-1496 Authorized Agent Name: Ryan Crowther Home Phone Number: (425) 670-1496 Email Address: ryan@edmondschamber.com X: Date: FAC (Frances Anderson Center) Mailing Address: 700 Main Street, Edmonds, WA 98020 Phone Number: (425) 771-0230 Fax Number: (425) 771-0253 Email Address: reczone@edmondswa.gov 8.6.a Packet Pg. 52 At t a c h m e n t : 2 0 2 5 J u l y 4 E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 1 EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND PORCHFEST EDMONDS Event Date – July 13, 2025 THIS AGREEMENT (“Agreement”) is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the “City”), and PORCHFEST EDMONDS a federally recognized 501c-3 non-profit organization (hereinafter referred to as the “Porchfest”) (collectively, the “Parties”). WHEREAS, Porchfest has for three years held a free public event known as Porchfest: an event that brings community together in music and creative expression in and around neighborhood streets (“Event”); and WHEREAS, the City Council finds that the Event provides distinct benefits to the City by showcasing the City while providing a unique recreational opportunity for its citizens; and WHEREAS, the City Council finds that the Event enhances tourism and promotes economic development as well as providing an opportunity for good clean fun to its citizens; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City: 1.1 City will provide the following spaces to be used by the Event: as shown in Exhibit A (hereinafter referred to as the “City-Provided Site and Traffic Control Plan”): Use of City streets as diagramed in Exhibit A – Site Plan, for the Event to occur on July 14, 2025. Use of Hazel Miller Plaza for music performances. Use of Centennial Plaza for front porch stage and music performances. 1.2 City will place “No Parking” signs a minimum of seventy-two (72) hours before the Event, which is scheduled for Sunday, July 13, 2025, and otherwise assist with clearing the City-Provided Site of all vehicles from 9:00 a.m. on the date of the Event until 7:00 p.m. on the same day, to include contacting vehicle owners and coordinating towing of vehicles as needed. 1.3 City will provide barriers for street closures required to contain the City- Provided Site described in Paragraph 1.1 and identified in Exhibit A. 1.4 City will provide local access only signage for traffic control in the City- Provided Site described in Paragraph 1.1 and identified in Exhibit A. 8.6.b Packet Pg. 53 At t a c h m e n t : 2 0 2 5 P o r c h F e s t E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 2 1.5 City will deliver barriers adjacent to closure locations and Porchfest will position barriers at 9:00 a.m. the day of the Event. The number of barriers left by City at each of the twenty-one (21) locations will be sufficient to provide adequate street closure. 1.6 City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Snohomish County Department of Health or levels set forth in Chapter 5.30 of the City of Edmonds. 1.7 City will service public restrooms near City Hall and garbage cans on Main Street prior to the opening of the Event and one additional time in the afternoon. Clean up of any additional garbage left on streets or sidewalks and overflowing garbage is the responsibility of Porchfest. 2. Responsibilities of Porchfest 2.2 On the day of the Event, Porchfest will place barricades and local access only signage in the agreed upon locations at 9:00 a.m. The Event will run from 1:00 p.m. – 6:00 p.m. on Sunday, July 13, 2025. Porchfest will remove barriers at 7:00 p.m. to reopen intersections. 2.3 Porchfest will pay the City all permit fees, in accordance with the provisions of Chapters 4.90 and 4.100 ECC, for the above-mentioned facilities use and services at least ten (10) days prior to the Event. This Agreement will serve as the Special Event Permit application required under ECC 4.100.040. A statement of the estimated costs of City resources to be provided for the Event, to include the deployment of “No Parking” signs and placement and removal of street barricades and additional service of the downtown restroom, will be provided upon approval of the Special Event Permit. The actual costs of these resources will be determined after the Event, at which time the City will either refund the difference or invoice Porchfest for the additional costs due pursuant to ECC 4.100.090. 2.4 Representatives from City Police, City Public Works, and South County Fire Departments will meet with Porchfest officials to resolve any remaining or potential issues of traffic control and barricades prior to the Event, but will have no authority to waive the requirements of City ordinance or state law. 2.5 Porchfest will notify Community Transit of activities that may impact transportation services in Edmonds. 2.6 Porchfest will obtain The American Society of Composers, Authors and Publishers (ASCAP) and any other copyright licenses necessary. 8.6.b Packet Pg. 54 At t a c h m e n t : 2 0 2 5 P o r c h F e s t E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 3 2.7 Porchfest will comply with all applicable South County Fire guidelines, including the “Requirements for Outdoor Assembly Events” set forth in Exhibit B, attached hereto and incorporated herein by this reference. 2.8 All use and configuration of structures, booths and other temporary facilities used in the Event must comply with the “Requirements for Outdoor Assembly Events” set forth in Exhibit B. Such structures, booths and facilities will be inspected and reviewed by Edmonds Fire Marshal, Police Chief, Building Official, and Parks, Recreation and Human Services Director (“Parks Director”) or their designees to determine whether the facilities in use comply with the provisions of State and local law, as well as to ensure that no lasting or permanent damage will be done to any public facility or property. Edmonds Fire Marshal will inspect the facilities prior to the opening to the general public on or before 1:00 p.m., July 13, 2025, as the Parties will agree and note all potential problems. Prior to the opening of the Event, Porchfest will correct all problems. In the event that such problems are not corrected, City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of City, anything that threatens life, health or property appears. 2.9 Porchfest will provide a fire watch at all times in and around the booths and displays open to the general public as a part of the Event. 2.10 Porchfest will provide any and all security services necessary to reasonably secure the area and facilities provided, including the City-Provided Site. City will have no responsibility or liability for the provision of security services nor will it be liable for any loss or damage incurred by Porchfest or the participants in the Event. 2.11 Upon completion of the Event, Porchfest will make adequate provisions for the cleanup of all sites provided under the terms of this Agreement to restore them to the same state of cleanliness as existed the night prior to the Event. Cleanup of all relevant street pavements and sidewalks will be completed by 7:00 p.m. on that day. Cleanup areas include the City-Provided Site as described in Section 1 and all streets immediately surrounding the Event perimeter. A final inspection of the Event area will be conducted by a designated City official to determine if all areas are clean and returned to their original condition. For purposes of marking sidewalk or asphalt, Porchfest agrees to use a temporary, water soluble, environmentally friendly material; further, Porchfest will make best efforts to minimize the markings used on sidewalks and streets. 2.12 Colored banners or flags may not be placed in the existing holes in the public sidewalk designated for the American flag program. 2.13 Porchfest will provide laminated “No Parking” signs to Public Works no later than July 1, 2025. 8.6.b Packet Pg. 55 At t a c h m e n t : 2 0 2 5 P o r c h F e s t E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 4 2.14 The City will provide and oversee police supervision of the Event under the command of the Chief of Police or designee. Police staffing levels and fees to be paid to the City will be mutually determined by the Chief of Police, or designee, and the President of Porchfest. 2.15 Porchfest agrees that the Event is a public event. Porchfest further agrees that areas constituting the City-Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls, plazas and squares, are traditional public forums. As a result, Porchfest will permit citizens attending events open to the general public at the City-Provided Site during the Event to exercise therein their protected constitutional right to free speech without interference. 2.16 Chapter 6.80 of the Edmonds City Code (“Plastic Bag Reduction”) restricts the use of single-use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. Porchfest will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.17 Pursuant to the provisions of Chapters 6.90 (“Noncompostable Food Service Containers Prohibition”) and 6.95 ECC (“Single-Use Plastic Utensils – Prohibition”), which prohibit the use of non-compostable food service containers and single-use plastic utensils (such as plastic straws, stirrers and cutlery) at public events requiring a contract with the City, Porchfest will ensure that food vendors at this public event provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to Event participants. Aluminum and steel cans, plastic bottles and certain plastic cups that are accepted as recyclable continue to be acceptable for vendor use. Porchfest will provide for the on-site collection of compostable and recyclable materials from Event participants, using designated color-coded collection containers. Porchfest will ensure that on-site collection containers are serviced properly and continually during the Event. A Porchfest representative will meet with the City’s Recycling Coordinator or representative prior to June 13, 2025, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage, and the City will work to identify mutually agreed upon locations for food waste stations. These stations will be identified on Event maps and website. 2.18 Insurance: Porchfest will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance will be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products-completed operations and contractual liability. The City of Edmonds will be named as an additional insured on Porchfest’s General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad 8.6.b Packet Pg. 56 At t a c h m e n t : 2 0 2 5 P o r c h F e s t E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 5 coverage. The General Liability insurance will be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The insurance policy will contain, or be endorsed to contain, that Porchfest’s insurance coverage will be primary insurance as respect the City of Edmonds. Any insurance, self-insurance, or self-insured pool coverage maintained by the City of Edmonds will be excess of the Porchfest insurance and will not contribute with it. In the event Porchfest employees and/or volunteers provide the service of alcohol at the Event, the Porchfest General Liability insurance will also include host liquor liability coverage. However, if Porchfest contracts with a third-party vendor or vendors to provide all service of alcohol, Porchfest will be responsible for obtaining a Certificate of Insurance from all vendor(s) confirming that the vendor(s) have Liquor Liability coverage, with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate per vendor. The City will be named as an additional insured on any third-party vendor(s)’ Liquor Liability policies and copies of all endorsement(s) naming the City as an additional insured will be attached to the Porchfest Certificate of Insurance. Porchfest will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.19 Indemnification: Porchfest will defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with Porchfest’s performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless will include a waiver by Porchfest of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision has been mutually negotiated by the Parties and will survive the termination or expiration of this Agreement. 2.20 The Parties acknowledge that pursuant to the provisions of Chapter 70.160 RCW (hereinafter the “smoking ban”), smoking is prohibited in indoor areas, within twenty-five (25) feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. Porchfest warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. 8.6.b Packet Pg. 57 At t a c h m e n t : 2 0 2 5 P o r c h F e s t E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 6 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties’ reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of Porchfest will be deemed to be the same of the City for any purpose. Porchfest alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. Porchfest in the performance of this Agreement will comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and all requirements of the federal government, the State of Washington, the Snohomish Health District, and the City. 3.5 Non-Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement will not constitute a waiver of any other provision. 3.6 Termination. Each and every term and condition herein set forth and contained in this Agreement are expressly made terms, covenants, agreements and conditions, and a breach of any one of them by Porchfest will constitute a breach of this Agreement. In the event Porchfest fails to comply with any of the terms, covenants, agreements or conditions of this Agreement, or in the event Porchfest violates any local, city, county, state, or federal law, in connection with the Event, upon giving Porchfest twenty-four (24) hours’ advance written notice, the City may terminate this Agreement. Provided, the Parks Director may order Porchfest to cease operation of the Event hereunder immediately at any time should the Parks Director determine that the Event is detrimental to 8.6.b Packet Pg. 58 At t a c h m e n t : 2 0 2 5 P o r c h F e s t E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 7 public safety, health, or welfare. Such a determination may be made in relation to any public safety, health or welfare issue. In the event of termination of this Agreement, all the rights, licenses, and privileges herein contained will be terminated, Porchfest will have no further rights hereunder, and the City may require the immediate removal of all property of Porchfest and its vendors from the City-Provided Site. DATED this ______ day of ________________ 2025. CITY OF EDMONDS: PORCHFEST EDMONDS Mike Rosen, Mayor Courtney Soleta, Porchfest Edmonds Vice President ATTEST/AUTHENTICATED: Liz Morgan, Porchfest Edmonds, President Scott Passey, City Clerk APPROVED AS TO FORM: ____________________________________ Office of the City Attorney 8.6.b Packet Pg. 59 At t a c h m e n t : 2 0 2 5 P o r c h F e s t E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 8 Exhibit A City Provided Site and Traffic Control Plan 8.6.b Packet Pg. 60 At t a c h m e n t : 2 0 2 5 P o r c h F e s t E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) REQUIREMENTS FOR Outdoor Assembly Events The purpose of this handout is to assist the public in complying with requirements for holding Outdoor Assembly Events. It is not a complete list of permit or code requirements and should not be used as a substitute for applicable laws and regulations of the owner/design professional to review the submittal for completeness. Only complete applications will be accepted by the City for review. REQUIREMENTS: Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) Combustible refuse shall be kept in noncombustible containers with tight fitting or self-closing lids. Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) Any street or road that is closed to vehicle traffic via movable barricades shall maintain an obstruction free width of not less than 20 feet for emergency vehicle access. Any street or road that is closed to vehicle traffic via movable barricades shall require dedicated event staff to standby each barricade to assist emergency services personnel with access. Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross-bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) EXHIBIT B 8.6.b Packet Pg. 61 At t a c h m e n t : 2 0 2 5 P o r c h F e s t E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org ¨Smoking shall not be permitted in tents or membrane structures. Approved “No Smoking” signs shall be conspicuously posted. (IFC 3106.4.5) ¨An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures unless otherwise approved by the fire code official. (IFC 3103.8.6) ¨Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) ¨Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) ¨Cooking appliances or devices that produce sparks or grease-laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ▪Designated cooking tents not occupied by the public when approved by the fire code official. ▪Tents or structures where cooking appliances are protected with an automatic fire- extinguishing system. (IFC 3106.5.1) ¨Cooking equipment using combustible oils or solids shall meet the following: ▪A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ▪The equipment shall be placed on a noncombustible surface. ▪An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) ¨Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) ¨Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) ¨Each generator shall be provided with an approved portable fire extinguisher complying with Section 906.(IFC 3106.6.3) ¨LP-gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) ¨Portable LP-gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP-gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) ¨Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) 8.6.b Packet Pg. 62 At t a c h m e n t : 2 0 2 5 P o r c h F e s t E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 8.6.b Packet Pg. 63 At t a c h m e n t : 2 0 2 5 P o r c h F e s t E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) # R7369 Status Approved Page 1 of 2 Current Balance: $2,040.00Original Balance: $2,040.00Payment Schedules 3 resource(s)3 booking(s)Subtotal: $2,040.00 System User Jay Sandstrom Home Phone Number (425) 941-0445 Email Address Liz@porchfestedmonds.com Agent Name Liz Morgan Organization Phone 1 Number (425) 941-0445Organization Name Porchfest Edmonds - 490 TypeCustomer Organization Organization Address 130 2nd Ave N. Suite 1702 Edmonds, WA 98020 Permit #R7369 Status Approved Date Apr 23, 2025 1:51 PM FAC (Frances Anderson Center) 700 Main Street Edmonds, WA 98020 PHONE:(425) 771-0230 FAX:(425) 771-0253 EMAIL:reczone@edmondswa.gov Permit Rental Fee $2,040.00 Discounts $0.00 Subtotal $2,040.00 Deposits $0.00 Deposit Discounts $0.00 Total Permit Fee $2,040.00 Total Payment $0.00 Refunds $0.00 Balance $2,040.00 Porchfest Edmonds Booking Summary Centennial Plaza (Park)Center: Centennial Plaza START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Sun, Jul 13, 2025 9:00 AM Sun, Jul 13, 2025 7:00 PM 1 $0.00 Hazel Miller Plaza (Park)Center: Hazel Miller Plaza START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Sun, Jul 13, 2025 9:00 AM Sun, Jul 13, 2025 7:00 PM 1 $0.00 Right of Way (Park)Center: Right of Way START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Sun, Jul 13, 2025 9:00 AM Sun, Jul 13, 2025 7:00 PM 1 $0.00 Resource level fees $2,040.00 Park Maintenance Fee $120.00 / Each x 1 $120.00 Street Team Fee $1,920.00 / Each x 1 $1,920.00 DUE DATE AMOUNT DUE AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE Jun 13, 2025 $2,040.00 $0.00 $0.00 $2,040.00 8.6.b Packet Pg. 64 At t a c h m e n t : 2 0 2 5 P o r c h F e s t E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) # R7369 Status Approved Page 2 of 2 X: Date: Porchfest Edmonds Customer Type: Organization Customer ID: 37713 Mailing Address: 130 2nd Ave N. Suite 1702, Edmonds, WA 98020 Organization Phone 1 Number: (425) 941-0445 Authorized Agent Name: Liz Morgan Home Phone Number: (425) 941-0445 Email Address: Liz@porchfestedmonds.com X: Date: FAC (Frances Anderson Center) Mailing Address: 700 Main Street, Edmonds, WA 98020 Phone Number: (425) 771-0230 Fax Number: (425) 771-0253 Email Address: reczone@edmondswa.gov 8.6.b Packet Pg. 65 At t a c h m e n t : 2 0 2 5 P o r c h F e s t E v e n t A g r e e m e n t F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 1 EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND GREATER EDMONDS CHAMBER OF COMMERCE August 6 – 10, 2025 THIS AGREEMENT (“Agreement”) is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the “City”), and the GREATER EDMONDS CHAMBER OF COMMERCE (hereinafter referred to as the “Chamber”) (collectively, the “Parties”). WHEREAS, the Chamber has for a number of years sponsored a public event formerly known as Taste Edmonds, now the Edmonds Block Party, and proposes to do so again in 2025; and WHEREAS, the City Council finds that the Edmonds Block Party provides distinct benefits to local businesses and helps raise necessary funding to support events such as Car Show, Halloween, 4th of July, and the Holiday Tree Lighting, while providing a unique recreational opportunity for its citizens; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for community engagement and activity to its citizens; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the Chamber and the public benefit to be derived from this Agreement; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City (certain Chamber obligations included). 1.1. The City will provide use of Civic Center Playfield, parking on both sides of 7th Avenue adjacent to Civic Center Playfield and 6th Avenue in front of Civic Center Playfield from Bell Street to Daley Street. (See Exhibit A, attached hereto and incorporated herein by this reference) (hereinafter referred to as the “City-Provided Site” or “park”) for use as the venue for the Edmonds Block Party (hereinafter referred to as the “Event”), and agrees to the following: 1.1.1. “No Parking” signs will be placed on both sides of 7th Avenue and on 6th Avenue on Monday, August 4, 2025 at 8:00 a.m. (See Exhibit A for “No Parking” signage date range). 1.1.2. The Event setup will begin on Wednesday, August 6, 2025, at 6:00 a.m. 1.1.3. The Event will run from 3:00 p.m. to 10:00 p.m. Friday, August 8, 2025, and 12:00 p.m. – 10:00 p.m. Saturday, August 9, 2025. 8.6.c Packet Pg. 66 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 2 1.1.4. All surfaces and areas listed will remain available to the Event until final cleanup, to be completed by Sunday, August 10, 2025, at 2:00 p.m. 1.1.5. The City will designate twelve (12) additional ADA parking spaces to be located along 6th Avenue near the Event Box Office/Entrance (See Exhibit A). 1.2 The City will provide local access only signs for the two (2) alleys adjacent to the park where they connect with 6th and 7th Avenues to discourage attendees from traveling on the alleys and limiting residents’ access to their private driveways. 1.3 The City will provide twelve (12) official ADA parking signs and two (2) loading zone signs on 6th Avenue as identified in Exhibit A. In addition, both sides of 7th Avenue adjacent to the park will be designated for reserved parking spaces and should be marked “No Parking” August 7th at 6:00 am through August 11th at 6:00 am as identified in Exhibit A. 1.4 The City shall provide access to five (5) permanent restrooms, restocking three (3) times per day on the Friday and Saturday of the Event. Related fees are outlined in section 2.21 below. 1.5 The City may, upon request by the Chamber, install Edmonds Block Party street banners as provided by the Chamber at approved sites; provided that the Chamber obtains a Street Banner Permit from the Public Works Department and pays the required fee. The Chamber may install a banner on the tennis court fence as early as July 1, 2025. Size and location to be mutually agreed upon by the Chamber and Parks, Recreation and Human Services Director (hereinafter “Parks Director”) or designee. 1.6 The City may irrigate the field prior to the Event. The park irrigation system will be turned off by 8:00 a.m. on August 7, 2025. 1.7 The City will provide access to available power to include five (5) festival power receptacles (20A, 30A and 50A) and an additional fifteen (15) 20A receptacles as identified in Exhibit B. The Chamber must supply any additional power needed for the Event. The Chamber may utilize the overhead field lights while the Event is open to the public. The lights must be turned off at the conclusion of the Event each night. Overhead lighting schedule to be mutually agreed upon by the Chamber and the City. A Chamber representative and a City Public Works representative will meet prior to July 18, 2025, to draw up an exterior electrical plan. The City Electrician will have final say in all electrical matters. No ground penetrations are allowed unless authorized first by the City Electrician and City Parks Department. Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Chamber. 1.8 City shall provide potable water access in the southwest corner of the park (petanque courts) and in the northeast area of the park (playground area) for use 8.6.c Packet Pg. 67 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 3 by the food vendors. Additionally, the bottle filler station located near the permanent restrooms will be available. 1.9 The Chamber is not authorized to fasten anything to the buildings, structures, or trees unless authorized first by the City Parks Department. Doing so may result in damage cost recovery and/or fine. 1.10 Vehicles are only allowed to drive on the Sprague connection (east-west promenade) and in the food truck parking area as identified in Exhibit B. Any use of a vehicle larger than a gator on any other hardscape area may result in damage cost recovery and/or fine. 1.11 Alcohol may be served, so long as the Chamber obtains all required state licenses and approvals to serve alcohol. These will be furnished to the City at least five (5) business days prior to the Event, or as soon as the Chamber receives the licenses. 1.12 The City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Seattle King County Department of Health or levels set forth in Chapter 5.30 of the Edmonds City Code. 1.13 All use and configuration of structures, booths and other permanent or temporary facilities used in the Event must comply with the “Outdoor Assembly Events” and “Regional Fire Marshals Food Truck Inspection Checklist” set forth in Exhibit C, attached hereto and incorporated herein by this reference. Such structures, booths and facilities may be inspected and reviewed by the City Fire Chief, Police Chief, Building Official and Parks Director or their designees to determine whether the facilities in use comply with the provisions of Exhibit C and state and local law, as well as to ensure that no lasting or permanent damage will be done to any public facility or property. 1.14 The Edmonds Fire Marshal will inspect the facilities and all food trucks prior to the opening of the Event to the general public on or before 12:00 p.m., August 8, 2025, as the Parties will agree and note all potential problems. Prior to the opening of the Event, the Chamber will correct all problems related to fire safety. In the event that such problems are not corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of the City, any violation or other condition that threatens life, health or property has not been corrected. 1.15 The City will provide and oversee police supervision of the Event under the command of the Chief of Police or designee. Police staffing levels and fees to be paid to the City will be mutually determined by the Chief of Police, or designee, and the President and CEO of the Chamber. 8.6.c Packet Pg. 68 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 4 1.16 The City will supply a list of acceptable compostable and recyclable food ware items and suppliers for the compostable items. The City will provide signage for the on-site collection containers, and any additional containers, if needed. 2. Responsibilities of the Chamber 2.2 The Chamber agrees to the following general open hours of the Edmonds Block Party: 2.2.1 Friday, August 8, 2025: 3:00 p.m. – 10:00 p.m. Alcohol last call 9:30 p.m., no service after 9:45 p.m. 2.2.2 Saturday, August 9, 2025: 12:00 p.m. – 10:00 p.m. Alcohol last call 9:30 p.m., no service after 9:45 p.m. 2.3 The Chamber will ensure that all vendors have the necessary state permits for serving and selling alcohol. The Chamber intends to allow Event attendees 21 years and older on Friday, Aug. 8, and of all ages on Saturday, Aug. 9, and agrees to make its best effort to prevent service of alcohol to minors, including appropriate fencing around the Event, posting security at the entrances of the Event, and checking identification in accordance with common practice. Required fencing is addressed at Section 2.6, below. 2.4 The Chamber will obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.5 The Chamber will post “NO DOGS” signs on the City-Provided Site per Chapter 5.05 of the Edmonds City Code (“Animal Control”). The Chamber will notify vendors of this requirement as part of their registration instructions, and also inform vendors that this requirement will be enforced. This provision will not apply to service animals for the disabled. 2.6 The Chamber will provide a sufficient number of portable sani-cans and wash stations in addition to the City-provided permanent restrooms. Portable restrooms are not authorized to be placed on any of the grass surfaces and portable restroom service trucks are not permitted to drive on any surface other than the Sprague Connection promenade running East-West in the park. 2.7 The Chamber will provide fence installation and removal at the Civic Center Playfields around the exterior of the park (see Exhibit A). Precise fence location to be mutually agreed upon by the Chamber and the City in advance of the Event. The Chamber will provide all fencing for the Beer Garden and Wine Garden as required by law. 2.8 The Chamber will coordinate with the Boys and Girls Club to ensure their business remains accessible to their participants and vehicles as needed. 8.6.c Packet Pg. 69 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 5 2.9 The Chamber will contract and pay for garbage service. 2.10 The Chamber will insure that kilns, barbecues, forges and other sources of heat will be insulated from turfed areas to prevent the heat from killing the grass and sterilizing the soil. All heat producing appliances will be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to the Event opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. 2.11 Vehicles will only be allowed on Sprague Connection promenade and Food Truck area for load and unload, with adjacent streets used for parking during the Event. 2.12 The Chamber will notify all individual residents of the affected areas surrounding the park to provide awareness of the increase in park activity, noise, music and street closures a minimum of thirty (30) days prior to the Event. 2.13 Canopies, tents or similar structures must be held down with sandbags and not stakes. 2.14 The Chamber will arrange for a walk-through with the City electrician and obtain approval for the accommodation of power and electricity needs. 2.15 The Chamber will provide security services necessary during the daytime hours (daytime hours being defined as those hours which the Event is in operation), sufficient to reasonably secure the area and facilities provided. The City will have no responsibility or liability for the provision of security services nor will it be liable for any loss or damage incurred by the Chamber or the participants in the Event. 2.16 The Chamber will provide any and all security services necessary during the nighttime hours (nighttime hours being defined as those hours which the Event is not in operation), sufficient to reasonably secure the area and facilities provided. The City will have no responsibility or liability for the provision of security services nor will it be liable for any loss or damage incurred by the Chamber or the participants in the Event. 2.17 The Chamber will provide a fire watch for all times the Event is open to the general public. The Fire Marshal or representative may inspect the Event with the Chamber CEO or designated representative, prior to 12:00 p.m., Friday, August 8, 2025. 2.18 The Chamber will be responsible for restoring the City-Provided Site to its original condition including steam cleaning and pressure washing whenever required for all hard surfaces impacted by the Event. A Chamber representative will meet with a member of the City’s Parks and Recreation Department prior to August 8, 2025 and on August 11, 2025 to inspect the City-Provided Site to 8.6.c Packet Pg. 70 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 6 document the “original” and “post Event” conditions of the Civic Center Playfield and adjacent right of way spaces. 2.19 Cleanup areas include the City-Provided Site as described in paragraph 1.1 and all streets immediately surrounding the Event perimeter. 2.20 All garbage to the size of a cigarette butt, debris, litter, equipment, and any and all other items made necessary by or used in the provision of the Event will be picked up and removed by 2:00 p.m., Sunday, August 10, 2025. 2.21 Damage Deposit: The Chamber will submit a cleaning/damage deposit of $2,000.00 to the City prior to Monday, July 14, 2025. The deposit will be refunded to the Chamber if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning costs. 2.22 Fees: The Chamber will pay the City One Thousand Five Hundred Dollars ($1,500.00) for the use of the City-Provided Site prior to Monday, July 14, 2025. The Chamber will be responsible for the cost of City resources provided for the Event pursuant to the provisions of ECC 4.100.090. This Agreement will serve as the Special Event Permit application required under ECC 4.100.040. A statement of the estimated costs for City staff time for the deployment of no parking signs, restroom cleaning and restocking fees, removal and replacement of petanque courts and potable water access will be provided upon approval of the Special Event Permit. The estimated costs for City resources must be paid no later than ten (10) days prior to the Event. The actual costs of these resources will be determined after the Event at which time the City will either refund the difference or invoice the Chamber for additional costs due to pursuant to ECC 4.100.090. 2.23 Notices. All requests for additional services and concerns of the Chamber will be directed by the Chamber President to the City’s designated representative, the Parks Deputy Director, at 425-771-0232. 2.24 Insurance: The Chamber will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance will be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products- completed operations and contractual liability. The City of Edmonds will be named as an additional insured on the Chamber’s General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance will be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. 8.6.c Packet Pg. 71 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 7 The insurance policy will contain, or be endorsed to contain, that the Chamber’s insurance coverage will be primary insurance as respect the City of Edmonds. Any insurance, self-insurance, or self-insured pool coverage maintained by the City of Edmonds will be excess of the Chamber’s insurance and will not contribute with it. In the event that the Chamber’s employees and/or volunteers provide the service of alcohol at the Event, the Chamber’s General Liability insurance will also include host liquor liability coverage. However, if the Chamber contracts with a third-party vendor or vendors to provide all service of alcohol, the Chamber will be responsible for obtaining a Certificate of Insurance from all vendor(s) confirming that the vendor(s) have Liquor Liability coverage, with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate per vendor. The City will be named as an additional insured on any third-party vendor(s)’ Liquor Liability policies and copies of all endorsement(s) naming the City as an additional insured will be attached to the Chamber’s Certificate of Insurance. The Chamber will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.25 The Chamber agrees that the Edmonds Block Party is a public event. The Chamber further agrees that areas constituting the City-Provided Site that are covered under this Agreement, including but not limited to public rights of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber will permit citizens attending events open to the general public at the City-Provided Site during the Event to exercise therein their protected constitutional right to free speech without interference in a designated free speech zone that does not violate fire and ADA codes. 2.26 Chapter 6.80 of the Edmonds City Code (“Plastic Bag Reduction”) restricts the use of single-use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.27 Pursuant to the provisions of RCW 70.93.093 concerning event recycling, the Chamber will place clearly marked recycling containers throughout the Event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from Event participants. The Chamber will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.27, below). 2.28 Pursuant to the provisions of Chapters 6.90 (“Noncompostable Food Service Containers Prohibition”) and 6.95 ECC (“Single-Use Plastic Utensils – 8.6.c Packet Pg. 72 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 8 Prohibition”), which prohibit the use of non-compostable food service containers and single-use plastic utensils (such as plastic straws, stirrers and cutlery) at public events requiring a contract with the City, the Chamber will ensure that food vendors at this public event provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to Event participants. Aluminum and steel cans, plastic bottles and certain plastic cups that are accepted as recyclable continue to be acceptable for vendor use. The Chamber will provide for the on-site collection of compostable and recyclable materials from Event participants, using designated color-coded collection containers. The Chamber will ensure that on-site collection containers are serviced properly and continually during the Event. A Chamber representative will meet with the City’s Recycling Coordinator or representative prior to July 15, 2025, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage, and the City will work to identify mutually agreed upon locations for food waste stations. These stations will be identified on Event maps and website. 2.29 Indemnification: The Chamber shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Chamber and the City, its officers, officials, employees, and volunteers, the Chamber’s liability hereunder shall be only to the extent of the Chamber’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Chamber’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the Parties. The provisions of this section shall survive the expiration or termination of this Agreement. 2.30 The Chamber may in its discretion limit the participation of any vendor who produces duplication in order to adequately recognize limitations of space, failure to comply with applicable State or local health, liquor, or other requirements of law, and in order to provide an adequate and interesting diversity compatible with the recreation of the citizens of Edmonds. 2.31 Neither the Chamber nor any of its officers, agents, or employees will discriminate in the provision of service under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 8.6.c Packet Pg. 73 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 9 2.32 The Parties acknowledge that, pursuant to the provisions Chapter 70.160 RCW (herein after the “smoking ban”), smoking is prohibited in indoor areas, within twenty-five (25) feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Event or of the Chamber are required to be. This general description of the provisions of the statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. 3. Miscellaneous 3.1 Entire agreement, integration, amendment, waiver, applicable law and venue. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. The failure of either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of Washington, and any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties’ reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Chamber will be deemed to be the same of the City for any purpose. The Chamber alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 8.6.c Packet Pg. 74 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 10 3.4 Compliance with laws. The Chamber in the performance of this Agreement will comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and all requirements of the federal government, the State of Washington, the Snohomish Health District, and the City. It is the Chamber’s responsibility to ensure that all of its representatives and all participants in the Event comply with all relevant health and safety related guidance. In the event that the City provides written notice to the Chamber of issue(s) relating to public health or safety and such issue(s) are not promptly corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Parks Director and at the sole discretion of the City, such issue threatens public health and safety. 3.5 Termination. Each and every term and condition herein set forth and contained in this Agreement are expressly made terms, covenants, agreements and conditions, and a breach of any one of them by the Chamber will constitute a breach of this Agreement. In the event the Chamber fails to comply with any of the terms, covenants, agreements or conditions of this Agreement, or in the event the Chamber violates any local, city, county, state, or federal law, in connection with the Event, upon giving the Chamber twenty-four (24) hours’ advance written notice, the City may terminate this Agreement. Provided, the Parks Director may order the Chamber to cease operation of the Event hereunder immediately at any time should the Parks Director determine that the Event is detrimental to public safety, health, or welfare. Such a determination may be made in relation to any public safety, health or welfare issue. In the event of termination of this Agreement, all the rights, licenses, and privileges herein contained will be terminated, the Chamber will have no further rights hereunder, and the City may require the immediate removal of all property of the Chamber and its vendors from the City-Provided Site. DATED this ______ day of ________________ 2025. CITY OF EDMONDS: GREATER EDMONDS CHAMBER OF COMMERCE: Mike Rosen, Mayor Ryan Crowther, President and CEO ATTEST/AUTHENTICATED: 8.6.c Packet Pg. 75 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 11 Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 8.6.c Packet Pg. 76 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 12 Exhibit A 2025 Edmonds Block Party Site Plan & Traffic Control Plan 8.6.c Packet Pg. 77 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) 13 Exhibit B Civic Center Playfield Amenities Map 8.6.c Packet Pg. 78 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) REQUIREMENTS FOR Outdoor Assembly Events The purpose of this handout is to assist the public in complying with requirements for holding Outdoor Assembly Events. It is not a complete list of permit or code requirements and should not be used as a substitute for applicable laws and regulations of the owner/design professional to review the submittal for completeness. Only complete applications will be accepted by the City for review. REQUIREMENTS: Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) Combustible refuse shall be kept in noncombustible containers with tight fitting or self-closing lids. Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) Any street or road that is closed to vehicle traffic via movable barricades shall maintain an obstruction free width of not less than 20 feet for emergency vehicle access. Any street or road that is closed to vehicle traffic via movable barricades shall require dedicated event staff to standby each barricade to assist emergency services personnel with access. Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross-bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) Exhibit C 8.6.c Packet Pg. 79 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Smoking shall not be permitted in tents or membrane structures. Approved “No Smoking” signs shall be conspicuously posted. (IFC 3106.4.5) An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures unless otherwise approved by the fire code official. (IFC 3103.8.6) Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) Cooking appliances or devices that produce sparks or grease-laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ▪Designated cooking tents not occupied by the public when approved by the fire code official. ▪Tents or structures where cooking appliances are protected with an automatic fire- extinguishing system. (IFC 3106.5.1) Cooking equipment using combustible oils or solids shall meet the following: ▪A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ▪The equipment shall be placed on a noncombustible surface. ▪An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) Each generator shall be provided with an approved portable fire extinguisher complying with Section 906.(IFC 3106.6.3) LP-gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) Portable LP-gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP-gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) 8.6.c Packet Pg. 80 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY $ $ 600 Main Street, Ste. A Scott M. Campbell Cert ID 12438 121 5th Ave N Western National Mutual Insuranc 01/15/2025 121 5th Ave N 09/01/2024 09/01/2025UMB104981201 A Liquor Liability info@insuranceservicesgroup.com 09/01/2024 09/01/2025CPP129583101 A A A X Carol DuClos Edmonds WA 98020 Edmonds WA 98020 Edmonds WA 98020 (425) 775-6446 (425) 670-1496 (425) 640-9225 X X X X 100,000 1,000,000 2,000,000 2,000,000 10,000 Excluded 1,000,000 09/01/2024 09/01/2025CPP129583101 1,000,000 1,000,000 2,000,000 2,000,000 City of Edmonds RE: Block Party. Location: Civic Center Playfield. 310 6th Ave N. Edmonds, WA 98020 August 8 & 9, 2025 City of Edmonds included as Additional Insured if required by written contract per form CG MU 1078 06 22 sent with this Certificate. Greater Edmonds Chamber of Commerce X (13)CD 09/01/202509/01/2024CPP129583101 Page 1 of 1 8.6.c Packet Pg. 81 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) CG MU 1078 12 20 Page 1 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY CG MU 1078 12 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SPECIALTY SOLUTIONS ENHANCEMENT This endorsement modified insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (CG 00 01) SUMMARY OF COVERAGES Description Limit Of Insurance Abduction $50,000 per Abduction/$50,000 Aggregate/$1,000 deductible Additional Insured Broad Form Vendors Included Additional Insured Lessor Of Leased Equipment Included Additional Insured Managers Or Lessors Of Premises Included Additional Insured State Or Political Subdivisions Permits Included Additional Insureds By Written Contract Included Broad Form Property Damage $25,000 Per Occurrence Broad Knowledge/Notice Of Occurrence Included Damage To Premises Rented To You $300,000 Any One Premises Designated Location(s) General Aggregate Limit Included Employee Bodily Injury To A Co-Employee Included Insured Contract Amended Included Medical And Dental Payments $10,000 Medical Expense Limit Mobile Equipment Included Non-Owned Watercraft 51 Feet Occupational License Review Expense $2,500 Per Review/$5,000 Aggregate Property Damage Liability Borrowed Equipment $25,000 Occurrence/$50,000 Aggregate Property Damage Liability Elevator And Sidetrack Agreement Included Supplementary Payments Increased Limits Bail Bonds $2,500 Loss Of Earnings Per Day $1,000 Unintentional Failure To Disclose Hazards Included Waiver Of Transfer Of Rights Of Recovery Against Others To Us Included 8.6.c Packet Pg. 82 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) CG MU 1078 12 20 Page 2 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. The terms and conditions of this policy are amended as indicated below: I. Non-Owned Watercraft SECTION I COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, Exclusion 2.g.(2) is revised as follows: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your expressed or implied consent, either uses or is responsible for the use of the watercraft. This provision does not apply if the insured has any other insurance for bodily injury or property damage liability that would also be covered under this provision, whether the other insurance is primary, excess, contin- gent or on any other basis. In that case, this provision does not provide any insurance. II. Damage To Premises Rented To You Under SECTION I COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, the last paragraph of 2. is deleted and replaced with the following: Exclusions c. through n. do not apply to Property Damage to the premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insur- ance applies to this coverage which is the greater of: 1. The Damage To Premises Rented To You Limit for Each Occurrence shown in the Declarations; or 2. $300,000 Under Section III LIMITS OF INSURANCE, paragraph 6. does not apply. III. Supplementary Payments SECTION I COVERAGES, SUPPLEMENTARY PAYMENTS COVERAGES A & B, are revised as follows: 1. In paragraph 2., the limit of $250 for bail bonds is increased to $2,500. 2. In paragraph 4., the limit of $250 for daily loss of earnings is increased to $1,000. IV. Medical And Dental Payments Under SECTION I COVERAGES, COVERAGE C. MEDICAL PAYMENTS, if COVERAGE C. MEDICAL PAYMENTS, is not otherwise excluded from this Coverage Part: 1. The Medical Payments Limit is changed to the greater of: a. $10,000; or b. The Medical Expenses Limit shown in the Declarations of this Coverage Part. 2. The provision, in C.1.a.(2) that the expenses must be incurred and reported to us within one year of the date of the accident, is increased to three years. V. Broad Form Property Damage Under SECTION I COVERAGE A, Exclusion 2.j. is amended as follows: 1. Paragraph (3) does not apply. 2. Paragraphs (4) and (6) do not apply to customers property at your described premises. We do not cover any property: 1. Subject to motor vehicle registration; or 2. While being used to perform construction operations. Our limit for any one occurrence under this coverage provision is $25,000. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured, and SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. 8.6.c Packet Pg. 83 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) CG MU 1078 12 20 Page 3 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. VI. Occupational License Review Expense The following is added under SECTION I COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the per review and annual aggregate limits of insurance stated in this endorsement, we agree to pay the insured for reasonable and necessary covered expenses, as listed below, incurred and paid by the insured as a direct result of a occupational license review, conducted by a governmental bureau, board, commission or department, occurring during the policy period and in the coverage territory. a. Covered Expenses include: (1) Fees and expenses of any licensed independent investigative services or legal counsel, hired by the insured for the purpose of assisting or representing the insured at the occupational license review; and (2) Costs of travel, accommodations, and meals incurred by the insured in order to appear before the governmental bureau, board, commission or department. b. Exclusions This coverage will not pay for: (1) Hearing fees; or (2) Fines, judgments, lawsuits, or settlement amounts as the result of or in conjunction with the occu- pational license review; or (3) Expense(s) directly or indirectly caused or resulting from the fraudulent, dishonest, or criminal acts of the insured, any director or officer of the insured, or agents thereof, whether acting alone or in collusion with others; or (4) Lost salary or wages claimed by or for any insured while preparing for or attending the occupa- tional license review. 2. For the purposes of the coverage provided by this provision, SECTION III LIMITS OF INSURANCE is amended as follows: With respect to this endorsement only, the following apply: a. The per review limit of insurance shown in this endorsement is the most we will pay per review, regard- less of the number of insureds reviewed or subject to the occupational license review. b. The annual aggregate limit of insurance shown in this endorsement is the most we will pay for all cov- ered expenses for each policy period. c. In the event that the occupational license review continues over more than one policy period, the expenses shall be limited to the annual aggregate applicable to the policy period when the license review began. d. In no event will any expense claimed for an occupational license review be recoverable as expense for another occupational license review. e. The limits of insurance stated in this endorsement are not part of and are in addition to, the Liability Limits of Insurance shown in the Declarations for this policy. 3. For the purposes of the coverage provided by this provision, the following are added under SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS: a. In the event of a occupational license review during the policy period, the insured will: (1) Make every reasonable effort to give us immediate written notice and timely updates concurrent with activity regarding the occupational license review; (2) Provide us with the official report of the occupational license review; and (3) Provide us with documentation, including receipts, for expenses claimed under this coverage. b. The insurance under this endorsement will be excess over any other valid insurance or bond. 8.6.c Packet Pg. 84 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) CG MU 1078 12 20 Page 4 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 4. For the purposes of the coverage provided by this provision, the following are added under SECTION V DEFINITIONS: a. Insured as used in this endorsement means an employee of the Named Insured shown in the Decla- rations, but does not include leased or temporary workers or volunteers. Insured does not include the Named Insured, unless the Named Insured is an individual person operating as a sole proprietorship, or any other business, whether corporation, partnership, limited liability company or other organization. Insured only includes natural persons. b. Occupational license review means a formal or informal proceeding conducted by a governmental bureau, board, commission or department charged with regulating the insureds occupational license and involving the review, modification, denial, suspension, or nonrenewal of the insureds occupa- tional license or involving disciplinary action against the insured, including proceedings to impose a forfeiture or penalty; but occupational license review does not include a proceeding concerning any criminal or civil charge brought against the insured. VII. Abduction The following is added under SECTION I COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the limits, aggregate and deductible as stated in this endorsement, we agree to pay the insured for reasonable and necessary Covered Expenses, as listed below, incurred and paid by the insured or Guardian(s) as a direct result of an abduction occurring during the policy period and in the coverage Territory, provided that such abduction is otherwise the subject of this endorsement hereunder. Payment of such Covered Expenses may continue until the earliest of the following unless otherwise stated: a. Up to fourteen (14) days after the recovery of the Covered Individual(s); or b. Discovery of the death of the Covered Individual(s); or c. Twelve (12) months after the date of the abduction. Covered Expenses include the following incurred expenses: a. Fees and expenses of any independent investigative services, provided that we have given prior con- sent to the use of such independent investigative services; and b. Reward to an Informant for information leading to the recovery of the Covered Individual(s) and the arrest and conviction of the party(ies) responsible for the abduction; and c. Fees and expenses of independent forensic analysts engaged by the insured or Guardian(s) with prior authorization from us; and d. Fees and expenses of public relations consultants to assist in the location of the Covered Individual(s); and e. Publicity costs incurred solely and directly to assist in the resolution of an abduction; and f. Costs of travel and accommodations incurred by the insured or Guardian(s) while attempting to resolve an abduction; and g. Rest and rehabilitation expenses including travel, lodging and meals of the Covered Individual(s) and Guardian(s) incurred by the Guardian(s) and paid by the insured following resolution of the loss covered hereunder. The total amount under this provision shall not exceed $10,000 for any single loss; and h. Lost salary of Guardian(s), which is the amount of compensation paid at an annual rate including the average bonuses and commissions, that the Guardian(s) would normally have earned; and i. Fees for psychological or psychiatric counseling for the be nefit of Guardian(s), or siblings of the Cov- ered Individual(s) beginning on the date of recovery of the Covered Individual(s), until the earliest of the following: (1) Up to three (3) months after the recovery or discovery of the death of the Covered Individual(s); or (2) Twelve (12) months after the date of the abduction; and 8.6.c Packet Pg. 85 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) CG MU 1078 12 20 Page 5 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. j. Fees for psychological or psychiatric counseling for the benefit of Covered Individual(s) beginning on the date of recovery of the Covered Individual(s) and continuing up to twelve (12) months thereafter; and k. Medical services and hospitalization costs incurred for the Covered Individual(s) as a result of the abduction beginning on the date of recovery of the Covered Individual(s) an d continuing up to twelve (12) months thereafter; and l. Funeral and burial expenses of Covered Individual(s) resulting from an abduction. 2. Exclusions We will not pay any expense(s) directly or indirectly caused or resulting from: a. The fraudulent, dishonest, or criminal acts of any Insured, any director or officer of the Insured, parents or Guardian(s) or agents thereof, whether acting alone or in collusion with others; or b. Any legal liability or costs of defense for administrative, regulatory, judicial or other claims hearings or lawsuits arising out of the abduction; or c. Payment of any ransom or demand for money. For the purposes of the abduction coverage provided by this provision, SECTION III LIMITS OF INSURANCE is amended as follows: 1. The Limits of Insurance shown on this Endorsement and the rules below fix the most that we will pay regardless of the number of: a. Insureds; b. Claims made or suits brought; or c. Persons or organizations making claims or bring suits. 2. The Aggregate Limit shown on this Endorsement is the most we will pay for all Covered Expenses for each policy period. All expenses arising from an act or series of related acts involving one or more persons or an act error or event or a series of related acts, errors or events shall be treated as arising out of one abduction. However we will not pay for any loss resulting from an abduction which is part of a series of related acts that began prior to the effective date of this insurance. 3. In no event will any expense claimed, incurred or paid under one abduction be recoverable under another abduction. 4. The abduction limit is included as part of the Limits of Insurance under the Liabil ity and Medical Expenses Aggregate Limit. 5. We will not pay for loss in any one abduction until the amount of loss exceeds the deductible shown on this Endorsement. We will than pay the amount of loss in excess of the deductible up to the applicable Limit of Insurance as shown in this Endorsement. The deductible will not reduce the Limit of Insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS: 1. In the event of an abduction during the Policy Period, the Insured will make every reasonable effort to: (a) Determine that the abduction has actually occurred prior to incurring costs; and (b) Give immediate oral and written notice to us with periodic and timely updates concurrent with activity oc- curring during the incident; and (c) Immediately notify local, national or other appropriate law enforcement agency having jurisdiction over the matter. 2. Confidentiality The Insured will use all reasonable efforts not to disclose the existence of this Endorsement. 3. Other Insurance The insurance under this Endorsement will be excess over any other valid insurance. 8.6.c Packet Pg. 86 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) CG MU 1078 12 20 Page 6 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 4. Cooperation You must cooperate with us in all matters pertaining to this insurance as stated in its terms and conditions. 5. Due Diligence You and every insured or guardian must exercise due diligence in doing all things reasonably practicable to avoid or diminish any loss covered under this insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SECTION V DEFINITIONS: 1. Abduction means the wrongful and illegal seizure of a Covered Individual(s), by someone other than a Guardian(s) or an agent thereof, from the premises of the insured or on any other premises while such Covered Individual(s) are under the control of the insured occurring during the policy period. Abduction as used in this endorsement does not include the actions of any official acting within their lawful authority. 2. Covered Individual(s) means individual(s) under the care, custody and control of the insured. 3. Informant means any person, other than a Covered Individual, providing information not otherwise obtainable solely in return for a reward offered by the insured. 4. Guardian(s) means the natural and legal Parent(s) or legal and a ppointed Guardian, step-Parent(s) or foster Parent(s) of a Covered Individual(s) regardless of who has legal custody. 5. Premises means any place the insured conducts business. 6. Ransom means a consideration paid or demanded for the release of a Covered Individual(s) from captivity. VIII. Property Damage Liability Elevators And Sidetrack Agreements The following is added under SECTION I COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Exclusions j. (3), (4) and (6) do not apply to the use of elevators. 2. Exclusion k. does not apply to: a. The use of elevators; or b. Liability assumed under a sidetrack agreement. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured, and SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. IX. Designated Location(s)-General Aggregate Limit The following is added under SECTION I COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVERAGE A (Section I), and for all medical expenses caused by accidents under COVERAGE C (Section I), which can be attributed only to operations at a single designated location shown in the Decla- rations: a. A separate Designated Location General Aggregate Limit applies to each designated location, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of bodily injury or property damage included in the products-completed operations hazard, and for medical expenses under COVERAGE C regardless of the number of: (1) Insureds; (2) Claims made or suits brought; or (3) Persons or organizations making claims or bringing suits. 8.6.c Packet Pg. 87 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) CG MU 1078 12 20 Page 7 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. c. Any payments made under COVERAGE A, for damages or under COVERAGE C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated location also shown in the Declarations. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. 2. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVERAGE A (Section I), and for all medical expenses caused by accidents under COVERAGE C (Section I), which cannot be attributed only to operations at a single designated location shown in the Declarations: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Op- erations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Designated Location Aggregate Limit. 3. When coverage for liability arising out of the products-completed operations hazard is provided, any pay- ments for damages because of bodily injury or property damage included in the products -completed operations hazard will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. 4. The following is added under SECTION V DEFINITIONS Location means premises involving the same or connecting lots, or premises whose connection is inter- rupted only by a street, roadway, waterway or right-of-way of a railroad. 5. The provisions of LIMITS OF INSURANCE (SECTION III) not otherwise modified by this coverage shall continue to apply as stipulated. X. Property Damage Liability Borrowed Equipment The following is added to Exclusion j. under Coverage A. (Section I): Paragraph (4) of this exclusion does not apply to equipment which you borrow unless the property damage occurs while such equipment is being used by an insured at a job site. Subject to all of the terms of SECTION III LIMITS OF INSURANCE, the maximum limit in any one occurrence is $25,000 and an annual aggregate of $50,000. This insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to you, and SECTION IV COMMERCIAL GENERAL LIABILITY CONDI- TIONS 4. Other Insurance is changed accordingly. XI. Additional Insureds By Written Contract A. SECTION II WHO IS AN INSURED is amended to include as an additional insured any person or organ- ization that you are required to add as an additional insured to this policy by a written contract or written agreement that is: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the bodily injury, property damage, personal and advertising injury. B. The insurance provided to the additional insured applies as follows: 1. That person or organization is only an additional insured with respect to liability caused by your negli- gent acts or omissions at or from: (a) Premises you own, rent, lease, or occupy or (b) Your ongoing operations performed for the additional insured at the job indicated by written contract or agreement. 2. The limits of insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this policy whichever is less. These limits of insurance are inclusive of and not in addition to the limits shown in the Declarations. 8.6.c Packet Pg. 88 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) CG MU 1078 12 20 Page 8 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. With respect to the insurance afforded these additional insureds, the following additional insured exclusion applies: 1. If the additional insured is an architect, engineer, or surveyor, this insurance does not apply to bodily injury, property damage, personal and advertising injury arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings, designs or specifications; or (b) Supervisory, inspection, architectural or engineering activities. 2. The insurance afforded the additional insured does not apply to: (a) Bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on the behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than the contractor or subcontractor engaged in per- forming operations for a principal as part of the same project. XII. Additional Insured State or Political Subdivisions Permits The following is added to SECTION II WHO IS AN INSURED: 1. Any state or political subdivision which has issued a permit to you, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state, governmental agency or political subdivision has issued a permit or authorization. b. This insurance does not apply to: (1) Bodily injury, property damage, personal and advertising injury arising out of operations per- formed for the federal government, state or municipality; or (2) Bodily injury or property damage included within the products-completed operations hazard. XIII. Additional Insured Managers Or Lessors of Premises The following is added to SECTION II - WHO IS AN INSURED: 1. Any manager or lessor of premises shown in the Declarations is also an insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations and subject to the following additional exclusions: The following exclusions are added: 1. This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of any man- ager or lessor of premises shown in the Declarations. XIV. Additional Insured Lessor of Leased Equipment The following is added to SECTION II - WHO IS AN INSURED: 1. The person(s) or organization(s) who leases equipment to you for use in your business is also an insured, but only with respect to liability for "bodily injury", "property damage", "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "oc- currence" which takes place after the equipment lease expires. 8.6.c Packet Pg. 89 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) CG MU 1078 12 20 Page 9 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. XV. Additional Insured Broad Form Vendors The following is added to SECTION II - WHO IS AN INSURED: 1. Any person(s) or organization(s) (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance is also an additional insured, but only with respect to bodily injury or property damage arising out of your products which are distributed or sold in the regular course of a vendors business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: (1) Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection; demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests, or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the dis- tribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendors premises in connection with the sale of the product. (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a con- tainer, part or ingredient of any other thing or substance by or for the vendor; or (8) Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub-Paragraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. c. This provision does not apply to any vendor included as an insured by an endorsement issued by us and made part of the Coverage Part. d. This provision does not apply if bodily injury or property damage included within the products-com- plete hazards is excluded either by the provisions of the Coverage Part or by endorsement. XVI. Employee Bodily Injury To A Co-Employee SECTION II- WHO IS AN INSURED paragraph 2.a.(1) is replaced by the following: However, none of these employees or volunteer workers are insureds for bodily injury or personal and advertising injury: (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-employee while in the course of his or her employment or performing duties related to the conduct of your business, or to your other volunteer workers while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co-employee or volunteer worker as a consequence of Paragragh (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. 8.6.c Packet Pg. 90 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) CG MU 1078 12 20 Page 10 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. However, if a suit seeking damages for bodily injury or personal and advertising injury to any co -employee or other volunteer worker arising out of and in the course of the co -employees or volunteer workers em- ployment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co-employee or other volunteer worker, is brought against you or a co-employee or a volunteer worker, we will reimburse the reasonable costs that you incur in provid- ing a defense to the co-employee or volunteer worker against such matters. Any reimbursement made pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. XVII. Broad Knowledge/Notice Of Occurrence The following is added under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS: The requirement in condition 2.a. that you must see to it that we are notified of an occurrence or offense applies only when the occurrence or offense is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An Executive Officer or insurance manager, if you are a corporation; or 5. A member, if you are a limited liability company. The requirement in condition 2.b. that you must see to it that we receive notice of a claim or suit will not be considered breached unless the breach occurs after such claim or suit is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An Executive Officer or insurance manager, if you are a corporation; or 5. A member, if you are a limited liability company. If you report an accident to your Workers Compensation insurance carrier which later develops into a liability occurrence, coverage for which is provided by this policy, failure to report such occurrence to us at the time of the accident shall not be a violation of the notification of loss condition in this policy (Condition 2. in Section IV). It is understood and agreed, however, that you shall give notification of such occurrence to us as soon as you are made aware of the fact that the particular accident has developed into a liability claim. XVIII. Unintentional Failure To Disclose Hazards Under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 6. Representations is replaced by the following: By accepting this policy, you agree; 1. The statements in the Declarations are accurate and complete; 2. Those statements are based upon representations you made to us; and 3. We have issued this policy in reliance upon your representations; If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. 8.6.c Packet Pg. 91 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) CG MU 1078 12 20 Page 11 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. XIX. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, the paragraph 8. Transfer of Rights of Recovery Against Others To Us condition is amended by the addition of the following: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and include in the products completed operations hazard when you have waived such right of recovery under a written contract with that person or organization. Such written contract must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the bodily injury, property damage, personal and advertising injury; or 3. Executed after bodily injury, property damage, personal and advertising injury if: a. The terms and conditions of the written contract or written agreement had been agreed upon prior to the bodily injury, property damage, personal and advertising injury; and b. The insured can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had been agreed upon prior to the bodily injury, property damage, personal and advertising injury. XX. Insured Contract SECTION V DEFINITIONS, Insured Contract paragraph 9.a. is replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract. XXI. Mobile Equipment The following is added under SECTION V DEFINITIONS, 12. Mobile Equipment: Paragraph f.(1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. 8.6.c Packet Pg. 92 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) # R7254 Status Approved Page 1 of 2 Current Balance: $4,460.00Original Balance: $4,460.00Payment Schedules 1 resource(s)1 booking(s)Subtotal: $4,460.00 System User Jay Sandstrom Home Phone Number (425) 670-1496 Email Address ryan@edmondschamber.com Customer Name Ryan Crowther - 33758 TypeCustomer General Public Mailing Address 121 5th Ave N Edmonds, WA 98020 Permit #R7254 Status Approved Date Apr 2, 2025 3:42 PM FAC (Frances Anderson Center) 700 Main Street Edmonds, WA 98020 PHONE:(425) 771-0230 FAX:(425) 771-0253 EMAIL:reczone@edmondswa.gov Permit Rental Fee $2,460.00 Discounts $0.00 Subtotal $2,460.00 Deposits $2,000.00 Deposit Discounts $0.00 Total Permit Fee $4,460.00 Total Payment $0.00 Refunds $0.00 Balance $4,460.00 Edmonds Block Party Booking Summary Civic Field - Grass Large (Festival)Center: Civic Field START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Wed, Aug 6, 2025 12:00 AM Sun, Aug 10, 2025 2:00 PM 100 $1,500.00 Field Rental - R $1,500.00 / Each x 1 $1,500.00 Resource level fees $2,960.00 Damage Deposit $2,000.00 / Each x 1 $2,000.00 Parks Labor Fee $720.00 / Each x 1 $720.00 Street Team Fee $240.00 / Each x 1 $240.00 Deposit EVENT RESOURCE DEPOSIT FEE CHARGE TAX AMOUNT PAID REFUNDS BALANCE Edmonds Block Party Civic Field - Grass Large Damage Deposit $2,000.00 $0.00 $0.00 $0.00 $2,000.00 DUE DATE AMOUNT DUE AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE Jun 6, 2025 $4,460.00 $0.00 $0.00 $4,460.00 8.6.c Packet Pg. 93 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) # R7254 Status Approved Page 2 of 2 X: Date: Ryan Crowther Customer ID: 33758 Home Phone Number: (425) 670-1496 Email Address: ryan@edmondschamber.com X: Date: FAC (Frances Anderson Center) Mailing Address: 700 Main Street, Edmonds, WA 98020 Phone Number: (425) 771-0230 Fax Number: (425) 771-0253 Email Address: reczone@edmondswa.gov 8.6.c Packet Pg. 94 At t a c h m e n t : 2 0 2 5 E d m o n d s B l o c k P a r t y E v e n t A g r e e m e n t _ F i n a l ( S p e c i a l E v e n t A g r e e m e n t s : 4 t h o f J u l y , P o r c h f e s t , B l o c k P a r t y ) City Council Agenda Item Meeting Date: 05/27/2025 Fiber partners ILA consent Staff Lead: {Type Name of Staff Lead} Department: Information Services Preparer: Brian Tuley Background/History Committee meeting 5/6/2025 approved move to consent Staff Recommendation request addition to consent agenda Narrative Addendum 73 to the fiber partners agreement. This addendum adds 1 partner to the consortium and corrects name list of a previously approved partner. Attachments: Addendum 73_Adding_Local_connectiity Lab-corrections 2025_0314 8.7 Packet Pg. 95 8.7.a Packet Pg. 96 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 97 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) hankersu@kingcounty.gov Charles Beall Superintendent Robert Sears Charles_Beall@nps.gov 8.7.a Packet Pg. 98 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) agencyagreements@soundtransit.org Esther Jang Esther Jang eakinzel@seattleschools.org 8.7.a Packet Pg. 99 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) Í»¿¬¬´»Ú·¾»®Ñ²»Ð¿®¬²»®-¸·° ß¼¼»²¼«³éíóß¼¼·²¹ÔÑÝßÔ ÝÑÒÒÛÝÌ×Ê×ÌÇ ÔßÞ ¿-¿Ú·¾»®Ð¿®¬²»® Û¨¸·¾·¬ß ó Ù»²»®¿´Ì»®³-¿²¼Ý±²¼·¬·±²- 8.7.a Packet Pg. 100 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 101 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 102 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 103 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 104 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 105 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 106 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 107 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 108 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 109 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 110 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 111 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 112 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 113 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 114 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 115 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 116 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 117 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 118 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 119 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 120 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 121 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 122 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 123 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 124 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 125 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 126 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 127 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 128 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 129 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 130 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 131 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 132 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 133 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 134 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 135 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 136 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 137 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 138 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 139 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 140 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 141 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 142 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 143 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 144 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 145 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 146 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 147 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 148 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 149 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) 8.7.a Packet Pg. 150 At t a c h m e n t : A d d e n d u m 7 3 _ A d d i n g _ L o c a l _ c o n n e c t i i t y L a b - c o r r e c t i o n s 2 0 2 5 _ 0 3 1 4 [ R e v i s i o n 1 ] ( F i b e r p a r t n e r s I L A c o n s e n t ) City Council Agenda Item Meeting Date: 05/27/2025 Approval of ILA for the Commute Trip Reduction Plans and Programs Staff Lead: Rob English/Bertrand Hauss Department: Engineering Preparer: Emiko Rodarte Background/History On April 16, 2019, City Council approved the current interlocal agreement with Community Transit for Commute Trip Reduction. On May 20, 2025, staff presented this item to Committee B and it was forwarded to the consent agenda for approval. Staff Recommendation Approve ILA. Narrative In 2006, the Washington State Legislature passed the Commute Trip Reduction (CTR) Efficiency Act which amended the CTR requirements for local governments in counties experiencing the greatest automobile-related pollution and traffic congestion. The purpose of the amendments was to require the local governments to develop and implement programs and plans to reduce single occupancy vehicle trips and greenhouse gas emissions. Community Transit is responsible for administering the CTR plans and programs with all the eligible jurisdictions in Snohomish County. All employers within the County over 100 employers are required to be included in this Program. The key Community Transit tasks include the following: · Provide services to major employers within Snohomish County; · CTR administration and reporting; and · Coordination with all major employers within Snohomish County. The key City tasks include the following: · Appoint a CTR planning coordinator or notify Community Transit of any re-assignments; · Participation in group meetings when scheduled; and · Assist Community Transit working with other major employers within the City of Edmonds. The current Interlocal Agreement is effective through June 30, 2025. The agreement is updated every four years and this new Interlocal Agreement will therefore be effective until June 30, 2029. Attachments: Attachment 1 - Agreement 8.8 Packet Pg. 151 Interlocal Agreement for Administering CTR Plans and Programs (2025 – 2029) Page 1 of 12 INTERLOCAL AGREEMENT FOR ADMINISTERING COMMUTE TRIP REDUCTION (CTR) PLANS AND PROGRAMS This AGREEMENT, entered into by and between Snohomish County Public Transit Benefit Area (hereinafter referred to as COMMUNITY TRANSIT), and City of Arlington, City of Bothell, City of Edmonds, City of Lynnwood, City of Marysville, City of Mukilteo, City of Monroe, City of Mountlake Terrace, (hereinafter collectively referred to as the CITIES and individually as CITY), and hereinafter collectively referred to as the PARTIES , WITNESS THAT: WHEREAS, RCW 70A.15.4020 requires cities with “major employers” that are located within urban growth areas with a state highway segment exceeding the threshold of one hundred person hours of delay to develop ordinances, plans, and programs to reduce Vehicle Miles Traveled (VMT) and Single Occupant Vehicle (SOV) commute trips, and thereby reduce vehicle-related air pollution, traffic congestion, and energy use; and WHEREAS, the CITIES and COMMUNITY TRANSIT are authorized pursuant to RCW 70A.15.4020(5) and the Interlocal Cooperation Act, chapter 39.34 RCW, to enter into agreements to coordinate the development and implementation of commute trip reduction plans and programs; and WHEREAS, COMMUNITY TRANSIT worked in partnership with the CITIES and other Snohomish County jurisdictions to develop aligned CTR plans and ordinances that have been adopted into law by the CITIES; and WHEREAS, the PARTIES believe that it is more efficient and effective to implement the plans and programs in a coordinated manner and to designate COMMUNITY TRANSIT as the lead agency responsible for coordinating the implementation and administration of the CTR plans and programs for the CITIES; and WHEREAS, the PARTIES agree that the CITIES will assist COMMUNITY TRANSIT through the enforcement of their respective CTR ordinances; and WHEREAS, the CITIES have determined that the funds to support the CTR base plans and programs for the CITIES from the Washington State Department of Transportation (hereinafter referred to as WSDOT) will be provided to and managed by COMMUNITY TRANSIT to support the implementation and administration of the CTR plans and programs within the CITIES; and WHEREAS, the CITIES determine that it is within the best interest of the public to enter into an interlocal agreement with COMMUNITY TRANSIT, whereby 8.8.a Packet Pg. 152 At t a c h m e n t : A t t a c h m e n t 1 - A g r e e m e n t ( A p p r o v a l o f I L A f o r t h e C o m m u t e T r i p R e d u c t i o n P l a n s a n d P r o g r a m s ) Interlocal Agreement for Administering CTR Plans and Programs (2025 – 2029) Page 2 of 12 COMMUNITY TRANSIT will be the lead agency responsible for implementing and administering the CITIES’ CTR plans and programs; and WHEREAS, the PARTIES are not creating a separate legal or administrative agency under this AGREEMENT; and WHEREAS, no administrator or joint board is needed or responsible for administering the duties and obligations created by this AGREEMENT; and WHEREAS, no real or personal property will be held or used jointly by the PARTIES under this AGREEMENT; NOW, THEREFORE, in consideration of covenants, conditions, performances and promises hereinafter contained, the PARTIES hereto agree as follows: 1. RECITALS: The recitals set forth above, constituting a basis of the agreement of the PARTIES, are incorporated herein by references as if fully set forth. 2. SERVICE PROVISIONS: The PARTIES shall perform the services specified in the “STATEMENT OF WORK” attached as Exhibit A, which is made a part of this AGREEMENT by this reference. 3. FUNDING: COMMUNITY TRANSIT shall receive all funds provided by WSDOT allocated for the CITIES to support the administration of the CTR base plans and programs. 4. CHANGE IN FUNDING: This AGREEMENT is contingent upon COMMUNITY TRANSIT’s receipt of funds from WSDOT. If WSDOT funds for CTR are reduced or eliminated, the PARTIES shall review this AGREEMENT to determine the course of future CTR activities in the CITIES and any amendments to this AGREEMENT that may be required. 5. AGREEMENT PERIOD: This AGREEMENT is effective for COMMUNITY TRANSIT and each individual PARTY as of the date signed by COMMUNITY TRANSIT and each individual PARTY regardless of the signatures of the other parties to the AGREEMENT. The term of this AGREEMENT shall be from the effective date until June 30, 2029. 6. TERMINATION: The CITIES and/or COMMUNITY TRANSIT may terminate this AGREEMENT by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. Reimbursement for services performed by COMMUNITY TRANSIT, and not otherwise paid for by WSDOT prior to the effective date of such termination shall be paid as a pro rata portion of the 8.8.a Packet Pg. 153 At t a c h m e n t : A t t a c h m e n t 1 - A g r e e m e n t ( A p p r o v a l o f I L A f o r t h e C o m m u t e T r i p R e d u c t i o n P l a n s a n d P r o g r a m s ) Interlocal Agreement for Administering CTR Plans and Programs (2025 – 2029) Page 3 of 12 applicable WSDOT allocation amount by WSDOT. 7. SEVERABILITY: One or more of the CITIES may withdraw from this AGREEMENT by providing written notice of such intent, specifying the effective date thereof, at least thirty (30) days prior to such date. Such a withdrawal shall not affect other terms of conditions of this AGREEMENT between the remaining PARTIES. To this end, a withdrawal by a city from this AGREEMENT is declared severable. 8. AGREEMENT MODIFICATIONS: Any PARTY may request changes to this AGREEMENT. Any such changes that are mutually agreed upon shall be incorporated herein by written amendment of this AGREEMENT. No variation or alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES hereto. 9. NONDISCRIMINATION: The PARTIES, in performance of this AGREEMENT, shall comply with all applicable local, state, and/or federal laws, including Title VI of the Civil Rights Act of 1964 (Pub. L. No. 88-352), as amended, and the Civil Rights Restoration Act of 1987 (Pub. L. No. 100-259), and ordinances, and agree that they shall not discriminate against any person who is paid, for work completed, by funds indicated in this AGREEMENT or against any applicant for such employment on the grounds of race, color, religion, national origin, age, veteran status, or the presence of any sensory, mental, or physical disability. The PARTIES shall make reasonable accommodations to the sensory, mental, or physical disabilities of applicants and employees throughout the personnel process. In determining the extent of reasonable accommodation, the following factors will be considered: the safe and efficient operation of the organization; feasible financial costs and expenses; and the overall type and size of the organization’s operation. 10. INDEMNIFICATION: A. COMMUNITY TRANSIT shall protect, hold harmless, indemnify, and defend, at its own expense, the CITIES and their elected and appointed officials, officers, employees and agents, from any loss or claim for damages of any nature whatsoever, arising out of the performance of COMMUNITY TRANSIT under this Agreement, including claims by the state, COMMUNITY TRANSIT’s employees or third parties, except for those damages solely caused by the negligence or willful misconduct of the CITIES or their elected and appointed officials, officers, employees or agents. Individually, each CITY shall protect, hold harmless, indemnify, and defend, at their own expense, COMMUNITY TRANSIT, its elected and appointed officials, officers, employees and agents, from any loss or claim for damages of any nature whatsoever, arising out of the performance by that CITY under this Agreement, including claims by the state, and that CITY’S employees or third 8.8.a Packet Pg. 154 At t a c h m e n t : A t t a c h m e n t 1 - A g r e e m e n t ( A p p r o v a l o f I L A f o r t h e C o m m u t e T r i p R e d u c t i o n P l a n s a n d P r o g r a m s ) Interlocal Agreement for Administering CTR Plans and Programs (2025 – 2029) Page 4 of 12 parties, except for those damages solely caused by the negligence or willful misconduct of COMMUNITY TRANSIT or another CITY, its elected and appointed officials, officers, employees or agents. B. It is understood and agreed that this AGREEMENT is solely for the benefit of the PARTIES hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this AGREEMENT. C. This indemnification clause shall also apply to any and all causes of action arising out of performance of work activities under this AGREEMENT. Each contract for services or activities utilizing funds provided in whole or in part by this AGREEMENT shall include a provision that the PARTIES are not liable for damages or claims for damages arising from any subcontractor’s performance or activities under the terms of the contracts. D. Survivability: The indemnification obligations under this Section 10, including the waiver of immunity under the Industrial Insurance Act, shall survive the expiration or termination of this AGREEMENT. Such obligations shall remain enforceable to the fullest extent permitted by law. 11. WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE ACT: The indemnification provisions of Section 10 are specifically intended to constitute a waiver of each party’s immunity under Washington’s Industrial Insurance Act, Title 51 RCW, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor’s employees. The PARTIES acknowledge that this provision was specifically negotiated and agreed upon. 12. FILING/POSTING: Pursuant to RCW 39.34.040, a fully executed copy of this AGREEMENT shall be recorded with the office of the County Auditor and/or posted by subject on a PARTY’s website. 13. GOVERNING LAW: This AGREEMENT shall be governed by the laws of the State of Washington. The venue of any action arising out of this Agreement shall be in the Snohomish County Superior Court. 8.8.a Packet Pg. 155 At t a c h m e n t : A t t a c h m e n t 1 - A g r e e m e n t ( A p p r o v a l o f I L A f o r t h e C o m m u t e T r i p R e d u c t i o n P l a n s a n d P r o g r a m s ) Interlocal Agreement for Administering CTR Plans and Programs (2025 – 2029) Page 5 of 12 IN WITNESS WHEREOF, City of Arlington, City of Bothell, City of Edmonds, City of Lynnwood, City of Marysville, City of Mukilteo, City of Monroe, City of Mountlake Terrace, and Community Transit have executed this AGREEMENT as of the date and year written below. COMMUNITY TRANSIT CITY OF ARLINGTON ______________________________ ______________________________ Authorized Signature Authorized Signature Ric Ilgenfritz Don Vanney Chief Executive Officer Mayor of Arlington ______________________________ ______________________________ Date Date CITY OF BOTHELL CITY OF EDMONDS ______________________________ ______________________________ Authorized Signature Authorized Signature Kyle Stannert Mike Rosen Bothell City Manager Mayor of Edmonds ______________________________ ______________________________ Date Date CITY OF LYNNWOOD CITY OF MARYSVILLE ______________________________ ______________________________ Authorized Signature Authorized Signature Christine Frizzell Jon Nehring Mayor of Lynnwood Mayor of Marysville ______________________________ ______________________________ Date Date 8.8.a Packet Pg. 156 At t a c h m e n t : A t t a c h m e n t 1 - A g r e e m e n t ( A p p r o v a l o f I L A f o r t h e C o m m u t e T r i p R e d u c t i o n P l a n s a n d P r o g r a m s ) Interlocal Agreement for Administering CTR Plans and Programs (2025 – 2029) Page 6 of 12 CITY OF MONROE CITY OF MOUNTLAKE TERRACE ______________________________ ______________________________ Authorized Signature Authorized Signature Geoffrey Thomas Kyoko Matsumoto Wright Mayor of Monroe Mayor of Mountlake Terrace ______________________________ ______________________________ Date Date CITY OF MUKILTEO ______________________________ Authorized Signature Joe Marine Mayor of Mukilteo ______________________________ Date 8.8.a Packet Pg. 157 At t a c h m e n t : A t t a c h m e n t 1 - A g r e e m e n t ( A p p r o v a l o f I L A f o r t h e C o m m u t e T r i p R e d u c t i o n P l a n s a n d P r o g r a m s ) Interlocal Agreement for Administering CTR Plans and Programs (2025 – 2029) Page 7 of 12 EXHIBIT “A” Statement of Work ADMINISTERING COMMUTE TRIP REDUCTION PLANS 1. INTRODUCTION The Cities of Arlington, Bothell, Edmonds, Lynnwood, Marysville, Mukilteo, Monroe, and Mountlake Terrace (CITIES) have all adopted a similar CTR ordinance. This STATEMENT OF WORK is incorporated into the Interlocal Agreement titled “INTERLOCAL AGREEMENT FOR ADMINISTERING COMMUTE TRIP REDUCTION (CTR) PLANS AND PROGRAMS” and outlines the tasks and responsibilities for each of the PARTIES. COMMUNITY TRANSIT TASKS 2. GENERAL TASKS 2.1 Administer the CITIES’ CTR plans and programs according to the provisions of RCW 70A.15.4000 – 4100. 3. MAINTAIN RECORDS AND DOCUMENTS 3.1 Establish and maintain books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred solely for the performance of this AGREEMENT. 3.2 To facilitate the administration of the work described in this AGREEMENT, separate accounts shall be established and maintained within COMMUNITY TRANSIT’s existing accounting system or set up independently. Such accounts are referred to herein collectively as the “CTR Account”. 3.3 All costs charged to the CTR Account, including any approved services contributed by the CITIES shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers, or products evidencing in proper detail the nature and propriety of the charges. 3.4 If a CITY receives a public records request (PRR) pursuant to chapter 42.56 RCW, that includes public records potentially held by COMMUNITY TRANSIT as part of this Statement of Work, a copy of the PRR shall be given to 8.8.a Packet Pg. 158 At t a c h m e n t : A t t a c h m e n t 1 - A g r e e m e n t ( A p p r o v a l o f I L A f o r t h e C o m m u t e T r i p R e d u c t i o n P l a n s a n d P r o g r a m s ) Interlocal Agreement for Administering CTR Plans and Programs (2025 – 2029) Page 8 of 12 COMMUNITY TRANSIT. The CITY and COMMUNITY TRANSIT will coordinate disclosure of any public records responsive to the PRR under chapter 42.56 RCW. 3.5 Maintain database and master file records on all affected major employers and worksites. 4. PROVIDE CTR SERVICES TO MAJOR EMPLOYERS 4.1 Provide affected major employers with access to information and services, which will enable them to plan, implement, and manage CTR programs in a way that implements the CITIES’ CTR plans and ordinances and meets individual major employer goals. 4.2 Organize the content and format of a comprehensive CTR educational program for major employers and jurisdictions. 4.3 Ensure that the comprehensive CTR educational program in the CITIES is consistent with that developed by WSDOT. 4.4 Provide tailored ongoing educational, technical, and promotional assistance to support Employee Transportation Coordinators (ETCs) and employment site CTR programs. 4.5 Provide opportunities for ETCs to network with the ETCs of other affected major employers. 4.6 Provide information and technical assistance to affected major employers in developing CTR programs. Explain legal requirements and assist with initial survey and plan development. 4.7 Coordinate and facilitate employer networking, employer peer reinforcement, and employer recognition programs. 4.8 Produce two annual transportation option campaigns and distribute campaign materials. 4.9 Design and distribute CTR program materials, including new employee orientation materials, which major employers may use or copy to implement, promote, and manage CTR programs. 4.10 Provide major employers with access to information, materials, and programs that will enable them to adequately promote CTR programs. 8.8.a Packet Pg. 159 At t a c h m e n t : A t t a c h m e n t 1 - A g r e e m e n t ( A p p r o v a l o f I L A f o r t h e C o m m u t e T r i p R e d u c t i o n P l a n s a n d P r o g r a m s ) Interlocal Agreement for Administering CTR Plans and Programs (2025 – 2029) Page 9 of 12 Produce customized program materials for employees upon request. 4.11 Support CTR programs by offering supplemental services including a regional ride matching program, vanpool program, employer transit pass program, and Guaranteed Ride Home program. 4.12 Take the lead in coordinating the data collection process for major employers. Provide training to ETCs on data collection methodology. Ensure that major employers timely receive their worksite survey results and offer follow-up meetings to all major employers. 5. CTR ADMINITRATION AND REPORTING 5.1 Notification of Newly Affected Sites as defined by CITY ordinance 5.1.1 Partner with the CITIES appointed CTR planning coordinators to identify and engage major employers that are new or have not self-identified to their CITY or COMMUNITY TRANSIT. 5.1.2 Confirm that the site meets the criteria for a CTR affected major employer under RCW 70A.15.4010 5.1.3 Secure a state ID code from WSDOT. 5.1.4 Create a timeline for implementation of a major employer worksite commute trip reduction program and create the required legal file. 5.1.5 Provide guidance and technical assistance to support performance of a baseline measurement consistent with the rules established by WSDOT under RCW 70A.15.4060 within ninety (90) days of designation as a major employer. 5.1.6 Provide guidance and technical assistance to support newly designated major employers in developing and submitting a worksite commute trip reduction program within ninety (90) days after receiving the results of the baseline measurement. The program must be implemented within ninety (90) days after approval by the CITY. 5.1.7 Coordinate with CITIES to address major employers that do not respond to outreach or demonstrate a good faith effort to create, implement, and maintain a CTR worksite program. 5.2 Employee Surveying 8.8.a Packet Pg. 160 At t a c h m e n t : A t t a c h m e n t 1 - A g r e e m e n t ( A p p r o v a l o f I L A f o r t h e C o m m u t e T r i p R e d u c t i o n P l a n s a n d P r o g r a m s ) Interlocal Agreement for Administering CTR Plans and Programs (2025 – 2029) Page 10 of 12 5.2.1 Notify affected major employers of biennial employee surveying periods. 5.2.2 Provide ETCs with access and training for administering employee surveys using WSDOT’s survey system or through alternate methods approved by WSDOT. 5.2.3 Ensure affected major employers make employee surveys available to employees for two weeks, with an optional third week if necessary to increase response rates. 5.2.4 Ensure affected major employers make a good-faith effort to reach target response rates. 5.3 Worksite Program Reports 5.3.1 Notify affected major employers when biennial program reports are due and provide affected major employers with limited direct assistance accessing and using WSDOT submission platforms. 5.3.2 Review program reports for completeness for new sites and for sites that made progress toward goal. 5.3.3 For sites that failed to make progress, follow up with ETCs and other designated managers and/or staff to identify and add worksite commute trip reduction program modifications that are likely to support improved progress toward CTR program goals. 5.3.4 Forward modified worksite commute trip reduction programs to the appropriate CITY with recommendation of approval or disapproval. 5.3.5 Generate letters for use by the CITIES when approving or not approving modified worksite commute trip reduction programs of affected major employers. 5.4 Exemptions & Modification 5.4.1 Receive major employer requests for exemptions or modifications and send copy of request to CITIES. 5.4.2 Copy request to WSDOT for comment. 5.4.3 Review and analyze request and provide comments to CITIES; CITIES review analysis and provide directions to COMMUNITY TRANSIT. 8.8.a Packet Pg. 161 At t a c h m e n t : A t t a c h m e n t 1 - A g r e e m e n t ( A p p r o v a l o f I L A f o r t h e C o m m u t e T r i p R e d u c t i o n P l a n s a n d P r o g r a m s ) Interlocal Agreement for Administering CTR Plans and Programs (2025 – 2029) Page 11 of 12 5.4.4 Generate and send response if directed so by CITIES. 6. COORDINATION 6.1 Serve as liaison between WSDOT and the CITIES for the purposes of Chapter 70A.15 RCW. 6.2 Coordinate CTR outreach and marketing efforts with the CITIES and other transit agencies to create a comprehensive CTR program. 6.3 Collaborate directly with the CTR planning coordinators appointed by the CITIES to work with affected major employers to facilitate the timely development, submission, implementation, and revision of affected major employer worksite commute trip reduction programs. 6.4 Coordinate and facilitate CTR planning coordinator’s group meetings consisting of the CTR planning coordinators from CITIES as needed. This group functions as an information, coordination, and collaboration group for CTR activities. 6.5 Help CITIES monitor the progress of affected major employers after worksite CTR programs are implemented. 6.6 Meet at least annually with each CITY CTR planning coordinator to discuss major employer CTR programs in each jurisdiction. 6.7 Facilitate coordination with the CITIES to develop comprehensive and aligned four (4)-year commute trip reduction plans for 2029 - 2033 and a related community engagement process if required by WSDOT. 7. REPORTING 7.1 Submit a CTR administrative workplan describing the work COMMUNITY TRANSIT will do to deliver CTR programs in the CITIES; submitted no later than September of odd numbered years, covering the next two years. Made available for CITIES review as directed. 7.2 Submit quarterly status reports and invoices to WSDOT in a manner and format approved by WSDOT including documentation of the work completed over the previous quarter, along with proposed efforts for the upcoming quarter. Made available for CITIES review as directed. 8.8.a Packet Pg. 162 At t a c h m e n t : A t t a c h m e n t 1 - A g r e e m e n t ( A p p r o v a l o f I L A f o r t h e C o m m u t e T r i p R e d u c t i o n P l a n s a n d P r o g r a m s ) Interlocal Agreement for Administering CTR Plans and Programs (2025 – 2029) Page 12 of 12 CITIES TASKS 8. GENERAL TASKS 8.1 Provide COMMUNITY TRANSIT with copies of any proposed amendments to the CTR plan and ordinance. 8.2 Coordinate proposed amendments to CTR plans, municipal codes, and administrative guidelines with COMMUNITY TRANSIT who will facilitate coordination with the Washington State Department of Transportation and the Transportation Demand Management Technical Committee. 8.3 Appoint a CTR planning coordinator to liaise with COMMUNITY TRANSIT regularly, Notify COMMUNITY TRANSIT upon reassigning the CTR planning coordinator role. 8.4 Attend CTR planning coordinator group meetings when scheduled. 8.5 Notify COMMUNITY TRANSIT of potential CTR-affected major employers as they are identified; confirming the total set of known major employers with COMMUNITY TRANSIT at least annually through CTR planning coordination. 8.6 Assist COMMUNITY TRANSIT in addressing major employers that do not respond to outreach or fail to demonstrate a good faith effort to create, implement, or maintain a worksite commute trip reduction program by providing additional resources, sending notification letters, facilitating meetings, or implementing compliance measures as necessary. 8.7 Sign major employer commute trip reduction program approval / disapproval letters. 8.8 Attend mediation meetings with major employers during program review process if necessary. 8.9 Review employer exemption / modification requests from analysis submitted by COMMUNITY TRANSIT. Provide direction to COMMUNITY TRANSIT on how to proceed. 8.10 Actively engage in the 2029-2033 jurisdictional commute trip reduction plan update process facilitated by COMMUNITY TRANSIT. Ensure adherence to WSDOT guidelines. Work collaboratively with COMMUNITY TRANSIT to allocate necessary resources, adhere to common timelines, and produce required deliverables. 8.8.a Packet Pg. 163 At t a c h m e n t : A t t a c h m e n t 1 - A g r e e m e n t ( A p p r o v a l o f I L A f o r t h e C o m m u t e T r i p R e d u c t i o n P l a n s a n d P r o g r a m s ) City Council Agenda Item Meeting Date: 05/27/2025 South County Fire RFA Annexation Implementation Staff Lead: Jeff Taraday Department: City Council Preparer: Beckie Peterson Background/History April 22, 2025 Special Election: Edmonds residents approved Proposition 1 concerning Annexation into the South Snohomish County Fire & Rescue Regional Fire Authority. Annexation will take effect June 1, 2025. The Pre-Annexation Interlocal Agreement between South Snohomish County Fire and Rescue Regional Fire Authority and the City of Edmonds was approved by both entities on December 17, 2024. The signed, executed copy of the ILA is attached. (attachment 1) On May 20, 2025 during the Committee of the Whole, Council discussed the amended Use Agreement for Fire Station 17, Exhibit 5 Interlocal Agreement for Fire Code Official Services, and the Fee Schedule. The Committee of the Whole forwarded all three to a future consent agenda. Recommendation Council approval for the mayor to sign: 1. (Amended) Exhibit 4 Use Agreement for Fire Station 17 2. Exhibit 5 Interlocal Agreement for Fire Code Official Services 3. (New) South County Fire Inspection Review Permitting Fee Schedule Narrative The Pre-Annexation Interlocal Agreement provided details about how annexation would be carried out if approved by voters. The ILA was signed and executed prior to the Special Election, the applicable exhibits (1a, 1b, 2, 4, and 5) are now appropriate to sign and execute before annexation takes effect on June 1, 2025. 1. (Amended) Exhibit 4 Use Agreement for Fire Station 17 (attachment 1) Fire Station 17 will not be transferred to the RFA, rather the city will retain Station 17 and allow SCF exclusive use of Station 17 for the provision of fire and emergency services. There are several technical and logistical issues to address that will require additional time. The amendments to this agreement indicate some of the specifics, and indicates that both parties promise to work with each other in good faith to amend this Agreement appropriately and to jointly adopt such an amendment no later than August 1, 2025. 2. Exhibit 5 - ILA for Fire Code Official Services (attachment 2) 8.9 Packet Pg. 164 No changes to this document as included as Exhibit 5 to the original December 17, 2025 approved ILA. The language in the ILA Section 6: 6. Fire Marshal Services. Upon the City's annexation into the RFA, the RFA will perform fire investigation services for the City as the City's Fire Marshal. Additionally, the RFA will provide Fire Code Enforcement, Plan Review and Inspection services within the City boundaries pursuant to the lnterlocal Agreement for Fire Code Official Services attached hereto as Exhibit 5. Council should affirm that they are approve the Mayor to sign this Exhibit 5. 3. South County Fire Inspection Review Permitting Fee Schedule (attachment 3) Attachments: 2025-05-15 Station 17 Use Agreement Exhibit 5 PreAnnexation Agreement pg 49-61 South County FIre Inspection.Review.Permitting Fees 8.9 Packet Pg. 165 1 CITY OF EDMONDS USE AGREEMENT WITH SOUTH SNOHOMISH COUNTY FIRE & RESCUE REGIONAL FIRE AUTHORITY FOR FIRE STATION 17 THIS USE AGREEMENT (hereinafter referred to as the “Agreement”) is made and entered into this _____ day of __________, 2025, by and between the CITY OF EDMONDS (“City”) and SOUTH SNOHOMISH COUNTY FIRE & RESCUE REGIONAL FIRE AUTHORITY (“South County Fire”). ARTICLE I Recitals 1.1 PRELIMINARY STATEMENT: This Agreement is made with reference to the following facts: a. The City annexed into South County Fire effective ______ June 1, 2025 (the “Annexation Date”). b. RCW 52.26.100(2)(a) contemplates that upon annexing into a regional fire authority, a participating fire protection jurisdiction will transfer all real property related to fire protection and emergency services to the regional fire authority. c. Prior to the Annexation Date, South County Fire has provided fire and emergency medical services to the City pursuant to the Revised and Restated Interlocal Agreement for Fire and Emergency Medical Services dated January 26, 2017, and has utilized Station 17 to provide such services to the City. d. The parties recognize certain challenges in transferring title to Station 17 to South County Fire, including but not limited to the fact that Station 17 is located on the same legal lot of record as other City departments. e. In lieu of conveying title to Station 17 to South County Fire, the parties hereby enter into this Use Agreement to allow South County Fire to exclusively use Station 17 for the provision of fire and emergency medical services. e.f. After the execution of the pre-annexation agreement between the parties and before the Annexation Date, the parties realized that the version of the Station 17 use agreement attached to the pre-annexation agreement did not address certain issues that will need to be addressed moving forward. For example, section 3.2 allocates to South County Fire the duty to pay all utilities used on the Premises. The parties now realize that the electrical meter that serves Station 17 also serves the City’s public safety complex. There are various other City facilities located on the Station 17 Premises to which the City will need continuing access, including, but not limited to, the City’s chiller plant, electrical supply, switch gear, solar energy facilities, and a fiber optic cable that serves the City and third parties. 1.2 DEFINED TERMS: Formatted: List Paragraph, No bullets or numbering 8.9.a Packet Pg. 166 At t a c h m e n t : 2 0 2 5 - 0 5 - 1 5 S t a t i o n 1 7 U s e A g r e e m e n t ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 2 The following terms shall have the meanings specified in this article, unless otherwise specifically provided herein. Other terms may be defined in other parts of this Agreement. Annexation Date: ____________, June 1, 2025 Building: Fire Station 17 which is located at 275 6th Ave. N., Edmonds, WA 98043 City: City of Edmonds City’s Address: 121 5th Ave Edmonds, WA 98020 South County Fire: South Snohomish County Fire & Rescue Regional Fire Authority. South County Fire Address: 12425 Meridian Avenue S. Everett, WA 98208 Premises: Station 17 Property: The legal lot of record on which the Building is located. Authorized Use of Premises: Fire Station and related purposes. Exhibits: Exhibit “A” – Map of Property Exhibit “B” – Map of Building Exhibit “C” – Description of Premises Exhibit “D” – Map of Premises The above-described exhibits are attached to this Agreement and by this reference are made a part hereof. 1.3 NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and South County Fire agree as follows: ARTICLE II Premises and Term 2.1 PREMISES: In consideration of South County Fire’s agreement to forego taking title to the Building on the Annexation Date, the City hereby grants to South County Fire exclusive use and possession of the Premises on the terms and conditions herein. 2.2 PURPOSE: The purpose of this Agreement is to allow South County Fire exclusive use and possession of the Premises under the terms and conditions identified herein. 8.9.a Packet Pg. 167 At t a c h m e n t : 2 0 2 5 - 0 5 - 1 5 S t a t i o n 1 7 U s e A g r e e m e n t ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 3 2.3 EFFECTIVE DATE: As provided by RCW 39.34.040, this Agreement shall not take effect unless and until it has been (1) duly executed by both parties and (2) either filed with the County Auditor or posted on a website of either party. 2.4 TERM: The term of this Agreement shall commence on the Annexation Date and shall continue indefinitely and perpetually until South County Fire ceases to use the Premises for the Authorized Use. ARTICLE III Charges and Utilities 3.1 USE CHARGE: No charge shall be assessed to South County Fire. The parties agree that the covenants and conditions herein, plus the agreement that the City not be required to transfer title to the Building, constitute adequate consideration for South County Fire’s use and possession of the Premises. 3.2 UTILITIES AND SERVICES: South County Fire shall be responsible for the payment of all utilities used on the Premises. 3.2.1 The City will cooperate to ensure the supply of all utilities necessary for the Use of the Premises, which shall include: water, sewer, garbage, and electrical power. ARTICLE IV Use of Premises, Condition of Property, Improvements, Removal of Property, Maintenance 4.1 AUTHORIZED USE OF THE PREMISES: South County Fire shall be entitled to use the Premises for a Fire Station and related purposes. 4.2 CONDITION OF BUILDING: South County Fire accepts the Building in an “as is” condition on the Annexation Date. 4.3 REMOVAL OF PERSONAL PROPERTY: If South County Fire fails to remove any of its personal property from the Premises within sixty (60) days of the termination of this Agreement, such property shall revert to the City and the City may dispose of all or any part of such property in any manner the City shall deem proper. 4.4 MAINTENANCE OF THE BUILDING: South County Fire shall, at its sole cost and expense, maintain the Building and all improvements thereon, including the landscaping and the structural parts of the Building (including but not limited to the foundation, bearing exterior walls, sub-flooring, and roof, electrical, plumbing and sewage systems to the Building). . 4.5 ALTERATIONS AND IMPROVEMENTS: South County Fire shall be entitled to make alterations and improvements to the Building which are consistent with the Authorized Use, and South County Fire shall not be required to obtain City consent before proceeding with such alterations or improvements. 4.5.1 Upon completion of a capital improvement, South County Fire will notify the City of the total costs incurred for construction, Architect/Engineering, and permitting. 8.9.a Packet Pg. 168 At t a c h m e n t : 2 0 2 5 - 0 5 - 1 5 S t a t i o n 1 7 U s e A g r e e m e n t ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 4 ARTICLE V Insurance and Financial Security; Damage 5.1.1 CASUALTY INSURANCE: South County Fire shall insure the Building for casualty loss for the full replacement value. The City shall at all times be listed as an additional insured by endorsement on any such policy. 5.1.1 To the extent that insurance cannot be obtained in strict accordance with the terms in this section, the parties shall promptly meet and confer to reach a resolution which meets the intent of the parties as expressed in this section as nearly as possible. 5.2 CASUALTY LOSS: The parties hereto agree that neither party shall be responsible to the other for any property loss or damage done to the other’s personal property or areas occupied in the Building occasioned by reason of any fire, storm, or other casualty whatsoever. It shall be each party’s sole responsibility to provide its own protection against casualty losses of whatsoever kind or nature, and each party waives all claims against the other, its elected officials, employees and agents for damage to persons or property arising from any reason except for the negligence or willful misconduct of such party. 5.3 LIABILITY INSURANCE. Each party shall maintain its own liability insurance and/or self- insurance for its obligations from damage to property and/or injuries to persons arising out of its activities associated with this Agreement as it deems reasonably appropriate and prudent. The maintenance of, or lack thereof of insurance and/or self-insurance shall not limit the liability of the indemnifying part to the indemnified party(s). Each Party shall provide the other with a certificate of insurance or letter of self-insurance annually as the case may be. 5.4 DAMAGE OR DESTRUCTION In the event the Building and/or Premises are destroyed or damaged to such an extent as to render the same substantially untenantable, the City shall repair and/or replace the Building and/or Premises to substantially the same design and configuration unless otherwise mutually agreed to by the parties; provided, however, that South County Fire may make internal configuration changes to the Premises without the necessity of City consent. Due to the essential nature of the facility to serving the City and its residents, the City shall proceed with the repair and/or replacement of the Premises and/or Building as expeditiously as possible. In the event insurance proceeds for full replacement value are insufficient to fully cover the cost of repairs or replacement to substantially the same design and configuration, the parties shall be equally responsible for the uninsured costs ; provided, however, that each party shall be responsible for any portion of such uninsured cost which is solely attributable to any configuration/design changes made by such party. ARTICLE VI Environmental Liability 6.1 INDEMNIFICATION FOR ENVIRONMENTAL CLAIMS: Each party shall release, indemnify and hold harmless the other party, its commissioners, council members, agents, and employees from any and all governmental or private claims, costs, expenses, losses, 8.9.a Packet Pg. 169 At t a c h m e n t : 2 0 2 5 - 0 5 - 1 5 S t a t i o n 1 7 U s e A g r e e m e n t ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 5 liabilities, actions, assessments, liens, fines, penalties, demands, judgments, orders, or damages resulting or arising from the release or threatened release of Hazardous Substances on, in, above, under, or emanating from the Premises during the period when such indemnifying party used or occupied the Premises. The term “Hazardous Substances,” as used herein, shall mean any substance heretofore or hereafter designated as hazardous or deleterious under the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1251 et seq.; the Clean Air Act, 42 U.S.C. Sec. 7401 et seq.; the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601 et seq.; or the Hazardous Waste Cleanup-Model Toxic Control Act, RCW 70A.305 all as amended and subject to all regulations promulgated thereunder. ARTICLE VII Other Covenants 7.1 PAYMENT UPON TERMINATION BY SOUTH COUNTY FIRE. The parties acknowledge that if the City had conveyed title to the Building to South County Fire upon annexation, South County Fire would be able to recover some, or all, of the investments made in the Building if and when it elected to sell the Building. The parties also recognize that South County will make investments in the Building during the term of this Agreement which the City will benefit from upon termination of this Agreement. Therefore, the parties find that it is fair and just for South County Fire to be compensated as provided herein upon termination of this Agreement by South County Fire. The City shall reimburse South County Fire for the cost of any capital improvements made to the Building, less depreciation of such capital improvement.. . 7.1.1 For purposes of calculating the foregoing payment, the “cost of a capital improvement” shall include the following costs: (i) engineering and/or architectural fees, (ii) cost of construction and (iii) permitting costs. 7.1.2 The City shall make such payment in full within twelve (12) months of the termination of this Agreement. ARTICLE VIII Miscellaneous Provisions 8.1 DEFAULT: South County Fire shall be in default if it materially and substantially fails to comply with any provision of this Agreement and fails to satisfy such default within one hundred eighty (180) days or such longer period as may be necessary to cure such default following written notice from the City which provides specific details of the default and the necessary steps to be taken to cure such default. In the event of such default which is not timely cured, and following an unsuccessful mediation, the City may terminate the Agreement pursuant to Section 8.4.2 or, alternatively, pursue a cause of action for damages, injunction or other equitable or legal relief. 8.2 INDEMNIFICATION AND HOLD HARMLESS: Each party agrees to protect, save, defend, hold harmless and indemnify the other party, its officers, employees, and agents from any and all demands, claims, judgments, or liability for loss or damage arising as a result of accidents, injuries, or other occurrences on the Property arising out of this Agreement, 8.9.a Packet Pg. 170 At t a c h m e n t : 2 0 2 5 - 0 5 - 1 5 S t a t i o n 1 7 U s e A g r e e m e n t ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 6 occasioned by either the negligent or willful conduct of the indemnifying party, regardless of who the injured party may be. 8.2.1 Limited Waiver of Immunity Under Washington State Industrial Insurance Act, Title 51 RCW and Other Similar Industrial Insurance Schemes: The indemnifying party waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the indemnitee under the foregoing indemnification provision. The foregoing provision was specifically negotiated and agreed upon by the parties hereto. 8.3 ASSIGNMENT OF AGREEMENT: South County Fire may not assign this Agreement, except to an entity who assumes the obligations of South County Fire under the Interlocal Agreement. 8.4 TERMINATION: This Agreement may be terminated as provided in this section. 8.4.1 Termination by South County Fire. This Agreement will terminate when South County Fire ceases to use the Building as a fire station. Upon such termination, South County Fire shall quit and surrender the Premises to the City in a broom clean state. 8.4.2 Termination by the City. The City may terminate the Agreement upon providing South County Fire with not less than one (1) years advance notice. If the Agreement is terminated for this reason, South County Fire shall commence the process to subdivide the Property so that the Building and its adjacent parking area as shown on Exhibit A become a legal lot of record which can be conveyed to South County Fire. The City shall fully cooperate with such subdivision. South County Fire shall be responsible for all costs associated with this subdivision process. Upon completion of the subdivision, the City shall transfer the new legal lot of record to South County Fire for no consideration; provided, however, that the deed conveying the new legal lot (the “New Lot”) to South County Fire will contain a reversionary interest which provides that in the event the Building ever ceases to be used as an active fire station, the City may purchase the New Lot by paying to South County Fire the fair market value of the New Lot, minus the insured replacement value of the Building existing on the date of Annexation as annually adjusted by inflation as measured by the Seattle- Bellevue-Tacoma CPI-U June to June.). 8.4.3 Construction Contribution Funds Repayment. Upon termination of this Agreement, the City shall repay to South County Fire all Construction Contribution Funds paid to the City, if any, adjusted by inflation. 8.5 NOTICES: All notices, demands, requests, consents, and approvals which may, or are required to be given by any party to any other party hereunder, shall be in writing and shall be deemed to have been duly given if delivered personally, sent by facsimile, sent by a nationally recognized overnight delivery service, or if mailed or deposited in the United States mail and sent by registered mail, return receipt requested, postage prepaid to: South County Fire: South Snohomish County Fire & Rescue Regional Fire Authority 8.9.a Packet Pg. 171 At t a c h m e n t : 2 0 2 5 - 0 5 - 1 5 S t a t i o n 1 7 U s e A g r e e m e n t ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 7 12425 Meridian Avenue South Everett, WA 98208 The City: City of Edmonds Attention: Mayor City of Edmonds 121 5th Ave. N. Edmonds, WA 98020 or to such other address as the foregoing parties hereto may from time-to-time designate in writing and deliver in a like manner. All notices shall be deemed complete upon actual receipt or refusal to accept delivery. Facsimile transmission of any signed original document and retransmission of any signed facsimile transmission shall be the same as delivery of an original document. 8.6 QUIET ENJOYMENT: The City covenants that South County Fire shall have quiet enjoyment of the Premises during the term of this Agreement so long as the terms are complied with by South County Fire and subject to City’s right of entry onto the Premises as set forth herein. 8.7 CITY MAY ENTER PREMISES: City staff may enter to view the Premises to satisfy any legal duties the City may have, provided that the City shall do so in such manner as not to materially interfere with South County Fire’s normal and usual operations and upon prior notice to South County Fire. City staff may also enter the Premises to perform necessary maintenance and repairs on City facilities located there. 8.8 INTERPRETATION: This Agreement has been submitted to the scrutiny of the parties hereto and their counsel, if desired. In any dispute between the parties, the language of this Agreement shall in all cases be construed as a whole according to its fair meaning and not for or against either the City or South County Fire solely on the basis of which party drafted the provision. If any word, clause, sentence, or combination thereof for any reason is declared by a court of law or equity to be invalid or unenforceable against one party or the other, then such finding shall in no way affect the remaining provisions of this Agreement. 8.9 GOVERNING LAW: This Agreement, and the right of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Washington, and the parties agree that in any such action jurisdiction and venue shall lie exclusively in Snohomish County, Washington. 8.10 PREVAILING PARTY: South County Fire and City hereby agree that if either party resorts to litigation to enforce this Agreement, the Court, in such litigation, shall award reasonable costs and expenses, including attorney’s fees and costs, incurred to the prevailing party. 8.11 NO JOINT VENTURE: Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture or other joint enterprise between the parties. 8.9.a Packet Pg. 172 At t a c h m e n t : 2 0 2 5 - 0 5 - 1 5 S t a t i o n 1 7 U s e A g r e e m e n t ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 8 8.12 COMPLIANCE WITH LAWS: The Parties shall always exercise their rights and perform their respective obligations under this Agreement in full compliance with all applicable laws, ordinances, rules and regulations of any public authority having jurisdiction. 8.13 ENTIRE AGREEMENT: This Agreement and the Interlocal Agreement contain all of the understandings between the parties. Each party represents that no promises, representations, or commitments have been made by the other as a basis for this Agreement which has not been reduced to writing herein and in the Interlocal Agreement. No oral promises or representations shall be binding upon either party, whether made in the past or to be made in the future, unless such promises or representations are reduced to writing in the form of a modification to this Agreement executed with all necessary legal formalities by the parties hereto. 8.138.14 FORTHCOMING AMENDMENT: As noted in the recitals, this Agreement will need to be amended to address, at least the following items: 1) allocation of electric utility costs; 2) City access rights related to the maintenance and repair of City facilities on the Premises; 3) South County Fire’s duties with regard to facilities on the Premises that are not intended for South County Fire’s use. The parties promise to work with each other in good faith to amend this Agreement appropriately and to jointly adopt such an amendment no later than August 1, 2025. Formatted: List Paragraph, No bullets or numbering 8.9.a Packet Pg. 173 At t a c h m e n t : 2 0 2 5 - 0 5 - 1 5 S t a t i o n 1 7 U s e A g r e e m e n t ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 9 DATED this ____ day of _________, May, 2025. SOUTH SNOHOMISH COUNTY FIRE & RESCUE REGIONAL FIRE AUTHORITY Jim Kenny, Commissioner/Chair Michael Fearnehough, Commissioner David Chan, Commissioner Edward Widdis, Commissioner ATTEST: Melissa Blankenship, Executive Assistant to The Board of Commissioners. Mark Laurence, Commissioner/ Vice Chair Chris Teofilak, Commissioner Micah Rowland, Commissioner CITY OF EDMONDS ___________________________________ Mike Rosen, Mayor Approved as to Form: _____________________________________ Jeffrey Taraday, City Attorney 8.9.a Packet Pg. 174 At t a c h m e n t : 2 0 2 5 - 0 5 - 1 5 S t a t i o n 1 7 U s e A g r e e m e n t ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 10 STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) On this day personally appeared before me TYPE NAME HERE to me known to be the TYPE TITLE HERE of the SOUTH SNOHOMISH COUNTY FIRE & RESCUE REGIONAL FIRE AUTHORITY, and on oath verified that he/she was authorized to execute this document on behalf of the District for the uses and purposes therein mentioned. GIVEN under my hand and official seal this _______ day of __________, 2025. ________________________________________ Print Name: NOTARY PUBLIC in and for the State of Washington, Residing at _____________ My Commission Expires:_____________________ [NOTARY SEAL] STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) On this day personally appeared before me MIKE ROSEN, to me known to be the MAYOR of the CITY OF EDMONDS and on oath verified that they were authorized to execute this document on behalf of the City for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ____day of ____________2025. ________________________________ Name: NOTARY PUBLIC in and for the State of Washington, residing at ____________ My Commission Expires: ___________ [NOTARY SEAL] 8.9.a Packet Pg. 175 At t a c h m e n t : 2 0 2 5 - 0 5 - 1 5 S t a t i o n 1 7 U s e A g r e e m e n t ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 11 Exhibit “A” – Map of Property 8.9.a Packet Pg. 176 At t a c h m e n t : 2 0 2 5 - 0 5 - 1 5 S t a t i o n 1 7 U s e A g r e e m e n t ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 12 Exhibit “B” – Map of Building 8.9.a Packet Pg. 177 At t a c h m e n t : 2 0 2 5 - 0 5 - 1 5 S t a t i o n 1 7 U s e A g r e e m e n t ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 13 Exhibit “C” – Description of Premises Station 17 has both a mezzanine and lower floor. The description of the premises includes all of the mezzanine and lower floor plan. This includes the apparatus bay to include the decon room, training room, laundry room, and storage room. It also includes the living area, which is the rest of the lower floor and consists of 5 sleeping rooms, day room. kitchen/dinning, storage rooms, offices, Bathrooms, exercise room, and lobby. The mezzanine includes the mechanical and electrical rooms. 8.9.a Packet Pg. 178 At t a c h m e n t : 2 0 2 5 - 0 5 - 1 5 S t a t i o n 1 7 U s e A g r e e m e n t ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 14 Exhibit “D” – Map of Premises 8.9.a Packet Pg. 179 At t a c h m e n t : 2 0 2 5 - 0 5 - 1 5 S t a t i o n 1 7 U s e A g r e e m e n t ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 8.9.b Packet Pg. 180 At t a c h m e n t : E x h i b i t 5 P r e A n n e x a t i o n A g r e e m e n t p g 4 9 - 6 1 ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 8.9.b Packet Pg. 181 At t a c h m e n t : E x h i b i t 5 P r e A n n e x a t i o n A g r e e m e n t p g 4 9 - 6 1 ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 8.9.b Packet Pg. 182 At t a c h m e n t : E x h i b i t 5 P r e A n n e x a t i o n A g r e e m e n t p g 4 9 - 6 1 ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 8.9.b Packet Pg. 183 At t a c h m e n t : E x h i b i t 5 P r e A n n e x a t i o n A g r e e m e n t p g 4 9 - 6 1 ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 8.9.b Packet Pg. 184 At t a c h m e n t : E x h i b i t 5 P r e A n n e x a t i o n A g r e e m e n t p g 4 9 - 6 1 ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 8.9.b Packet Pg. 185 At t a c h m e n t : E x h i b i t 5 P r e A n n e x a t i o n A g r e e m e n t p g 4 9 - 6 1 ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 8.9.b Packet Pg. 186 At t a c h m e n t : E x h i b i t 5 P r e A n n e x a t i o n A g r e e m e n t p g 4 9 - 6 1 ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 8.9.b Packet Pg. 187 At t a c h m e n t : E x h i b i t 5 P r e A n n e x a t i o n A g r e e m e n t p g 4 9 - 6 1 ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 8.9.b Packet Pg. 188 At t a c h m e n t : E x h i b i t 5 P r e A n n e x a t i o n A g r e e m e n t p g 4 9 - 6 1 ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 8.9.b Packet Pg. 189 At t a c h m e n t : E x h i b i t 5 P r e A n n e x a t i o n A g r e e m e n t p g 4 9 - 6 1 ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 8.9.b Packet Pg. 190 At t a c h m e n t : E x h i b i t 5 P r e A n n e x a t i o n A g r e e m e n t p g 4 9 - 6 1 ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 8.9.b Packet Pg. 191 At t a c h m e n t : E x h i b i t 5 P r e A n n e x a t i o n A g r e e m e n t p g 4 9 - 6 1 ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 8.9.b Packet Pg. 192 At t a c h m e n t : E x h i b i t 5 P r e A n n e x a t i o n A g r e e m e n t p g 4 9 - 6 1 ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 1 SOUTH COUNTY FIRE FIRE PREVENTION INSPECTION/REVIEW/PERMITTING FEES PLAN REVIEW FEES Plan Review Not Associated with a Building, Minimum 1 Hour……….……………………………….$199.00 Plan Review When Associated with a Building Permit.……….…………… 25% of the building permit fee Other (Minimum 1 Hour*)…….………………..………………………………………………………………….$199.00 INSPECTION FEES These fees are only for additional inspections. Typical rough-in and final inspections are included in the base permit fee. Inspection (1-hour minimum) .………………………………………………………………………………….$ 199.00 Reinspection – Work concealed without inspection or work not ready at the time of inspection will be charged a reinspection fee. 1st Reinspection ...………………………………………………………………………………………………….$ 199.00 2nd Reinspection…...………………………………………………………………………………………………$ 199.00 3rd Reinspection + ….………………………………………………………………………………………………$ 398.00 Inspection, Overtime – Weekday Call Back (2-hour Minimum Charge - $199.00 per hour) ....$ 398.00 Inspection, Overtime – Weekend/Holiday (4-hour Minimum Charge - $199.00 per hour) .…..$ 597.00 8.9.c Packet Pg. 193 At t a c h m e n t : S o u t h C o u n t y F I r e I n s p e c t i o n . R e v i e w . P e r m i t t i n g F e e s ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 2 PERMIT FEES Alternative Automatic Fire Extinguishing Systems .……..……………….………………………………$ 577.00 Fire Alarm System, 5 or less devices, communicator (Flat Fee) ……..…………..………………….$ 321.00 Fire Alarm System, New 6-25 devices, (Flat Fee).............................……………………………….……$ 1066.00 Fire Alarm System, Additional Devices Over 25…….……...…………………………………………………$ 9.00 Fire Sprinkler Systems, NFPA 13-D (One/Two Family and Townhomes) ……………………………$ 230.00 Fire Sprinkler Systems, NFPA 13 or 13R, Tenant Improvements...……………………………………$ 321.00 5 or Less Heads (Flat Fee) Fire Sprinkler Systems, New and Greater than 6 Head ………………………………………………....$ 974.00 Modifications (Base Fee) Sprinkler Head (Per Unit)...…………………..………………………………………………………………………$ 9.00 Standpipe (Per Unit) …………….………………………………………………………………………………….$ 577.00 Fire Pump (Per Unit)….…….……………………………………………………………………………………….$ 614.00 Underground Storage Tank Decommissioning, Commercial….. ……………………………………..$ 577.00 Underground Storage Tank Decommissioning, Residential (Per Tank) .…………….………………$ 256.00 OPERATIONAL PERMITS ………………………………………………………………………………………….$ 398.00 SERVICE AND OTHER CHARGES Preventable Alarms, After 3 Alarms Within 180 Days ......................................................,$1,076.00 8.9.c Packet Pg. 194 At t a c h m e n t : S o u t h C o u n t y F I r e I n s p e c t i o n . R e v i e w . P e r m i t t i n g F e e s ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) 3 Existing Building Inspection Fees Fire Safety Inspection Fees Building or tenant size (square feet) Fee B, M, R (Less than 20 Units), U Occupancies A, E, R (More than 20 Units) Occupancies F, H, I, S Occupancies 0-1000 $75 $125 $155 1,001-2500 $105 $175 $270 2,501-5,000 $155 $255 $405 5,001-7,500 $190 $305 $470 7,501-10,000 $205 $320 $495 10,001-12,500 $240 $380 $520 12,501-15,000 $270 $455 $545 15,001-17,500 $290 $485 $570 17,501-20,000 $315 $510 $600 20,001-30,000 $355 $580 $620 30,001-40,000 $380 $620 $635 40,001-50,000 $405 $660 $660 50,001-60,000 $430 $700 $700 60,001-70,000 $455 $745 $745 70,001-100,000 $495 $785 $785 100,001-150,000 $580 $825 $825 150,001-200,000 $660 $865 $865 Over 200,000 $745 $910 $910 Reinspection of Existing Building Inspection Fees For uncorrected violations at time of re-inspection $100 All fees adjusted by annual inflationary costs. CPI-W for Seattle-Tacoma-Bellevue published in June.Annual fees will have an additional 4% added each year until 2028 for catch up from past years of inflationary costs. 8.9.c Packet Pg. 195 At t a c h m e n t : S o u t h C o u n t y F I r e I n s p e c t i o n . R e v i e w . P e r m i t t i n g F e e s ( S o u t h C o u n t y F i r e R F A A n n e x a t i o n I m p l e m e n t a t i o n ) City Council Agenda Item Meeting Date: 05/27/2025 Award Construction Contract to Shoreline Construction for the Phase 15 Waterline Replacement Project Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On May 20, 2025, staff presented this item to council committee B and the committee requested information be added in the agenda item regarding staff's review of the low bidder's qualifications. The committee's recommendation was to place the item on the consent agenda after staff completed the review of the bid documents. Staff Recommendation Award construction contract to Shoreline Construction in the amount of $3,146,654.36 and authorize a management reserve of $314,665 for the Phase 15 Waterline Replacement Project. Narrative This project is part of the City’s water annual replacement program to replace and upgrade existing water lines and associated appurtenances at various locations around the City that are reaching the end of their useful service life, are undersized and unable to meet current requirements, or have some other existing system deficiency. The project will replace water piping with associated services and hydrants at various locations around the City. Construction bids were opened May 20, 2025. The bids ranged from a low of $3,146,654.36 to a high of $4,031,900.80. The engineer’s estimate was $4,000,304. Refer to attachment 5 for a summary of bids. Shoreline Construction submitted the low responsive bid of $3,146,654.36. The City's review of Shoreline Construction's bid documents were found to be complete and the contractor has the required qualifications and experience for the project. Attachment 3 is the City's completed Bidder responsibility checklist and attachment 4 is the signed Statement of Bidder Qualifications from the contractor. The Contractor has performed projects of similar size and scope as required by the Contract documents which included: · Construction of at least 1,000 linear feet of 8-inch diameter or larger water main replacement and appurtenances. · Trenchless installation of 2-inch service line of at least 200 feet in length. · Work involving flushing and/or disinfection of drinking water system infrastructure. Shoreline Construction has also successfully completed the following utility (water/sewer/storm) replacement projects for the City in the past five years: · 2024 Utility Replacement Project 8.10 Packet Pg. 196 · 2023 Utility Replacement Project · 2022 Utility Replacement Project · 2020 Phase 1 Storm Replacement Project · 2020 Phase 7 Sewer Replacement Project · 2019/2020 Dayton 3rd to 9th Utility Replacement Project The project is funded by the water utility fund (Fund 421) and the proposed construction budget is shown in attachment 2. Construction will begin in July and is expected to be complete by the end of this year. Financial Impact The project costs are being funded by the 421 Water Utility Fund. The total estimated costs for construction, including management reserve and construction management is $3,933,317.95. The 2025 Funding available for the Phase 15 Waterline Replacement project is $3,465,000. A portion of the approximately $1,500,000 in 2025 cost savings from the Yost and Seaview Reservoir project will be reallocated to the Phase 15 Funding to bring the construction funding to the $3,933,317.95 total. Attachments: Attachment 1 - Vicinity Map Attachment 2 - Budget Attachment 3 - Bidder Responsibility Checklist Attachment 4 - Statement of Bidder Qualifications Attachment 5 - Bid Tabulation 8.10 Packet Pg. 197 BOWDOINWAY 95TH PL W 9TH AVE S TIMBERLANE RD 228TH ST SW M A P LEWOOD DR 176TH ST SW W OOD W A Y P ARK RD 208TH ST SW 68 TH AVE W F I R D A L E A VE O L Y M P IC V I E W D R 212TH ST SW 64TH AVE W 84 T H AVE W 9TH AVE N 5TH AVE S 226TH PL SW ME ADO W D A L E B E A C H R D 200TH ST SW 100THA V E W 204TH ST SW 76TH A V E W 244TH ST SW FISHE R RD 88TH AVE W 220TH ST SW L A K E V I E W D R 188TH ST SW 3RD AVE S 228TH ST SW OLYMPIC AVE WALNUT ST 238TH ST SW 66TH AVE W 180TH ST SW MAIN ST 7 5 TH P L W 235TH PL S W 196TH ST SW HIGH W AY99 9TH AV E N CASPERS ST 3RD AV E N PUGET DR 244TH ST SW EDMONDS WAY 3RD AVES LAKE BALLINGER WAY E DM O N D S WAY NB INTERSTATE 5 SW SB INTERST ATE 5 SW ¡£¤524 ¡£¤99 ¡£¤104 ¥§¨¦5 Yost Memorial Park City Park Snohomish County Park Meadowdale Beach Park Pine Ridge Park MOUNTLAKE TERRACE LYNNWOOD EDMONDS WOODWAY City of Edmonds Phase 12 Sewer Rehabilition Project September 2018 8.10.a Packet Pg. 198 At t a c h m e n t : A t t a c h m e n t 1 - V i c i n i t y M a p ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r t h e P h a s e 1 5 W a t e r l i n e R e p l a c e m e n t P r o j e c t ) Phase 15 Waterline Replacement Proposed Construction Budget Description Amount Contract Award 3,146,654.36$ Contract Award Management Reserve (10%) 314,665.44$ Construction Management, Inspection & Testing (15%) 471,998.15$ Total = 3,933,317.95$ Funding Amount Water Fund 3,933,317.95$ Total = 3,933,317.95$ Construction Funding 8.10.b Packet Pg. 199 At t a c h m e n t : A t t a c h m e n t 2 - B u d g e t ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r t h e P h a s e 1 5 W a t e r l i n e R e p l a c e m e n t P r o j e c t ) City of Edmonds Bidder Responsibility/Responsiveness Checklist MANDATORY: The following checklist may be used by Owners in documenting that a Bidder meets the mandatory bidder responsibility criteria. It is suggested that Owners print a copy of documentation from the appropriate website to include with this checklist in the contract file. General Information Project Name: Phase 15 Waterline Replacement Project Number: E24JA Bidder’s Business Name: Shoreline Construction Bid Submittal Deadline: 5/20/2025 Contractor Registration – RCW 18.27 https://secure.lni.wa.gov/verify/ License Number: SHOREC*374N0 Status: Active: Yes  No  Effective Date (must be effective on or before Bid Submittal Deadline): 8/20/1963 Expiration Date: 10/02/2026 Current UBI Number – https://secure.dor.wa.gov/gteunauth/_/ (click on “Business Lookup”) UBI Number: 178 072 242 Account: Open  Closed  Industrial Insurance Coverage – Title 51 RCW https://secure.lni.wa.gov/verify/ Account Number: GLO137480701 Account Current: Yes  No  Employment Security Department Number – Title 50 RCW Employment Security Department Number:086191003  Has Bidder provided account number on the Bid Form? Yes  No  State Excise Tax Registration Number – Title 80 RCW https://secure.dor.wa.gov/gteunauth/_/ (click on “Business Lookup”) Tax Registration Number: 178072242 Account Closed: Open  Closed  Not Disqualified from Bidding – RCW 39.06.010 / 39.12.065(3) https://secure.lni.wa.gov/debarandstrike/ContractorDebarList.aspx Is the Bidder listed on the “Contractors Not Allowed to Bid” list of the Department of Labor and Industries? Yes  No  Federal Debarment Check for Prime Contractor and all Subcontractors – Yes  No  Attach documentation for each contractor/subcontractor checked. COMPLETENESS REVIEW: Executed Proposal Yes  No  Executed Wage Law Compliance Certification Yes  No  Bid Bond Yes  No  Addenda acknowledged Yes  No  Subcontractors Listed Yes  No  HVAC, Plumbing & Electrical Subcontractor Listed (contracts over $1M) Yes  No  Cert. of Equal Employment Opportunity Yes  No  Non-Collusion Affidavit included Yes  No  Statement of Bidder Qualification (Reviewed/Approved) Yes  No  Bid Schedule Completely filled out Yes  No  Checked by: Name of Employee: Russell Lynch Date: 5/20/2025 8.10.c Packet Pg. 200 At t a c h m e n t : A t t a c h m e n t 3 - B i d d e r R e s p o n s i b i l i t y C h e c k l i s t ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r t h e P h a s e 1 5 W a t e r l i n e R e p l a c e m e n t P r o j e c t ) ST A TEMENT OF BIDDER QUALIFICATIONS TO BE DECLARED RESPONSIBLE BIDDER PURSUANT TO RCW 39.04.350 Name of Contractor Shoreline Construction Co. Address: PO Box 358, Woodinville, WA 98072 Phone Number: 425-483-0600 Fax Number: Washington State Dept. of Labor and Industries Worker's Compensation Account No: 114 129-00 0 Washington State Dept. of Licensing Contractor's Registration Number: SHOREC374N0 Expiration Date: _1_0_/0_2_/2_0_26 _ Washington State Uniform Business Identifier No. _1_7_8_0_7_2_24_2 _ (Must have before UBI number before the contract is awarded.y Number of years the contractor has been engaged in the construction business under the present firm name above: _7_8 _ At the time of bid submittal, did the contractor have a certificate of contractor registration in compliance with Chapter 18.27 RCW, a plumbing contractor license in compliance with Chapter 18.106 RCW, an elevator contractor license in compliance with Chapter 70.87 RCW, or an electrical contractor license in compliance with Chapter 19.28 RCW, as required under the provisions of those chapters? No Does the contractor have industrial insurance coverage for its employees working in Washington as required in Title 51 RCW? _Y_e_s _ Does the contractor have an employment security department number as required in Title SO RCW? Yes Provide employment security department number : _0_8_6_1_9_1_0_0_3 _ Does the contractor have a state excise tax registration number as required in Title 82 RCW? _Y_e_s __ Provide state excise tax registration number: _1_7_8_0_7_22_4_2 _ Has the contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3)? _N_o _ If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, has the contractor been found out of compliance by the Washington State Apprenticeship and Training Council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation? _N_o _ Has the contractor received training on the requirements related to public works and prevailing ,vage under chapters 39.04 and 39.12 RCW, as required in RCW 39.04.350( l)(f)? _Y_e_s _ Within the three-year period inunediately preceding the date of the bid solicitation, was the contractor (determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction) to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW? No SBQ-1 P r o v i d e d to Bu i ld er s E x c h an g e of WA , In c . Fo r usa ge Co nditio ns A gre e m ent see www .b xwa .c om - Alw ay s Verify Seal 8.10.d Packet Pg. 201 At t a c h m e n t : A t t a c h m e n t 4 - S t a t e m e n t o f B i d d e r Q u a l i f i c a t i o n s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r t h e P h a s e 1 5 W a t e r l i n e R e p l a c e m e n t P r o j e c t ) Pursuant to RC\V 39.06.020, contractor further agrees to verify responsibilitv criteria for each of its subcontractors and to require each of its subcontractors to both verify responsibility criteria for its subcontractors and include inst.ant condition for verification requirement. STATEMENT OF SUPPLEMENTAL BIDDER QUALIFICATIONS TO BE DECLARED RESPONSIBLE BIDDER PURSUANT TO RCW 39.04.350 1. At the time of bid submittal, does Contractor owe delinquent taxes to the Washington State Department of Revenue? !:'!Q_ If yes, does Contractor have a payment plan approved by the Department of Revenue? __ 2. Is Contractor currently debarred or suspended by the federal government? ~ 3. Has Contractor complied with all applicable minority and women's business enterprises, disadvantaged business enterprises, and other similar utilization requirements or goals on federally-funded public works projects with such requirements within three years of the bid submittal deadline?~- If no, please state any extenuating circumstances regarding this issue. 4. Is Contractor listed as an ineligible contractor on the federal GSA Excluded Patties List System set forth by 31 U.S.C § 6101 and Executive Order 13496? ~ 5. Apprenticeship Utilization Requirements: a) Has Contractor complied with all apprenticeship requirements of RCW 39.04.320 within one year of the bid submittal deadline?~- If no, were these requirements accepted or waived in writing by the Mayor or the Mayor's designee pursuant to that section for the applicable project(s)? __ b) Has Contractor complied with all apprenticeship utilization goals on public works projects having such requirements within three years of the bid submittal deadline?~- If no, please state any extenuating circumstances regarding this issue. _ 6. Has Contractor been convicted of a crime involving bidding on a public works contract within five years of the bid submittal deadline?~ 7. Subcontractor Responsibility Requirements: a) Does Contractor's standard subcontract form include the subcontractor responsibility language required by RCW 39.06.020? ~ b) Does Contractor have an established procedure to validate the responsibility of each of its subcontractors? .Yea., SBQ-2 P r o v i d e d t o B u i ld e r s E x c h a n g e o f WA , In c . Fo r u sa ge Conditions A g re em ent see www .b xwa .c om - Alw ay s Ver ify Seal 8.10.d Packet Pg. 202 At t a c h m e n t : A t t a c h m e n t 4 - S t a t e m e n t o f B i d d e r Q u a l i f i c a t i o n s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r t h e P h a s e 1 5 W a t e r l i n e R e p l a c e m e n t P r o j e c t ) c) D oes C ontra ctor's su bcon tra ct form incl ude a requirem ent that each of its subcontra ctors shall hav e an d docum ent a sim ilar pro cedure to determ ine w hether the sub-tier subcontra ctors w ith w hich it contra cts are also "respon sible" subcontra ctors as defi ned by RCW 39.06.020? ...Yes__ 8. Does Contractor have a record of excessive claims filed against the retainage or payment bonds for public works projects within three years of the bid submittal deadline? _!,.IQ__. If yes, please state any extenuating circumstances regarding this issue. 9. Has Contractor successfully completed projects of a similar size and scope as required by the contract documents for this project? Yes . If yes, please provide information on such project(s) and contact information for each contracting agency. See Attachment C & D Plea.Ye note: /11 evaluating whether projects were successfully completed, the City may check owner references for previous projects and evaluate the owner's assessment of bidder performance, including but not limited to quality control, saf« ety record, timeliness of 'performance, use of skilled perso nnel; management of subcontractors, availability of and use of appropriate equipment, compliance lvitlt contract documents, and management of submutals process, change orders and dose-out. 10. Has Contractor had a public works contract terminated for cause by a government agency within five years of the bid submittal deadline? _!,.IQ__. If yes, please state any extenuating circumstances regarding this issue. 11. Has Contractor had judgments entered by a court of law against it within five years of the bid submittal deadline that demonstrate a pattern of failing to meet the terms of contracts? _!,.IQ__. If yes, please state any extenuating circumstances regarding this issue. SBQ-3 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Seal 8.10.d Packet Pg. 203 At t a c h m e n t : A t t a c h m e n t 4 - S t a t e m e n t o f B i d d e r Q u a l i f i c a t i o n s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r t h e P h a s e 1 5 W a t e r l i n e R e p l a c e m e n t P r o j e c t ) 1 2 . D o e s C o nt ra c t o r h a v e a d o c u m e n t e d p a tt e rn o f p r e v a ilin g w a g e c o m p la ints fi le d a g a in s t it w it h in fi v e y e a rs o f th e b id s u b m itt a l d e a d lin e th a t d e m o n s tra te s a fa ilu r e to p a y w o r k e r s p r e v a ilin g w a g e s ? l::JQ_. If yes, please state any extenuating circumstances regarding this issue. Shoreline Construction Co. ontractor) Name Title May 20, 2025 Date SBQ-4 P r o v i d e d to Bu i ld e r s E x c h an g e o f WA , In c . Fo r usa g e Co n d itions A g r e em en t see www .b xwa .c om - Alw ay s Verify Seal 8.10.d Packet Pg. 204 At t a c h m e n t : A t t a c h m e n t 4 - S t a t e m e n t o f B i d d e r Q u a l i f i c a t i o n s ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r t h e P h a s e 1 5 W a t e r l i n e R e p l a c e m e n t P r o j e c t ) Bid Summary - Phase 15 Waterline Replacement Engineer Shoreline Const. Marshbank Const. Ryatt Const. Kar-Vel Const. Olson Excavating Schedule A Total 1,267,517.88$ 920,600.92$ 1,042,023.84$ 996,155.29$ 1,125,361.84$ 1,286,740.46$ Schedule B Total 2,732,786.55$ 2,226,053.44$ 2,165,261.87$ 2,256,057.51$ 2,535,400.40$ 2,745,160.34$ GRAND TOTAL 4,000,304.43$ 3,146,654.36$ 3,207,285.71$ 3,252,212.80$ 3,660,762.24$ 4,031,900.80$ TO T A L S 8.10.e Packet Pg. 205 At t a c h m e n t : A t t a c h m e n t 5 - B i d T a b u l a t i o n ( A w a r d C o n s t r u c t i o n C o n t r a c t f o r t h e P h a s e 1 5 W a t e r l i n e City Council Agenda Item Meeting Date: 05/27/2025 Design Review Code Update: Public Hearing (PLN2024-0009) Staff Lead: Brad Shipley Department: Planning Division Preparer: Brad Shipley Background/History In 2023, the Washington State Legislature adopted HB 1293 to streamline local design review processes and reduce permitting delays. The bill requires cities to ensure design review standards are clear, objective, and focused only on the exterior design of buildings. These standards must include at least one measurable criterion, must not restrict height, bulk, or density below zoning allowances, and must be reviewed through a consolidated project review process with no more than one public meeting. While jurisdictions are not required to adopt expedited procedures, HB 1293 encourages streamlined approvals for projects that meet all development standards or provide affordable housing. Cities must bring their local codes into compliance by July 1, 2025, six months after adoption of their updated Comprehensive Plan. The Planning Board reviewed the draft updates at five meetings between February and April 2025, with input from staff and an architect member of the Architectural Design Board (ADB). The Planning Board delivered their recommendation to Council on May 5, 2025, based on review of the revised chapters, ADB meeting minutes, and background materials summarizing existing standards and proposed changes (Attachment 1). The design review redline/strikeout draft code is included as Attachment 2 and a clean version as Attachment 3. Staff Recommendation This is a continuation of the public hearing that was opened on May 13. Take any additional public testimony on the draft code provided in Attachments 2 and 3. This item will be back before Council on June 3 for further discussion and any final revisions based on public input or Council direction. Council adoption of the final ordinance is scheduled for June 10. Narrative The City of Edmonds is updating its design review code to comply with HB 1293, address long-standing concerns with subjectivity, and improve permitting efficiency. The current design standards are scattered across multiple sections of the development code, which increases review times, causes confusion for applicants, and often results in redundant requirements. Additionally, the existing process relies on a two-phase review and includes outdated, discretionary standards that no longer align with new legal requirements. Key Code Changes: 9.1 Packet Pg. 206 · Process Reform: All design review applications will be evaluated administratively using clear and objective standards. Departures from these standards may be reviewed by the ADB through a single public meeting, consistent with HB 1293 and Council’s prior direction to remove Boards from quasi-judicial roles. · Code Reorganization: · Chapter 20.10: Expanded to include both procedures and general design standards. · Chapters 20.11 and 20.12: Repealed; content integrated into Chapter 20.10 and relevant zoning districts. · Chapter 20.01 and various zoning chapters in Title 16: Updated for consistency. · Design standards from Chapters 22.43, 22.100, and 22.110 moved to zoning districts (e.g., BD Zone) or reserved for future NCH standards. · Urban Design goals and policies from 2020 Comprehensive Plan were reviewed for redundancy and incorporated into the appropriate section of development code. These changes lay the foundation for a more predictable, efficient, and legally compliant design review process. The Planning Board recommends adoption of the updated Design Review Code as part of Phase II of the City’s 2025 Development Code Update. Further refinement of zoning district-specific standards may continue into Phase III through 2026 with direction from City Council. Attachments: Attachment 1: Planning Board Recommendation Design Review Attachment 2 - Design Review Draft Code_Redline Attachment 3 - Design Review Draft Code_Clean DR_ PublicComments_2025.05.13_Loch 9.1 Packet Pg. 207 April 21, 2025 Memo To: Mayor Rosen and Edmonds City Council Members From: Edmonds Planning Board Members (PB) Subject: DESIGN REVIEW CODE UPDATE RECOMMENDATION DRAFT Purpose: This memo outlines the Planning Board’s recommendation for updating the City’s Design Review Code to comply with HB 1293 (2023). The legislation requires cities to adopt a more streamlined, objective design review process by June 30, 2025. 1. Planning Board reviewed and considered several key documents including: • HB 1293 (Design Review Process); • preliminary and updated drafts of Chapter 20.10 ECDC - Design Review, Chapter 20.01 ECDC - Types of Development Project Permit Applications, Chapter 16.43 ECDC - BD - Downtown Business, and other minor text ECDC amendments proposed for consistency; • 2024 Architectural Design Board (ADB) meeting minutes; • City of Edmonds Planning Staff presentation “2025 Development Code Update, Design Review: Key Issues” (Feb 12, 2025 and March 12, 2025); and • Design Review Code Update Table (Summary of existing design review processes, standards and Guidance, Feb 12, 2025). 2. To complete this review during a compressed timeline, PB received assistance reviewing DRAFT Design Review code from Todd Stine, an architect, and member of the ADB. This assistance was coordinated by Planning Manager, Mike Clugston. 3. Summary of Design Review code changes: Chapter 20.10 – Now includes consolidated design review procedures and general design standards. Chapter 20.11 – Repealed; content merged into Chapter 20.10. Chapter 20.12 – Repealed; district-based processes removed and standards moved to relevant zoning districts. 9.1.a Packet Pg. 208 At t a c h m e n t : A t t a c h m e n t 1 : P l a n n i n g B o a r d R e c o m m e n d a t i o n D e s i g n R e v i e w ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Chapters 22.43, 22.100, 22.110 – Design standards relocated to new NCH or existing BD zoning districts. Chapters 20.01, 20.13, 20.60, etc. – Updated for internal consistency with Chapter 20.10 For a side-by-side comparison of how design review provisions have been reorganized, see Attachment A: Summary Table: Existing vs. Updated Design Review Chapters attached to this memo. 4. The updated code meets the key requirements of HB 1293, including: • Design review standards must be clear and objective, addressing only the exterior design of projects. • Standards must include at least one measurable guideline, criterion, or standard allowing applicants to clearly assess project compliance. • Design guidelines must not restrict project density, height, bulk or scale below what zoning regulations permit. • Design review processes must be integrated with consolidated project reviews, limited to one public meeting. Recommendation: Based on our review, the Planning Board finds that the proposed updates to Chapter 20.10 and related chapters align with HB 1293 requirements and support a more efficient, predictable design review process. We recommend adoption of the updated Design Review Code. 9.1.a Packet Pg. 209 At t a c h m e n t : A t t a c h m e n t 1 : P l a n n i n g B o a r d R e c o m m e n d a t i o n D e s i g n R e v i e w ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Attachment A: Summary Table: Existing vs. Updated Design Review Chapters Existing Chapter/Section Updated Chapter/Section Notes 20.01 – Types of Development Project Permits 20.01.003 Modified tables so all design reviews are handled administratively with applicant proposed departures from design standards going to ADB for a single-phase public hearing. 20.10 – Design Review 20.10 Remains as 20.10 with: 1) updated design processes (now administrative with ADB reviewing any proposed departures), and 2) included new general design standards for zoning districts that lack design standards. 20.11 – General Design Review 20.10.050 Process repealed. Updated design standards and merged into a single Design Review chapter 20.12 – District- Based Design Review Repealed. Process repealed. Design standards are now in 16.43 – BD Zone and 16.60 – CG Zone. 22.43 – BD Design Standards 16.43.035 Moved to BD zone. 22.100 – Firdale Village Site Design Standards Repealed. Will be updated with NCH design standards. 22.110 – Westgate Mixed- Use Design Standards Repealed. Will be updated with NCH design standards. Title 16 – various zoning districts Minor text amendments to reference new consolidated design review chapter 20.10 ECDC. 9.1.a Packet Pg. 210 At t a c h m e n t : A t t a c h m e n t 1 : P l a n n i n g B o a r d R e c o m m e n d a t i o n D e s i g n R e v i e w ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Title 20 REVIEW CRITERIA AND PROCEDURES Chapters: 20.00 Changes to the Comprehensive Plan 20.01 Types of Development Project Permits 20.02 Development Project Permit Applications 20.03 Public Notice Requirements 20.04 Consistency with Development Regulations and SEPA 20.04A Expired 20.05 Conditional Use Permits 20.06 Public Hearings and Appeals 20.07 Repealed 20.08 Development Agreements 20.10 Design Review 20.11 General Design Review 20.12 District-Based Design Review 20.13 Landscaping Requirements 20.15A Environmental Review (SEPA) 20.15B Repealed 20.16 Essential Public Facilities 20.18 Group Homes 20.19 Home Day Care 20.20 Home Occupations 20.21 Repealed 20.23 Bed and Breakfasts 20.25 Housing for the Low Income Elderly 20.30 Joint Use of Parking 20.35 Planned Residential Development (PRD) 20.40 Rezones 20.45 Edmonds Register of Historic Places 20.50 Wireless Communication Facilities 20.55 Repealed 9.1.b Packet Pg. 211 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 20.60 Sign Code 20.65 Street Map Changes 20.70 Street Vacations 20.75 Subdivisions 20.80 Text and Map Changes 20.85 Variances 20.90 Repealed 20.91 Repealed 20.95 Repealed 20.100 Miscellaneous Review 20.105 Repealed 20.110 Civil Violation – Enforcement Procedure 9.1.b Packet Pg. 212 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Chapter 20.01 TYPES OF DEVELOPMENT PROJECT PERMITS Sections: 20.01.000 Purpose and general provisions. 20.01.001 Types of actions. 20.01.002 Determination of proper procedure type. 20.01.003 Permit type and decision framework. 20.01.006 Legislative enactments not restricted. 20.01.007 Exempt projects. 20.01.000 Purpose and general provisions. A. The purpose of this chapter is to establish standard procedures, decision criteria, public notification, and timing for development project permit application decisions made by the city of Edmonds. These procedures are intended to: 1. Promote timely and informed public participation; 2. Eliminate redundancy in the application, permit review, and appeals processes; 3. Process permits equitably and expediently; 4. Balance the needs of permit applicants with neighbors; 5. Ensure that decisions are made consistently and predictably; and 6. Result in development that furthers city goals as set forth in the comprehensive plan. These procedures provide for an integrated and consolidated land use permit process. The procedures integrate the environmental review process with land use procedures, decisions, and consolidated appeal processes. 9.1.b Packet Pg. 213 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) B. The provisions of this title supersede all other procedural requirements that may exist in other sections of the city code. When interpreting and applying the standards of this title, its provisions shall be the minimum requirements. Where conflicts occur within provisions of this title and/or between this title and other city code provisions and regulations, the more restrictive provisions shall apply. Where conflict between the text of this title and the zoning map ensue, the text of this title shall prevail. C. Unless otherwise specified, all references to days shall be calendar days. Whenever the last day of a deadline falls on a Saturday, Sunday, legal holiday designated by RCW 1.16.050 or by a city ordinance, or any day when City Hall or the city’s planning and development department is closed to the public by formal executive or legislative action, the deadline shall run until the next day that is not a Saturday, Sunday, or holiday or closed day. [Ord. 4371 § 1 (Exh. A), 2024; Ord. 4299 § 37 (Exh. A), 2023; Ord. 4154 § 1 (Att. A), 2019; Ord. 3817 § 1, 2010]. 20.01.001 Types of actions. There are five main types of actions (or permits) that are reviewed under the provisions of this chapter. The types of actions are based on who makes the decision, the amount of discretion exercised by the decision making body, the level of impact associated with the decision, the amount and type of public input sought, and the type of appeal opportunity. A. Administrative Decisions. Type I and II decisions are administrative decisions made by the planning and development director or his/her designee (hereinafter the “director”). Type I permits are ministerial decisions and are based on compliance with specific, nondiscretionary and/or technical standards that are clearly enumerated. Type II permits are administrative decisions where the director makes a decision based on standards and clearly identified criteria, but where public notice is required. Unless otherwise provided, appeals of Type II decisions shall be initiated as set forth in ECDC 20.06.030. B. Quasi-Judicial Decisions. Type III, Type IV and appeal of Type II decisions are quasi-judicial decisions that involve the use of discretionary judgment in the review of each specific application. Quasi-judicial decisions are made by the hearing examiner, the architectural design board, and/or the city council. 9.1.b Packet Pg. 214 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) C. Legislative Decisions. Type V actions are legislative decisions made by the city council under its authority to establish policies and regulations regarding future private and public developments, and management of public lands. 1. Planning Board. The planning board shall hold a public hearing and make recommendations to the city council on Type V actions, except that the city council may hold a public hearing itself on area-wide rezones to implement city policies, or amendments to zoning code text, development regulations or the zoning map. The public hearing shall be held in accordance with the requirements of Chapter 20.0620.06 ECDC, RCW 36.70A.035 and all other applicable law. 2. City Council. The city council may consider the planning board’s recommendation in a public hearing held in accordance with the requirements of Chapter 20.0620.06 ECDC and RCW 36.70A.035 and all other applicable law. If the city council desires to hold a public hearing on area-wide rezones to implement city policies, or amendments to zoning code text, development regulations or the zoning map, it may do so without forwarding the proposed decision to the planning board for a hearing. 3. Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in Chapter 20.03 ECDC. 4. Implementation. City council Type V decision shall be by ordinance or resolution and shall become effective on the effective date of the ordinance or resolution. [Ord. 4371 § 1 (Exh. A), 2024; Ord. 4299 § 38 (Exh. A), 2023; Ord. 4154 § 1 (Att. A), 2019; Ord. 3817 § 1, 2010]. 20.01.002 Determination of proper procedure type. A. Determination by Director. The director shall determine the proper procedure for all project applications. Questions concerning the appropriate procedure shall be resolved in favor of the higher numbered procedure. B. Optional Consolidated Permit Processing. An application that involves two or more procedures may be processed collectively under the highest numbered procedure required for any part of the application or may be processed individually under each of the application procedures identified in ECDC 20.01.003. The applicant may determine whether the application will be processed collectively or individually. If the applications are processed individually, the 9.1.b Packet Pg. 215 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) highest numbered type procedure shall be undertaken first, followed by the other procedures in sequence from the highest numbered to the lowest. When Type III-A and Type III-B permits are consolidated under this subsection, the project shall proceed under the Type III-A permit process. When two or more permits are consolidated under this subsection, the permit timelines for decisions on individual permits in ECDC 20.01.003(B) do not apply. C. Decisionmaker(s). Applications processed in accordance with subsection (B) of this section which have the same procedure number, but are assigned to different hearing bodies, shall be heard collectively by the highest decisionmaker; the city council being the highest body, followed by the hearing examiner, architectural design board or planning board, as applicable, and then the director. Joint public hearings with other agencies shall be processed according to ECDC 20.06.010.20.06.010. Concurrent public hearings held with the architectural design board and any other decisionmaker shall proceed with both decisionmakers present. [Ord. 4371 § 1 (Exh. A), 2024; Ord. 4154 § 1 (Att. A), 2019; Ord. 3817 § 1, 2010; Ord. 3736 § 4 (Exh. A), 2009]. 20.01.003 Permit type and decision framework. A. Permit Types. TYPE I TYPE II-A TYPE II-B TYPE III-A TYPE III-B TYPE IV TYPE V Zoning compliance letter Contingent critical area review Essential public facilities Site specific rezone Lot line adjustment Formal interpretation of the text of the ECDC by the director Shoreline substantial development permit, where public hearing not required per ECDC Technological impracticality waiver for amateur radio antennas Development agreements Zoning text amendment; area-wide zoning map amendments 9.1.b Packet Pg. 216 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) TYPE I TYPE II-A TYPE II-B TYPE III-A TYPE III-B TYPE IV TYPE V 24.80.100 Critical area determinations SEPA determinations Critical area variance Comprehensive plan amendments Shoreline exemptions Preliminary short plat Contingent critical area review if public hearing requested Conditional use permits (where public hearing by hearing examiner is required) Annexations Minor amendments to planned residential development Land clearing/grading Shoreline substantial development permit, where public hearing is required per ECDC 24.80.100 Variances Development regulations Minor preliminary plat amendment Revisions to shoreline management permits Shoreline conditional use StaffAdministrative Administrative Shoreline 9.1.b Packet Pg. 217 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) TYPE I TYPE II-A TYPE II-B TYPE III-A TYPE III-B TYPE IV TYPE V design review, including signs variances variance Final short plat Land use permit extension requests Design review (where public hearing by architectural design board is required) Sales office/model (ECDC 17.70.005) Preliminary formal plat Final formal plats Innocent purchaser determination Preliminary planned residential development Final planned residential development Staff design review pursuant to ECDC 20.12.010(B)(2) B. Decision Table. PROCEDURE FOR DEVELOPMENT PROJECT PERMIT APPLICATIONS (TYPE I – IV) LEGISLATIVE TYPE I TYPE II-A TYPE II-B TYPE III-A TYPE III-B TYPE IV TYPE V Recommendation N/A N/A N/A N/A N/A Planning board Planning board 9.1.b Packet Pg. 218 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) PROCEDURE FOR DEVELOPMENT PROJECT PERMIT APPLICATIONS (TYPE I – IV) LEGISLATIVE TYPE I TYPE II-A TYPE II-B TYPE III-A TYPE III-B TYPE IV TYPE V by: Final decision by: Director Director Director Hearing examiner/ADB Hearing examiner City council City council Notice of application: No Yes Yes Yes Yes Yes No Open record public hearing or open record appeal of a final decision: No Only if appealed, open record hearing before hearing examiner (1) If director decision is appealed, open record hearing before hearing examiner (2) If converted to Type III-A process Yes, before hearing examiner or boardADB to render final decision Yes, before hearing examiner or board to render final decision Yes, before planning board which makes recommendation to council Yes, before planning board which makes recommendation to council or council could hold its own hearing Closed record review: No No No No Yes, before the Yes, before the council 9.1.b Packet Pg. 219 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) PROCEDURE FOR DEVELOPMENT PROJECT PERMIT APPLICATIONS (TYPE I – IV) LEGISLATIVE TYPE I TYPE II-A TYPE II-B TYPE III-A TYPE III-B TYPE IV TYPE V council Permit review timelines (per ECDC 20.0220.02): 65 days 100 days 100 days 170 days 170 days 170 days Not applicable Judicial appeal: Yes Yes Yes Yes Yes Yes Yes C. Any reference to “Type II” in the Edmonds Community Development Code without expressly being modified as “Type II-B” shall be construed to mean Type II-A for the purposes of this section unless the context clearly suggests otherwise. [Ord. 4371 § 1 (Exh. A), 2024; Ord. 4360 § 7 (Exh. A), 2024; Ord. 4302 § 2 (Att. A), 2023; Ord. 4299 § 39 (Exh. A), 2023; Ord. 4154 § 1 (Att. A), 2019; Ord. 4072 § 7 (Att. G), 2017; Ord. 4026 § 4, 2016; Ord. 3982 § 4, 2014; Ord. 3817 § 1, 2010; Ord. 3806 § 2, 2010; Ord. 3736 § 4 (Exh. A), 2009]. 20.01.006 Legislative enactments not restricted. Nothing in this chapter or the permit processing procedures shall limit the authority of the city council to make changes to the city’s comprehensive plan or the city’s development regulations as part of the annual revision process. [Ord. 4371 § 1 (Exh. A), 2024; Ord. 4154 § 1 (Att. A), 2019; Ord. 3817 § 1, 2010; Ord. 3736 § 4 (Exh. A), 2009]. 9.1.b Packet Pg. 220 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 20.01.007 Exempt projects. A. The following projects are specifically excluded from the procedures set forth in this chapter: historic register designations, building permits, street vacations, street use permits, encroachment permits, and other public works permits issued under ECDC Title 18. B. Pursuant to RCW 36.70B.140(2), lot line or boundary adjustments, building and/or other construction permits, or similar administrative approvals categorically exempt from environmental review under SEPA (Chapter 43.21C RCW and the city’s SEPA/environmental policy ordinance, Chapter 20.15A20.15A ECDC), or permits/approvals for which environmental review has been completed in connection with other project permits, are excluded from the requirements of RCW 36.70B.060 and 36.70B.110 through 36.70B.130, which includes the following procedures: 1. Notice of application (ECDC 20.03.00220.03.002) unless an open record hearing is allowed on the permit decision; 2. Except as provided in RCW 36.70B.140, optional consolidated permit review processing (ECDC 20.01.002(B)); 3. Joint public hearings (ECDC 20.06.01020.06.010); 4. Single report stating all of the decisions and recommendations made as of the date of the report that do not require an open public record hearing (ECDC 20.06.050(C)); and 5. Notice of decision (ECDC 20.02.00720.02.007). [Ord. 4371 § 1 (Exh. A), 2024; Ord. 4154 § 1 (Att. A), 2019; Ord. 3817 § 1, 2010; Ord. 3736 § 4 (Exh. A), 2009]. 9.1.b Packet Pg. 221 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) The Edmonds Community Development Code is current through Ordinance 4375, passed December 10, 2024. Disclaimer: The city clerk’s office has the official version of the Edmonds Community Development Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 9.1.b Packet Pg. 222 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Chapter 20.10 DESIGN REVIEW Sections: 20.10.000 Purposes. 20.10.010 Types of design review. 20.10.020 Scope. 20.10.030 Approval required. 20.10.040 Optional pre-application. 20.10.045 Augmented architectural design review applications. 20.10.050 General Design Review. 20.10.000 Purposes. In addition to the general purposes of the comprehensive plan and the zoning ordinance, this chapter is included in the community development code for the following purposes: A. To encourage the realization and conservation of a desirable and aesthetic environment in the city of Edmonds; B. To encourage and promote development which features amenities and excellence in the form of variations of siting, types of structures and adaptation to and conservation of topography and other natural features; C. To encourage creative approaches to the use of land and related physical developments; D. To encourage the enhancement and preservation of land or building of unique or outstanding scenic or historical significance; E. To minimize incompatible and unsightly surroundings and visual blight which prevent orderly community development and reduce community property values. [Ord. 3636 § 1, 2007]. 9.1.b Packet Pg. 223 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 20.10.010 Types of design review. A. There are two types of design review: (1) generaladministrative design review subject to the provisions of the design standards found within the applicable zoning district or Chapter 20.1120.11 ECDC in accordance with subsection (B) of this section, and (2) district-basedArchitectural Design Board (ADB) design review subject to the provisions of Chapter 20.12 ECDC. District-basedfor development projects that request a departure from one or more of the design standards required under the administrative design review is applicable when an area or district has adopted design guidelines or design standards that apply specifically within that area or district.process. B. General design review criteria found in subsection 20.10.050 ECDC of this chapter applies to areas or properties that do not have specifically adopted design guidelines or standards. Projects may undergo either found within the applicable zoning district-based design review or general design review, but not both. B. District-based design review applies to the following areas or districts: 1. The downtown Edmonds business districts (BD zones) located within the downtown/waterfront activity center as shown on the city of Edmonds comprehensive plan map. 2. The general commercial (CG) zone located within the medical/Highway 99 activity center or the Highway 99 corridor as shown on the city of Edmonds comprehensive plan map. C. General design review applies to all areas of the city not specifically designated for district-based design review under subsection (B) of this section. D. The exemptions established pursuant to subsection (B) of this section shall apply to all types and phases of design review under this chapter and Chapters 20.11 and 20.12 ECDC. [Ord. 4299 § 46 (Exh. A), 2023; Ord. 3636 § 1, 2007]. 20.10.020 Scope. A. Design review is intended to apply to all development, except for those developments specifically exempted from review under subsection (B) of this section. “Development” includes 9.1.b Packet Pg. 224 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) any improvement to real property open to exterior view, including but not limited to buildings, structures, fixtures, landscaping, site screening, signs, parking lots, lighting, pedestrian facilities, street furniture, use of open areas (including parks, junk yards, riding academies, kennels and recreational facilities), mobile home and trailer parks, whether all or any are publicly or privately sponsored. B. Exempt Development. The following types of development are exempt from design review: 1. 1. Parks developed under a master plan approved by the Edmonds city council. 2. Permitted primary and secondary uses in RS – single-family residential districts. 3. Detached single-family homes or duplexes in RM – multiple residential districts. 2. 4. Accessory structures that are not visible from the street. 3. Additions or modifications to structures or sites on the Edmonds register of historic places which require a certificate of appropriateness from the Edmonds historic preservation commission. 4. 5. Fences that do not require a separate development permit. 5. 6. Signs that meet all of the standards contained in Chapter 20.6020.60 ECDC. 75. Underground utilities. [Ord. 3636 § 1, 2007]. 20.10.030 Approval required. A. Development. Unless exempted under ECDC 20.10.020(B), no city permit or approval shall be issued for, and no person shall start, any development, or substantially change any development, until the development has received design review approval. B. Bond. The city may require that a bond be posted under Chapter 17.10 ECDC to ensure the satisfactory installation of site improvements. [Ord. 3636 § 1, 2007]. 9.1.b Packet Pg. 225 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 20.10.040 Optional pre-application. The applicant may submit plans required under ECDC 20.02.00220.02.002 as part of the complete application in preliminary or sketch form, so that the comments and advice of the architectural design board may be incorporated into the final plans submitted for application. [Ord. 3736 § 38, 2009; Ord. 3636 § 1, 2007]. 20.10.045 Augmented architectural design review applications. At the option of the applicantapplicant’s discretion, an augmented ADBdesign review application to vest rightsmay be submitted under the provisions of ECDC 19.00.025 may be submittedin order to vest development rights under the rules and regulations in effect at the time the application is deemed complete. Such applications may not be submitted in conjunction with the concept review provided for by ECDC 20.10.040. The application shall be processed in all respects as a regular application for review, but vesting rights shall be determined under the provisions of ECDC 19.00.025. The architectural design boardStaff shall not be required to, and shall not, consider the application of vesting rights or the interpretation of ECDC 19.00.025 and any appeal with respect thereto shall be taken only as provided in that section. [Ord. 3636 § 1, 2007]. 20.10.050 General design review. IntentChapter 20.11 GENERAL DESIGN REVIEW Sections: 20.11.010 Review procedure – General design review. 20.11.020 Findings. 20.11.030 Criteria. 20.11.040 Appeals. 20.11.050 Lapse of approval. 9.1.b Packet Pg. 226 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) A. 20.11.010 Review procedure This section establishes regulations that enhance the scale and design of buildings, aiming to improve the overall physical quality of structures that contribute to the city’s character. These regulations emphasize the importance of maintaining a strong connection between buildings and the public street. B. Applicability. 1. All new developments and all additions to existing development shall comply with the standards of this section, except: a. Buildings located in zoning districts with adopted design standards. C. Review procedure – General design review. 1. A. Review. The architectural design board (ADB) shall review all proposed developments that require a threshold determination under the State Environmental Policy Act (SEPA). All other developmentsdevelopment projects may be approved by staff as a Type I decision. per Section 20.01.003 ECDC. However, any proposed development requesting a departure from one or more design standards outlined in this chapter or the applicable zoning district must be reviewed by the Architectural Design Board (ADB). When design review is required by the ADB, proposed development shall be processed as a Type III-A decision. The role of the ADB shall be dependent upon the nature of the application as follows: 1. The ADB shall conduct a public hearing for the following types of applications: a. Applications that are not consolidated as set forth in ECDC 20.01.002(B). b. Applications that are consolidated as set forth in ECDC 20.01.002(B) but in which the ADB serves as the sole decision-making authority. c. Applications that are consolidated as set forth in ECDC 20.01.002(B) but in which all decision-making authority is exercised both by staff, pursuant to this chapter and 9.1.b Packet Pg. 227 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) under Chapter 20.13 ECDC, and by the ADB. The ADB shall act in the place of the staff for these types of applications. a. 2. The ADB shall review proposed developments at public meetings without a public hearing and make recommendations to the hearing examiner to 20.10.010(A)(2) shall approve, conditionally approve, or deny proposals for developments that, although consolidated as set forth in ECDC 20.01.002(B), are not subject to a public hearing by the ADB under subsection (A)(1) of this section. The hearing examiner shall subsequently hold a public hearing on the proposal. No more than one public hearing is allowed. 3. The ADB under subsection (A)(1) of this section and the hearing examiner under subsection (A)(2) of this section shall approve, conditionally approve, or deny the proposal. The ADB or hearing examiner may continue its public hearing on the proposal to allow changes to the proposal, or to obtain information needed to properly review the proposal. See ECC 3.13.090 regarding exemptions from review required by this chapter. 4. Notwithstanding any contrary requirement, for a development in which the city is the applicant, the action of the ADB under subsection (A)(1) of this section and the hearing examiner under subsection (A)(2) of this section shall be a recommendation to the city council. B. Notice. Public notice by mail, posting or newspaper publication shall only be required for applications that are subject to environmental review under Chapter 43.21C RCW, in which case notice of the hearing shall be provided in accordance with Chapter 20.03 ECDC. [Ord. 4154 § 14 (Att. D), 2019; Ord. 3736 § 39, 2009; Ord. 3636 § 2, 2007]. D. 20.11.020 Findings. The boarddecision-maker shall make the following findings before approving the proposed development: A. Criteria and Comprehensive Plan. The proposal is consistent with the criteria listed in ECDC 20.11.030 in accordance with the techniques and objectives contained in the urban design chapter of the community culture and urban design element of the comprehensive plan. The city has the obligation to provide specific direction and guidance to applicants. The urban 9.1.b Packet Pg. 228 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) design chapter has been adopted to fulfill the city’s obligations under Washington State case law. The urban design chapter shall be used to determine if an application meets the general criteria set forth in this chapter. In the event of ambiguity or conflict, the specific provisions of the urban design chapter shall control. 1. B. Zoning Ordinance. The proposal meets the bulk and use requirements of the zoning ordinance, or a variance or modification has been approved under the terms of this code for any duration. The finding of the staff that a proposal meets the bulk and use requirements of the zoning ordinance shall be given substantial deference and may be overcome only by clear and convincing evidence. Criteria. The proposal is consistent with the criteria listed in this section or design standards found in the applicable zoning district. [Ord. 3636 § 2, 2007]. E. 20.11.030 Criteria. 1. A. Building DesignStandards. No one architectural style is required. The building shall be designed to comply with the purposes of this chapter and to avoid conflict with the existing and planned character of the nearby area. All elements of building design shall form an integrated development, harmonious in scale, line and mass. The following are included as elements of building design: 1. All exterior building components, including windows, doors, eaves, and parapets; 2. Colors, which should avoid excessive brilliance or brightness except where that would enhance the character of the area; a. Building design: i. All primary building frontages must be oriented toward the primary street and clearly distinguished through the use of architectural features, awnings or canopies, and lighting. This requirement may be waived by the director or their designee for buildings that are oriented toward a shared open space. 9.1.b Packet Pg. 229 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) ii. Transparency Standards. Buildings shall provide windows and doors along all facades facing primary and secondary streets to meet the ground floor transparency requirements of the applicable zoning district. Ground floor transparency shall be a minimum of 65 percent for commercial uses and 50 percent for residential uses, measured as a percentage of the ground floor wall area within the designated transparency zone. iii. The transparency zone is defined as the horizontal area of the building façade located between two feet and ten feet above the adjacent finished grade. For buildings with a ground floor height of less than ten feet, the transparency zone shall extend from two feet above grade to the top of the ground floor wall or top of the window head, whichever is lower. iv. Blank Wall Prohibition. Building designs that result in blank wall conditions—defined as any uninterrupted façade length exceeding 15 feet without windows, doors, or other articulation—facing a primary or secondary street are prohibited. v. Windows and doors located on a ground floor front or corner facade must use clear, transparent glass. b. Architectural standards. All primary buildings must comply with the following architectural standards to ensure variation and visual interest in the built environment: i. Facade Materials: At least 66% of the surface area of each front or corner facade must be constructed using durable, high-quality materials appropriate for the Puget Sound climate, such as brick, natural stone, cedar or fir lap siding, fiber-cement siding (lap, shingle, or panel), architectural metals designed for moisture resistance and tempered or laminated glass. Other high-quality materials like synthetic stone or brick veneers, precast concrete panels resembling stone or brick may be approved by the Director or his/her designee if they demonstrate adequate weather resistance and visual compatibility. Commented [BS1]: Recently enacted state legislation prohibits local requirements for use of specific building materials. As long as the proposed materials comply with applicable building codes, cities must allow them. The draft language currently remains in the code because it was included in the version recommended by the Planning Board. 9.1.b Packet Pg. 230 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) ii. Vertical Articulation: Vertical articulation is required to visually break the massing of the front and corner facades into building segments no wider than 32 feet. Vertical articulation may be achieved through architectural features such as bays, columns, pilasters, mullions, a regular pattern of windows, changes in the building plane, or recessed entries. For buildings on corner lots, the material and articulation of the primary facade must extend a minimum of one segment along the secondary street. iii. Horizontal Articulation: Horizontal articulation (e.g., base treatments, belt courses, cornice lines, entablatures, friezes, awnings or canopies, changes in materials or window patterns, recessed entries, or other architectural treatments) is required to distinguish the ground floor or podium from upper stories. iv. Prohibited Use of Color for Articulation: Variation in color alone shall not be used to satisfy the required articulation standards. v. Main Entrance Requirements: The main entrance must be oriented to the adjacent public realm and be emphasized on the building facade. This requirement may be satisfied through architectural features such as entranceway roofs or recesses, chamfered corners, sidelight or transom windows, additional moldings with expression lines, or a bay of unique width. c. Building Components: Building components are smaller features attached to the primary building mass that provide architectural articulation and/or additional usable space. The following sections define typical building components and specify applicable regulations: i. Architectural Features: Includes elements such as sills, belt courses, eaves, cornices, roof overhangs, chimneys, and other ornamental features attached to or laterally supported by a building. 9.1.b Packet Pg. 231 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) a. Architectural features may project up to 3 feet into any minimum required setback. ii. Awning or Canopy: a. An awning or canopy may project a maximum of 8 feet into a required front setback. b. With approval from the Public Works Director or his/her designee, an awning or canopy may extend into a right-of-way, provided it maintains a minimum clearance of 24 inches from the curb. c. Awnings must be securely attached to and supported by the building. Canopies may also be supported by posts. d. The bottom edge of an awning or canopy must provide a minimum clearance of 8 feet over a sidewalk or walkway and 15 feet over a driveway. e. Awnings must be constructed from durable, weather-resistant materials such as cloth, canvas, canvas-like fabrics, acrylic, nylon, or metal. Vinyl is not permitted. f. Internally or backlit awnings are prohibited. g. Awnings or canopies used as signage must comply with the requirements of Chapter 20.60 ECDC. iii. Balcony: a. Balconies must be a minimum of 5 feet deep and 6 feet wide, except for false or Juliet balconies that are less than 16 inches deep. 9.1.b Packet Pg. 232 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) b. Balconies may project up to 5 feet into a required front, side, or rear setback. c. With approval from the Board of Public Works, balconies may extend into a right-of-way. iv. Bay Window: A projection that extends outward from a building to increase light, enhance views, and articulate the facade. a. A bay window less than 10 feet wide may encroach up to 3 feet into any required setback. v. Building Frontage: Building frontage types are located at the main entrance and provide a transition between the building and the public realm. a. Building frontage types shall be applied to all primary buildings. b. Frontage types for each building type can be found in Table 20.10-1. c. Table 20.10-1 vi. Garages: A fully enclosed structure, either attached to or detached from the primary building, used for the storage of vehicles. a. Garages must comply with all minimum required building setbacks but may encroach into a required rear setback up to 5 feet. b. If the garage door of an attached garage faces a primary or secondary street, the garage must be set back at least 5 feet behind the front or corner building facade. c. When the garage doors face a street or access easement, the garage must be set back at least 18 feet from the right-of-way to provide Commented [BS2]: Due to time constraints, the Planning Board did not have an opportunity to fully review building frontage types. Staff recommends streamlining these requirements for now, with the intention of conducting a more thorough evaluation and incorporating refined standards during Phase III. 9.1.b Packet Pg. 233 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) adequate space for vehicle parking without obstructing the sidewalk or any public way. d. When the garage doors face an alley, the garage must be located at the minimum required rear setback or be set back at least 18 feet from the right-of-way to ensure adequate space for vehicle parking without blocking any public way. e. The total capacity of all garages, carports, or a combination thereof, whether attached or detached, shall not exceed space for four vehicles if visible from the street. vii. 3. Mechanical equipment or other utility hardware on the roof, grounds or buildings shouldshall be screened from view from the street level;. 4. Long, massive, unbroken or monotonous buildings shall be avoided in order to comply with the purposes of this chapter and the design objectives of the comprehensive plan. This criterion is meant to describe the entire building. All elements of the design of a building including the massing, building forms, architectural details and finish materials contribute to whether or not a building is found to be long, massive, unbroken or monotonous. a. In multifamily (RM) or commercial zones, selections from among the following or similar features are appropriate for dealing with this criterion: i. Windows with architectural fenestration; ii. Multiple rooflines or forms; iii. Architecturally detailed entries; iv. Appropriate landscaping; v. The use of multiple materials; 5. All signs should conform to the general design theme of the development. 9.1.b Packet Pg. 234 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) d. B. Site Treatment. The existing character of the site and the nearby area should be the starting point for the design of the building and all site treatment. The following are elements of site treatment: i. 1. Grading, vegetation removal and other changes to the site shall be minimized to protect natural resources, limit disturbance of native soils, and encourage low impact development. ii. 2. Landscape treatment shall be provided to enhance the building design and other site improvements.in accordance with Chapter 20.13 ECDC. 3. Landscape treatment shall be provided to buffer the development from surrounding property where conflict may result, such as parking facilities near yard spaces, streets or residential units, and different building heights, design or color. iii. 4. Landscaping that could be damaged by pedestrians or vehicles shouldshall be protected by curbing or similar devices. iv. 5. Service yards, and other areas where trash or litter may accumulate, shall be screened with planting or fences or walls which are compatible with natural materials. v. 6. Vents, air conditioners, and other utility elements are prohibited on front or corner facades unless they are enclosed, camouflaged, screened, obscured, or otherwise concealed from street view. vi. All screening should be effective in the winter as well as the summer. vii. 7. Materials such as wood, brick, stone and gravel (as opposed to asphalt or concrete) may be substituted for planting in areas unsuitable for plant growth. viii. 8. Exterior lighting shall be the minimum necessary for safety and security. Excessive brightness shall be avoided. All lighting shall be low-rise and, 9.1.b Packet Pg. 235 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) directed downward onto the site. Lighting standards and patterns shall be compatible with the overall design theme, and shielded from adjacent parcels. C. Other Criteria. 1. Community facilities and public or quasi-public improvements should not conflict with the existing and planned character of the nearby area. ix. 2. Street furniture (including but not limited to benches, light standards, utility poles, newspaper stands, bus shelters, planters, traffic signs and signals, guardrails, rockeries, walls, mail boxes, fire hydrants and garbage cans) should be compatible with the existing and planned character of the nearby area. Pedestrian-scale lighting shall be provided along paths and walkways and be no greater than 14 feet in height. F. Permit validity. Design review approval is valid for one year from the date of decision issuance. A one-time, one-year extension is available upon request. The extension request must be received and approved prior to the expiration of the original decision for the extension to be granted. If a building permit application is required to construct a project that received design approval, the design approval is valid for the duration of the building permit application. However, if the building permit application expires prior to issuance, the associated design review expires with the building permit application. The Edmonds Community Development Code is current through Ordinance 4371, passed November 4, 2024. 9.1.b Packet Pg. 236 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Disclaimer: The city clerk’s office has the official version of the Edmonds Community Development Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 9.1.b Packet Pg. 237 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) [Ord. 4085 § 9 (Exh. A), 2017; Ord. 3636 § 2, 2007]. 20.11.040 Appeals. All design review decisions of the hearing examiner or the ADB are appealable to superior court in accordance with Chapter 36.70C RCW. [Ord. 4154 § 16 (Att. D), 2019; Ord. 3736 § 40, 2009; Ord. 3636 § 2, 2007]. 20.11.050 Lapse of approval. A. Time Limit. Unless the owner submits a fully completed building permit application necessary to bring about the approved alterations, or, if no building permit application is required, substantially commences the use allowed within 18 months from the date of approval, ADB or hearing examiner approval shall expire and be null and void, unless the owner files a fully completed application for an extension of time prior to the expiration date. For the purposes of this section the date of approval shall be the date on which the ADB’s or hearing examiner’s minutes or other method of conveying the final written decision of the ADB or hearing examiner as adopted are mailed to the applicant. In the event of appeal, the date of approval shall be the date on which a final decision is entered by the city council or court of competent jurisdiction. B. Time Extension. 1. Application. The applicant may apply for a one-time extension of up to one year by submitting a letter, prior to the date that approval lapses, to the planning division along with any other supplemental documentation which the planning manager may require, which demonstrates that he/she is making substantial progress relative to the conditions adopted by the ADB or hearing examiner and that circumstances are beyond his/her control preventing timely compliance. In the event of an appeal, the one-year extension shall commence from the date a final decision is entered in favor of such extension. 2. Fee. The applicant shall include with the letter of request such fee as is established by ordinance. No application shall be complete unless accompanied by the required fee. 9.1.b Packet Pg. 238 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 3. Review of Extension Application. An application for an extension shall be reviewed by the planning official as a Type I decision (Staff decision – No notice required). [Ord. 3736 § 41, 2009; Ord. 3636 § 2, 2007]. Chapter 20.12 DISTRICT-BASED DESIGN REVIEW Sections: 20.12.005 Outline of process and statement of intent. 20.12.010 Applicability. 20.12.020 Design review by the architectural design board. 20.12.030 Design review by city staff. 20.12.070 Design guidelines, criteria and checklist. 20.12.080 Repealed. 20.12.090 Lapse of approval. 20.12.005 Outline of process and statement of intent. The architectural design board (ADB) process has been developed in order to provide for public and design professional input prior to the expense incurred by a developer in preparation of detailed design. In combination, Chapter 20.10 ECDC and this chapter are intended to permit public and ADB input at an early point in the process while providing greater assurance to a developer that his general project design has been approved before the final significant expense of detailed project design is incurred. In general, the process is as follows: A. Public Hearing (Phase 1). The applicant shall submit a preliminary conceptual design to the city. Staff shall schedule the first phase of the ADB hearing within 30 days of staff’s determination that the application is complete. Upon receipt, staff shall provide full notice of a public hearing, noting that the public hearing shall be conducted in two phases. The entire single public hearing on the conceptual design shall be on the record. At the initial phase, the applicant shall present facts which describe in detail the tract of land to be developed noting all significant characteristics. The ADB shall make factual findings regarding the particular 9.1.b Packet Pg. 239 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) characteristics of the property and shall prioritize the design guideline checklist based upon these facts, the provisions of the city’s design guideline elements of the comprehensive plan and the Edmonds Community Development Code. Following establishment of the design guideline checklist, the public hearing shall be continued to a date certain requested by the applicant, not to exceed 120 days from the meeting date. The 170-day city review period required by RCW 36.70B.080 commences with the application for Phase 1 of the public hearing. The 170-day time period is suspended, however, while the applicant further develops their application for Phase 2 of the public hearing. This suspension is based upon the finding of the city council, pursuant to RCW 36.70B.080, that additional time is required to process this project type. The city has no control over the length of time needed or taken by an applicant to complete its application. B. Continued Public Hearing (Public Hearing, Phase 2). The purpose of the continuance is to permit the applicant to design or redesign his initial conceptual design to address the input of the public and the ADB by complying with the prioritized design guideline checklist criteria. When the applicant has completed his design or redesign, he shall submit that design for final review. The matter shall be set for the next available regular ADB meeting date. If the applicant fails to submit his or her design within 180 days, the staff shall report the matter to the ADB who shall note that the applicant has failed to comply with the requirements of the code and find that the original design checklist criteria approval is void. The applicant may reapply at any time. Such reapplication shall establish a new 170-day review period and establish a new vesting date. C. After completing the hearing process, the final detailed design shall be presented to the city in conjunction with the applicable building permit application. The city staff’s decision on the building permit shall be a ministerial act applying the specific conditions or requirements set forth in the ADB’s approval, but only those requirements. A staff decision on the building permit shall be final and appealable only as provided in the Land Use Petition Act. No other internal appeal of the staff’s ministerial decisions on the building permit is allowed. [Ord. 4371 § 4 (Exh. A), 2024; Ord. 4302 § 4 (Att. A), 2023; Ord. 3636 § 3, 2007]. A. 20.12.010 Applicability. A. Downtown Business (BD) Zones. The architectural design board (ADB) shall review all proposed developments in the downtown business (BD) zones that require a threshold 9.1.b Packet Pg. 240 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) determination under the State Environmental Policy Act (SEPA) using the process set forth in ECDC 20.12.020. All other developments in the downtown business zones may be approved by staff as a Type I decision using the process set forth in ECDC 20.12.030. When design review is required by the ADB under ECDC 20.12.020, the application shall be processed as a Type III-A decision. B. General Commercial (CG) Zone. In the general commercial zone, the applicable design review process depends on the site and project-specific situation: 1. Design review by the architectural design board is required for any project that includes buildings exceeding 75 feet in height as identified in ECDC 16.60.020. 2. If the project site is adjacent to or across the street from the RS zone and an application contains a building greater than 35 feet in height, staff reviews the project and issues a Type II-A decision. Specific mailed notice requirements are provided in ECDC 20.03.002(D)(2). 3. Staff completes all other project design reviews as a Type I decision. 4. Preapplication Neighborhood Meeting. For proposals subject to a Type II-A or Type III-A review process, the applicant shall host a public preapplication neighborhood meeting to discuss and receive public comment on the conceptual proposal. The applicant shall provide notice of this meeting to all property owners and residents (including tenants of individual units within multifamily residential buildings) within 500 feet of the subject site by depositing written notice in the U.S. mail postage paid at least 14 calendar days in advance of the meeting to all persons and entities shown as having an ownership interest in the land records of Snohomish County. An affidavit of mailing shall be provided to the city by the applicant attaching its mailing list. While this meeting will allow immediate public response to the proposal in its conceptual form, comments submitted during this meeting are not binding to the applicant or staff. However, staff may make general recommendations to the applicant as part of the formal application based on the input from this meeting to the extent that said comments are consistent with the adopted provisions of the Edmonds Community Development Code and the comprehensive plan. As a courtesy, the applicant shall provide summary minutes of the meeting to all of those in attendance within two weeks of the date of the meeting . [Ord. 4302 § 4 (Att. A), 2023; Ord. 4154 § 15 (Att. D), 2019; Ord. 3736 § 42, 2009; Ord. 3636 § 3, 2007]. 9.1.b Packet Pg. 241 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 20.12.020 Design review by the architectural design board. A. Public Hearing – Phase 1. Phase 1 of the public hearing shall be scheduled with the architectural design board (ADB) as a public meeting. Notice of the meeting shall be provided according to the requirements of ECDC 20.03.003. This notice may be combined with the formal notice of application required under ECDC 20.03.002, as appropriate. 1. The purpose of Phase 1 of the public hearing is for the ADB to identify the relative importance of design criteria that will apply to the project proposal during the subsequent design review. The basic criteria to be evaluated are listed on the design guidelines checklist contained within the design guidelines and this chapter. The ADB shall utilize the urban design guidelines and standards contained in the relevant city zoning classification(s), any relevant district-specific design objectives contained in the comprehensive plan, and the relevant portions of this chapter and Chapter 20.13 ECDC, to identify the relative importance of design criteria; no new, additional criteria shall be incorporated, whether proposed in light of the specific characteristics of a particular tract of land or on an ad hoc basis. 2. Prior to scheduling Phase 1 of the public hearing, the applicant shall submit information necessary to identify the scope and context of the proposed development, including any site plans, diagrams, and/or elevations sufficient to summarize the character of the project, its site, and neighboring property information. At a minimum, an applicant shall submit the following information for consideration during Phase 1 of the public hearing: a. Vicinity plan showing all significant physical structures and environmentally critical areas within a 200-foot radius of the site including, but not limited to, surrounding building outlines, streets, driveways, sidewalks, bus stops, and land use. Aerial photographs may be used to develop this information. b. Conceptual site plan(s) showing topography (minimum two-foot intervals), general location of building(s), areas devoted to parking, streets and access, existing open space and vegetation. All concepts being considered for the property should be submitted to assist the ADB in defining all pertinent issues applicable to the site. c. Three-dimensional sketches, photo simulations, or elevations that depict the volume of the proposed structure in relation to the surrounding buildings and improvements. 9.1.b Packet Pg. 242 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 3. During Phase 1 of the public hearing, the applicant shall be afforded an opportunity to present information on the proposed project. The public shall also be invited to address which design guidelines checklist criteria from ECDC 20.12.070 they feel are pertinent to the project. The Phase 1 meeting shall be considered to be a public hearing and information presented or discussed during the meeting shall be recorded as part of the hearing record. 4. Prior to the close of Phase 1 of the public hearing, the ADB shall identify the specific design guidelines checklist criteria – and their relative importance – that will be applied to the project during the project’s subsequent design review. In submitting an application for design review approval under this chapter, the applicant shall be responsible for identifying how the proposed project meets the specific criteria identified by the ADB during Phase 1 of the public hearing. 5. Following establishment of the design guidelines checklist, the public hearing shall be continued to a date certain, not exceeding 120 days from the date of Phase 1 of the public hearing. The continuance is intended to provide the applicant with sufficient time to prepare the material required for Phase 2 of the public hearing, including any design or redesign needed to address the input of the public and ADB during Phase 1 of the public hearing by complying with the prioritized checklist. 6. Because Phase 1 of the public hearing is only the first part of a two-part public hearing, there can be no appeal of the design decision until Phase 2 of the public hearing has been completed and a final decision rendered. B. Continued Public Hearing – Phase 2. 1. An applicant for Phase 2 design review shall submit information sufficient to evaluate how the project meets the criteria identified by the ADB during Phase 1 of the public hearing described in subsection (A) of this section. At a minimum, an applicant shall submit the following information for consideration during Phase 2 of the public hearing: a. Conceptual site plan showing topography (minimum two-foot intervals), general layout of building, parking, streets and access, and proposed open space. b. Conceptual landscape plan, showing locations of planting areas identifying landscape types, including general plant species and characteristics. 9.1.b Packet Pg. 243 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) c. Conceptual utility plan, showing access to and areas reserved for water, sewer, storm, electrical power, and fire connections and/or hydrants. d. Conceptual building elevations for all building faces illustrating building massing and openings, materials and colors, and roof forms. A three-dimensional model may be substituted for the building elevation(s). e. If more than one development concept is being considered for the property, the submissions should be developed to clearly identify the development options being considered. f. An annotated checklist demonstrating how the project complies with the specific criteria identified by the ADB. g. Optional: generalized building floor plans may be provided. 2. Staff shall prepare a report summarizing the project and providing any comments or recommendations regarding the annotated checklist provided by the applicant under subsection (B)(1)(f) of this section, as appropriate. The report shall be mailed to the applicant and ADB at least one week prior to the public hearing. 3. Phase 2 of the public hearing shall be conducted by the ADB as a continuation of the Phase 1 public hearing. Notice of the meeting shall be provided according to the requirements of Chapter 20.03 ECDC. During Phase 2 of the public hearing, the ADB shall review the application and identify any conditions that the proposal must meet prior to the issuance of any permit or approval by the city. When conducting this review, the ADB shall enter the following findings prior to issuing its decision on the proposal: a. Zoning Ordinance. The proposal meets the bulk and use requirements of the zoning ordinance, or a variance or modification has been approved under the terms of this code for any duration. The finding of the staff that a proposal meets the bulk and use requirements of the zoning ordinance shall be given substantial deference and may be overcome by clear and convincing evidence. b. Design Objectives. The proposal meets the relevant district-specific design objectives contained in the comprehensive plan. 9.1.b Packet Pg. 244 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) c. Design Criteria. The proposal satisfies the specific checklist criteria identified by the ADB during Phase 1 of the public hearing under subsection (A) of this section. When conducting its review, the ADB shall not add or impose conditions based on new, additional criteria proposed in light of the specific characteristics of a particular tract of land or on an ad hoc basis. 4. Project Consolidation. Projects may be consolidated in accordance with RCW 36.70B.110 and the terms of the Edmonds Community Development Code. C. Effect of the Decision of the ADB. The decision of the ADB described in subsection (B) of this section shall be used by staff to determine if a project complies with the requirements of these chapters during staff review of any subsequent applications for permits or approvals. The staff’s determination shall be purely ministerial in nature and no discretion is granted to deviate from the requirements imposed by the ADB and the Edmonds Community Development Code. The staff process shall be akin to and administered in conjunction with building permit approval, as applicable. Written notice shall be provided to any party of record (as developed in Phases 1 and 2 of the public hearing) who formally requests notice as to: 1. Receipt of plans in a building permit application or application for property development as defined in ECDC 20.10.020; and 2. Approval, conditioned approval or denial by staff of the building permit or development approval. [Ord. 4314 § 77 (Exh. A), 2023; Ord. 4302 § 4 (Att. A), 2023; Ord. 3817 § 10, 2010; Ord. 3736 §§ 43, 44, 2009; Ord. 3636 § 3, 2007]. 20.12.030 Design review by city staff. A. Optional Preapplication Meeting. At the option of the applicant, a preapplication meeting may be scheduled with city staff. The purpose of the meeting is to provide preliminary staff comments on a proposed development to assist the applicant in preparing an application for development approval. Submission requirements and rules of procedure for this optional preapplication meeting shall be adopted by city staff consistent with the purposes of this chapter. B. Application and Staff Decision. 9.1.b Packet Pg. 245 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 1. An applicant for design review shall submit information sufficient to evaluate how the project meets the criteria applicable to the project. Staff shall develop a checklist of submission requirements and review criteria necessary to support this intent. When design review is intended to accompany and be part of an application for another permit or approval, such as a building permit, the submission requirements and design review may be completed as part of the associated permit process. 2. In reviewing an application for design review, staff shall review the project checklist and evaluate whether the project has addressed each of the applicable design criteria. Staff shall enter the following findings prior to issuing a decision on the proposal: a. Zoning Ordinance. That the proposal meets the bulk and use requirements of the zoning ordinance, including the guidelines and standards contained in the relevant zoning classification(s). b. Design Guidelines. That the proposal meets the relevant district-specific design objectives contained in the comprehensive plan. When conducting its review, city staff shall not add or impose conditions based on new, additional criteria proposed in light of the specific characteristics of a particular tract of land or on an ad hoc basis. [Ord. 4302 § 4 (Att. A), 2023; Ord. 3636 § 3, 2007]. 20.12.070 Design guidelines, criteria and checklist. A. In conducting its review, the ADB shall use the design guidelines and design review checklist as contemporaneously adopted in the design guidelines. B. Additional Criteria. Design review shall reference the specific criteria adopted for each area or district. 1. Criteria to be used in design review for the downtown Edmonds business districts (BD zones) located within the downtown/waterfront activity center as shown on the city of Edmonds comprehensive plan map include the following: a. Design objectives for the downtown waterfront activity center contained in the Edmonds comprehensive plan. 9.1.b Packet Pg. 246 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) b. (Reserved). 2. Criteria to be used in design review for the general commercial (CG) zone located within the medical/Highway 99 activity center or the Highway 99 corridor as shown on the city of Edmonds comprehensive plan map include the following: a. Design standards contained in Chapter 16.60 ECDC for the general commercial zone. b. Policies contained in the specific section of the comprehensive plan addressing the medical/Highway 99 activity center and Highway 99 corridor. [Ord. 4302 § 4 (Att. A), 2023; Ord. 4299 § 47 (Exh. A), 2023; Ord. 3636 § 3, 2007]. 20.12.080 Appeals. Repealed by Ord. 4302. 20.12.090 Lapse of approval. A. Time Limit. Unless the owner submits a fully completed building permit application necessary to bring about the approved alterations, or, if no building permit application is required, substantially commences the use allowed within 18 months from the date of approval, ADB or hearing examiner approval shall expire and be null and void, unless the owner files a fully completed application for an extension of time prior to the expiration date. For the purposes of this section, the date of approval shall be the date on which the ADB’s or hearing examiner’s minutes or other method of conveying the final written decision of the ADB or hearing examiner as adopted are mailed to the applicant. In the event of appeal, the date of approval shall be the date on which a final decision is entered by the city council or court of competent jurisdiction. B. Time Extension. 1. Application. The applicant may apply for a one-time extension of up to one year by submitting a letter, prior to the date that approval lapses, to the planning division along with any other supplemental documentation which the planning manager may require, which demonstrates that he/she is making substantial progress relative to the conditions adopted by the ADB or hearing examiner and that circumstances are beyond his/her 9.1.b Packet Pg. 247 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) control preventing timely compliance. In the event of an appeal, the one-year extension shall commence from the date a final decision is entered in favor of such extension. 2. Fee. The applicant shall include with the letter of request such fee as is established by ordinance. No application shall be complete unless accompanied by the required fee. 3. Review of Extension Application. An application for an extension shall be reviewed by the planning official as a Type I decision (Staff decision – No notice required). [Ord. 4302 § 4 (Att. A), 2023; Ord. 3736 § 46, 2009; Ord. 3636 § 3, 2007]. Chapter 20.13 LANDSCAPING REQUIREMENTS Sections: 20.13.000 Scope. 20.13.010 Landscape plan requirements. 20.13.015 Plant schedule. 20.13.020 General design standards. 20.13.025 General planting standards. 20.13.030 Landscape types. 20.13.040 Landscape bonds. 20.13.050 Urban design chapter adopted. 20.13.000 Scope. The landscape requirements found in this chapter are intended for use by city staff, the architectural design board (ADB) and the hearing examiner in reviewing projects, as set forth in ECDC 20.11.010. The ADB and hearing examiner shall be allowed to interpret and modify the requirements contained herein; provided such modification is consistent with the purposes found in ECDC 20.10.000.20.10.010. [Ord. 3636 § 4, 2007]. 9.1.b Packet Pg. 248 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 20.13.010 Landscape plan requirements. The applicant has the option of submitting a preliminary landscape plan to the architectural design board prior to final approval. The preliminary landscape plan need not include the detail required for final approval, although areas of proposed landscaping should be shown. Final project approval cannot be given until the final landscape plan is submitted and approved. The following items shall be shown on any final landscape plan submitted to the ADB for review: A. Name and address or location of the project; B. All plant material identified by botanical and common name – genus, species and variety (see ECDC 20.13.015); C. Location of all trees and shrubs to be planted; D. Three setsA digital file of landscape plans drawn to a scale of 1" = 30' or larger (e.g., 1" = 20', 1" = 10', etc.). PlanPlans should include a bar scale for reference. See “Checklist for Architectural Design Review” items (on architectural design board brochure) for required number of other plans; E. Scale of the drawing, a north arrow and date of the plan; F. All property lines, as well as abutting streets and alleys; G. Locations, sizes and species of existing trees (six inches in caliper or more) and shrubs. Trees and shrubs to be removed must be noted. Natural areas should be designated as such; H. Any proposed or existing physical elements (such as stormwater facilities, fencing, walls, building, curbing, and signs) that may affect the overall landscape; I. Parking layout, including circulation, driveway location, parking stalls and curbing (see ECDC 20.13.020(D)); J. Grading shown by contour lines (minimum five-foot intervals), spot elevations, sections or other means; K. Location of irrigation system (see ECDC 20.13.020(E)). [Ord. 4085 § 10 (Exh. A), 2017; Ord. 3636 § 4, 2007]. 9.1.b Packet Pg. 249 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 20.13.015 Plant schedule. A. The plant schedule shall indicate for all plants the scientific and common names, quantities, sizes and spacing. Quantities are not required on a preliminary landscape plan. A preliminary plan may also indicate shrubs as masses rather than showing the individual plants. The final plan must show individual shrubs and quantities. B. Minimum sizes at installation are as follows: • one-and-three-quarters-inch caliper street trees; one-and-one-half-inch caliper other deciduous trees; • eight feet minimum height – vine maples and other multistemmed trees; • six feet minimum height – evergreen trees; • eighteen inches minimum height for medium and tall shrubs: – small shrub = less than three and one-half feet tall at maturity; – medium shrub = three and one-half feet to six feet tall at maturity; – large shrub = more than six feet tall at maturity. C. Maximum size: species approved within a landscape plan shall have a growth pattern in scale with the development and be consistent with the preservation of significant views and height limit for the zoning district. D. Maximum spacing: • large shrubs = six feet on center; • medium shrubs = four and one-half feet on center; • small shrubs = three feet on center. E. Groundcover is required in all planting bed areas as follows: • one-gallon pots 30 inches on center; • four-inch pots 24 inches on center; 9.1.b Packet Pg. 250 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) • two-and-one-quarter-inch pots 15 inches on center; • rooted cuttings 12 inches on center. All groundcover shall be living plant material approved by the ADB.decision-maker. [Ord. 3636 § 4, 2007]. 20.13.020 General design standards. A. Preference shall be given to an informal arrangement of plants installed in a variety of treatments that will enhance building designs and attractively screen parked vehicles and unsightly areas, soften visual impact of structures and enhance views and vistas. B. A formal arrangement may be acceptable if it has enough variety in layout and plants. Avoid continuous, long, unbroken, straight rows of a single plant where possible. C. Existing vegetation that contributes to the attractiveness of the site should be retained. Existing significant trees and shrubbery (six-inch caliper or more) must be shown on the proposed landscape plan and saved and incorporated into the landscape plan, if they are reasonably attractive and of good quality. D. Curbs shall be provided as needed to contain landscaping in planter areas. E. Automatic irrigation is required for all ADB-approved landscaped areas for projects which have more than four dwelling units, 4,000 square feet of building area or more than 20 parking spaces. F. All planting areas should be at least four feet wide between curbs. G. When selecting tree species, consideration should be given to pedestrian and vehicular use, as well as impacts to surrounding utilities. H. All plants shall be compatible with the character and climate of the Pacific Northwest. Shrubs and/or groundcover are required to provide 75 percent ground coverage within three years. I. Repealed by Ord. 4085. 9.1.b Packet Pg. 251 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) J. Landscaping must be provided in adjacent rights-of-way between property line and curb or street edge and shown on the landscape plan. K. Street trees must be planted according to the city’s street tree plan. Contact the planning division for details. L. Street trees should be installed within four feet of either side of the property line. M. Landscaping should be tall enough to soften any dumpster enclosures located in planting areas. N. Trees and very large shrubs should be planted at least five feet from any water/sewer lines. Landscape plantings shall reflect consideration of plantings in relation to utility lines. O. Utility boxes should be screened with landscaping without blocking access. P. Species approved within a landscape plan shall have a growth pattern in scale with the development and be consistent with the preservation of significant views and height limit for the zoning district. Q. Stormwater LID best management practice integration into overall landscape design is strongly encouraged, where feasible. R. Consideration of a variation to the maximum planter size will be given when the planter area is also functioning as a bioretention or rain garden facility. See requirements in Chapter 18.30 ECDC. S. Landscaping used as part of a low impact development stormwater facility may be counted towards meeting the requirements of this chapter. [Ord. 4085 §§ 11 – 14 (Exh. A), 2017; Ord. 3636 § 4, 2007]. 20.13.025 General planting standards. A. Blank Building Walls. 1. Blank building walls should be softened by landscaping. 2. Landscaping should include trees and shrubs – mostly evergreen. 9.1.b Packet Pg. 252 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 3. Trees should be planted an average of 20 feet on center either formally or in clusters. B. Foundation Planting. 1. Trees and shrubs should soften the building elevation and soften the transition between the pavement and the building. 2. Plantings may be in informal or formal arrangements (see ECDC 20.13.020(A) and (B)). 3. Landscaping should be planted in all areas except service areas. 4. Planting areas should be at least four feet wide. [Ord. 3636 § 4, 2007]. 20.13.030 Landscape types. A. Type I Landscaping. Type I landscaping is intended to provide a very dense sight barrier to significantly separate uses and land use districts. 1. Two rows of evergreen trees, a minimum of 10 feet in height and planted at intervals of no greater than 20 feet on center. The trees must be backed by a sight-obscuring fence a minimum of five feet high or the required width of the planting area must be increased by 10 feet; and 2. Shrubs a minimum of three and one-half feet in height planted in an area at least five feet in width, and other plant materials, planted so that the ground will be covered within three years; 3. Alternatively, the trees and shrubs may be planted on an earthen berm at least 15 feet in width and an average of five feet high along its midline. B. Type II Landscaping. Type II landscaping is intended to create a visual separation between similar uses. 1. Evergreen and deciduous trees, with no more than 30 percent being deciduous, a minimum of six feet in height, and planted at intervals no greater than 20 feet on center; and 9.1.b Packet Pg. 253 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 2. Shrubs, a minimum of three and one-half feet in height and other plant materials, planted so that the ground will be covered within three years. C. Type III Landscaping. Type III landscaping is intended to provide visual separation of uses from streets, and visual separation of compatible uses so as to soften the appearance of streets, parking areas and building elevations. 1. Evergreen and deciduous trees, with no more than 50 percent being deciduous, a minimum of six feet in height, and planted at intervals no greater than 30 feet on center; and 2. If planted to buffer a building elevation, shrubs, a minimum of three and one-half feet in height, and living ground cover planted so that the ground will be covered within three years; or 3. If planted to buffer a parking area, access, or site development other than a building, any of the following alternatives may be used unless otherwise noted: a. Shrubs, a minimum of three and one-half feet in height, and living ground cover must be planted so that the ground will be covered within three years. b. Earth-mounding, an average of three and one-half feet in height, planted with shrubs or living ground cover so that the ground will be covered within three years. This alternative may not be used in a downtown or waterfront area. c. A combination of earth mounding, opaque fences and shrubs to produce a visual barrier at least three and one-half feet in height. D. Type IV Landscaping. Type IV landscaping is intended to provide visual relief where clear sight is desired to see signage or into adjacent space for safety concerns. 1. Trees shall be deciduous and planted 25 feet on center and the trunk shall be free of branches below six feet in height. 2. Plant materials which will cover the ground within three years, and which will not exceed three and one-half feet in height. E. Type V Landscaping. Type V landscaping is intended to provide visual relief and shade in parking areas. 9.1.b Packet Pg. 254 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 1. Required Amount. a. If the parking area contains no more than 50 parking spaces, at least 17.5 square feet of landscape development must be provided as described in subsection (E)(2) of this section for each parking stall proposed. b. If the parking area contains more than 99 parking spaces, at least 35 square feet of landscape development must be provided as described in subsection (E)(2) of this section for each parking stall proposed. c. If the parking area contains more than 50 but less than 100 parking spaces, the director – or his designee – shall determine the required amount of landscaping by interpolating between 17.5 and 35 square feet for each parking stall proposed. The area must be landscaped as described in subsection (E)(2) of this section. 2. Design. a. Each area of landscaping must contain at least 150 square feet of area and must be at least four feet in any direction exclusive of vehicle overhang. The area must contain at least one tree a minimum of six feet in height and with a minimum size of one and one-half inches in caliper if deciduous. The remaining ground area must be landscaped with plant materials, decorative mulch or unit pavers. b. A landscaped area must be placed at the interior ends of each parking row in a multiple-lane parking area. This area must be at least four feet wide and must extend the length of the adjacent parking stall. c. Up to 100 percent of the trees proposed for the parking area may be deciduous. d. Repealed by Ord. 4085. e. The minimum area per planter is 64 square feet. f. The maximum area per planter is 1,500 square feet for parking lots greater than 12,000 square feet. Planters shall be spread throughout the parking lot. g. Shade trees are required at the rate of a minimum of one per planter and/or one per 150 square feet of planter. [Ord. 4085 § 15 (Exh. A), 2017; Ord. 3636 § 4, 2007]. 9.1.b Packet Pg. 255 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 20.13.040 Landscape bonds. A. An itemized cost estimate, covering landscaping and irrigation, must be submitted for use in determining the landscape bond amount. The city will use this estimate to set the amount of the landscape performance bond. B. A performance bond will be required for release of the building permit. This bond will be used to cover installation of required landscaping, fences or screening for service areas. C. Landscaping must be installed prior to issuance of certificate of occupancy (for multiple-family and single-tenant commercial buildings) or a certificate of completion (for multiple-tenant commercial buildings). D. Once the landscaping has been installed, a 15 percent maintenance bond is required for release of the performance bond. Any plants that die within two years of installation must be replaced before the maintenance bond can be released. Upon inspection and approval, the maintenance bond may be released after two years. [Ord. 3636 § 4, 2007]. 20.13.050 Urban design chapter adopted. In aid of the design review criteria established pursuant to Chapters 20.10 ECDC, et seq., the urban design chapter is hereby adopted in that form shown on Exhibit A attached to the ordinance codified in this chapter. Such exhibit is incorporated by this reference as fully as if herein set forth. These criteria shall be applied in accordance with the provisions of ECDC 20.12.070(A). The city clerk and planning department shall maintain copies for the public and shall make the standards available online. [Ord. 3636 § 5, 2007]. 9.1.b Packet Pg. 256 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) The Edmonds Community Development Code is current through Ordinance 4375, passed December 10, 2024. Disclaimer: The city clerk’s office has the official version of the Edmonds Community Development Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 9.1.b Packet Pg. 257 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Chapter 20.60 SIGN CODE Sections: 20.60.000 Purpose. 20.60.005 Definitions. 20.60.010 Permit required. 20.60.015 Design review procedures. 20.60.015 Design review procedures. 20.60.020 General regulations for permanent signs. 20.60.025 Total maximum permanent sign area. 20.60.030 Wall signs – Maximum area and height. 20.60.035 Window signs – Maximum area. 20.60.040 Projecting signs – Maximum area and height restrictions. 20.60.045 Freestanding signs – Regulations. 20.60.050 Wall graphic and identification structures. 20.60.055 Pedestrian signs. 20.60.060 Campaign signs. 20.60.065 Real estate signs. 20.60.070 Construction signs. 20.60.075 Governmental signs. 20.60.080 Temporary signs. 20.60.090 Prohibited signs. 20.60.095 Exempt signs. 20.60.100 Administration. 20.60.000 Purpose. The purpose of this chapter is to enact regulatory measures to implement those goals and policies stated in the Edmonds Comprehensive Policy Plan and to achieve the following objectives: 9.1.b Packet Pg. 258 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) A. Protect the public right-of-way from obstructions which would impair the public’s use of their right-of-way. B. Minimize the hazard to the public represented by distractions to drivers from moving, blinking, or other similar forms of signage or visual clutter. C. Provide for distinct signage for each distinct property. D. Encourage the use of graphics/symbols to reduce the visual clutter associated with overly large letters or extensive use of lettering. E. Minimize potential for view blockage and visual clutter along public rights-of-way. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 20.60.005 Definitions. For the purposes of the enforcement of this chapter, the following definitions shall apply: “Attached sign” is any sign attached or affixed to a building. Attached signs include wall signs, projecting signs, and window signs. “Boxed cabinet sign” is a permanent sign that is mounted on the face of a building that is roughly rectangular in shape and provides for internal illumination and changing the message of the sign by replacing a single transparent or translucent material such as a Plexiglass/Lexan face. This definition is meant to distinguish between a cabinet sign that is essentially a rectangular box and one that follows the outlines of the letters of the sign, or an “outline cabinet sign.” “Building ID/historic sign” is a permanent sign that identifies or names a building and assists in creating landmarks in the city. Examples include dates, “1890”; names, “Beeson Building”; or addresses. “Campaign sign” is a temporary sign displaying a message relating to a candidate, political party, or issue that is registered or certified for an upcoming election. “Commercial sign” is a sign displayed for the purpose of identifying a commercial use, or advertising a service, product, business or venture that is offered for trade or sale. 9.1.b Packet Pg. 259 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) “Community event banner” is a noncommercial sign composed of cloth, fabric, canvas or similarly flexible material that promotes a temporary community event endorsed, operated or sponsored wholly or in part by a local public entity the jurisdiction of which includes the city of Edmonds. “Community events” are nonprofit, governmental or charitable festivals, contests, programs, fairs, carnivals or recreational contests conducted within the city. “Construction sign” is a permanent or temporary sign displayed on premises where any physical excavation, construction, demolition, rehabilitation, structural alteration or related work is currently occurring, pursuant to a valid building permit. “Directional symbols” are small in size (two square feet or less) and intended to provide on-site directions to specific locations or areas (such as parking areas, drive-through facilities, ATMs and entries and/or exits), hours of operation, parking limitations, warnings of hazards, prohibition of activities (such as “no parking”), historical markers and similar public information. Directional symbols are not considered to be signage as regulated in this chapter. “Fixed sign” is any sign attached or affixed to the ground or any structure in such a manner so as to provide for continuous display for an extended or indeterminable period of time. Fixed signs include, but are not limited to, freestanding signs and wall signs. “Freestanding sign” is any sign that is not attached or affixed to a building. Freestanding signs can be further described as “monument signs” or “pole signs.” “Governmental sign” is a sign owned, operated or sponsored by a governmental entity, and which promotes the public health, safety or welfare. Governmental signs include, but are not limited to, traffic signs, directional and informational signs, publicly sponsored warning or hazard signs, and community event banners displayed by a governmental entity on public property. “Group sign” is a sign or signs on one sign structure serving two or more businesses sharing a parking facility. “Halo sign” is a sign where the light source is concealed behind an opaque face and the rays of illumination are projected outward around the edges of the sign or directed against the surface behind the sign forming a silhouette or halo effect. Halo signs are not considered to be internally illuminated signs for the purposes of this chapter. 9.1.b Packet Pg. 260 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) “Identification structure” is a structure intended to attract the attention of the public to a site, without the use of words or symbols identifying the businesses. Examples include fountains, sculptures, awnings, and totem poles. “Internally illuminated signs” include any sign where light shines through a transparent or semi-transparent sign face to illuminate the sign’s message. Exposed neon is considered to be a form of internal illumination. “Marquee” or “canopy” is a permanent roofed structure attached and supported by the building. “Marquee sign” is any sign attached to or made a part of a building marquee. A marquee sign is a form of projecting sign. “Monument signs” are freestanding signs that have integrated the structural component of the sign into the design of the sign and sign base. “Noncommercial sign” is a sign that is intended to display a religious, charitable, cultural, governmental, informational, political, educational, or artistic message, that is not primarily 9.1.b Packet Pg. 261 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) associated with a good, product, or service offered for sale or trade. Noncommercial signs include signs advertising incidental and temporary commercial activities conducted by churches and nonprofit businesses, clubs, groups, associations or organizations. “Off-premises sign” is any sign that advertises or relates to a good, product, service, event, or meeting, that is offered, sold, traded, provided, or conducted at some location or premises other than that upon which the sign is posted or displayed. Off-premises signs include all signs posted or displayed in the public right-of-way. “On-premises sign” is any sign that advertises or relates to a good, product, service, event, or meeting that is lawfully permitted to be offered, sold, traded, provided, or conducted at the location or premises upon which the sign is posted or displayed. On-premises signs also include signs not related to any particular location or premises, such as signs displaying religious, charitable, cultural, governmental, informational, political, educational, or artistic messages that are intentionally displayed by the owner of the property or premises upon which the sign is displayed. “Outline cabinet sign” is a permanent sign that is mounted on the face of a building that roughly follows the shape of the text or symbology of the sign and provides for internal illumination. This definition is meant to distinguish between a cabinet sign that follows the outlines of the letters of the sign and one that is essentially a rectangular box or a “boxed cabinet sign.” An “outlined cabinet sign” will be treated more like an “individual letter sign” where the area of the sign is calculated based on the actual outlined shape of the sign. “Permanent sign” is a fixed or portable sign intended for continuous or intermittent display for periods exceeding 60 days in any calendar year. “Pole signs” are freestanding signs where the structural support for the sign is one or more exposed pole(s). Pole signs may include community event banners where the banner is supported by at least two poles that are permanently attached to the ground (“pole-mounted community event banners”). However, pole signs with two poles that are not more than six feet in height are considered to be monument signs. “Portable sign” is any sign that is readily capable of being moved or removed, whether attached or affixed to the ground, or any structure that is typically intended for temporary display. Portable signs include, but are not limited to: 9.1.b Packet Pg. 262 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 1. Signs designed and constructed with a chassis or support with or without wheels; 2. Pedestrian signs, including signs such as A-frame (sandwich board), stanchion, easel, or post-style signs intended as freestanding signs in pedestrian environments; Left: Stanchion sign 3. Wooden, metal, or plastic “stake” or “yard” signs; 4. Posters or banners affixed to windows, railings, overhangs, trees, hedges, or other structures or vegetation, except for pole-mounted community event banners; 5. Signs mounted upon vehicles parked and visible from the public right-of-way, except signs identifying the related business when the vehicle is being used in the normal day-to-day operation of the business, and except for signs advertising for sale the vehicle upon which the sign is mounted; 6. Searchlights; 7. Inflatables. “Premises” is the actual physical area of the lot upon which a sign is posted or displayed. 9.1.b Packet Pg. 263 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) “Projecting sign” is any sign attached or affixed to a building or wall in such a manner that its leading edge extends more than 12 inches beyond the surface of such building or wall. “Reader board sign” is a sign that is designed to allow for a change in the message, either by adding or removing plastic letters, or by means of electronics and lights. Reader boards do not include signs which have a changeable message where the sign does not change more than once per day and where the changeable features are integrated with the background and overall design of the sign, including the sign’s typefaces, colors and symbology. Individual letters or numbers placed on a solid-colored background is considered to be a reader board. Two signs at left: Acceptable changeable message sign; Two signs at right: A reader board. “Real estate sign” is a sign displaying a message relating to the sale or rent of real property. “Sign” is any structure, device or fixture that is visible from a public place, that incorporates graphics, symbols, or written copy for the purposes of conveying a particular message to public observers, including wall graphics or identification structures. 9.1.b Packet Pg. 264 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) “Sign area” is the area of a sign on which copy is to be placed, as set forth in ECDC 20.60.020(A). “Temporary sign” is a sign intended for short-term display, not to exceed 60 calendar days in any calendar year. Window signs meeting the requirements of ECDC 20.60.035 are not regulated as temporary signs. “Wall graphic” is a wall sign, including murals, in which color and form, and primarily without the use of words, are a part of the overall design on the building(s) where the wall graphic is proposed. A wall graphic may be painted or applied (not to exceed one-half inch in thickness) to a building as a part of its overall color and design, but may not be internally lighted. Internally lighted assemblies, including those which project from the wall of the structure, or which are located on any accessory structure on the site, shall be considered wall signs and comply with the requirements of this chapter. “Wall sign” is a sign that is attached or affixed to a wall and that is parallel to and not projecting more than 12 inches at any angle from such wall. Wall signs include signs that are painted directly upon a wall. “Window sign” is a sign that is attached or affixed to a window, or a sign displayed within 24 inches of the inside of a window in such a manner as to be visible from any public place. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3800 § 1, 2010; Ord. 3631 § 1, 2007; Ord. 3628 § 8, 2007; Ord. 3561 § 1, 2005; Ord. 3514 § 1, 2004; Ord. 3461 § 2, 2003]. 20.60.010 Permit required. A. Except as provided in this chapter, no permanent sign may be constructed, installed, posted, displayed or modified without first obtaining a sign permit approving the proposed sign’s size, design, location, and display as provided for in this chapter. B. Design approval is not required for the posting of permanent signs in residential zones; provided, that the restrictions and standards of this chapter are met. If additional signage is requested for conditional or nonconforming uses in residential zones, the property owner shall apply for design review. Design review is not required for any sign which does not require a building permit. 9.1.b Packet Pg. 265 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) C. A sign modification shall include, but is not limited to, relocations, modifications to size, design, height or color scheme, or the replacement of 25 percent or more of the structural material in the sign area. Normal and ordinary maintenance and repair, and changes to the graphics, symbols, or copy of a sign, without affecting the size, structural design, height, or color scheme, shall not constitute modifications for purposes of this section. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3514 § 2, 2004; Ord. 3461 § 2, 2003]. 20. 60.015 Design review procedures. A. Staff Approval. Except as referred to the architectural design board pursuant to subsection (A)(1) of this section, and except as provided in subsection (B) of this section, the planning manager, or designee, shall review all applications for design review under refer design review applications to the architectural design board for the types of signs listed below, where the this chapter, and shall approve, conditionally approve or deny the application in accordance with the policies of ECDC 20.10.00020.10.000 and the standards and requirements of this chapter; provided, that for murals and artwork the planning manager or designee shall review the application in accordance with the criteria set forth in subsection (C) of this section. The decision of the planning manager on any sign permit application shall be final except that signs reviewed by the architectural design board are appealable to the hearing examiner. 1. The planning manager or designee may refer design review applications to the architectural design board for the types of signs listed below, where the planning manager determines that the proposed sign has the potential for significant adverse impacts on community aesthetics or traffic safety: a. Any sign application for an identification structure as defined by this chapter; b. Any sign application for a wall graphic as defined by this chapter; c. Any proposed sign that the planning manager determines to be obtrusive, garish or otherwise not consistent with the architectural features of the surrounding neighborhood. B. Review by Architectural Design Board. The architectural design board shall review those signs listed in subsection (B)(1) of this section and any sign permit referred by the planning manager pursuant to subsection (A)(1) of this section. 9.1.b Packet Pg. 266 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 1. The ADB shall review any sign permit application that requests a modification to any of the standards prescribed by this chapter. The ADB shall only approve modification requests that arise from one of the following two situations: a. The request is for signage on a site that has a unique configuration, such as frontage on more than two streets, or has an unusual geometric shape or topography; b. The request is for signage on a building that has unique architectural elements or features or details that substantially restrict the placement or size of signage relative to other buildings in the vicinity. 2. The ADB may approve the requested modification only if it meets the following criteria: a. The design of the proposed signage must be compatible in its use of materials, colors, design and proportions with development throughout the site and with similar signage in the vicinity; b. In no event shall the modification result in signage which exceeds the maximum normally allowed by more than 50 percent. C. Staff Review of Murals and Artwork. When a proposed wall graphic is proposed as a mural or artwork, the planning manager or designee shall review and approve, conditionally approve, or deny the application in accordance with the following criteria. While a separate sign permit is required for each wall graphic, the staff may make a single design review decision on wall graphics that consist of related murals or artwork. Related murals or artwork may include multiple proposals for sites within reasonable proximity to each other that are related by theme, style, materials used, and/or context. The decision of the staff on any design review application containing a mural or art as a wall graphic may be appealed to the hearing examiner pursuant to the procedure established in Chapter 20.06 ECDC. 1. Art, like other exercises of First Amendment rights, may be limited by reasonable time, place, and manner restrictions. In this case, these criteria will be utilized to enhance the aesthetics of the city and to ensure quality and maintenance standards are observed. No recommendation shall be based upon the content or message expressed by an artist or in a work of art. Applicants are encouraged to coordinate their artwork with the design or architectural elements of the building and the historic and pedestrian-oriented character of the downtown area. 9.1.b Packet Pg. 267 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 2. Specific submission requirements for design review include, but are not limited to: a. Site sketch showing locations of artwork; b. Minimum one-fourth-inch scale color drawings of the art concept or art component; c. Material/color samples; d. Written Proposal. A written proposal in eight-and-one-half-inch-by-11-inch format to include a description and summary of a final design proposal for the artwork; detailed maintenance requirements; a schedule for development, fabrication, and completion; artist’s resume; and evidence of assumption of liability by applicant or designee; and e. When required pursuant to ECDC 20.45.05020.45.050, a certificate of appropriateness shall be obtained from the historic preservation commission for murals on designated historic structures or within a designated historic district. 3. Review Criteria. Review criteria for the design review include: a. Quality of the materials used to create the artwork. Materials should be resistant to fading; no fluorescent paints; b. Durability and permanence, including ability to withstand age, vandalism, and weathering. Consideration should be given to anti-graffiti coating; and c. Compatibility of the artwork with architectural elements, other elements of the street, and adjacent structures. Compatibility shall be determined by relationships of the elements of form, proportion, scale, color, materials, surface treatment, and size and style of lettering. Lettering shall be minimized, but may be considered for inclusion when necessary to the artistic content. D. Notwithstanding the provisions of subsections (A), (B), and (C) of this section, sign permit applications shall not be referred to or reviewed by the architectural design board if the proposed sign constitutes a modification to an existing sign and involves no significant alteration or modification to the size, height, design, lighting or color of the existing sign. Sign permit applications for such sign modifications shall be processed and subject to review in the same manner as provided for staff review in subsection (A) of this section. [Ord. 4154 § 22 (Att. D), 9.1.b Packet Pg. 268 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 2019; Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3800 § 1, 2010; Ord. 3736 § 60, 2009; Ord. 3461 § 2, 2003]. 20.60.020 General regulations for permanent signs. A. Sign Area. The area of a sign shall be calculated as follows: 1. The area of a sign is maximum actual area of a sign that is visible from any single point of observation from any public vantage point. The sign area is normally the smallest rectangle that encloses the entire copy area of the sign. 2. Individual letters, numbers or symbols applied directly to a wall or structure and used to form the sign shall be calculated individually. 3. Supporting structures which are part of a sign display shall be included in the calculation of the sign area, except that the supporting structure of a monument sign or pole sign shall not be included when calculating the sign area. Left: Sign area = X * Y Right: Applied individual letters are calculated separately. 9.1.b Packet Pg. 269 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Monument sign: The base is not included in the calculation of sign area (dashed rectangle). B. When located on a wall or mansard roof, no sign may extend above the highest point of the wall or mansard roof when the mansard roof is on a one-story building. Other than a mansard roof on a one-story building, a sign may not be attached above the eave or drip line on a pitched roof. C. Except for pole-mounted community event banners, no sign or any part of a sign may be designed or constructed to be moving by any means and shall not contain items such as banners, ribbons, streamers and spinners. Signs with type that is movable to change the message (reader boards) are allowed, subject to the specific requirements detailed elsewhere in this chapter. D. Signs that extend into or over a public right-of-way shall comply with Chapter 18.70 ECDC. E. Exposed braces and angle irons are prohibited unless they are part of a decorative design that is integral to the design of the sign. Guywires are prohibited unless there are no other practical means of supporting the sign. F. No sign shall have blinking, flashing, fluttering or moving lights or other illuminating device which has a changing light density or color; provided, however, temperature and/or time signs that conform in all other respects to this chapter are allowed. Electronic reader boards may have messages that change; however, moving messages are not allowed. Messages that change at intervals less than 20 seconds will be considered blinking or flashing and not allowed. 9.1.b Packet Pg. 270 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) G. No light source which exceeds 20 watts shall be directly exposed to any public street or adjacent property. H. No illumination source of fluorescent light shall exceed 425 milliamps or be spaced closer than eight inches on center. I. No commercial sign shall be illuminated after 11:00 p.m. unless the commercial enterprise is open for business and then may remain on only as long as the enterprise is open. J. No window signs above the first floor shall be illuminated. K. Sign height shall be determined as follows: 1. For attached signs, sign height is the vertical distance from the highest point on the sign to the average finished grade. 2. For freestanding signs, sign height is the vertical distance from the highest point of the sign area or its support to the average elevation of the finished grade at the base of the supports. L. Portable signs may not be used as permanent signage; only fixed signs are permitted. M. The following matrix summarizes the types of signs permitted in each neighborhood/district within the city: Sign Type Downtown1 SR-992 Westgate/SR-1043 Neighborhood Commercial (BN, BP and FVMU Zones) Business Uses in RM Zones Wall-Mounted P P P P P Monument C P P C C Pole N P N N N Projecting P P P P P 9.1.b Packet Pg. 271 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Sign Type Downtown1 SR-992 Westgate/SR-1043 Neighborhood Commercial (BN, BP and FVMU Zones) Business Uses in RM Zones Internal Illumination C P P C N Reader Boards C C C C C Individual Letters P P P P P Boxed Cabinet N P C C N Building ID P P P P P Pedestrian P N N N N Wall Graphics C C C C C 1 Downtown includes all properties within the downtown activity center defined in the comprehensive plan. 2 SR-99 includes all properties within the medical/Highway 99 activity center and the Highway 99 corridor defined in the comprehensive plan. 3 Westgate/SR-104 includes all properties within the Westgate corridor, the Edmonds Way corridor, and within the Westgate community commercial area, as defined in the comprehensive plan. Note: In the above table, P = Permitted; N = Not permitted; C = Conditionally permitted if consistent with the standards itemized in subsection (N) of this section. N. The following standards clarify how some signs identified as “conditionally permitted” must be installed to be permitted in the city of Edmonds: 1. Monument signs over six feet in height must be reviewed to ensure that the materials, colors, design and proportions proposed are consistent with those used throughout the site. 9.1.b Packet Pg. 272 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 2. Internally illuminated signs in the downtown area and neighborhood commercial areas may only light the letters or logos/symbols. The background of a sign face may not be illuminated. 3. Internally illuminated signs in the downtown area and the neighborhood commercial areas must be mounted on the wall of the building. They may not be mounted on or under an attached awning. 4. Internally illuminated signs that use exposed neon may only be located in the interior of buildings in the downtown area and the neighborhood commercial areas. 5. Internally illuminated signs in the downtown area shall not be permitted to be higher than 14 feet in height. 6. Reader board messages are limited to alphanumeric messages only. 7. Reader boards are only permitted for public uses or places of public assembly. Public uses and places of assembly include, but are not limited to, schools and churches as well as local and regional public facilities. 8. The background color of a boxed cabinet sign face must be coordinated with and complement the colors used on the building. 9. The background color of a boxed cabinet sign face must be opaque and not allow any internal illumination to shine through. [Ord. 4314 § 81 (Exh. A), 2023; Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3631 § 2, 2007; Ord. 3461 § 2, 2003]. 20.60.025 Total maximum permanent sign area. A. Business and Commercial Zone Districts (BN, BP, BC, BD, WMU, CW and CG). 1. The maximum total permanent sign area for allowed or permitted uses in the BN, BC, BD and CW zones shall be one square foot of sign area for each lineal foot of wall containing the main public entrance to the primary building or structure located upon a separate legal lot. Within the downtown activity center defined in the comprehensive plan, six square feet of sign area is added to the maximum permanent sign area available for each ground floor storefront. 9.1.b Packet Pg. 273 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 2. The maximum total permanent sign area for allowed or permitted uses in the CG zone shall be one square foot of sign area for each lineal foot of building frontage along a public street and/or along a side of the building containing the primary public entrance to a maximum of 200 square feet. The allowable sign area shall be computed separately for each qualifying building frontage, and only the sign area derived from that frontage may be oriented along that frontage. Sign areas for wall-mounted signs may not be accumulated to yield a total allowable sign area greater than that permitted upon such frontage, except that businesses choosing not to erect a freestanding sign may use up to 50 percent of their allowable freestanding sign area for additional attached sign area. Use of the additional area shall be subject to the review of the architectural design board. 3. The maximum total permanent sign area may be divided between wall, projecting, and freestanding signs, in accordance with regulations and maximum sign area and height for each type of sign, as provided in ECDC 20.60.030 through 20.60.050. Projecting signs (including blade signs) of four square feet or less and window signs meeting the requirements of ECDC 20.60.035 do not count against the total permanent sign area permitted. 4. The maximum number of permitted permanent signs is three per site, or three per physically enclosed business space on commercial sites with multiple business tenants. A site with more than one street frontage is allowed a maximum of five signs. Projecting (including blade) signs of four square feet or less and window signs meeting the requirements of ECDC 20.60.035 do not count against the total number of permitted permanent signs. Multi-tenant sites are allowed one additional group sign per street frontage identifying the individual subtenants at the site. The total sign area of all signs permitted on site must also comply with the maximum total permanent sign area specified in this chapter. 5. Where permitted, pedestrian signs do count against the permanent sign area and the number of signs permitted. B. Residential Zone Districts (RS, RM). 1. The maximum allowable signage area for individual residential lots shall be four square feet per street frontage, except as provided in subsection (B)(2) of this section. 9.1.b Packet Pg. 274 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 2. The maximum allowable signage area for formal residential subdivisions, planned residential developments (PRD), or multifamily structures containing at least 10 dwelling units shall be 10 square feet per main street entrance into the subdivision or PRD. Only one sign may be provided at each main entrance. 3. The maximum total permanent sign area may be divided between wall and freestanding signs, in accordance with regulations and maximum sign area and height for each type of sign, as provided in ECDC 20.60.030 through 20.60.050. Window signs meeting the requirements of ECDC 20.60.035 do not count against the total permanent sign area permitted. 4. Signage in excess of that provided in subsections (B)(1) and (2) of this section for lawful nonconforming or conditional nonresidential uses in residential zones may be approved through the issuance of a sign permit pursuant to ECDC 20.60.010, subject to the maximum area and height limitations established for signs in the BN zone. 5. The maximum number of permitted permanent signs is one, except that multifamily sites with more than one vehicular entrance may have one permanent sign per entrance. The total sign area of all signs (excluding incidental signs) permitted on site must also comply with the maximum total permanent sign area specified in this chapter. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3805 § 1, 2010; Ord. 3628 § 9, 2007; Ord. 3461 § 2, 2003]. 20.60.030 Wall signs – Maximum area and height. A. The maximum area of any wall sign shall be as follows: Zone Maximum Area of Sign RS, RM 4 square feet BN, BP, BC, BD, CW, CG, WMU, FVMU 1 square foot per lineal foot of attached wall B. The maximum height of any attached sign shall be as follows: 9.1.b Packet Pg. 275 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Zone Maximum Height of Sign RS, RM 6 feet BN, BP, BC, BD, CW, CG, WMU, FVMU 14 feet or the height of the face of the building on which the sign is located, consistent with ECDC 20.60.020(B) [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3628 § 10, 2007; Ord. 3461 § 2, 2003]. 20.60.035 Window signs – Maximum area. The maximum area of any window sign shall be as follows: Zone Maximum Area of Sign RS, RM 4 square feet BN, BP, BC, BD, CW, CG, WMU, FVMU 1 square foot per each lineal foot of window frontage [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3628 § 11, 2007; Ord. 3461 § 2, 2003]. 20.60.040 Projecting signs – Maximum area and height restrictions. A. The maximum area of any projecting sign shall be as follows: 9.1.b Packet Pg. 276 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Zone Maximum Area of Sign RS, RM Not permitted BN, BP, BC, BD, CW, WMU, FVMU 16 square feet CG 32 square feet B. The maximum height of any projecting sign shall be as follows: Zone Maximum Height of Sign RS, RM Not permitted BN, BP, BC, BD, CW, CG, WMU, FVMU Height of the wall to which the sign is attached C. The sign area of a marquee sign may not exceed two feet in vertical dimension. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3628 § 12, 2007; Ord. 3461 § 2, 2003]. 20.60.045 Freestanding signs – Regulations. A. Regulation. Permanent freestanding signs are discouraged. Freestanding signs shall be approved only where the applicant demonstrates by substantial evidence that there are no reasonable and feasible alternative signage methods to provide for adequate identification and/or advertisement. B. Maximum Area. The maximum area of a freestanding sign shall be as follows: 9.1.b Packet Pg. 277 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Zone Maximum Area of Sign RS, RM 10 square feet (subdivision, PRD, multifamily) 4 square feet (individual residence sign) BN, BP 24 square feet (single) 48 square feet (group) BC, BD, WMU, FVMU 32 square feet (single) 48 square feet (group) CW 32 square feet (single) 48 square feet (group) CG Sign area shall be governed by subsection (C) of this section C. Allowable Sign Area for Freestanding Signs – CG Zone. The total allowable sign area for freestanding signs on general commercial sites shall be 56 square feet or one-half square foot of sign area for each lineal foot of street frontage, whichever is greater, up to a maximum of 160 square feet of freestanding sign area. Freestanding signs count against the overall allowable permanent sign area. Multiple business or tenant sites shall further be allowed an additional 24 square feet of freestanding sign area for each commercial tenant or occupant in excess of one up to a maximum sign area of 160 square feet. Corner lots choosing to accumulate sign area under the provisions of subsection (E) of this section shall be limited to 160 square feet. D. Maximum Height. The maximum sign height of freestanding signs shall be as follows: 9.1.b Packet Pg. 278 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Zone Maximum Height of Sign RS, RM 6 feet BN, BP, BC, BD, CG, CW, WMU, FVMU 14 feet E. Location. Freestanding signs shall be located as close as possible to the center of the street frontage on which they are located. Except for pole-mounted community event banners, freestanding signs may not be located on public property. Sites on a corner of two public streets may have one sign on the corner instead of a sign for each frontage. Monument signs not more than six feet in height may be located in a zoning setback, but not less than five feet from a property line. F. Number. In all zones, each lot or building site shall be permitted no more than one freestanding sign, except in the business and commercial zones where a lot or site has frontage on two arterial streets, in which case there may be permitted one sign per street frontage subject to the restrictions on area contained within this chapter. G. Landscaping. 1. Each freestanding sign shall have a landscaped area twice the size of the sign area at the base of the sign. The landscaping and sign base shall be protected from vehicles by substantial curbing. 2. The applicant shall provide a landscape performance bond in the amount of 125 percent of the estimated costs of the landscaping, or $1,000, whichever is more. The bond shall be processed in accordance with Chapter 17.10 ECDC. [Ord. 4078 § 2 (Exh. 2), 2017; Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3631 § 3, 2007; Ord. 3628 § 13, 2007; Ord. 3461 § 2, 2003]. 9.1.b Packet Pg. 279 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 20.60.050 Wall graphic and identification structures. There are no area restrictions on wall graphics or identification structures. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 20.60.055 Pedestrian signs. Pedestrian signs are only permitted on private property and in the adjacent right-of-way in the BC, BD, CW, and CG zones located within the downtown waterfront activity center, as defined in the comprehensive plan. Pedestrian signs are only permitted if they meet the following requirements: A. Pedestrian signs may be permitted to be located either (1) between the business storefront and the public right-of-way, or (2) on the sidewalk in front of the business storefront if the pedestrian sign meets the following standards: 1. Only one pedestrian sign is permitted per ground floor storefront; 2. Businesses may make arrangements to rotate their pedestrian signs provided they meet the one-sign-per-storefront standard; 3. The sign shall be located within 10 feet of the building entry and must be placed within two feet of the building. The planning and development director may approve an alternative location under the following circumstances: a. An alternative location in front of the building or on the property occupied by the business is less intrusive to pedestrian movement or accessibility; or b. The building containing the business is set back from the property line and a location on the property can be provided such that the sign does not encroach onto a public sidewalk; 4. A business located on a corner property shall have no more than one pedestrian sign, regardless of the number of streets the business fronts on; 5. If located on or near a sidewalk, building entry or pedestrian way, the sign shall be located to provide a clear zone consistent with ECDC 18.70.030(C); 9.1.b Packet Pg. 280 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 6. Pedestrian signs cannot be left outside during hours that the business is closed to the public; 7. Pedestrian signs are limited to: a. Six square feet in area, two and one-half feet in width, and three and one-half feet in height for A-frame or sandwich board signs; and b. Six square feet in area, two and one-half feet in width, and four and one-half feet in height for stanchion, easel or other types of pedestrian signs. [Ord. 4299 § 51 (Exh. A), 2023; Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016]. 20.60.060 Campaign signs. A. On-premises campaign signs are permitted as a form of temporary signage in all zones, subject to the maximum sign size limitations set forth in ECDC 20.60.080. B. Off-premises campaign signs are permitted as a form of temporary signage in the public right-of-way; provided, that the following requirements are met: 1. All campaign signs shall be posted in accordance with the regulations set forth in ECDC 20.60.080(B). 2. All off-premises campaign signs shall be removed within 10 days after the primary, general, or special election to which they pertain. 3. Off-premises campaign signs shall be posted and displayed no earlier than upon declaration of candidacy in accordance with Chapter 29.15 RCW, or other formal registration or certification of the candidate, party, initiative, referendum or other ballot issue for an upcoming election, or 60 days prior to the election, whichever time period is greater. C. There is no maximum number of off-premises campaign signs that may be posted. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 9.1.b Packet Pg. 281 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 20.60.065 Real estate signs. A. On-premises real estate signs are permitted as a form of temporary signage in residential and commercial zones, subject to the maximum signage area and sign number limitations set forth in ECDC 20.60.080. B. Off-premises real estate signs are permitted as a form of temporary signage, subject to the following requirements: 1. Two and only two types of off-premises real estate signs shall be permitted: a. An off-premises real estate directional sign is a sign displaying a directional arrow and either a company or logo, or an indication that the property is for sale by its owner, and installed for the purpose of directing the public to the property. b. An off-premises open house sign is a form of temporary off-premises sign indicating the property is currently open for viewing. 2. All off-premises real estate signs shall be posted in accordance with the regulations set forth in ECDC 20.60.080(B). 3. The maximum number of off-premises real estate signs allowed per property shall only be the number reasonably necessary to direct people to the premises. An agent or owner shall be permitted no more than one off-premises real estate directional sign per intersection and five in total. No more than one off-premises open house sign shall be displayed per intersection and no more than five in total. a. Each off-premises real estate directional sign shall bear a legible tag located on the sign or supporting post indicating the date of posting and the address of the property to which it pertains. b. Off-premises real estate open house signs shall only be posted during daylight hours when the real estate agent or owner is in attendance at the property for sale or rent, and shall be removed immediately upon the termination of an “open house” or other similar property display event. 4. No off-premises real estate signs shall be fastened to any traffic control device, public structure, fence, rock, tree or shrub. 9.1.b Packet Pg. 282 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) C. All on-premises and all off-premises real estate directional signs shall be removed within seven days after the closing of the sale or lease of real property to which the sign pertains. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 20.60.070 Construction signs. Construction signs shall, irrespective of their duration, conform to the general regulations for permanent signs specified under ECDC 20.60.020. Notwithstanding any other provision of this chapter, the maximum area of a construction sign in any zone shall be 32 square feet. No sign permit is required for the posting of construction signs; provided, that all construction signs shall be removed from the premises within 10 days of the cessation of the excavation, construction, demolition, rehabilitation, structural alteration or related work on site. Zone Maximum Area of Signage (per Street Frontage) RS 16 square feet, or 32 square feet if one sign is displayed for a project consisting of building permits issued for four lots or more. Only one sign may be displayed per project. All other zones 32 square feet The preceding square footages shall be in addition to any other temporary signage permitted by ECDC 20.60.080. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3514 § 3, 2004]. 9.1.b Packet Pg. 283 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 20.60.075 Governmental signs. Governmental signs, while exempt from the processes and development regulations required by this chapter, shall be erected and maintained subject to rules and procedures established by the planning and development director. In all cases, the city retains the right to remove any governmental sign at its sole discretion. [Ord. 4299 § 52 (Exh. A), 2023; Ord. 4064 § 1 (Att. A), 2017]. 20.60.080 Temporary signs. A. On-Premises Temporary Signs. On-premises temporary signs are permitted in residential and commercial zones, in addition to any allowed or permitted permanent signage, subject to the following restrictions and standards: 1. Residential Zones (RS, RM). a. Only portable, freestanding or attached signs may be used as temporary signage. b. Commercial on-premises temporary signage is not permitted, except for real estate signs as defined by ECDC 20.60.065. c. Maximum number is one attached or freestanding sign. 2. Commercial Zones (BN, BP, BC, BD, WMU, FVMU, CW, CG). a. Only attached signs may be used for temporary signage. Attached signs may be affixed to any existing building or sign structure that is permitted as a permanent structure on the property. New temporary structures whose sole purpose is to display the temporary sign are not otherwise permitted. b. Maximum duration of display is 60 days in any calendar year for the cumulative posting of all temporary commercial signage upon each commercial location or premises. c. Maximum number of temporary signs is one freestanding sign per property street frontage, and one attached sign per building. 3. The total maximum area of on-premises temporary signage shall be as follows: 9.1.b Packet Pg. 284 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Zone Maximum Area of Temporary Sign RS, RM 6 square feet BN, BP, BC, BD, CW, WMU, FVMU 20 square feet CG 30 square feet 4. The total maximum area for each allowed on-premises temporary sign shall be as follows: Zone Maximum Area of Temporary Sign RS, RM 6 square feet (freestanding and attached) BN, BP, BC, BD, CW, WMU, FVMU 20 square feet (attached) CG 30 square feet (attached) 5. The maximum height of any allowed on-premises temporary sign shall be as follows: Zone Maximum Height of Sign 9.1.b Packet Pg. 285 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Zone Maximum Height of Sign RS, RM 6 feet (freestanding and attached) BN, BP, BC, BD, CW, CG, WMU, FVMU 14 feet (attached) 6. In no case shall temporary signage be posted, located, or displayed in violation of the regulations for permanent signs set forth in ECDC 20.60.020 through 20.60.050. B. Off-Premises Temporary Signage. Off-premises temporary signs are allowed in residential and commercial zones, in accordance with the restrictions and standards set forth below: 1. Commercial off-premises temporary signage is prohibited, except for real estate signs as permitted by ECDC 20.60.065; provided, that such off-premises real estate signs shall be posted, displayed, and removed as provided for in that section, in addition to the provisions of subsections (B)(5) through (9) of this section. 2. Noncommercial off-premises signs are permitted in the public right-of-way; provided, that the posting and display of off-premises signs in the public right-of-way shall require a street use permit where required pursuant to Chapter 18.70 ECDC. 3. Maximum duration of display for all temporary off-premises signs is a cumulative of 60 days in any calendar year, except as otherwise provided in ECDC 20.60.060 for campaign signs. Display may be continuous or intermittent, except as otherwise provided in this section. 4. Except for campaign signs as provided in ECDC 20.60.060, all off-premises noncommercial signs relating to a specific meeting, event, or occurrence shall be removed within 48 hours following the conclusion of the meeting, event, or occurrence to which they relate. 9.1.b Packet Pg. 286 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 5. Only portable freestanding signs may be used as temporary off-premises signage; provided, that the following types of portable freestanding signs are prohibited from use as an off-premises sign: a. Signs with a vehicular chassis or support with or without wheels; b. Posters and banners; c. Signs mounted upon vehicles; d. Searchlights; e. Inflatables. 6. Maximum number of allowed off-premises signs to be displayed simultaneously shall be one sign per sign poster except as provided in ECDC 20.60.060 for campaign signs and in ECDC 20.60.065 for real estate signs. 7. Maximum allowable sign area for all temporary off-premises freestanding signs is six square feet. 8. Maximum allowable sign height for all permitted off-premises signs is three feet. 9. All off-premises temporary signage shall be posted and displayed in accordance with the following restrictions: a. Off-premises signs may not be placed in any portion of the public right-of-way typically used by motor vehicles in a lawful manner. b. Off-premises signs shall be placed so as not to impede pedestrian, bicycle, or handicapped travel or access. c. Off-premises signs shall not be posted in a manner or location which impairs traffic safety by unreasonably blocking line of sight at intersections. d. Off-premises signs shall be constructed of suitable material and design to adequately withstand the reasonably expected normal or average weather conditions during the intended display period of the sign. e. Off-premises signs shall be regularly inspected to ensure that they have not been damaged or destroyed by natural forces or vandalism. Damaged and destroyed signs 9.1.b Packet Pg. 287 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) shall be immediately removed or repaired so as to avoid threats to public health and safety or the accumulation of unclaimed refuse upon the public rights-of-way. f. Off-premises signs shall not be posted upon public property other than the public right-of-way, and shall further not be posted within or upon planter boxes and flower beds within the publicly maintained landscaped portions of the public right-of-way. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3628 § 14, 2007; Ord. 3461 § 2, 2003]. 20.60.090 Prohibited signs. A. General. All signs not expressly permitted by this chapter are prohibited. B. Hazards. Signs which the director of public works determines to be a hazard to vehicle or water traffic because they resemble or obscure a traffic control device, or because they obscure visibility needed for safe traffic passage, are prohibited. These signs shall be removed if they already exist. C. Confiscation of Prohibited Signs in Public Rights-of-Way. All signs which are located within a public right-of-way and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation. D. Any signs confiscated by the city shall be held for 10 working days after which such signs may be destroyed or otherwise disposed of. The owner of any confiscated signs may recover the same upon payment of a $25.00 fee to cover the cost of confiscation and storage. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 20.60.095 Exempt signs. The following types of signs are exempted from regulations of this chapter, except that the dimensional and placement standards shall apply unless variance is required by other provisions of local, state or federal law: A. Signs required by provision of local, state, or federal law. B. Official public notices required by provision of local, state, or federal law. 9.1.b Packet Pg. 288 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) C. Signs not visible from a public location. D. Seasonal and holiday displays not incorporating the use of written copy or graphics to convey a message. E. Gravestones. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 20.60.100 Administration. A. General. The planning and development director is responsible for administering and enforcing the provisions of this chapter. He or she shall adopt application requirements for sign permits. Fees shall be as stated in ECDC 15.00.020. B. Installation Permits. Many signs require installation permits under Chapter 19.45 ECDC and may require plan checking fees as well. C. Notice of Violation. Whenever the planning director becomes aware of a violation of the provisions of this chapter, the planning director shall cause a notice to be sent to the alleged violator informing him or her of the violation, the applicable code section, and a time within which to remedy the violation. The notice shall also advise of the penalties for continued violation of the code as specified in this chapter. If the violation has not been corrected within the time limit specified, the planning director shall refer the matter to the city attorney’s office for institution of appropriate legal action. D. Penalty. Any person violating any provision of this code shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of $25.00 for each day of continued violation. [Ord. 4314 § 82 (Exh. A), 2023; Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. The Edmonds Community Development Code is current through Ordinance 4375, passed December 10, 2024. 9.1.b Packet Pg. 289 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Disclaimer: The city clerk’s office has the official version of the Edmonds Community Development Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 9.1.b Packet Pg. 290 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Chapter 16.43 BD – DOWNTOWN BUSINESS Sections: 16.43.000 Purposes. 16.43.010 Subdistricts. 16.43.020 Uses. 16.43.030 Site development standards. 16.43.035 Design standards – BD zones. 16.43.040 Operating restrictions. 16.43.000 Purposes. The BD zone has the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC: A. Promote downtown Edmonds as a setting for retail, office, entertainment and associated businesses supported by nearby residents and the larger Edmonds community, and as a destination for visitors from throughout the region. B. Define the downtown commercial and retail core along streets having the strongest pedestrian links and pedestrian-oriented design elements, while protecting downtown’s identity. C. Identify supporting arts and mixed-use residential and office areas which support and complement downtown retail use areas. Provide for a strong central retail core at downtown’s focal center while providing for a mixture of supporting commercial and residential uses in the area surrounding this retail core area. D. Focus development between the commercial and retail core and the Edmonds Center for the Arts on small-scale retail, service, and multifamily residential uses. [Ord. 3918 § 1 (Att. 1), 2013; Ord. 3700 § 1, 2008]. 9.1.b Packet Pg. 291 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 16.43.010 Subdistricts. The “downtown business” zone is subdivided into five distinct subdistricts, each intended to implement specific aspects of the comprehensive plan that pertain to the Downtown Waterfront Activity Center. Each subdistrict contains its own unique mix of uses and zoning regulations, as described in this chapter. The five subdistricts are: BD1 – Downtown Retail Core; BD2 – Downtown Mixed Commercial; BD3 – Downtown Convenience Commercial; BD4 – Downtown Mixed Residential; BD5 – Downtown Arts Corridor. [Ord. 3918 § 1 (Att. 1), 2013; Ord. 3700 § 1, 2008]. 16.43.020 Uses. A. Table 16.43-1. Permitted Uses BD1 BD1 GFSF(1) BD2 BD3 BD4 BD5 Commercial Uses Retail stores or sales A A A A A A Offices A X A A A A Legal/law firms A X A A A A Financial A X A A A A Advising A X A A A A 9.1.b Packet Pg. 292 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Permitted Uses BD1 BD1 GFSF(1) BD2 BD3 BD4 BD5 Mortgage A X A A A A Banks (without tellers) A X A A A A Accounting A X A A A A Counseling A X A A A A Architecture A X A A A A Engineering A X A A A A Advertising A X A A A A Insurance A X A A A A Fitness related business (yoga/pilates/gym/fitness club) A X A A A A Service uses A A(2) A A A A Retail sales requiring intensive outdoor display or storage areas, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment storage, sales or services X X X X X X Enclosed fabrication or assembly areas associated with and on the same property as an art studio, art gallery, restaurant, microbreweries/distilleries or food service establishment that also provides an on-site retail A A A A A A 9.1.b Packet Pg. 293 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Permitted Uses BD1 BD1 GFSF(1) BD2 BD3 BD4 BD5 outlet open to the public Automobile sales and service X X A A X X Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents C X A A A X Printing, publishing and binding establishments C X A A A C Public markets licensed pursuant to provisions in Chapter 4.90 ECC1 A A A A A A Outdoor dining meeting the criteria of Chapter 17.75 ECDC B B B B B B Residential Single-family dwelling A X A A A A Multiple dwelling unit(s) – see ECDC 16.43.030(B) for further location standards A X A A A A Other Uses Bus stop shelters A A A A A A Churches, subject to the requirements of ECDC 17.100.020 A A A A A A Primary and high schools, subject to the requirements of ECDC 17.100.050(G) through (R) A X A A A A 9.1.b Packet Pg. 294 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Permitted Uses BD1 BD1 GFSF(1) BD2 BD3 BD4 BD5 Local public facilities, subject to the requirements of ECDC 17.100.050 C C C C A C Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070 A A A A A A Off-street parking and loading areas to serve a permitted use B X B B B B Commuter parking lots in conjunction with a facility otherwise permitted in this zone B X B B B X Commercial parking lots C X C C C X Wholesale uses X X X C X X Hotels and motels A A A A A A Amusement establishments C C C C C C Auction businesses, excluding vehicle or livestock auctions C X C C C C Drive-in/through businesses (businesses with drive through facilities) X X C A C X Laboratories X X C C C X Fabrication of light industrial products not otherwise listed as a permitted use X X X C X X 9.1.b Packet Pg. 295 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Permitted Uses BD1 BD1 GFSF(1) BD2 BD3 BD4 BD5 Day care centers C X C C A C Hospitals, health clinics, convalescent homes, rest homes, sanitariums X X C C A X Medical uses, e.g., A X A A A A Physicians A X A A A A Dental A X A A A A Optometrist (without retail) A X A A A A Physical therapy (without retail) A X A A A A Counseling A X A A A A Other similar medical services A X A A A A Museums and art galleries of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 A A A A A A Zoos and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 C X C C C A Counseling centers and residential treatment facilities for current alcoholics and drug abusers X X C C A X Regional parks and community parks without a master plan subject to the requirements of ECDC C C C C C C 9.1.b Packet Pg. 296 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Permitted Uses BD1 BD1 GFSF(1) BD2 BD3 BD4 BD5 17.100.070 Outdoor storage, incidental to a permitted use D X D D D D Aircraft landings as regulated by Chapter 4.80 ECC X X D D D D A = Permitted primary use B = Permitted secondary use C = Primary uses requiring a conditional use permit D = Secondary uses requiring a conditional use permit X = Not permitted NOTES: 1 BD1 Zone GFSF = Ground Floor Designated Street Frontage (first 45 feet measured from public rights-of-way/sidewalk or parks/plazas) as defined under Edmonds Community Development Code Map 16.43-1: Designated Street Front for BD Zones. Buildings set back 15 feet or more from the sidewalk shall not be subject to the BD1 Zone GFSF requirements. 2 Services – by appointment uses not providing open door retail/dining/entertainment functions as a primary component of the business are not allowed within BD1 GFSF (first 45 feet). Open door businesses, e.g., real estate offices, banks (with tellers and no drive-throughs), nail and hair salons are allowed. For conditional uses listed in Table 16.43-1, the use may be permitted if the proposal meets the criteria for conditional uses found in Chapter 20.05 ECDC, and all of the following criteria are met: 1. Access and Parking. Pedestrian access shall be provided from the sidewalk. Vehicular access shall only be provided consistent with ECDC 18.80.060. When a curb cut is necessary, it shall be landscaped to be compatible with the pedestrian streetscape and shall be located and designed to be as unobtrusive as possible. 9.1.b Packet Pg. 297 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 2. Design and Landscaping. The project shall be designed so that it is oriented to the street and contributes to the pedestrian streetscape environment. Fences more than four feet in height along street lot lines shall only be permitted if they are at least 50 percent open, such as a lattice pattern. Blank walls shall be discouraged, and when unavoidable due to the nature of the use shall be decorated by a combination of at least two of the following: a. Architectural features or details; b. Artwork; c. Landscaping. B. Exception to the BD1 GSFS. The owner of a building in the BD1 zone may apply for an exception from the restrictions on offices and medical uses within the designated street front for leasable space meeting all of the following criteria: 1. The space is less than 500 square feet; 2. The space does not contain direct access to the street or sidewalk; 3. The previous use was a nonconforming use (e.g., not retail); and 4. The space has been vacant for a period of more than six months. [Ord. 4333 § 8 (Exh. A), 2023; Ord. 4314 § 43 (Exh. A), 2023; Ord. 4282 § 3 (Exh. B), 2022; Ord. 3955 § 1 (Att. A), 2014; Ord. 3932 § 6, 2013; Ord. 3918 § 1 (Att. 1), 2013; Ord. 3700 § 1, 2008]. 16.43.030 Site development standards. A. Table 16.43-2. 9.1.b Packet Pg. 298 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Sub District Minimum Lot Area Minimum Lot Width Minimum Street Setback Minimum Side Setback1 Minimum Rear Setback1 Maximum Height2 Minimum Height of Ground Floor within the Designated Street Front4 BD15 0 0 0 0 0 30' 15' BD25 0 0 0 0 0 30' 12' BD35 0 0 0 0 0 30' 12' BD43,5 0 0 0 0 0 30' 12' BD55 0 0 0 0 0 25' 12' 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. 2 Specific provisions regarding building heights are contained in ECDC 16.43.030(C). 3 Within the BD4 zone, site development standards listed in Table 16.43-2 apply when a building contains a ground floor consisting of commercial space to a depth of at least 45 feet measured from the street front of the building. If a proposed building does not meet this ground floor commercial space requirement (e.g., an entirely residential building is proposed), then the building setbacks listed for the RM-1.5 zone shall apply. See ECDC 16.43.030(B)(8) for further details. 4 “Minimum height of ground floor within the designated street-front” means the vertical distance from top to top of the successive finished floor surfaces for that portion of the ground floor located within the designated street front (see ECDC 16.43.030(B)); and, if the ground floor is the only floor above street grade, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. “Floor finish” is the exposed floor surface, including coverings applied over a finished floor, and includes, but is not limited to, wood, vinyl flooring, wall-to-wall carpet, and concrete, as illustrated in Figure 16.43-1. Figure Deleted Cells Deleted Cells Deleted Cells Deleted Cells 9.1.b Packet Pg. 299 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 16.43-1 shows an example of a ground floor height of 15 feet; note that the “finished” ceiling height is only approximately 11 feet in this example. 5 Site development standards for single-family dwellings are the same as those specified for the RS-6 zone. Map 16.43-1: Designated Street Front for BD Zones 9.1.b Packet Pg. 300 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Figure 16.43-1: Ground Floor Height Measurement 9.1.b Packet Pg. 301 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) B. Ground Floor. This section describes requirements for development of the ground floor of buildings in the BD zones. 1. For all BD zones, the ground floor is considered to be that floor of a building which is closest in elevation to the finished grade along the width of the side of the structure that is principally oriented to the designated street front of the building (this is normally the adjacent sidewalk). For the purposes of this section, the ground “floor” is considered to be the sum of the floor planes which, in combination, run the full extent of the building and are closest in elevation to one another. For the purposes of this chapter, the definition of “ground floor” contained in ECDC 21.35.017 does not apply. 2. Designated Street Front. Map 16.43-1 shows the streets that define the designated street front for all properties lying within the BD zones. The designated street front is defined as the 45 feet measured perpendicular to the street front of the building lot fronting on each of the mapped streets. 9.1.b Packet Pg. 302 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 3. Minimum Height of the Ground Floor within the Designated Street Front. The minimum height of the ground floor specified in Table 16.43-2 only applies to the height of the ground floor located within the designated street front established in subsection (B)(2) of this section. 4. Access to Commercial Uses within the Designated Street Front. When a commercial use is located on the ground floor within a designated street front as defined in subsection (B)(2) of this section, the elevation of the ground floor and associated entry shall be within seven inches of the grade level of the adjoining sidewalk. “Grade” shall be as measured at the entry location. Portions of the ground floor outside the designated street front of the building need not comply with the access requirements specified in this section. 5. When the designated street front of a building is on a slope which does not allow both the elevation of the entry and ground floor within the designated street front to be entirely within seven inches of the grade level of the sidewalk, as specified in subsection (B)(4) of this section, the portion of the ground floor of the building located within the designated street front maymust be designed so that either: a. The entry is located within seven inches of the grade of the adjacent sidewalk, and the commercial portion of the ground floor located within the designated street front is within seven inches of the grade level of the entry; or b. The building may beis broken up into multiple frontages, so that each entry/ground floor combination is within seven inches of the grade of the sidewalk. c. For corner lots, a primary entry shall be established for the purposes of determining where the ground floor entry rules detailed in this section shall apply. The first choice for the primary entry shall be either 5th Avenue or Main Street. In the case of the BD5 zone, the primary entry shall always be on 4th Avenue. 6. Within the BD1 zone, development on the ground floor shall consist of only commercial uses, except that parking may be located on the ground floor so long as it is not located within the designated street front. 7. Within the BD2 and BD3 zones, development on the ground floor shall consist of only commercial uses within the designated street front. Any permitted use may be located on the ground floor outside of the designated street front. 9.1.b Packet Pg. 303 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 8. Within the BD4 zone, there are two options for developing the ground floor of a building. One option is to develop the ground floor with commercial space, meeting the same requirements detailed for the BD2 and BD3 zones in subsection (B)(7) of this section. As a second option, if more residential space is provided so that the ground floor does not meet the commercial use requirements described in subsection (B)(7) of this section, then the building setbacks listed for the RM-1.5 zone shall apply. In the case where RM-1.5 setbacks are required, the required street setback shall be landscaped and no fence or wall in the setback shall be over four feet in height above sidewalk grade unless it is at least 50 percent open, such as in a lattice pattern. 9. Within the BD5 zone, one option is to develop the ground floor with commercial space, meeting the same requirements detailed for the BD2 zone in subsection (B)(7) of this section. When development of the ground floor does not conform to these requirements, then development within the BD5 zone shall meet the following requirements: a. The building shall be oriented to 4th Avenue. “Orientation to 4th Avenue” shall mean that: i. At least one building entry shall face 4th Avenue. ii. If the building is located adjacent to the public right-of-way, architectural details and/or applied art shall be incorporated into the building design to add interest at the pedestrian (i.e., ground floor) level. iii. If the building is set back from the street, landscaping and/or artwork shall be located between the building and the street front. b. Live/work uses are encouraged within the BD5 zone, and potential live/work space is required for new residential buildings if no other commercial use is provided on-site. i. If multiple residential uses are located on the ground floor, the building shall incorporate live/work space into the ground floor design in such a way as to enable building occupants to use portion(s) of their space for a commercial or art/fabrication use. “Live/work space” means a structure or portion of a structure that combines a commercial or manufacturing activity that is allowed in the zone with a residential living space for the owner of the commercial or manufacturing business, or the owner’s employee, and that person’s household. The live/work 9.1.b Packet Pg. 304 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) space shall be designed so that a commercial or fabrication or home occupation use can be established within the space. Figure 16.43-2: BD5 Development Building at right (foreground) shows landscaping located between building and street. Building at left (background) shows commercial space integrated with residential uses, and the entry oriented to the street. 10. Exceptions and Clarifications. The regulations for the ground floor contained in subsections (B)(1) through (9) of this section apply with the following exceptions or clarifications: a. That in all areas the provision of pedestrian access to permitted residential uses is allowed as a permitted secondary use. b. The restrictions on the location of residential uses shall not apply when a single-family use is the only permitted primary use located on the property. c. Existing buildings may be added onto or remodeled without adjusting the existing height of the ground floor to meet the specified minimum height, so long as the addition or remodel does not increase the building footprint or its frontage along a street by more than 25 percent. Permitted uses may occupy an existing space regardless of whether that space meets the ground floor requirements for height. 9.1.b Packet Pg. 305 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) d. Parking is not considered to be a commercial use for the purposes of satisfying the ground floor commercial use requirement within the designated street front (e.g., when the first 45 feet of a building are within a designated street front in the BD1 zone, parking mayshall not be located within that 45 feet). e. For properties within the BD2 or BD3 zone which have less than 90 feet of depth measured from the street front, parking may be located in the rearmost 45 feet of the property, even if a portion of the parking extends into the first 45 feet of the building. In no case shall the depth of commercial space as measured from the street front of the building be less than 30 feet. f. Within the BD2, BD3 and BD4 zones, if the first 45 feet of the building as measured perpendicular to the street consist only of commercial uses and permitted secondary uses, then permitted multiple-family residential unit(s) may be located behind the commercial uses. g. Recodified as ECDC 22.43.050(B)(4).16.43.035(2)(d). h. Within the BD1 zone, each commercial space located on the ground floor within the designated street front shall be directly accessible by an entry from the sidewalk. C. Building Height Regulations. 1. The basic height limit for each BD zone is described in Table 16.43-2 (see definition of “height” detailed in ECDC 21.40.030). 2. Within the BD5 zone, the maximum height may be increased to 30 feet if the building meets one of the following conditions. In addition, if the building is located within 15 feet of the public right-of-way, architectural details and/or applied art shall be incorporated into the building design, and the ground floor shall be distinguished from the upper portions of the building through the use of differences in materials, windows, and/or architectural forms. a. a. All portions of the building above 25 feet consist of a pitched roof such that the pitch of all portions of the roof is at least six-by-12 and the roof includes architectural features, such as dormers or gables of a steeper pitch, that break up the roof line into distinct segments. 9.1.b Packet Pg. 306 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) b. b. If the building does not make use of a pitched roof system as described in subsection (C)(2)(a) of this section, a building step-back shall be provided within 15 feet of any street front. Within the 15-foot step-back, the maximum building height is the lesser of 25 feet above grade at the property line (normally the back of the sidewalk) or 30 feet above the “average level” as defined in ECDC 21.40.030. For corner lots, a 15-foot step-back is required along both street fronts. If a building located on a corner lot has insufficient lot width (i.e., less than 40 feet of lot width) to enable it to provide the required step-back on both street fronts, then the step-back may be waived facing the secondary street. 3. Height Exceptions. In addition to the height exceptions listed in ECDC 21.40.030, the following architectural features are allowed to extend above the height limits specified in this chapter: a. A single decorative architectural element, such as a turret, tower, or clock tower, may extend a maximum of five feet above the specified height limit if it is designed as an integral architectural feature of the roof and/or facade of the building. The decorative architectural element shall not cover more than five percent of the roof area of the building. b. Roof or deck railings may extend a maximum of 42 inches above the specified height limit within any building step-back required under subsection (C)(2)(b) of this section; provided, that the railing is constructed so that it has the appearance of being transparent. An example meeting this condition would be a railing that is comprised of glass panels. D. Off-Street Parking and Access Requirements. The parking regulations included here apply specifically within the BD zone. Whenever there are conflicts between the requirements of this chapter and the provisions contained in Chapter 17.50 ECDC, Off-Street Parking Regulations, the provisions of this chapter shall apply. 1. Within the BD1 zone, no new curb cuts are permitted along 5th Avenue or Main Street. 2. No parking is required for any commercial floor area of permitted uses located within the BD1, BD2, BD4, and BD5 zones. E. Open Space Requirements. 9.1.b Packet Pg. 307 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 1. For buildings on lots larger than 12,000 square feet or having an overall building width of more than 120 feet (as measured parallel to the street lot line), at least five percent of the lot area shall be devoted to open space. Open space shall not be required for additions to existing buildings that do not increase the building footprint by more than 10 percent. Open space shall be provided adjacent to the street front (street lot line). Such open space maymust be provided as any combination of: a. Outdoor dining or seating areas (including outdoor seating or waiting areas for restaurants or food service establishments); b. Public plaza or sidewalk that is accessible to the public; c. Landscaping which includes a seating area that is accessible to the public. 2. Required open space shall be open to the air and not located under a building story. 3. In overall dimension, the width of required open space shall not be less than 75 percent of the depth of the open space, measured relative to the street (i.e., width is measured parallel to the street lot line, while depth is measured perpendicular to the street lot line). 9.1.b Packet Pg. 308 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) F. Historic Buildings. The exceptions contained in this section apply only to buildings listed on the Edmonds register of historic buildings. 1. If a certificate of appropriateness is issued by the Edmonds historic preservation commission under the provisions of Chapter 20.45 ECDC for the proposed project, the staff may modify or waive any of the requirements listed below that would otherwise apply to the expansion, remodeling, or restoration of the building. The decision of staff shall be processed as a Type II development project permit application (see Chapter 20.01 ECDC). a. Building step-backs required under subsection (C)(2)(b) of this section. b. Open space required under subsection (E) of this section. 2. No off-street parking is required for any permitted uses located within a building listed on the Edmonds register of historic buildings. Note that additional parking exceptions 9.1.b Packet Pg. 309 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) involving building expansion, remodeling or restoration may also apply, as detailed in ECDC 17.50.070(C). 3. Within the BD5 zone, if a building listed on the Edmonds register of historic buildings is retained on-site, no off-street parking is required for any additional buildings or uses located on the same property. To obtain this benefit, an easement in a form acceptable to the city shall be recorded with Snohomish County protecting the exterior of the historic building and ensuring that the historic building is maintained in its historic form and appearance so long as the additional building(s) obtaining the parking benefit exist on the property. The easement shall continue even if the property is subsequently subdivided or any interest in the property is sold. G. Density. There is no maximum density for permitted multiple dwelling units. H. Screening. The required setback from R-zoned property shall be landscaped with trees and ground cover and permanently maintained by the owner of the BD lot. A six-foot minimum height fence, wall or solid hedge shall be provided at some point in the setback, except for that portion of the BD zone that is in residential use. I. Signs, Parking and Design Review. See Chapters 17.50, 20.10, and 20.60 ECDC. Sign standards shall be the same as those that apply within the BC zone. J. Satellite Television Antennas. In accordance with the limitations established by the Federal Communications Commission, satellite television antennas greater than two meters in diameter shall be reviewed in accordance with the provisions of ECDC 16.20.060. [Ord. 4282 § 2 (Exh. A), 2022; Ord. 4140 § 1, 2019; Ord. 3918 § 1 (Att. 1), 2013; Ord. 3865 § 1, 2011; Ord. 3736 § 10, 2009; Ord. 3700 § 1, 2008]. 16.43.035 Design standards – BD zones. A. Applicability. DesignThe design standards for in this chapter apply to all development within the BDBD1, BD2, BD3, and BD4 downtown zones are contained in Chapter 22.43 ECDC., except for multifamily buildings in the BD4 zone. [Ord. 3918 § 12 (Att. 12), 2013; Ord. 3700 § 13697 § 2, 2008]. 9.1.b Packet Pg. 310 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) B. Massing and articulation. 1. Intent. To reduce the massiveness and bulk of large box-like buildings, and articulate the building form to a pedestrian scale. 2. Standards. a. 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 highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line. Buildings must convey a distinct base and top. 9.1.b Packet Pg. 311 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) The base can be emphasized by different material(s). b. Building facades shall respect and echo historic patterns. Where a single building exceeds the historic building width pattern, use a change in design features (such as a combination of materials, windows or decorative details) to suggest the traditional building widths. [Ord. 3918 § 2 (Att. 2), 2013; Ord. 3697 § 2, 2008]. C. Orientation to street. 1. Intent. To reinforce pedestrian activity and orientation and enhance the liveliness of the street through building design. 2. Standards. a. Building frontages shall be primarily oriented to the adjacent street, rather than to a parking lot or alley. b. Entrances to buildings in the BD1, BD2 and BD4 zones shall be visible from the street and accessible from the adjacent sidewalk. c. Entrances shall be given a visually distinct architectural expression by one or more of the following elements: i. Higher bay(s); ii. Recessed entry (recessed at least three feet); 9.1.b Packet Pg. 312 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) iii. Forecourt and entrance plaza. Buildings shall be oriented to the street. Entrances shall be given visually distinct expression. [Ord. 3918 § 2 (Att. 2), 2013; Ord. 3697 § 2, 2008]. D. Ground level details. 9.1.b Packet Pg. 313 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 1. Intent. To reinforce the character of the streetscape by encouraging the greatest amount of visual interest along the ground level of buildings facing pedestrian streets. 2. Standards. a. Ground-floor, street-facing facades of commercial and mixed-use buildings shall incorporate at least five of the following elements: i. Lighting or hanging baskets supported by ornamental brackets; ii. Medallions; 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. jAn element not listed here, as approved, that meets the intent. b. Ground floor commercial space is intended to be accessible and at grade with the sidewalk, as provided for in ECDC 16.43.030. 9.1.b Packet Pg. 314 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Ground floor details encourage visual interest along the ground level of buildings facing pedestrian streets. [Ord. 3918 § 2 (Att. 2), 2013; Ord. 3697 § 2, 2008]. E. Awnings/canopies and signage 1. Intent. 9.1.b Packet Pg. 315 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) a. To integrate signage and weather protection with building design to enhance business visibility and the public streetscape. b. To provide clear signage to identify each business or property, and to improve way-finding for visitors. c. To protect the streetscape from becoming cluttered, and to minimize distraction from overuse of advertisement elements. 2. Standards. a. Weather protection is required along pedestrian street fronts. Structural canopies are preferred. If a canopy is not provided, then an awning shall be provided which is attached to the building using a metal or other framework. b. Awnings and canopies shall be open-sided to enhance visibility of business signage. Front valances are allowed. Signage is allowed on valances, but not on valance returns. c. Marquee, box, or convex awning or canopy shapes are not allowed. d. Retractable awnings are encouraged. e. Awnings or canopies shall be located within the building elements that frame storefronts, and shall not conceal important architectural details. Awnings or canopies shall be hung just below a clerestory or transom window, if it exists. f. Awnings or canopies on a multiple-storefront building shall be consistent in character, scale and position, but need not be identical. 9.1.b Packet Pg. 316 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Open-sided nonstructural awning with front valance. Open-sided structural canopy. g. Nonstructural awnings shall be constructed using canvas or fire-resistant acrylic materials. Shiny, high-gloss materials are not appropriate; therefore, vinyl or plastic awning materials are not allowed. h. Signage shall be designed to integrate with the building and street front. Combinations of sign types are encouraged, which result in a coordinated design while minimizing the size of individual signs. i. Blade or projecting signs which include decorative frames, brackets or other design elements are preferred. Projecting signs (including blade signs) of four square feet or less are allowed and are not counted when calculating the amount of signage allowed for a business in Chapter 20.60 ECDC. This type of detail can be used to satisfy one of the required elements under ECDC 16.43.030(B). j. Use graphics or symbols to reduce the need to have large expanses of lettering. 9.1.b Packet Pg. 317 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) k. Instead of broadly lighting the face of the sign, signage shall be indirectly lit, or backlit to only display lettering and symbols or graphic design. l. Signage shall be given special consideration when it is consistent with or contributes to the historic character of sites on the National Register, the Edmonds Register of Historic Places, or on a city council-approved historic survey. m. Signage shall include decorative frames, brackets or other design elements. An historic sign may be used to meet this standard. Retractable and open-sided awnings allow signage to be visible. Examples of projecting signs using decorative frames and design elements. Awning or canopy shapes: 9.1.b Packet Pg. 318 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) [Ord. 3918 § 2 (Att. 2), 2013; Ord. 3697 § 2, 2008]. F. Transparency at street level. 1. Intent. To provide visual connection between activities inside and outside the building. 2. Standards. a. The ground level facades of buildings that face a designated street front shall have transparent windows covering a minimum of 75 percent of the building facade that lies between an average of two feet and 10 feet above grade. b. To qualify as transparent, windows shall not be mirrored or darkly tinted glass, or prohibit visibility between the street and interior. c. Where transparency is not required, the facade shall comply with the standards under ECDC 16.43.060. 9.1.b Packet Pg. 319 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Ground level facades of buildings must have transparent windows between two to 10 feet above grade. Windows shall provide a visual connection between activities inside and outside the building, and therefore must not be mirrored or use darkly tinted glass. d. Within the BD1 zone, ground floor windows parallel to street lot lines shall be transparent and unobstructed by curtains, blinds, or other window coverings intended to obscure the interior from public view from the sidewalk.* [Ord. 3918 § 2 (Att. 2), 2013; Ord. 3697 § 2, 2008]. * Code reviser’s note: Subsection (2)(d) of this section was formerly codified as ECDC 16.43.030(B)(10)(g). G. Treatment of blank walls. 9.1.b Packet Pg. 320 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 1. Intent. To ensure that buildings do not display blank, unattractive walls to the abutting street. 2. Standards. a. Walls or portions of walls on abutting streets or visible from residential areas where windows are not provided shall have architectural treatment (see standards under ECDC 16.43.050). At least five of the following elements shall be incorporated into any ground floor, street-facing facade: i. Masonry (except for flat, nondecorative concrete block); ii. Concrete or masonry plinth at the base of the wall; iii. Belt courses of a different texture and color; iv. Projecting cornice; v. Decorative tile work; vi. Medallions; vii. Opaque or translucent glass; viii. Artwork or wall graphics; ix. Lighting fixtures; x. Green walls; xi. An architectural element not listed above, as approved, that meets the intent. 9.1.b Packet Pg. 321 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) b. Buildings shall not display blank, unattractive walls to the abutting street. [Ord. 3918 § 2 (Att. 2), 2013; Ord. 3697 § 2, 2008]. H. Building HVAC equipment 1. Intent. To ensure that HVAC equipment, elevators, and other building utility features are designed to be a part of the overall building design and do not detract from the streetscape. 2. Standards. a. Rooftop HVAC equipment, elevators and other rooftop features shall be designed to fit in with the materials and colors of the overall building design. These features shall be located away from the building edges to avoid their 9.1.b Packet Pg. 322 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) being seen from the street below. If these features can be seen from the adjoining street, building design shall use screening, decoration, plantings (e.g., rooftop gardens), or other techniques to integrate these features with the design of the building. b. When HVAC equipment is placed at ground level, it shall be integrated into building design and/or use screening techniques to avoid both visual and noise impacts on adjoining properties. Rooftop equipment must be screened from view. [Ord. 3918 § 2 (Att. 2), 2013; Ord. 3697 § 2, 2008]. I. Additional design standards for stand-alone multiple dwelling buildings in the BD2 zone. 1. Intent. To ensure that buildings entirely comprised of multiple dwelling units are compatible with the downtown area. 2. Materials. Building facades must be clad with preferred building materials which include natural stone, wood, architectural metal, brick and glass. Alternative materials may be allowed by the director or architectural design board if they contribute to a cohesive design theme for the building. 3. Private Amenity Space. An exterior area equivalent to at least 10 percent of the project’s gross lot area must be provided as private amenity space for residents of the development. This standard can be met through a combination of balconies 9.1.b Packet Pg. 323 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) (cantilevered, recessed or semirecessed), decks, patios or yards for individual dwelling units or the site as a whole. a. Not all dwelling units are required to have private amenity space. When it is provided, it must be immediately accessible from the dwelling unit and be a minimum of 40 square feet. b. If the space is at ground level facing a street, no fence shall be over three feet in height. c. Balconies may encroach into a required setback adjacent to R-zoned property up to a maximum of six feet. Patios and decks may encroach into a required setback adjacent to R-zoned property up to a maximum of 10 feet. 4. Roof Treatment and Modulation. In order to provide the appearance of a well-modulated roof, three types of roof modulation are required and can include differing heights, projections, slopes, materials, step downs, step setbacks, or a similar expression. 5. Street-Side Amenity Space or Pedestrian Area. An exterior area equivalent to at least five percent of the project’s gross lot area must be provided as street-side amenity space or pedestrian area. This space must be arranged along the street front between the building and the sidewalk and must be open to the sky, unless otherwise excepted. The space must be pedestrian-oriented and shall include the following elements: a. Landscaping; b. Seating area; c. A similar feature as approved by the director or architectural design board; d. Areas allocated to private amenity space cannot be used toward the street-side amenity space or pedestrian area requirement. [Ord. 4276 § 1 (Exh. A), 2022]. 9.1.b Packet Pg. 324 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 16.43.040 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except: 1. Public uses such as utilities and parks; 2. Off-street parking and loading areas, and commercial parking lots; 3. Drive-in businesses; 4. Plant nurseries; 5. Public markets; provided, that when located next to a single-family residential zone, the market shall be entirely within a completely enclosed building; 6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC; 7. Bistro and outdoor dining meeting the criteria of ECDC 17.70.040; 8. Outdoor dining meeting the criteria of Chapter 17.75 ECDC; 9. Motorized and nonmotorized mobile vending units meeting the criteria of Chapter 4.12 ECC. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Property Performance Standards. C. Interim Use Status – Public Markets. 1. Unless a public market is identified on a business license as a year-round market within the city of Edmonds, a premises licensed as a public market shall be considered a temporary use. As a temporary use, the city council finds that any signs or structures used in accordance with the market do not require design review. When a location is utilized for a business use in addition to a public market, the public market use shall not decrease the required available parking for the other business use below the standards established by Chapter 17.50 ECDC. [Ord. 3932 § 7, 2013; Ord. 3918 § 1 (Att. 1), 2013; Ord. 3902 § 1, 2012; Ord. 3700 § 1, 2008]. 9.1.b Packet Pg. 325 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Disclaimer: The city clerk’s office has the official version of the Edmonds Community Development Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 9.1.b Packet Pg. 326 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Chapter 16.50 BC – COMMUNITY BUSINESS Sections: 16.50.000 BC and BC – Edmonds Way. 16.50.005 Purposes. 16.50.010 Uses. 16.50.020 Site development standards. 16.50.030 Operating restrictions. 16.50.040 Green building incentives. 16.50.000 BC and BC – Edmonds Way. This chapter establishes two distinct zoning categories, BC and BC – Edmonds Way. [Ord. 3943 § 1 (Exh. 1), 2013; Ord. 3627 § 2, 2007]. 16.50.005 Purposes. The BC and BC – Edmonds Way zones have the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC: A. To reserve areas for those retail stores, offices, service establishments and amusement establishments which offer goods and services to the entire community; B. To ensure compact, convenient development patterns by allowing uses that are operated chiefly within buildings; C. To allow for mixed-use development which includes multiple dwelling unit(s) that support business uses; D. To implement the policies of Edmonds’ comprehensive plan for the Edmonds Way Corridor; 9.1.b Packet Pg. 327 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) E. To meet the goals of the Growth Management Act and the city of Edmonds’ comprehensive plan for housing diversity and economic vitality. [Ord. 3943 § 1 (Exh. 1), 2013; Ord. 3627 § 2, 2007; Ord. 3147 § 1, 1997. Formerly 16.50.000]. 16.50.010 Uses. A. Permitted Primary Uses. 1. Single-family dwellings, as regulated in RS-6 zone; 2. Retail stores, restaurants, offices and service uses, excluding intense uses, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment sales and services; 3. New automobile sales and service; 4. Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents; 5. Printing, publishing and binding establishments; 6. Bus stop shelters; 7. Community-oriented open air markets conducted as an outdoor operation and licensed pursuant to provisions in the Edmonds City Code; 8. Multiple Dwelling Unit(s). This use may not be located on the ground floor of a structure, except as provided in ECDC 16.50.020(B); 9. Churches, subject to the requirements of ECDC 17.100.020; 10. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R); 11. Local public facilities subject to the requirements of ECDC 17.100.050; 12. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070. 9.1.b Packet Pg. 328 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) B. Permitted Secondary Uses. 1. Limited assembly, repair or fabrication of goods incidental to a permitted or conditional use; 2. Off-street parking and loading areas to serve a permitted or conditional use; 3. Commuter parking lots in conjunction with a facility meeting the criteria listed under subsections (C)(11) through (14) of this section, except that the facility may also be located along a designated transit route in addition to an arterial or collector street; 4. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. C. Primary Uses Requiring a Conditional Use Permit. 1. Commercial parking lots; 2. Wholesale uses; 3. Hotels and motels; 4. Amusement establishments; 5. Auction businesses, excluding vehicle or livestock auctions; 6. Drive-in businesses; 7. Laboratories; 8. Fabrication of light industrial products; 9. Convenience stores; 10. Day care centers and preschools; 11. Hospitals, convalescent homes, rest homes, and sanitariums; 12. Museums, art galleries, zoos, and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033; 13. Counseling centers and residential treatment facilities for current alcoholics and drug abusers; 9.1.b Packet Pg. 329 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 14. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. D. Secondary Uses Requiring a Conditional Use Permit. 1. Outdoor storage, incidental to a permitted or conditional use; 2. Aircraft landings as regulated by Chapter 4.80 ECC. [Ord. 4333 § 10 (Exh. A), 2023; Ord. 4314 § 45 (Exh. A), 2023; Ord. 3943 § 1 (Exh. 1), 2013; Ord. 3932 § 4, 2013; Ord. 3627 § 2, 2007; Ord. 3353 § 4, 2001; Ord. 3269 § 2*, 1999; Ord. 3147 § 1, 1997]. * Code reviser’s note: Ord. 3269 expired August 13, 2000. For provisions on the outdoor display of merchandise, see Chapter 17.65 ECDC. 16.50.020 Site development standards. A. Table. Minimum Lot Area Minimum Lot Width Minimum Street Setback Minimum Side Setback Minimum Rear Setback Maximum Height Maximum Floor Area BC None None None None1 None1 25'2 3 sq. ft. per sq. ft. of lot area BC – Edmonds Way None None 10' None1 None1 25'3 3 sq. ft. per sq. ft. of lot 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. 9.1.b Packet Pg. 330 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 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; 9.1.b Packet Pg. 331 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) (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 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. 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. 1. a. DIntent. To reduce the massiveness and bulk of large box-like buildings, and articulate the building form to a pedestrian scale. a. 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. 9.1.b Packet Pg. 332 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) The top edge is highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line. 2. Ground Level Details. 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. a. b. Standards. Ground-floor, street-facing facades of commercial and mixed-use buildings shall incorporate at least five of the following elements: i. i. Lighting or hanging baskets supported by ornamental brackets; i. ii. Medallions; i. iii. Belt courses; i. iv. Plinths for columns; i. v. Bulkhead for storefront window; i. vi. Projecting sills; i. vii. Tile work; i. viii. Transom or clerestory windows; i. 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. i. Masonry (except for flat, nondecorative concrete block); 9.1.b Packet Pg. 333 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) i. ii. Concrete or masonry plinth at the base of the wall; i. iii. Belt courses of a different texture and color; iv. Projecting cornice; i. v. Decorative tile work; i. vi. Medallions; i. vii. Opaque or translucent glass; i. viii. Artwork or wall graphics; i. ix. Lighting fixtures; i. x. Green walls; i. 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 16.20.060. [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]. 16.50.030 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except: 1. Public utilities and parks; 2. Off-street parking and loading areas, and commercial parking lots; 3. Drive-in businesses; 4. Plant nurseries; 9.1.b Packet Pg. 334 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 5. Seasonal farmers’ markets; 6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Property Performance Standards. [Ord. 3943 § 1 (Exh. 1), 2013; Ord. 3932 § 5, 2013; Ord. 3902 § 3, 2012; Ord. 3627 § 2, 2007; Ord. 3320 § 3, 2000; Ord. 3147 § 1, 1997]. 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 Design™ (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. 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 ECDC 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). 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 ECDC. Electric vehicle parking standards of Chapter 17.115 ECDC remain calculated off standard parking requirements. E. Enforcement. Development granted these incentives but then unable to achieve the requirements is subject to the enforcement measures of ECDC 19.00.050. F. Permit Review. Green buildings are eligible to receive expedited plan review, as established by ECDC 19.00.050. [Ord. 4375 § 3, 2024]. 9.1.b Packet Pg. 335 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Disclaimer: The city clerk’s office has the official version of the Edmonds Community Development Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 9.1.b Packet Pg. 336 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Chapter 16.77 OR – OFFICE-RESIDENTIAL Sections: 16.77.000 Purposes. 16.77.010 Uses. 16.77.020 Site development standards. 16.77.000 Purposes. A. The office-residential (OR) zone is intended to be applied to areas designated in the comprehensive plan for “planned residential-office” development on the west side of Sunset Avenue south of Bell Street. B. This area is appropriate for development which provides for a mix of small-scale office and residential uses which provide a transition between the more intensive commercial uses along Main Street and the residential uses along Sunset Avenue. Because the area of this designation is located adjacent to commercial development to the south, the railroad to the west, and is near both multiple-family and single-family residential development, this area should act as a transition between these uses. C. To restrict commercial and multiple residential uses in scale and intensity so as to reduce noise, parking and traffic impacts on the adjacent residential neighborhood. D. The height and setback limits established for this zone have been adopted after full consideration of the topographical constraints of sites within the zone. Variances are not available under current city code provisions in order to make more profitable use of a property. In adopting these provisions, the city council has specifically provided for, and made allowances for, the site constraints and topographical features inherent in development of the designated OR sites. Therefore, no other height variance would typically be available absent a special showing of constraints unanticipated on the date of adoption of the ordinance codified in this chapter. [Ord. 3619 § 1, 2006]. 9.1.b Packet Pg. 337 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 16.77.010 Uses. A. Permitted Primary Uses. Any combination of the following uses is permitted: 1. Single-family dwellings. 2. Office uses. 3. Multiple dwelling unit(s). 4. 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. Off-street parking and loading areas to serve a permitted or conditional use. 2. All permitted secondary uses allowed in the RS – Single Family Residential zone, as listed in ECDC 16.20.010(B). C. Primary Uses Requiring a Conditional Use Permit. 1. Local public facilities subject to the requirements of ECDC 17.100.050. [Ord. 3619 § 1, 2006]. 16.77.020 Site development standards. A. Table. Subdistrict Minimum Lot Area Minimum Street Setback1 Minimum Side Setback Minimum Rear Setback Maximum Height Maximum Coverage OR None 15' 5' None 25' No maximum 1 The minimum street setback of 15 feet applies to a building which is no wider than 110 feet. For any part of a building that exceeds 110 feet in width, an additional setback of 15 feet shall apply so that no more than 110 feet of building width is closer than 30 feet to the street lot line. For the purposes of this section, “building 9.1.b Packet Pg. 338 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) width” shall be the total horizontal dimension of that portion of the building facing the street measured parallel to the street. B. Parking Requirements. See Chapter 17.50 ECDC for specific parking requirements for allowed uses. No parking spaces may be located within the street or side setbacks. C. Signs, Landscaping and Design Review. See Chapters 20.10, 20.12 and 20.60 ECDC for regulations on design review and signage. Signage shall be regulated as in an RM zone. Signage for office uses shall be regulated as in a BN zone, except that no freestanding signs shall be permitted. D. Satellite Television Antennas. Satellite television antennas shall be regulated as set forth in ECDC 16.20.060. E. Setback Encroachments. Eaves and chimneys may project into a required setback not more than 30 inches. 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 the ground level at any point. [Ord. 3619 § 1, 2006]. The Edmonds Community Development Code is current through Ordinance 43794375, passed January 14, 2025December 10, 2024. Disclaimer: The city clerk’s office has the official version of the Edmonds Community Development Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 9.1.b Packet Pg. 339 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 19.00.030 Architectural design review – Optional vesting. In addition to the vesting rights created by RCW 19.27.095 and ECDC 19.00.015, an applicant for development as defined in ECDC 20.10.010 review may, at the applicant’s option, file a fully complete augmented architectural design review application (hereinafter “augmented design review application”) and vest rights including applicable building permit, development and impact fees under the provisions of the ECDC and the State Building Code as adopted and amended by the city of Edmonds, and this title as then in effect, to, but only to, the extent that the application provides full and detailed information necessary to confirm the particular regulation to be vested. The burden is on the applicant to provide such detail. A. A fully complete, augmented application for architectural design review shall consist of a complete application for architectural design review, executed by each and every property owner of record of the development site or their duly authorized agent(s), accompanied by the following: 1. All fees required by ordinance, including impact mitigation fees, to be deposited at the time such State Environmental Policy Act (SEPA) requirements become final. 2. A site plan showing the current zoning of the development site, the footprint of all proposed structures, the total square footage and use of each floor, all setbacks required by either the zoning code or state building codes, proposed parking configurations, and exits. 3. Elevation drawings showing the original grade of the site, any proposed alterations to grade, the proposed height of the structure and the number of stories. 4. A letter executed by all owners of record or their duly authorized agent(s) detailing the proposed use in sufficient detail to determine whether the proposed use complies with the zoning code then in effect and with the building code then in effect to determine type of construction and occupancy classifications of the IBC and IFC as those codes are then in effect. 5. A building permit application, as described in IBC Section 105.3 as the same exists or is hereafter amended, and all building permit and plan review fees as established and set forth in Chapter 19.70 ECDC; provided, that the plans required by IBC Section 107, as the 9.1.b Packet Pg. 340 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) same exists or is hereafter amended, and other engineering documents, plans or drawings required by ECDC Title 18 may be submitted within 90 days of final approval, or final approval on appeal. B. Upon filing of the augmented design review application, the applicant shall be deemed fully vested as if a fully complete building permit application had been filed; provided: 1. The burden shall be upon the applicant to supply all material required by the provisions of this section and as necessary to meet the requirements of Chapter 20.10 ECDC. The applicant may supplement the original application in the event an application is deemed incomplete by the planning and development director or designee. Vesting shall occur only when the application is deemed complete by the planning and development director. Failure to supplement an incomplete application within 90 days of final design review approval shall result in forfeiture of all fees paid and no vesting right shall attach. 2. The application shall expire along with all rights vested six months following the date of application if final architectural design approval is not received. a. The planning and development director or designee may issue an extension for an additional period, not exceeding 180 days, upon written request by the applicant(s) or their agent(s). Such request for extension shall be filed prior to the expiration of the original application time period. An extension shall be granted if the design review application has not yet been considered or an appeal thereof is pending. b. The time period shall run concurrently with the periods established by ECDC 19.00.025 as the same exists or is hereafter amended. No application shall be extended more than once. In the event of application expiration, the applicant shall resubmit all required information and pay a new plan review fee. 3. The applicant shall comply with all provisions of state law and regulation and this code regarding SEPA review. Review periods or delays occasioned by SEPA shall stay the time periods set by this chapter. 4. Following final design review approval, the applicant shall file the plans and information required by IBC Section 107. It is anticipated that minor adjustments and changes are usually required to the plans submitted as a result of the plan review and administrative 9.1.b Packet Pg. 341 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) process. The following changes shall not be considered “minor” and shall forfeit vesting rights, and shall require the filing of a new application: a. Any substantial change not required by the terms of design review approval. b. Any increase in height or total square footage or any change which would change the occupancy classification for the purposes of the State Building Code. 5. Any decision of the city staff regarding the application stated in this section and its interpretation shall be considered a Type I decision appealable only to the superior court of Snohomish County by the Land Use Petition Act. C. The rights vested by ECDC 19.00.025(I) (Section 105.3.3 of IBC as amended) and this section refer only to zoning and building code rights protected by RCW 19.27.095. D. These sections shall not be interpreted to create vesting rights not protected by RCW 19.27.095 and shall not be interpreted as a further limitation on the administrative obligations and legislative powers of the city. By way of illustration and not limitation, this chapter does not limit: 1. The city council’s authority to create local improvement districts. 2. The city council’s authority to legislate life safety requirements that are not required to recognize existing vested rights. 3. Environmental and shorelines review and mitigation procedures. [Ord. 4350 § 1 (Att. A), 2024; Ord. 4299 § 33 (Exh. A), 2023; Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 1, 2010]. The Edmonds Community Development Code is current through Ordinance 4375, passed December 10, 2024. Disclaimer: The city clerk’s office has the official version of the Edmonds Community Development Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. 9.1.b Packet Pg. 342 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) City Website: www.edmondswa.gov Hosted by General Code. Disclaimer: The city clerk’s office has the official version of the Edmonds Community Development Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 9.1.b Packet Pg. 343 At t a c h m e n t : A t t a c h m e n t 2 - D e s i g n R e v i e w D r a f t C o d e _ R e d l i n e ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Title 20 REVIEW CRITERIA AND PROCEDURES Chapters: 20.00 Changes to the Comprehensive Plan 20.01 Types of Development Project Permits 20.02 Development Project Permit Applications 20.03 Public Notice Requirements 20.04 Consistency with Development Regulations and SEPA 20.04A Expired 20.05 Conditional Use Permits 20.06 Public Hearings and Appeals 20.07 Repealed 20.08 Development Agreements 20.10 Design Review 20.13 Landscaping Requirements 20.15A Environmental Review (SEPA) 20.15B Repealed 20.16 Essential Public Facilities 20.18 Group Homes 20.19 Home Day Care 20.20 Home Occupations 20.21 Repealed 20.23 Bed and Breakfasts 20.25 Housing for the Low Income Elderly 20.30 Joint Use of Parking 20.35 Planned Residential Development (PRD) 20.40 Rezones 20.45 Edmonds Register of Historic Places 20.50 Wireless Communication Facilities 20.55 Repealed 20.60 Sign Code 20.65 Street Map Changes 9.1.c Packet Pg. 344 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 20.70 Street Vacations 20.75 Subdivisions 20.80 Text and Map Changes 20.85 Variances 20.90 Repealed 20.91 Repealed 20.95 Repealed 20.100 Miscellaneous Review 20.105 Repealed 20.110 Civil Violation – Enforcement Procedure 9.1.c Packet Pg. 345 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Chapter 20.01 TYPES OF DEVELOPMENT PROJECT PERMITS Sections: 20.01.000 Purpose and general provisions. 20.01.001 Types of actions. 20.01.002 Determination of proper procedure type. 20.01.003 Permit type and decision framework. 20.01.006 Legislative enactments not restricted. 20.01.007 Exempt projects. 20.01.000 Purpose and general provisions. A. The purpose of this chapter is to establish standard procedures, decision criteria, public notification, and timing for development project permit application decisions made by the city of Edmonds. These procedures are intended to: 1. Promote timely and informed public participation; 2. Eliminate redundancy in the application, permit review, and appeals processes; 3. Process permits equitably and expediently; 4. Balance the needs of permit applicants with neighbors; 5. Ensure that decisions are made consistently and predictably; and 6. Result in development that furthers city goals as set forth in the comprehensive plan. These procedures provide for an integrated and consolidated land use permit process. The procedures integrate the environmental review process with land use procedures, decisions, and consolidated appeal processes. B. The provisions of this title supersede all other procedural requirements that may exist in other sections of the city code. When interpreting and applying the standards of this title, its provisions shall be the minimum requirements. Where conflicts occur within provisions of this 9.1.c Packet Pg. 346 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) title and/or between this title and other city code provisions and regulations, the more restrictive provisions shall apply. Where conflict between the text of this title and the zoning map ensue, the text of this title shall prevail. C. Unless otherwise specified, all references to days shall be calendar days. Whenever the last day of a deadline falls on a Saturday, Sunday, legal holiday designated by RCW 1.16.050 or by a city ordinance, or any day when City Hall or the city’s planning and development department is closed to the public by formal executive or legislative action, the deadline shall run until the next day that is not a Saturday, Sunday, or holiday or closed day. [Ord. 4371 § 1 (Exh. A), 2024; Ord. 4299 § 37 (Exh. A), 2023; Ord. 4154 § 1 (Att. A), 2019; Ord. 3817 § 1, 2010]. 20.01.001 Types of actions. There are five main types of actions (or permits) that are reviewed under the provisions of this chapter. The types of actions are based on who makes the decision, the amount of discretion exercised by the decision making body, the level of impact associated with the decision, the amount and type of public input sought, and the type of appeal opportunity. A. Administrative Decisions. Type I and II decisions are administrative decisions made by the planning and development director or his/her designee (hereinafter the “director”). Type I permits are ministerial decisions and are based on compliance with specific, nondiscretionary and/or technical standards that are clearly enumerated. Type II permits are administrative decisions where the director makes a decision based on standards and clearly identified criteria, but where public notice is required. Unless otherwise provided, appeals of Type II decisions shall be initiated as set forth in ECDC 20.06.030. B. Quasi-Judicial Decisions. Type III, Type IV and appeal of Type II decisions are quasi-judicial decisions that involve the use of discretionary judgment in the review of each specific application. Quasi-judicial decisions are made by the hearing examiner, the architectural design board, and/or the city council. C. Legislative Decisions. Type V actions are legislative decisions made by the city council under its authority to establish policies and regulations regarding future private and public developments, and management of public lands. 9.1.c Packet Pg. 347 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 1. Planning Board. The planning board shall hold a public hearing and make recommendations to the city council on Type V actions, except that the city council may hold a public hearing itself on area-wide rezones to implement city policies, or amendments to zoning code text, development regulations or the zoning map. The public hearing shall be held in accordance with the requirements of Chapter 20.06 ECDC, RCW 36.70A.035 and all other applicable law. 2. City Council. The city council may consider the planning board’s recommendation in a public hearing held in accordance with the requirements of Chapter 20.06 ECDC and RCW 36.70A.035 and all other applicable law. If the city council desires to hold a public hearing on area-wide rezones to implement city policies, or amendments to zoning code text, development regulations or the zoning map, it may do so without forwarding the proposed decision to the planning board for a hearing. 3. Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in Chapter 20.03 ECDC. 4. Implementation. City council Type V decision shall be by ordinance or resolution and shall become effective on the effective date of the ordinance or resolution. [Ord. 4371 § 1 (Exh. A), 2024; Ord. 4299 § 38 (Exh. A), 2023; Ord. 4154 § 1 (Att. A), 2019; Ord. 3817 § 1, 2010]. 20.01.002 Determination of proper procedure type. A. Determination by Director. The director shall determine the proper procedure for all project applications. Questions concerning the appropriate procedure shall be resolved in favor of the higher numbered procedure. B. Optional Consolidated Permit Processing. An application that involves two or more procedures may be processed collectively under the highest numbered procedure required for any part of the application or may be processed individually under each of the application procedures identified in ECDC 20.01.003. The applicant may determine whether the application will be processed collectively or individually. If the applications are processed individually, the highest numbered type procedure shall be undertaken first, followed by the other procedures in sequence from the highest numbered to the lowest. When Type III-A and Type III-B permits are consolidated under this subsection, the project shall proceed under the Type III-A permit 9.1.c Packet Pg. 348 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) process. When two or more permits are consolidated under this subsection, the permit timelines for decisions on individual permits in ECDC 20.01.003(B) do not apply. C. Decisionmaker(s). Applications processed in accordance with subsection (B) of this section which have the same procedure number, but are assigned to different hearing bodies, shall be heard collectively by the highest decisionmaker; the city council being the highest body, followed by the hearing examiner, architectural design board or planning board, as applicable, and then the director. Joint public hearings with other agencies shall be processed according to ECDC 20.06.010. Concurrent public hearings held with the architectural design board and any other decisionmaker shall proceed with both decisionmakers present. [Ord. 4371 § 1 (Exh. A), 2024; Ord. 4154 § 1 (Att. A), 2019; Ord. 3817 § 1, 2010; Ord. 3736 § 4 (Exh. A), 2009]. 20.01.003 Permit type and decision framework. A. Permit Types. TYPE I TYPE II-A TYPE II-B TYPE III-A TYPE III-B TYPE IV TYPE V Zoning compliance letter Contingent critical area review Essential public facilities Site specific rezone Lot line adjustment Formal interpretation of the text of the ECDC by the director Shoreline substantial development permit, where public hearing not required per ECDC 24.80.100 Technological impracticality waiver for amateur radio antennas Development agreements Zoning text amendment; area-wide zoning map amendments Critical area determinations SEPA determinations Critical area variance Comprehensive plan 9.1.c Packet Pg. 349 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) TYPE I TYPE II-A TYPE II-B TYPE III-A TYPE III-B TYPE IV TYPE V amendments Shoreline exemptions Preliminary short plat Contingent critical area review if public hearing requested Conditional use permits (where public hearing by hearing examiner is required) Annexations Minor amendments to planned residential development Land clearing/grading Shoreline substantial development permit, where public hearing is required per ECDC 24.80.100 Variances Development regulations Minor preliminary plat amendment Revisions to shoreline management permits Shoreline conditional use Administrative design review, including signs Administrative variances Shoreline variance Final short plat Land use Design 9.1.c Packet Pg. 350 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) TYPE I TYPE II-A TYPE II-B TYPE III-A TYPE III-B TYPE IV TYPE V permit extension requests review (where public hearing by architectural design board is required) Sales office/model (ECDC 17.70.005) Preliminary formal plat Final formal plats Innocent purchaser determination Preliminary planned residential development Final planned residential development B. Decision Table. PROCEDURE FOR DEVELOPMENT PROJECT PERMIT APPLICATIONS (TYPE I – IV) LEGISLATIVE TYPE I TYPE II-A TYPE II-B TYPE III-A TYPE III-B TYPE IV TYPE V Recommendation by: N/A N/A N/A N/A N/A Planning board Planning board Final decision by: Director Director Director Hearing Hearing City council City council 9.1.c Packet Pg. 351 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) PROCEDURE FOR DEVELOPMENT PROJECT PERMIT APPLICATIONS (TYPE I – IV) LEGISLATIVE TYPE I TYPE II-A TYPE II-B TYPE III-A TYPE III-B TYPE IV TYPE V examiner/ADB examiner Notice of application: No Yes Yes Yes Yes Yes No Open record public hearing or open record appeal of a final decision: No Only if appealed, open record hearing before hearing examiner (1) If director decision is appealed, open record hearing before hearing examiner (2) If converted to Type III-A process Yes, before hearing examiner or ADB to render final decision Yes, before hearing examiner or board to render final decision Yes, before planning board which makes recommendation to council Yes, before planning board which makes recommendation to council or council could hold its own hearing Closed record review: No No No No Yes, before the council Yes, before the council 9.1.c Packet Pg. 352 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) PROCEDURE FOR DEVELOPMENT PROJECT PERMIT APPLICATIONS (TYPE I – IV) LEGISLATIVE TYPE I TYPE II-A TYPE II-B TYPE III-A TYPE III-B TYPE IV TYPE V Permit review timelines (per ECDC 20.02): 65 days 100 days 100 days 170 days 170 days 170 days Not applicable Judicial appeal: Yes Yes Yes Yes Yes Yes Yes C. Any reference to “Type II” in the Edmonds Community Development Code without expressly being modified as “Type II-B” shall be construed to mean Type II-A for the purposes of this section unless the context clearly suggests otherwise. [Ord. 4371 § 1 (Exh. A), 2024; Ord. 4360 § 7 (Exh. A), 2024; Ord. 4302 § 2 (Att. A), 2023; Ord. 4299 § 39 (Exh. A), 2023; Ord. 4154 § 1 (Att. A), 2019; Ord. 4072 § 7 (Att. G), 2017; Ord. 4026 § 4, 2016; Ord. 3982 § 4, 2014; Ord. 3817 § 1, 2010; Ord. 3806 § 2, 2010; Ord. 3736 § 4 (Exh. A), 2009]. 20.01.006 Legislative enactments not restricted. Nothing in this chapter or the permit processing procedures shall limit the authority of the city council to make changes to the city’s comprehensive plan or the city’s development regulations as part of the annual revision process. [Ord. 4371 § 1 (Exh. A), 2024; Ord. 4154 § 1 (Att. A), 2019; Ord. 3817 § 1, 2010; Ord. 3736 § 4 (Exh. A), 2009]. 20.01.007 Exempt projects. A. The following projects are specifically excluded from the procedures set forth in this chapter: historic register designations, building permits, street vacations, street use permits, encroachment permits, and other public works permits issued under ECDC Title 18. B. Pursuant to RCW 36.70B.140(2), lot line or boundary adjustments, building and/or other construction permits, or similar administrative approvals categorically exempt from 9.1.c Packet Pg. 353 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) environmental review under SEPA (Chapter 43.21C RCW and the city’s SEPA/environmental policy ordinance, Chapter 20.15A ECDC), or permits/approvals for which environmental review has been completed in connection with other project permits, are excluded from the requirements of RCW 36.70B.060 and 36.70B.110 through 36.70B.130, which includes the following procedures: 1. Notice of application (ECDC 20.03.002) unless an open record hearing is allowed on the permit decision; 2. Except as provided in RCW 36.70B.140, optional consolidated permit review processing (ECDC 20.01.002(B)); 3. Joint public hearings (ECDC 20.06.010); 4. Single report stating all of the decisions and recommendations made as of the date of the report that do not require an open public record hearing (ECDC 20.06.050(C)); and 5. Notice of decision (ECDC 20.02.007). [Ord. 4371 § 1 (Exh. A), 2024; Ord. 4154 § 1 (Att. A), 2019; Ord. 3817 § 1, 2010; Ord. 3736 § 4 (Exh. A), 2009]. The Edmonds Community Development Code is current through Ordinance 4375, passed December 10, 2024. Disclaimer: The city clerk’s office has the official version of the Edmonds Community Development Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 9.1.c Packet Pg. 354 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Chapter 20.10 DESIGN REVIEW Sections: 20.10.000 Purposes. 20.10.010 Types of design review. 20.10.020 Scope. 20.10.030 Approval required. 20.10.040 Optional pre-application. 20.10.045 Augmented architectural design review applications. 20.10.050 General Design Review. 20.10.000 Purposes. In addition to the general purposes of the comprehensive plan and the zoning ordinance, this chapter is included in the community development code for the following purposes: A. To encourage the realization and conservation of a desirable and aesthetic environment in the city of Edmonds; B. To encourage and promote development which features amenities and excellence in the form of variations of siting, types of structures and adaptation to and conservation of topography and other natural features; C. To encourage creative approaches to the use of land and related physical developments; D. To encourage the enhancement and preservation of land or building of unique or outstanding scenic or historical significance; E. To minimize incompatible and unsightly surroundings and visual blight which prevent orderly community development and reduce community property values. [Ord. 3636 § 1, 2007]. 9.1.c Packet Pg. 355 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 20.10.010 Types of design review. A. There are two types of design review: (1) administrative design review subject to the provisions of the design standards found within the applicable zoning district or Chapter 20.11 ECDC in accordance with subsection (B) of this section, and (2) Architectural Design Board (ADB) design review for development projects that request a departure from one or more of the design standards required under the administrative design review process. B. General design review criteria found in subsection 20.10.050 ECDC of this chapter applies to areas or properties that do not have specifically adopted design standards found within the applicable zoning district. 20.10.020 Scope. A. Design review is intended to apply to all development, except for those developments specifically exempted from review under subsection (B) of this section. “Development” includes any improvement to real property open to exterior view, including but not limited to buildings, structures, fixtures, landscaping, site screening, signs, parking lots, lighting, pedestrian facilities, street furniture, use of open areas (including parks, junk yards, riding academies, kennels and recreational facilities), mobile home and trailer parks, whether all or any are publicly or privately sponsored. B. Exempt Development. The following types of development are exempt from design review: 1. Parks developed under a master plan approved by the Edmonds city council. 2. Accessory structures that are not visible from the street. 3. Additions or modifications to structures or sites on the Edmonds register of historic places which require a certificate of appropriateness from the Edmonds historic preservation commission. 4. Fences that do not require a separate development permit. 5. Signs that meet all of the standards contained in Chapter 20.60 ECDC. 5. Underground utilities. [Ord. 3636 § 1, 2007]. 9.1.c Packet Pg. 356 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 20.10.030 Approval required. A. Development. Unless exempted under ECDC 20.10.020(B), no city permit or approval shall be issued for, and no person shall start, any development, or substantially change any development, until the development has received design review approval. B. Bond. The city may require that a bond be posted under Chapter 17.10 ECDC to ensure the satisfactory installation of site improvements. [Ord. 3636 § 1, 2007]. 20.10.040 Optional pre-application. The applicant may submit plans required under ECDC 20.02.002 as part of the complete application in preliminary or sketch form, so that the comments and advice of the architectural design board may be incorporated into the final plans submitted for application. [Ord. 3736 § 38, 2009; Ord. 3636 § 1, 2007]. 20.10.045 Augmented architectural design review applications. At the applicant’s discretion, an augmented design review application may be submitted under the provisions of ECDC19.00.025in order to vest development rights under the rules and regulations in effect at the time the application is deemed complete. Such applications may not be submitted in conjunction with the concept review provided for by ECDC 20.10.040. The application shall be processed in all respects as a regular application for review, but vesting rights shall be determined under the provisions of ECDC 19.00.025. Staff shall not be required to, and shall not, consider the application of vesting rights or the interpretation of ECDC 19.00.025 and any appeal with respect thereto shall be taken only as provided in that section. [Ord. 3636 § 1, 2007]. 20.10.050 General design review. A. Intent 9.1.c Packet Pg. 357 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) This section establishes regulations that enhance the scale and design of buildings, aiming to improve the overall physical quality of structures that contribute to the city’s character. These regulations emphasize the importance of maintaining a strong connection between buildings and the public street. B. Applicability. 1. All new developments and all additions to existing development shall comply with the standards of this section, except: a. Buildings located in zoning districts with adopted design standards. C. Review procedure – General design review 1. Review. All development projects may be approved by staff as a Type I decision per Section 20.01.003 ECDC. However, any proposed development requesting a departure from one or more design standards outlined in this chapter or the applicable zoning district must be reviewed by the Architectural Design Board (ADB). When design review is required by the ADB, proposed development shall be processed as a Type III-A decision. The role of the ADB shall be dependent upon the nature of the application as follows: a. The ADB under Chapter 20.10.010(A)(2) shall approve, conditionally approve, or deny the proposal. No more than one public hearing is allowed. D. Findings. The decision-maker shall make the following findings before approving the proposed development: 1. Criteria. The proposal is consistent with the criteria listed in this section or design standards found in the applicable zoning district. 9.1.c Packet Pg. 358 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) E. Criteria. 1. Building Standards. No one architectural style is required. The building shall be designed to comply with the purposes of this chapter and to avoid conflict with the existing and planned character of the nearby area. All elements of building design shall form an integrated development, harmonious in scale, line and mass. a. Building design: i. All primary building frontages must be oriented toward the primary street and clearly distinguished through the use of architectural features, awnings or canopies, and lighting. This requirement may be waived by the director or their designee for buildings that are oriented toward a shared open space. ii. Transparency Standards. Buildings shall provide windows and doors along all facades facing primary and secondary streets to meet the ground floor transparency requirements of the applicable zoning district. Ground floor transparency shall be a minimum of 65 percent for commercial uses and 50 percent for residential uses, measured as a percentage of the ground floor wall area within the designated transparency zone. iii. The transparency zone is defined as the horizontal area of the building façade located between two feet and ten feet above the adjacent finished grade. For buildings with a ground floor height of less than ten feet, the transparency zone shall extend from two feet above grade to the top of the ground floor wall or top of the window head, whichever is lower. iv. Blank Wall Prohibition. Building designs that result in blank wall conditions—defined as any uninterrupted façade length exceeding 15 feet without windows, doors, or other articulation—facing a primary or secondary street are prohibited. v. Windows and doors located on a ground floor front or corner facade must use clear, transparent glass. 9.1.c Packet Pg. 359 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) b. Architectural standards. All primary buildings must comply with the following architectural standards to ensure variation and visual interest in the built environment: i. Facade Materials: At least 66% of the surface area of each front or corner facade must be constructed using durable, high-quality materials appropriate for the Puget Sound climate, such as brick, natural stone, cedar or fir lap siding, fiber-cement siding (lap, shingle, or panel), architectural metals designed for moisture resistance and tempered or laminated glass. Other high-quality materials like synthetic stone or brick veneers, precast concrete panels resembling stone or brick may be approved by the Director or his/her designee if they demonstrate adequate weather resistance and visual compatibility. ii. Vertical Articulation: Vertical articulation is required to visually break the massing of the front and corner facades into building segments no wider than 32 feet. Vertical articulation may be achieved through architectural features such as bays, columns, pilasters, mullions, a regular pattern of windows, changes in the building plane, or recessed entries. For buildings on corner lots, the material and articulation of the primary facade must extend a minimum of one segment along the secondary street. iii. Horizontal Articulation: Horizontal articulation (e.g., base treatments, belt courses, cornice lines, entablatures, friezes, awnings or canopies, changes in materials or window patterns, recessed entries, or other architectural treatments) is required to distinguish the ground floor or podium from upper stories. iv. Prohibited Use of Color for Articulation: Variation in color alone shall not be used to satisfy the required articulation standards. v. Main Entrance Requirements: The main entrance must be oriented to the adjacent public realm and be emphasized on the building facade. This requirement may be satisfied through architectural features such as Commented [BS1]: Recently enacted state legislation prohibits local requirements for use of specific building materials. As long as the proposed materials comply with applicable building codes, cities must allow them. The draft language currently remains in the code because it was included in the version recommended by the Planning Board. 9.1.c Packet Pg. 360 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) entranceway roofs or recesses, chamfered corners, sidelight or transom windows, additional moldings with expression lines, or a bay of unique width. c. Building Components: Building components are smaller features attached to the primary building mass that provide architectural articulation and/or additional usable space. The following sections define typical building components and specify applicable regulations: i. Architectural Features: Includes elements such as sills, belt courses, eaves, cornices, roof overhangs, chimneys, and other ornamental features attached to or laterally supported by a building. a. Architectural features may project up to 3 feet into any minimum required setback. ii. Awning or Canopy: a. An awning or canopy may project a maximum of 8 feet into a required front setback. b. With approval from the Public Works Director or his/her designee, an awning or canopy may extend into a right-of-way, provided it maintains a minimum clearance of 24 inches from the curb. c. Awnings must be securely attached to and supported by the building. Canopies may also be supported by posts. d. The bottom edge of an awning or canopy must provide a minimum clearance of 8 feet over a sidewalk or walkway and 15 feet over a driveway. 9.1.c Packet Pg. 361 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) e. Awnings must be constructed from durable, weather-resistant materials such as cloth, canvas, canvas-like fabrics, acrylic, nylon, or metal. Vinyl is not permitted. f. Internally or backlit awnings are prohibited. g. Awnings or canopies used as signage must comply with the requirements of Chapter 20.60 ECDC. iii. Balcony: a. Balconies must be a minimum of 5 feet deep and 6 feet wide, except for false or Juliet balconies that are less than 16 inches deep. b. Balconies may project up to 5 feet into a required front, side, or rear setback. c. With approval from the Board of Public Works, balconies may extend into a right-of-way. iv. Bay Window: A projection that extends outward from a building to increase light, enhance views, and articulate the facade. a. A bay window less than 10 feet wide may encroach up to 3 feet into any required setback. v. Building Frontage: Building frontage types are located at the main entrance and provide a transition between the building and the public realm. a. Building frontage types shall be applied to all primary buildings. b. Frontage types for each building type can be found in Table 20.10-1. 9.1.c Packet Pg. 362 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) c. Table 20.10-1 vi. Garages: A fully enclosed structure, either attached to or detached from the primary building, used for the storage of vehicles. a. Garages must comply with all minimum required building setbacks but may encroach into a required rear setback up to 5 feet. b. If the garage door of an attached garage faces a primary or secondary street, the garage must be set back at least 5 feet behind the front or corner building facade. c. When the garage doors face a street or access easement, the garage must be set back at least 18 feet from the right-of-way to provide adequate space for vehicle parking without obstructing the sidewalk or any public way. d. When the garage doors face an alley, the garage must be located at the minimum required rear setback or be set back at least 18 feet from the right-of-way to ensure adequate space for vehicle parking without blocking any public way. e. The total capacity of all garages, carports, or a combination thereof, whether attached or detached, shall not exceed space for four vehicles if visible from the street. vii. Mechanical equipment or other utility hardware on the roof, grounds or buildings shall be screened from view from the street level. d. Site Treatment. The existing character of the site and the nearby area should be the starting point for the design of the building and all site treatment. The following are elements of site treatment: Commented [BS2]: Due to time constraints, the Planning Board did not have an opportunity to fully review building frontage types. Staff recommends streamlining these requirements for now, with the intention of conducting a more thorough evaluation and incorporating refined standards during Phase III. 9.1.c Packet Pg. 363 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) i. Grading, vegetation removal and other changes to the site shall be minimized to protect natural resources, limit disturbance of native soils, and encourage low impact development. ii. Landscape treatment shall be provided in accordance with Chapter 20.13 ECDC. iii. Landscaping that could be damaged by pedestrians or vehicles shall be protected by curbing or similar devices. iv. Service yards, and other areas where trash or litter may accumulate, shall be screened with planting or fences or walls which are compatible with natural materials. v. Vents, air conditioners, and other utility elements are prohibited on front or corner facades unless they are enclosed, camouflaged, screened, obscured, or otherwise concealed from street view. vi. All screening should be effective in the winter as well as the summer. vii. Materials such as wood, brick, stone and gravel (as opposed to asphalt or concrete) may be substituted for planting in areas unsuitable for plant growth. viii. Exterior lighting shall be the minimum necessary for safety and security. Excessive brightness shall be avoided. All lighting shall be low-rise, directed downward onto the site, and shielded from adjacent parcels. ix. Pedestrian-scale lighting shall be provided along paths and walkways and be no greater than 14 feet in height. F. Permit validity. 9.1.c Packet Pg. 364 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Design review approval is valid for one year from the date of decision issuance. A one-time, one-year extension is available upon request. The extension request must be received and approved prior to the expiration of the original decision for the extension to be granted. If a building permit application is required to construct a project that received design approval, the design approval is valid for the duration of the building permit application. However, if the building permit application expires prior to issuance, the associated design review expires with the building permit application. The Edmonds Community Development Code is current through Ordinance 4371, passed November 4, 2024. Disclaimer: The city clerk’s office has the official version of the Edmonds Community Development Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 9.1.c Packet Pg. 365 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Chapter 20.11 GENERAL DESIGN REVIEW Sections: 20.11.010 Review procedure – General design review. 20.11.020 Findings. 20.11.030 Criteria. 20.11.040 Appeals. 20.11.050 Lapse of approval. 20.11.010 Review procedure – General design review. A. Review. The architectural design board (ADB) shall review all proposed developments that require a threshold determination under the State Environmental Policy Act (SEPA). All other developments may be approved by staff as a Type I decision. When design review is required by the ADB, proposed development shall be processed as a Type III-A decision. The role of the ADB shall be dependent upon the nature of the application as follows: 1. The ADB shall conduct a public hearing for the following types of applications: a. Applications that are not consolidated as set forth in ECDC 20.01.002(B). b. Applications that are consolidated as set forth in ECDC 20.01.002(B) but in which the ADB serves as the sole decision-making authority. c. Applications that are consolidated as set forth in ECDC 20.01.002(B) but in which all decision-making authority is exercised both by staff, pursuant to this chapter and Chapter 20.13 ECDC, and by the ADB. The ADB shall act in the place of the staff for these types of applications. 2. The ADB shall review proposed developments at public meetings without a public hearing and make recommendations to the hearing examiner to approve, conditionally approve, or deny proposals for developments that, although consolidated as set forth in ECDC 20.01.002(B), are not subject to a public hearing by the ADB under subsection (A)(1) 9.1.c Packet Pg. 366 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) of this section. The hearing examiner shall subsequently hold a public hearing on the proposal. 3. The ADB under subsection (A)(1) of this section and the hearing examiner under subsection (A)(2) of this section shall approve, conditionally approve, or deny the proposal. The ADB or hearing examiner may continue its public hearing on the proposal to allow changes to the proposal, or to obtain information needed to properly review the proposal. See ECC 3.13.090 regarding exemptions from review required by this chapter. 4. Notwithstanding any contrary requirement, for a development in which the city is the applicant, the action of the ADB under subsection (A)(1) of this section and the hearing examiner under subsection (A)(2) of this section shall be a recommendation to the city council. B. Notice. Public notice by mail, posting or newspaper publication shall only be required for applications that are subject to environmental review under Chapter 43.21C RCW, in which case notice of the hearing shall be provided in accordance with Chapter 20.03 ECDC. [Ord. 4154 § 14 (Att. D), 2019; Ord. 3736 § 39, 2009; Ord. 3636 § 2, 2007]. 20.11.020 Findings. The board shall make the following findings before approving the proposed development: A. Criteria and Comprehensive Plan. The proposal is consistent with the criteria listed in ECDC 20.11.030 in accordance with the techniques and objectives contained in the urban design chapter of the community culture and urban design element of the comprehensive plan. The city has the obligation to provide specific direction and guidance to applicants. The urban design chapter has been adopted to fulfill the city’s obligations under Washington State case law. The urban design chapter shall be used to determine if an application meets the general criteria set forth in this chapter. In the event of ambiguity or conflict, the specific provisions of the urban design chapter shall control. B. Zoning Ordinance. The proposal meets the bulk and use requirements of the zoning ordinance, or a variance or modification has been approved under the terms of this code for any duration. The finding of the staff that a proposal meets the bulk and use requirements of 9.1.c Packet Pg. 367 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) the zoning ordinance shall be given substantial deference and may be overcome only by clear and convincing evidence. [Ord. 3636 § 2, 2007]. 20.11.030 Criteria. A. Building Design. No one architectural style is required. The building shall be designed to comply with the purposes of this chapter and to avoid conflict with the existing and planned character of the nearby area. All elements of building design shall form an integrated development, harmonious in scale, line and mass. The following are included as elements of building design: 1. All exterior building components, including windows, doors, eaves, and parapets; 2. Colors, which should avoid excessive brilliance or brightness except where that would enhance the character of the area; 3. Mechanical equipment or other utility hardware on the roof, grounds or buildings should be screened from view from the street level; 4. Long, massive, unbroken or monotonous buildings shall be avoided in order to comply with the purposes of this chapter and the design objectives of the comprehensive plan. This criterion is meant to describe the entire building. All elements of the design of a building including the massing, building forms, architectural details and finish materials contribute to whether or not a building is found to be long, massive, unbroken or monotonous. a. In multifamily (RM) or commercial zones, selections from among the following or similar features are appropriate for dealing with this criterion: i. Windows with architectural fenestration; ii. Multiple rooflines or forms; iii. Architecturally detailed entries; iv. Appropriate landscaping; v. The use of multiple materials; 9.1.c Packet Pg. 368 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 5. All signs should conform to the general design theme of the development. B. Site Treatment. The existing character of the site and the nearby area should be the starting point for the design of the building and all site treatment. The following are elements of site treatment: 1. Grading, vegetation removal and other changes to the site shall be minimized to protect natural resources, limit disturbance of native soils, and encourage low impact development. 2. Landscape treatment shall be provided to enhance the building design and other site improvements. 3. Landscape treatment shall be provided to buffer the development from surrounding property where conflict may result, such as parking facilities near yard spaces, streets or residential units, and different building heights, design or color. 4. Landscaping that could be damaged by pedestrians or vehicles should be protected by curbing or similar devices. 5. Service yards, and other areas where trash or litter may accumulate, shall be screened with planting or fences or walls which are compatible with natural materials. 6. All screening should be effective in the winter as well as the summer. 7. Materials such as wood, brick, stone and gravel (as opposed to asphalt or concrete) may be substituted for planting in areas unsuitable for plant growth. 8. Exterior lighting shall be the minimum necessary for safety and security. Excessive brightness shall be avoided. All lighting shall be low-rise and directed downward onto the site. Lighting standards and patterns shall be compatible with the overall design theme. C. Other Criteria. 1. Community facilities and public or quasi-public improvements should not conflict with the existing and planned character of the nearby area. 2. Street furniture (including but not limited to benches, light standards, utility poles, newspaper stands, bus shelters, planters, traffic signs and signals, guardrails, rockeries, 9.1.c Packet Pg. 369 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) walls, mail boxes, fire hydrants and garbage cans) should be compatible with the existing and planned character of the nearby area. [Ord. 4085 § 9 (Exh. A), 2017; Ord. 3636 § 2, 2007]. 20.11.040 Appeals. All design review decisions of the hearing examiner or the ADB are appealable to superior court in accordance with Chapter 36.70C RCW. [Ord. 4154 § 16 (Att. D), 2019; Ord. 3736 § 40, 2009; Ord. 3636 § 2, 2007]. 20.11.050 Lapse of approval. A. Time Limit. Unless the owner submits a fully completed building permit application necessary to bring about the approved alterations, or, if no building permit application is required, substantially commences the use allowed within 18 months from the date of approval, ADB or hearing examiner approval shall expire and be null and void, unless the owner files a fully completed application for an extension of time prior to the expiration date. For the purposes of this section the date of approval shall be the date on which the ADB’s or hearing examiner’s minutes or other method of conveying the final written decision of the ADB or hearing examiner as adopted are mailed to the applicant. In the event of appeal, the date of approval shall be the date on which a final decision is entered by the city council or court of competent jurisdiction. B. Time Extension. 1. Application. The applicant may apply for a one-time extension of up to one year by submitting a letter, prior to the date that approval lapses, to the planning division along with any other supplemental documentation which the planning manager may require, which demonstrates that he/she is making substantial progress relative to the conditions adopted by the ADB or hearing examiner and that circumstances are beyond his/her control preventing timely compliance. In the event of an appeal, the one-year extension shall commence from the date a final decision is entered in favor of such extension. 2. Fee. The applicant shall include with the letter of request such fee as is established by ordinance. No application shall be complete unless accompanied by the required fee. 9.1.c Packet Pg. 370 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 3. Review of Extension Application. An application for an extension shall be reviewed by the planning official as a Type I decision (Staff decision – No notice required). [Ord. 3736 § 41, 2009; Ord. 3636 § 2, 2007]. Chapter 20.12 DISTRICT-BASED DESIGN REVIEW Sections: 20.12.005 Outline of process and statement of intent. 20.12.010 Applicability. 20.12.020 Design review by the architectural design board. 20.12.030 Design review by city staff. 20.12.070 Design guidelines, criteria and checklist. 20.12.080 Repealed. 20.12.090 Lapse of approval. 20.12.005 Outline of process and statement of intent. The architectural design board (ADB) process has been developed in order to provide for public and design professional input prior to the expense incurred by a developer in preparation of detailed design. In combination, Chapter 20.10 ECDC and this chapter are intended to permit public and ADB input at an early point in the process while providing greater assurance to a developer that his general project design has been approved before the final significant expense of detailed project design is incurred. In general, the process is as follows: A. Public Hearing (Phase 1). The applicant shall submit a preliminary conceptual design to the city. Staff shall schedule the first phase of the ADB hearing within 30 days of staff’s determination that the application is complete. Upon receipt, staff shall provide full notice of a public hearing, noting that the public hearing shall be conducted in two phases. The entire single public hearing on the conceptual design shall be on the record. At the initial phase, the applicant shall present facts which describe in detail the tract of land to be developed noting all significant characteristics. The ADB shall make factual findings regarding the particular characteristics of the property and shall prioritize the design guideline checklist based upon 9.1.c Packet Pg. 371 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) these facts, the provisions of the city’s design guideline elements of the comprehensive plan and the Edmonds Community Development Code. Following establishment of the design guideline checklist, the public hearing shall be continued to a date certain requested by the applicant, not to exceed 120 days from the meeting date. The 170-day city review period required by RCW 36.70B.080 commences with the application for Phase 1 of the public hearing. The 170-day time period is suspended, however, while the applicant further develops their application for Phase 2 of the public hearing. This suspension is based upon the finding of the city council, pursuant to RCW 36.70B.080, that additional time is required to process this project type. The city has no control over the length of time needed or taken by an applicant to complete its application. B. Continued Public Hearing (Public Hearing, Phase 2). The purpose of the continuance is to permit the applicant to design or redesign his initial conceptual design to address the input of the public and the ADB by complying with the prioritized design guideline checklist criteria. When the applicant has completed his design or redesign, he shall submit that design for final review. The matter shall be set for the next available regular ADB meeting date. If the applicant fails to submit his or her design within 180 days, the staff shall report the matter to the ADB who shall note that the applicant has failed to comply with the requirements of the code and find that the original design checklist criteria approval is void. The applicant may reapply at any time. Such reapplication shall establish a new 170-day review period and establish a new vesting date. C. After completing the hearing process, the final detailed design shall be presented to the city in conjunction with the applicable building permit application. The city staff’s decision on the building permit shall be a ministerial act applying the specific conditions or requirements set forth in the ADB’s approval, but only those requirements. A staff decision on the building permit shall be final and appealable only as provided in the Land Use Petition Act. No other internal appeal of the staff’s ministerial decisions on the building permit is allowed. [Ord. 4371 § 4 (Exh. A), 2024; Ord. 4302 § 4 (Att. A), 2023; Ord. 3636 § 3, 2007]. 20.12.010 Applicability. A. Downtown Business (BD) Zones. The architectural design board (ADB) shall review all proposed developments in the downtown business (BD) zones that require a threshold determination under the State Environmental Policy Act (SEPA) using the process set forth in 9.1.c Packet Pg. 372 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) ECDC 20.12.020. All other developments in the downtown business zones may be approved by staff as a Type I decision using the process set forth in ECDC 20.12.030. When design review is required by the ADB under ECDC 20.12.020, the application shall be processed as a Type III-A decision. B. General Commercial (CG) Zone. In the general commercial zone, the applicable design review process depends on the site and project-specific situation: 1. Design review by the architectural design board is required for any project that includes buildings exceeding 75 feet in height as identified in ECDC 16.60.020. 2. If the project site is adjacent to or across the street from the RS zone and an application contains a building greater than 35 feet in height, staff reviews the project and issues a Type II-A decision. Specific mailed notice requirements are provided in ECDC 20.03.002(D)(2). 3. Staff completes all other project design reviews as a Type I decision. 4. Preapplication Neighborhood Meeting. For proposals subject to a Type II-A or Type III-A review process, the applicant shall host a public preapplication neighborhood meeting to discuss and receive public comment on the conceptual proposal. The applicant shall provide notice of this meeting to all property owners and residents (including tenants of individual units within multifamily residential buildings) within 500 feet of the subject site by depositing written notice in the U.S. mail postage paid at least 14 calendar days in advance of the meeting to all persons and entities shown as having an ownership interest in the land records of Snohomish County. An affidavit of mailing shall be provided to the city by the applicant attaching its mailing list. While this meeting will allow immediate public response to the proposal in its conceptual form, comments submitted during this meeting are not binding to the applicant or staff. However, staff may make general recommendations to the applicant as part of the formal application based on the input from this meeting to the extent that said comments are consistent with the adopted provisions of the Edmonds Community Development Code and the comprehensive plan. As a courtesy, the applicant shall provide summary minutes of the meeting to all of those in attendance within two weeks of the date of the meeting. [Ord. 4302 § 4 (Att. A), 2023; Ord. 4154 § 15 (Att. D), 2019; Ord. 3736 § 42, 2009; Ord. 3636 § 3, 2007]. 9.1.c Packet Pg. 373 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 20.12.020 Design review by the architectural design board. A. Public Hearing – Phase 1. Phase 1 of the public hearing shall be scheduled with the architectural design board (ADB) as a public meeting. Notice of the meeting shall be provided according to the requirements of ECDC 20.03.003. This notice may be combined with the formal notice of application required under ECDC 20.03.002, as appropriate. 1. The purpose of Phase 1 of the public hearing is for the ADB to identify the relative importance of design criteria that will apply to the project proposal during the subsequent design review. The basic criteria to be evaluated are listed on the design guidelines checklist contained within the design guidelines and this chapter. The ADB shall utilize the urban design guidelines and standards contained in the relevant city zoning classification(s), any relevant district-specific design objectives contained in the comprehensive plan, and the relevant portions of this chapter and Chapter 20.13 ECDC, to identify the relative importance of design criteria; no new, additional criteria shall be incorporated, whether proposed in light of the specific characteristics of a particular tract of land or on an ad hoc basis. 2. Prior to scheduling Phase 1 of the public hearing, the applicant shall submit information necessary to identify the scope and context of the proposed development, including any site plans, diagrams, and/or elevations sufficient to summarize the character of the project, its site, and neighboring property information. At a minimum, an applicant shall submit the following information for consideration during Phase 1 of the public hearing: a. Vicinity plan showing all significant physical structures and environmentally critical areas within a 200-foot radius of the site including, but not limited to, surrounding building outlines, streets, driveways, sidewalks, bus stops, and land use. Aerial photographs may be used to develop this information. b. Conceptual site plan(s) showing topography (minimum two-foot intervals), general location of building(s), areas devoted to parking, streets and access, existing open space and vegetation. All concepts being considered for the property should be submitted to assist the ADB in defining all pertinent issues applicable to the site. c. Three-dimensional sketches, photo simulations, or elevations that depict the volume of the proposed structure in relation to the surrounding buildings and improvements. 9.1.c Packet Pg. 374 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 3. During Phase 1 of the public hearing, the applicant shall be afforded an opportunity to present information on the proposed project. The public shall also be invited to address which design guidelines checklist criteria from ECDC 20.12.070 they feel are pertinent to the project. The Phase 1 meeting shall be considered to be a public hearing and information presented or discussed during the meeting shall be recorded as part of the hearing record. 4. Prior to the close of Phase 1 of the public hearing, the ADB shall identify the specific design guidelines checklist criteria – and their relative importance – that will be applied to the project during the project’s subsequent design review. In submitting an application for design review approval under this chapter, the applicant shall be responsible for identifying how the proposed project meets the specific criteria identified by the ADB during Phase 1 of the public hearing. 5. Following establishment of the design guidelines checklist, the public hearing shall be continued to a date certain, not exceeding 120 days from the date of Phase 1 of the public hearing. The continuance is intended to provide the applicant with sufficient time to prepare the material required for Phase 2 of the public hearing, including any design or redesign needed to address the input of the public and ADB during Phase 1 of the public hearing by complying with the prioritized checklist. 6. Because Phase 1 of the public hearing is only the first part of a two-part public hearing, there can be no appeal of the design decision until Phase 2 of the public hearing has been completed and a final decision rendered. B. Continued Public Hearing – Phase 2. 1. An applicant for Phase 2 design review shall submit information sufficient to evaluate how the project meets the criteria identified by the ADB during Phase 1 of the public hearing described in subsection (A) of this section. At a minimum, an applicant shall submit the following information for consideration during Phase 2 of the public hearing: a. Conceptual site plan showing topography (minimum two-foot intervals), general layout of building, parking, streets and access, and proposed open space. b. Conceptual landscape plan, showing locations of planting areas identifying landscape types, including general plant species and characteristics. 9.1.c Packet Pg. 375 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) c. Conceptual utility plan, showing access to and areas reserved for water, sewer, storm, electrical power, and fire connections and/or hydrants. d. Conceptual building elevations for all building faces illustrating building massing and openings, materials and colors, and roof forms. A three-dimensional model may be substituted for the building elevation(s). e. If more than one development concept is being considered for the property, the submissions should be developed to clearly identify the development options being considered. f. An annotated checklist demonstrating how the project complies with the specific criteria identified by the ADB. g. Optional: generalized building floor plans may be provided. 2. Staff shall prepare a report summarizing the project and providing any comments or recommendations regarding the annotated checklist provided by the applicant under subsection (B)(1)(f) of this section, as appropriate. The report shall be mailed to the applicant and ADB at least one week prior to the public hearing. 3. Phase 2 of the public hearing shall be conducted by the ADB as a continuation of the Phase 1 public hearing. Notice of the meeting shall be provided according to the requirements of Chapter 20.03 ECDC. During Phase 2 of the public hearing, the ADB shall review the application and identify any conditions that the proposal must meet prior to the issuance of any permit or approval by the city. When conducting this review, the ADB shall enter the following findings prior to issuing its decision on the proposal: a. Zoning Ordinance. The proposal meets the bulk and use requirements of the zoning ordinance, or a variance or modification has been approved under the terms of this code for any duration. The finding of the staff that a proposal meets the bulk and use requirements of the zoning ordinance shall be given substantial deference and may be overcome by clear and convincing evidence. b. Design Objectives. The proposal meets the relevant district-specific design objectives contained in the comprehensive plan. c. Design Criteria. The proposal satisfies the specific checklist criteria identified by the ADB during Phase 1 of the public hearing under subsection (A) of this section. When 9.1.c Packet Pg. 376 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) conducting its review, the ADB shall not add or impose conditions based on new, additional criteria proposed in light of the specific characteristics of a particular tract of land or on an ad hoc basis. 4. Project Consolidation. Projects may be consolidated in accordance with RCW 36.70B.110 and the terms of the Edmonds Community Development Code. C. Effect of the Decision of the ADB. The decision of the ADB described in subsection (B) of this section shall be used by staff to determine if a project complies with the requirements of these chapters during staff review of any subsequent applications for permits or approvals. The staff’s determination shall be purely ministerial in nature and no discretion is granted to deviate from the requirements imposed by the ADB and the Edmonds Community Development Code. The staff process shall be akin to and administered in conjunction with building permit approval, as applicable. Written notice shall be provided to any party of record (as developed in Phases 1 and 2 of the public hearing) who formally requests notice as to: 1. Receipt of plans in a building permit application or application for property development as defined in ECDC 20.10.020; and 2. Approval, conditioned approval or denial by staff of the building permit or development approval. [Ord. 4314 § 77 (Exh. A), 2023; Ord. 4302 § 4 (Att. A), 2023; Ord. 3817 § 10, 2010; Ord. 3736 §§ 43, 44, 2009; Ord. 3636 § 3, 2007]. 20.12.030 Design review by city staff. A. Optional Preapplication Meeting. At the option of the applicant, a preapplication meeting may be scheduled with city staff. The purpose of the meeting is to provide preliminary staff comments on a proposed development to assist the applicant in preparing an application for development approval. Submission requirements and rules of procedure for this optional preapplication meeting shall be adopted by city staff consistent with the purposes of this chapter. B. Application and Staff Decision. 1. An applicant for design review shall submit information sufficient to evaluate how the project meets the criteria applicable to the project. Staff shall develop a checklist of 9.1.c Packet Pg. 377 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) submission requirements and review criteria necessary to support this intent. When design review is intended to accompany and be part of an application for another permit or approval, such as a building permit, the submission requirements and design review may be completed as part of the associated permit process. 2. In reviewing an application for design review, staff shall review the project checklist and evaluate whether the project has addressed each of the applicable design criteria. Staff shall enter the following findings prior to issuing a decision on the proposal: a. Zoning Ordinance. That the proposal meets the bulk and use requirements of the zoning ordinance, including the guidelines and standards contained in the relevant zoning classification(s). b. Design Guidelines. That the proposal meets the relevant district-specific design objectives contained in the comprehensive plan. When conducting its review, city staff shall not add or impose conditions based on new, additional criteria proposed in light of the specific characteristics of a particular tract of land or on an ad hoc basis. [Ord. 4302 § 4 (Att. A), 2023; Ord. 3636 § 3, 2007]. 20.12.070 Design guidelines, criteria and checklist. A. In conducting its review, the ADB shall use the design guidelines and design review checklist as contemporaneously adopted in the design guidelines. B. Additional Criteria. Design review shall reference the specific criteria adopted for each area or district. 1. Criteria to be used in design review for the downtown Edmonds business districts (BD zones) located within the downtown/waterfront activity center as shown on the city of Edmonds comprehensive plan map include the following: a. Design objectives for the downtown waterfront activity center contained in the Edmonds comprehensive plan. b. (Reserved). 9.1.c Packet Pg. 378 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 2. Criteria to be used in design review for the general commercial (CG) zone located within the medical/Highway 99 activity center or the Highway 99 corridor as shown on the city of Edmonds comprehensive plan map include the following: a. Design standards contained in Chapter 16.60 ECDC for the general commercial zone. b. Policies contained in the specific section of the comprehensive plan addressing the medical/Highway 99 activity center and Highway 99 corridor. [Ord. 4302 § 4 (Att. A), 2023; Ord. 4299 § 47 (Exh. A), 2023; Ord. 3636 § 3, 2007]. 20.12.080 Appeals. Repealed by Ord. 4302. 20.12.090 Lapse of approval. A. Time Limit. Unless the owner submits a fully completed building permit application necessary to bring about the approved alterations, or, if no building permit application is required, substantially commences the use allowed within 18 months from the date of approval, ADB or hearing examiner approval shall expire and be null and void, unless the owner files a fully completed application for an extension of time prior to the expiration date. For the purposes of this section, the date of approval shall be the date on which the ADB’s or hearing examiner’s minutes or other method of conveying the final written decision of the ADB or hearing examiner as adopted are mailed to the applicant. In the event of appeal, the date of approval shall be the date on which a final decision is entered by the city council or court of competent jurisdiction. B. Time Extension. 1. Application. The applicant may apply for a one-time extension of up to one year by submitting a letter, prior to the date that approval lapses, to the planning division along with any other supplemental documentation which the planning manager may require, which demonstrates that he/she is making substantial progress relative to the conditions adopted by the ADB or hearing examiner and that circumstances are beyond his/her control preventing timely compliance. In the event of an appeal, the one-year extension shall commence from the date a final decision is entered in favor of such extension. 9.1.c Packet Pg. 379 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 2. Fee. The applicant shall include with the letter of request such fee as is established by ordinance. No application shall be complete unless accompanied by the required fee. 3. Review of Extension Application. An application for an extension shall be reviewed by the planning official as a Type I decision (Staff decision – No notice required). [Ord. 4302 § 4 (Att. A), 2023; Ord. 3736 § 46, 2009; Ord. 3636 § 3, 2007]. 9.1.c Packet Pg. 380 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Chapter 20.13 LANDSCAPING REQUIREMENTS Sections: 20.13.000 Scope. 20.13.010 Landscape plan requirements. 20.13.015 Plant schedule. 20.13.020 General design standards. 20.13.025 General planting standards. 20.13.030 Landscape types. 20.13.040 Landscape bonds. 20.13.000 Scope. The landscape requirements found in this chapter are intended for use by city staff, the architectural design board (ADB) and the hearing examiner in reviewing projects, as set forth in ECDC 20.10.010. [Ord. 3636 § 4, 2007]. 20.13.010 Landscape plan requirements. The applicant has the option of submitting a preliminary landscape plan prior to final approval. The preliminary landscape plan need not include the detail required for final approval, although areas of proposed landscaping should be shown. Final project approval cannot be given until the final landscape plan is submitted and approved. The following items shall be shown on any final landscape plan submitted for review: A. Name and address or location of the project; B. All plant material identified by botanical and common name – genus, species and variety (see ECDC 20.13.015); C. Location of all trees and shrubs to be planted; 9.1.c Packet Pg. 381 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) D. A digital file of landscape plans drawn to a scale of 1" = 30' or larger (e.g., 1" = 20', 1" = 10', etc.). Plans should include a bar scale for reference. E. Scale of the drawing, a north arrow and date of the plan; F. All property lines, as well as abutting streets and alleys; G. Locations, sizes and species of existing trees (six inches in caliper or more) and shrubs. Trees and shrubs to be removed must be noted. Natural areas should be designated as such; H. Any proposed or existing physical elements (such as stormwater facilities, fencing, walls, building, curbing, and signs) that may affect the overall landscape; I. Parking layout, including circulation, driveway location, parking stalls and curbing (see ECDC 20.13.020(D)); J. Grading shown by contour lines (minimum five-foot intervals), spot elevations, sections or other means; K. Location of irrigation system (see ECDC 20.13.020(E)). [Ord. 4085 § 10 (Exh. A), 2017; Ord. 3636 § 4, 2007]. 20.13.015 Plant schedule. A. The plant schedule shall indicate for all plants the scientific and common names, quantities, sizes and spacing. Quantities are not required on a preliminary landscape plan. A preliminary plan may also indicate shrubs as masses rather than showing the individual plants. The final plan must show individual shrubs and quantities. B. Minimum sizes at installation are as follows: • one-and-three-quarters-inch caliper street trees; one-and-one-half-inch caliper other deciduous trees; • eight feet minimum height – vine maples and other multistemmed trees; • six feet minimum height – evergreen trees; • eighteen inches minimum height for medium and tall shrubs: 9.1.c Packet Pg. 382 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) – small shrub = less than three and one-half feet tall at maturity; – medium shrub = three and one-half feet to six feet tall at maturity; – large shrub = more than six feet tall at maturity. C. Maximum size: species approved within a landscape plan shall have a growth pattern in scale with the development and be consistent with the preservation of significant views and height limit for the zoning district. D. Maximum spacing: • large shrubs = six feet on center; • medium shrubs = four and one-half feet on center; • small shrubs = three feet on center. E. Groundcover is required in all planting bed areas as follows: • one-gallon pots 30 inches on center; • four-inch pots 24 inches on center; • two-and-one-quarter-inch pots 15 inches on center; • rooted cuttings 12 inches on center. All groundcover shall be living plant material approved by the decision-maker. [Ord. 3636 § 4, 2007]. 20.13.020 General design standards. A. Preference shall be given to an informal arrangement of plants installed in a variety of treatments that will enhance building designs and attractively screen parked vehicles and unsightly areas, soften visual impact of structures and enhance views and vistas. B. A formal arrangement may be acceptable if it has enough variety in layout and plants. Avoid continuous, long, unbroken, straight rows of a single plant where possible. 9.1.c Packet Pg. 383 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) C. Existing vegetation that contributes to the attractiveness of the site should be retained. Existing significant trees and shrubbery (six-inch caliper or more) must be shown on the proposed landscape plan and saved and incorporated into the landscape plan, if they are reasonably attractive and of good quality. D. Curbs shall be provided as needed to contain landscaping in planter areas. E. Automatic irrigation is required for all landscaped areas for projects which have more than four dwelling units, 4,000 square feet of building area or more than 20 parking spaces. F. All planting areas should be at least four feet wide between curbs. G. When selecting tree species, consideration should be given to pedestrian and vehicular use, as well as impacts to surrounding utilities. H. All plants shall be compatible with the character and climate of the Pacific Northwest. Shrubs and/or groundcover are required to provide 75 percent ground coverage within three years. I. Repealed by Ord. 4085. J. Landscaping must be provided in adjacent rights-of-way between property line and curb or street edge and shown on the landscape plan. K. Street trees must be planted according to the city’s street tree plan. Contact the planning division for details. L. Street trees should be installed within four feet of either side of the property line. M. Landscaping should be tall enough to soften any dumpster enclosures located in planting areas. N. Trees and very large shrubs should be planted at least five feet from any water/sewer lines. Landscape plantings shall reflect consideration of plantings in relation to utility lines. O. Utility boxes should be screened with landscaping without blocking access. P. Species approved within a landscape plan shall have a growth pattern in scale with the development and be consistent with the preservation of significant views and height limit for the zoning district. 9.1.c Packet Pg. 384 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Q. Stormwater LID best management practice integration into overall landscape design is strongly encouraged, where feasible. R. Consideration of a variation to the maximum planter size will be given when the planter area is also functioning as a bioretention or rain garden facility. See requirements in Chapter 18.30 ECDC. S. Landscaping used as part of a low impact development stormwater facility may be counted towards meeting the requirements of this chapter. [Ord. 4085 §§ 11 – 14 (Exh. A), 2017; Ord. 3636 § 4, 2007]. 20.13.025 General planting standards. A. Blank Building Walls. 1. Blank building walls should be softened by landscaping. 2. Landscaping should include trees and shrubs – mostly evergreen. 3. Trees should be planted an average of 20 feet on center either formally or in clusters. B. Foundation Planting. 1. Trees and shrubs should soften the building elevation and soften the transition between the pavement and the building. 2. Plantings may be in informal or formal arrangements (see ECDC 20.13.020(A) and (B)). 3. Landscaping should be planted in all areas except service areas. 4. Planting areas should be at least four feet wide. [Ord. 3636 § 4, 2007]. 20.13.030 Landscape types. A. Type I Landscaping. Type I landscaping is intended to provide a very dense sight barrier to significantly separate uses and land use districts. 9.1.c Packet Pg. 385 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 1. Two rows of evergreen trees, a minimum of 10 feet in height and planted at intervals of no greater than 20 feet on center. The trees must be backed by a sight-obscuring fence a minimum of five feet high or the required width of the planting area must be increased by 10 feet; and 2. Shrubs a minimum of three and one-half feet in height planted in an area at least five feet in width, and other plant materials, planted so that the ground will be covered within three years; 3. Alternatively, the trees and shrubs may be planted on an earthen berm at least 15 feet in width and an average of five feet high along its midline. B. Type II Landscaping. Type II landscaping is intended to create a visual separation between similar uses. 1. Evergreen and deciduous trees, with no more than 30 percent being deciduous, a minimum of six feet in height, and planted at intervals no greater than 20 feet on center; and 2. Shrubs, a minimum of three and one-half feet in height and other plant materials, planted so that the ground will be covered within three years. C. Type III Landscaping. Type III landscaping is intended to provide visual separation of uses from streets, and visual separation of compatible uses so as to soften the appearance of streets, parking areas and building elevations. 1. Evergreen and deciduous trees, with no more than 50 percent being deciduous, a minimum of six feet in height, and planted at intervals no greater than 30 feet on center; and 2. If planted to buffer a building elevation, shrubs, a minimum of three and one-half feet in height, and living ground cover planted so that the ground will be covered within three years; or 3. If planted to buffer a parking area, access, or site development other than a building, any of the following alternatives may be used unless otherwise noted: a. Shrubs, a minimum of three and one-half feet in height, and living ground cover must be planted so that the ground will be covered within three years. 9.1.c Packet Pg. 386 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) b. Earth-mounding, an average of three and one-half feet in height, planted with shrubs or living ground cover so that the ground will be covered within three years. This alternative may not be used in a downtown or waterfront area. c. A combination of earth mounding, opaque fences and shrubs to produce a visual barrier at least three and one-half feet in height. D. Type IV Landscaping. Type IV landscaping is intended to provide visual relief where clear sight is desired to see signage or into adjacent space for safety concerns. 1. Trees shall be deciduous and planted 25 feet on center and the trunk shall be free of branches below six feet in height. 2. Plant materials which will cover the ground within three years, and which will not exceed three and one-half feet in height. E. Type V Landscaping. Type V landscaping is intended to provide visual relief and shade in parking areas. 1. Required Amount. a. If the parking area contains no more than 50 parking spaces, at least 17.5 square feet of landscape development must be provided as described in subsection (E)(2) of this section for each parking stall proposed. b. If the parking area contains more than 99 parking spaces, at least 35 square feet of landscape development must be provided as described in subsection (E)(2) of this section for each parking stall proposed. c. If the parking area contains more than 50 but less than 100 parking spaces, the director – or his designee – shall determine the required amount of landscaping by interpolating between 17.5 and 35 square feet for each parking stall proposed. The area must be landscaped as described in subsection (E)(2) of this section. 2. Design. a. Each area of landscaping must contain at least 150 square feet of area and must be at least four feet in any direction exclusive of vehicle overhang. The area must contain at least one tree a minimum of six feet in height and with a minimum size of one and 9.1.c Packet Pg. 387 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) one-half inches in caliper if deciduous. The remaining ground area must be landscaped with plant materials, decorative mulch or unit pavers. b. A landscaped area must be placed at the interior ends of each parking row in a multiple-lane parking area. This area must be at least four feet wide and must extend the length of the adjacent parking stall. c. Up to 100 percent of the trees proposed for the parking area may be deciduous. d. Repealed by Ord. 4085. e. The minimum area per planter is 64 square feet. f. The maximum area per planter is 1,500 square feet for parking lots greater than 12,000 square feet. Planters shall be spread throughout the parking lot. g. Shade trees are required at the rate of a minimum of one per planter and/or one per 150 square feet of planter. [Ord. 4085 § 15 (Exh. A), 2017; Ord. 3636 § 4, 2007]. 20.13.040 Landscape bonds. A. An itemized cost estimate, covering landscaping and irrigation, must be submitted for use in determining the landscape bond amount. The city will use this estimate to set the amount of the landscape performance bond. B. A performance bond will be required for release of the building permit. This bond will be used to cover installation of required landscaping, fences or screening for service areas. C. Landscaping must be installed prior to issuance of certificate of occupancy (for multiple-family and single-tenant commercial buildings) or a certificate of completion (for multiple-tenant commercial buildings). D. Once the landscaping has been installed, a 15 percent maintenance bond is required for release of the performance bond. Any plants that die within two years of installation must be replaced before the maintenance bond can be released. Upon inspection and approval, the maintenance bond may be released after two years. [Ord. 3636 § 4, 2007]. 9.1.c Packet Pg. 388 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) The Edmonds Community Development Code is current through Ordinance 4375, passed December 10, 2024. Disclaimer: The city clerk’s office has the official version of the Edmonds Community Development Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 9.1.c Packet Pg. 389 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Chapter 20.60 SIGN CODE Sections: 20.60.000 Purpose. 20.60.005 Definitions. 20.60.010 Permit required. 20.60.015 Design review procedures. 20.60.020 General regulations for permanent signs. 20.60.025 Total maximum permanent sign area. 20.60.030 Wall signs – Maximum area and height. 20.60.035 Window signs – Maximum area. 20.60.040 Projecting signs – Maximum area and height restrictions. 20.60.045 Freestanding signs – Regulations. 20.60.050 Wall graphic and identification structures. 20.60.055 Pedestrian signs. 20.60.060 Campaign signs. 20.60.065 Real estate signs. 20.60.070 Construction signs. 20.60.075 Governmental signs. 20.60.080 Temporary signs. 20.60.090 Prohibited signs. 20.60.095 Exempt signs. 20.60.100 Administration. 20.60.000 Purpose. The purpose of this chapter is to enact regulatory measures to implement those goals and policies stated in the Edmonds Comprehensive Policy Plan and to achieve the following objectives: A. Protect the public right-of-way from obstructions which would impair the public’s use of their right-of-way. 9.1.c Packet Pg. 390 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) B. Minimize the hazard to the public represented by distractions to drivers from moving, blinking, or other similar forms of signage or visual clutter. C. Provide for distinct signage for each distinct property. D. Encourage the use of graphics/symbols to reduce the visual clutter associated with overly large letters or extensive use of lettering. E. Minimize potential for view blockage and visual clutter along public rights-of-way. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 20.60.005 Definitions. For the purposes of the enforcement of this chapter, the following definitions shall apply: “Attached sign” is any sign attached or affixed to a building. Attached signs include wall signs, projecting signs, and window signs. “Boxed cabinet sign” is a permanent sign that is mounted on the face of a building that is roughly rectangular in shape and provides for internal illumination and changing the message of the sign by replacing a single transparent or translucent material such as a Plexiglass/Lexan face. This definition is meant to distinguish between a cabinet sign that is essentially a rectangular box and one that follows the outlines of the letters of the sign, or an “outline cabinet sign.” “Building ID/historic sign” is a permanent sign that identifies or names a building and assists in creating landmarks in the city. Examples include dates, “1890”; names, “Beeson Building”; or addresses. “Campaign sign” is a temporary sign displaying a message relating to a candidate, political party, or issue that is registered or certified for an upcoming election. “Commercial sign” is a sign displayed for the purpose of identifying a commercial use, or advertising a service, product, business or venture that is offered for trade or sale. “Community event banner” is a noncommercial sign composed of cloth, fabric, canvas or similarly flexible material that promotes a temporary community event endorsed, operated or 9.1.c Packet Pg. 391 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) sponsored wholly or in part by a local public entity the jurisdiction of which includes the city of Edmonds. “Community events” are nonprofit, governmental or charitable festivals, contests, programs, fairs, carnivals or recreational contests conducted within the city. “Construction sign” is a permanent or temporary sign displayed on premises where any physical excavation, construction, demolition, rehabilitation, structural alteration or related work is currently occurring, pursuant to a valid building permit. “Directional symbols” are small in size (two square feet or less) and intended to provide on-site directions to specific locations or areas (such as parking areas, drive-through facilities, ATMs and entries and/or exits), hours of operation, parking limitations, warnings of hazards, prohibition of activities (such as “no parking”), historical markers and similar public information. Directional symbols are not considered to be signage as regulated in this chapter. “Fixed sign” is any sign attached or affixed to the ground or any structure in such a manner so as to provide for continuous display for an extended or indeterminable period of time. Fixed signs include, but are not limited to, freestanding signs and wall signs. “Freestanding sign” is any sign that is not attached or affixed to a building. Freestanding signs can be further described as “monument signs” or “pole signs.” “Governmental sign” is a sign owned, operated or sponsored by a governmental entity, and which promotes the public health, safety or welfare. Governmental signs include, but are not limited to, traffic signs, directional and informational signs, publicly sponsored warning or hazard signs, and community event banners displayed by a governmental entity on public property. “Group sign” is a sign or signs on one sign structure serving two or more businesses sharing a parking facility. “Halo sign” is a sign where the light source is concealed behind an opaque face and the rays of illumination are projected outward around the edges of the sign or directed against the surface behind the sign forming a silhouette or halo effect. Halo signs are not considered to be internally illuminated signs for the purposes of this chapter. “Identification structure” is a structure intended to attract the attention of the public to a site, without the use of words or symbols identifying the businesses. Examples include fountains, sculptures, awnings, and totem poles. 9.1.c Packet Pg. 392 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) “Internally illuminated signs” include any sign where light shines through a transparent or semi-transparent sign face to illuminate the sign’s message. Exposed neon is considered to be a form of internal illumination. “Marquee” or “canopy” is a permanent roofed structure attached and supported by the building. “Marquee sign” is any sign attached to or made a part of a building marquee. A marquee sign is a form of projecting sign. “Monument signs” are freestanding signs that have integrated the structural component of the sign into the design of the sign and sign base. “Noncommercial sign” is a sign that is intended to display a religious, charitable, cultural, governmental, informational, political, educational, or artistic message, that is not primarily associated with a good, product, or service offered for sale or trade. Noncommercial signs include signs advertising incidental and temporary commercial activities conducted by churches and nonprofit businesses, clubs, groups, associations or organizations. “Off-premises sign” is any sign that advertises or relates to a good, product, service, event, or meeting, that is offered, sold, traded, provided, or conducted at some location or premises other than that upon which the sign is posted or displayed. Off-premises signs include all signs posted or displayed in the public right-of-way. “On-premises sign” is any sign that advertises or relates to a good, product, service, event, or meeting that is lawfully permitted to be offered, sold, traded, provided, or conducted at the 9.1.c Packet Pg. 393 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) location or premises upon which the sign is posted or displayed. On-premises signs also include signs not related to any particular location or premises, such as signs displaying religious, charitable, cultural, governmental, informational, political, educational, or artistic messages that are intentionally displayed by the owner of the property or premises upon which the sign is displayed. “Outline cabinet sign” is a permanent sign that is mounted on the face of a building that roughly follows the shape of the text or symbology of the sign and provides for internal illumination. This definition is meant to distinguish between a cabinet sign that follows the outlines of the letters of the sign and one that is essentially a rectangular box or a “boxed cabinet sign.” An “outlined cabinet sign” will be treated more like an “individual letter sign” where the area of the sign is calculated based on the actual outlined shape of the sign. “Permanent sign” is a fixed or portable sign intended for continuous or intermittent display for periods exceeding 60 days in any calendar year. “Pole signs” are freestanding signs where the structural support for the sign is one or more exposed pole(s). Pole signs may include community event banners where the banner is supported by at least two poles that are permanently attached to the ground (“pole-mounted community event banners”). However, pole signs with two poles that are not more than six feet in height are considered to be monument signs. “Portable sign” is any sign that is readily capable of being moved or removed, whether attached or affixed to the ground, or any structure that is typically intended for temporary display. Portable signs include, but are not limited to: 1. Signs designed and constructed with a chassis or support with or without wheels; 2. Pedestrian signs, including signs such as A-frame (sandwich board), stanchion, easel, or post-style signs intended as freestanding signs in pedestrian environments; 9.1.c Packet Pg. 394 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Left: Stanchion sign 3. Wooden, metal, or plastic “stake” or “yard” signs; 4. Posters or banners affixed to windows, railings, overhangs, trees, hedges, or other structures or vegetation, except for pole-mounted community event banners; 5. Signs mounted upon vehicles parked and visible from the public right-of-way, except signs identifying the related business when the vehicle is being used in the normal day-to-day operation of the business, and except for signs advertising for sale the vehicle upon which the sign is mounted; 6. Searchlights; 7. Inflatables. “Premises” is the actual physical area of the lot upon which a sign is posted or displayed. “Projecting sign” is any sign attached or affixed to a building or wall in such a manner that its leading edge extends more than 12 inches beyond the surface of such building or wall. 9.1.c Packet Pg. 395 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) “Reader board sign” is a sign that is designed to allow for a change in the message, either by adding or removing plastic letters, or by means of electronics and lights. Reader boards do not include signs which have a changeable message where the sign does not change more than once per day and where the changeable features are integrated with the background and overall design of the sign, including the sign’s typefaces, colors and symbology. Individual letters or numbers placed on a solid-colored background is considered to be a reader board. Two signs at left: Acceptable changeable message sign; Two signs at right: A reader board. “Real estate sign” is a sign displaying a message relating to the sale or rent of real property. “Sign” is any structure, device or fixture that is visible from a public place, that incorporates graphics, symbols, or written copy for the purposes of conveying a particular message to public observers, including wall graphics or identification structures. “Sign area” is the area of a sign on which copy is to be placed, as set forth in ECDC 20.60.020(A). 9.1.c Packet Pg. 396 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) “Temporary sign” is a sign intended for short-term display, not to exceed 60 calendar days in any calendar year. Window signs meeting the requirements of ECDC 20.60.035 are not regulated as temporary signs. “Wall graphic” is a wall sign, including murals, in which color and form, and primarily without the use of words, are a part of the overall design on the building(s) where the wall graphic is proposed. A wall graphic may be painted or applied (not to exceed one-half inch in thickness) to a building as a part of its overall color and design, but may not be internally lighted. Internally lighted assemblies, including those which project from the wall of the structure, or which are located on any accessory structure on the site, shall be considered wall signs and comply with the requirements of this chapter. “Wall sign” is a sign that is attached or affixed to a wall and that is parallel to and not projecting more than 12 inches at any angle from such wall. Wall signs include signs that are painted directly upon a wall. “Window sign” is a sign that is attached or affixed to a window, or a sign displayed within 24 inches of the inside of a window in such a manner as to be visible from any public place. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3800 § 1, 2010; Ord. 3631 § 1, 2007; Ord. 3628 § 8, 2007; Ord. 3561 § 1, 2005; Ord. 3514 § 1, 2004; Ord. 3461 § 2, 2003]. 20.60.010 Permit required. A. Except as provided in this chapter, no permanent sign may be constructed, installed, posted, displayed or modified without first obtaining a sign permit approving the proposed sign’s size, design, location, and display as provided for in this chapter. B. Design approval is not required for the posting of permanent signs in residential zones; provided, that the restrictions and standards of this chapter are met. If additional signage is requested for conditional or nonconforming uses in residential zones, the property owner shall apply for design review. Design review is not required for any sign which does not require a building permit. C. A sign modification shall include, but is not limited to, relocations, modifications to size, design, height or color scheme, or the replacement of 25 percent or more of the structural material in the sign area. Normal and ordinary maintenance and repair, and changes to the 9.1.c Packet Pg. 397 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) graphics, symbols, or copy of a sign, without affecting the size, structural design, height, or color scheme, shall not constitute modifications for purposes of this section. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3514 § 2, 2004; Ord. 3461 § 2, 2003]. 20. 60.015 Design review procedures. A. Staff Approval. Except as referred to the architectural design board pursuant to subsection (A)(1) of this section, and except as provided in subsection (B) of this section, the planning manager, or designee, shall review all applications refer design review applications to the architectural design board for the types of signs listed below, where the this chapter, and shall approve, conditionally approve or deny the application in accordance with the policies of ECDC 20.10.000 and the standards and requirements of this chapter; provided, that for murals and artwork the planning manager or designee shall review the application in accordance with the criteria set forth in subsection (C) of this section. The decision of the planning manager on any sign permit application shall be final except that signs reviewed by the architectural design board are appealable to the hearing examiner. 1. The planning manager or designee may refer design review applications to the architectural design board for the types of signs listed below, where the planning manager determines that the proposed sign has the potential for significant adverse impacts on community aesthetics or traffic safety: a. Any sign application for an identification structure as defined by this chapter; b. Any sign application for a wall graphic as defined by this chapter; c. Any proposed sign that the planning manager determines to be not consistent with the architectural features of the surrounding neighborhood. B. Review by Architectural Design Board. The architectural design board shall review those signs listed in subsection (B)(1) of this section and any sign permit referred by the planning manager pursuant to subsection (A)(1) of this section. 1. The ADB shall review any sign permit application that requests a modification to any of the standards prescribed by this chapter. The ADB shall only approve modification requests that arise from one of the following two situations: 9.1.c Packet Pg. 398 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) a. The request is for signage on a site that has a unique configuration, such as frontage on more than two streets, or has an unusual geometric shape or topography; b. The request is for signage on a building that has unique architectural elements or features or details that substantially restrict the placement or size of signage relative to other buildings in the vicinity. 2. The ADB may approve the requested modification only if it meets the following criteria: a. The design of the proposed signage must be compatible in its use of materials, colors, design and proportions with development throughout the site and with similar signage in the vicinity; b. In no event shall the modification result in signage which exceeds the maximum normally allowed by more than 50 percent. C. Staff Review of Murals and Artwork. When a proposed wall graphic is proposed as a mural or artwork, the planning manager or designee shall review and approve, conditionally approve, or deny the application in accordance with the following criteria. While a separate sign permit is required for each wall graphic, the staff may make a single design review decision on wall graphics that consist of related murals or artwork. Related murals or artwork may include multiple proposals for sites within reasonable proximity to each other that are related by theme, style, materials used, and/or context. The decision of the staff on any design review application containing a mural or art as a wall graphic may be appealed to the hearing examiner pursuant to the procedure established in Chapter 20.06 ECDC. 1. Art, like other exercises of First Amendment rights, may be limited by reasonable time, place, and manner restrictions. In this case, these criteria will be utilized to enhance the aesthetics of the city and to ensure quality and maintenance standards are observed. No recommendation shall be based upon the content or message expressed by an artist or in a work of art. Applicants are encouraged to coordinate their artwork with the design or architectural elements of the building and the historic and pedestrian-oriented character of the downtown area. 2. Specific submission requirements for design review include, but are not limited to: a. Site sketch showing locations of artwork; 9.1.c Packet Pg. 399 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) b. Minimum one-fourth-inch scale color drawings of the art concept or art component; c. Material/color samples; d. Written Proposal. A written proposal in eight-and-one-half-inch-by-11-inch format to include a description and summary of a final design proposal for the artwork; detailed maintenance requirements; a schedule for development, fabrication, and completion; artist’s resume; and evidence of assumption of liability by applicant or designee; and e. When required pursuant to ECDC 20.45.050, a certificate of appropriateness shall be obtained from the historic preservation commission for murals on designated historic structures or within a designated historic district. 3. Review Criteria. Review criteria for the design review include: a. Quality of the materials used to create the artwork. Materials should be resistant to fading; no fluorescent paints; b. Durability and permanence, including ability to withstand age, vandalism, and weathering. Consideration should be given to anti-graffiti coating; and c. Compatibility of the artwork with architectural elements, other elements of the street, and adjacent structures. Compatibility shall be determined by relationships of the elements of form, proportion, scale, color, materials, surface treatment, and size and style of lettering. Lettering shall be minimized, but may be considered for inclusion when necessary to the artistic content. D. Notwithstanding the provisions of subsections (A), (B), and (C) of this section, sign permit applications shall not be referred to or reviewed by the architectural design board if the proposed sign constitutes a modification to an existing sign and involves no significant alteration or modification to the size, height, design, lighting or color of the existing sign. Sign permit applications for such sign modifications shall be processed and subject to review in the same manner as provided for staff review in subsection (A) of this section. [Ord. 4154 § 22 (Att. D), 2019; Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3800 § 1, 2010; Ord. 3736 § 60, 2009; Ord. 3461 § 2, 2003]. 9.1.c Packet Pg. 400 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 20.60.020 General regulations for permanent signs. A. Sign Area. The area of a sign shall be calculated as follows: 1. The area of a sign is maximum actual area of a sign that is visible from any single point of observation from any public vantage point. The sign area is normally the smallest rectangle that encloses the entire copy area of the sign. 2. Individual letters, numbers or symbols applied directly to a wall or structure and used to form the sign shall be calculated individually. 3. Supporting structures which are part of a sign display shall be included in the calculation of the sign area, except that the supporting structure of a monument sign or pole sign shall not be included when calculating the sign area. Left: Sign area = X * Y Right: Applied individual letters are calculated separately. 9.1.c Packet Pg. 401 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Monument sign: The base is not included in the calculation of sign area (dashed rectangle). B. When located on a wall or mansard roof, no sign may extend above the highest point of the wall or mansard roof when the mansard roof is on a one-story building. Other than a mansard roof on a one-story building, a sign may not be attached above the eave or drip line on a pitched roof. C. Except for pole-mounted community event banners, no sign or any part of a sign may be designed or constructed to be moving by any means and shall not contain items such as banners, ribbons, streamers and spinners. Signs with type that is movable to change the message (reader boards) are allowed, subject to the specific requirements detailed elsewhere in this chapter. D. Signs that extend into or over a public right-of-way shall comply with Chapter 18.70 ECDC. E. Exposed braces and angle irons are prohibited unless they are part of a decorative design that is integral to the design of the sign. Guywires are prohibited unless there are no other practical means of supporting the sign. F. No sign shall have blinking, flashing, fluttering or moving lights or other illuminating device which has a changing light density or color; provided, however, temperature and/or time signs that conform in all other respects to this chapter are allowed. Electronic reader boards may have messages that change; however, moving messages are not allowed. Messages that change at intervals less than 20 seconds will be considered blinking or flashing and not allowed. G. No light source which exceeds 20 watts shall be directly exposed to any public street or adjacent property. H. No illumination source of fluorescent light shall exceed 425 milliamps or be spaced closer than eight inches on center. I. No commercial sign shall be illuminated after 11:00 p.m. unless the commercial enterprise is open for business and then may remain on only as long as the enterprise is open. J. No window signs above the first floor shall be illuminated. K. Sign height shall be determined as follows: 9.1.c Packet Pg. 402 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 1. For attached signs, sign height is the vertical distance from the highest point on the sign to the average finished grade. 2. For freestanding signs, sign height is the vertical distance from the highest point of the sign area or its support to the average elevation of the finished grade at the base of the supports. L. Portable signs may not be used as permanent signage; only fixed signs are permitted. M. The following matrix summarizes the types of signs permitted in each neighborhood/district within the city: Sign Type Downtown1 SR-992 Westgate/SR-1043 Neighborhood Commercial (BN, BP and FVMU Zones) Business Uses in RM Zones Wall-Mounted P P P P P Monument C P P C C Pole N P N N N Projecting P P P P P Internal Illumination C P P C N Reader Boards C C C C C Individual Letters P P P P P Boxed Cabinet N P C C N Building ID P P P P P 9.1.c Packet Pg. 403 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Sign Type Downtown1 SR-992 Westgate/SR-1043 Neighborhood Commercial (BN, BP and FVMU Zones) Business Uses in RM Zones Pedestrian P N N N N Wall Graphics C C C C C 1 Downtown includes all properties within the downtown activity center defined in the comprehensive plan. 2 SR-99 includes all properties within the medical/Highway 99 activity center and the Highway 99 corridor defined in the comprehensive plan. 3 Westgate/SR-104 includes all properties within the Westgate corridor, the Edmonds Way corridor, and within the Westgate community commercial area, as defined in the comprehensive plan. Note: In the above table, P = Permitted; N = Not permitted; C = Conditionally permitted if consistent with the standards itemized in subsection (N) of this section. N. The following standards clarify how some signs identified as “conditionally permitted” must be installed to be permitted in the city of Edmonds: 1. Monument signs over six feet in height must be reviewed to ensure that the materials, colors, design and proportions proposed are consistent with those used throughout the site. 2. Internally illuminated signs in the downtown area and neighborhood commercial areas may only light the letters or logos/symbols. The background of a sign face may not be illuminated. 3. Internally illuminated signs in the downtown area and the neighborhood commercial areas must be mounted on the wall of the building. They may not be mounted on or under an attached awning. 4. Internally illuminated signs that use exposed neon may only be located in the interior of buildings in the downtown area and the neighborhood commercial areas. 5. Internally illuminated signs in the downtown area shall not be permitted to be higher than 14 feet in height. 9.1.c Packet Pg. 404 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 6. Reader board messages are limited to alphanumeric messages only. 7. Reader boards are only permitted for public uses or places of public assembly. Public uses and places of assembly include, but are not limited to, schools and churches as well as local and regional public facilities. 8. The background color of a boxed cabinet sign face must be coordinated with and complement the colors used on the building. 9. The background color of a boxed cabinet sign face must be opaque and not allow any internal illumination to shine through. [Ord. 4314 § 81 (Exh. A), 2023; Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3631 § 2, 2007; Ord. 3461 § 2, 2003]. 20.60.025 Total maximum permanent sign area. A. Business and Commercial Zone Districts (BN, BP, BC, BD, WMU, CW and CG). 1. The maximum total permanent sign area for allowed or permitted uses in the BN, BC, BD and CW zones shall be one square foot of sign area for each lineal foot of wall containing the main public entrance to the primary building or structure located upon a separate legal lot. Within the downtown activity center defined in the comprehensive plan, six square feet of sign area is added to the maximum permanent sign area available for each ground floor storefront. 2. The maximum total permanent sign area for allowed or permitted uses in the CG zone shall be one square foot of sign area for each lineal foot of building frontage along a public street and/or along a side of the building containing the primary public entrance to a maximum of 200 square feet. The allowable sign area shall be computed separately for each qualifying building frontage, and only the sign area derived from that frontage may be oriented along that frontage. Sign areas for wall-mounted signs may not be accumulated to yield a total allowable sign area greater than that permitted upon such frontage, except that businesses choosing not to erect a freestanding sign may use up to 50 percent of their allowable freestanding sign area for additional attached sign area. Use of the additional area shall be subject to the review of the architectural design board. 9.1.c Packet Pg. 405 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 3. The maximum total permanent sign area may be divided between wall, projecting, and freestanding signs, in accordance with regulations and maximum sign area and height for each type of sign, as provided in ECDC 20.60.030 through 20.60.050. Projecting signs (including blade signs) of four square feet or less and window signs meeting the requirements of ECDC 20.60.035 do not count against the total permanent sign area permitted. 4. The maximum number of permitted permanent signs is three per site, or three per physically enclosed business space on commercial sites with multiple business tenants. A site with more than one street frontage is allowed a maximum of five signs. Projecting (including blade) signs of four square feet or less and window signs meeting the requirements of ECDC 20.60.035 do not count against the total number of permitted permanent signs. Multi-tenant sites are allowed one additional group sign per street frontage identifying the individual subtenants at the site. The total sign area of all signs permitted on site must also comply with the maximum total permanent sign area specified in this chapter. 5. Where permitted, pedestrian signs do count against the permanent sign area and the number of signs permitted. B. Residential Zone Districts (RS, RM). 1. The maximum allowable signage area for individual residential lots shall be four square feet per street frontage, except as provided in subsection (B)(2) of this section. 2. The maximum allowable signage area for formal residential subdivisions, planned residential developments (PRD), or multifamily structures containing at least 10 dwelling units shall be 10 square feet per main street entrance into the subdivision or PRD. Only one sign may be provided at each main entrance. 3. The maximum total permanent sign area may be divided between wall and freestanding signs, in accordance with regulations and maximum sign area and height for each type of sign, as provided in ECDC 20.60.030 through 20.60.050. Window signs meeting the requirements of ECDC 20.60.035 do not count against the total permanent sign area permitted. 9.1.c Packet Pg. 406 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 4. Signage in excess of that provided in subsections (B)(1) and (2) of this section for lawful nonconforming or conditional nonresidential uses in residential zones may be approved through the issuance of a sign permit pursuant to ECDC 20.60.010, subject to the maximum area and height limitations established for signs in the BN zone. 5. The maximum number of permitted permanent signs is one, except that multifamily sites with more than one vehicular entrance may have one permanent sign per entrance. The total sign area of all signs (excluding incidental signs) permitted on site must also comply with the maximum total permanent sign area specified in this chapter. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3805 § 1, 2010; Ord. 3628 § 9, 2007; Ord. 3461 § 2, 2003]. 20.60.030 Wall signs – Maximum area and height. A. The maximum area of any wall sign shall be as follows: Zone Maximum Area of Sign RS, RM 4 square feet BN, BP, BC, BD, CW, CG, WMU, FVMU 1 square foot per lineal foot of attached wall B. The maximum height of any attached sign shall be as follows: Zone Maximum Height of Sign RS, RM 6 feet BN, BP, BC, BD, CW, CG, 14 feet or the height of the face of the building on which the sign is 9.1.c Packet Pg. 407 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Zone Maximum Height of Sign WMU, FVMU located, consistent with ECDC 20.60.020(B) [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3628 § 10, 2007; Ord. 3461 § 2, 2003]. 20.60.035 Window signs – Maximum area. The maximum area of any window sign shall be as follows: Zone Maximum Area of Sign RS, RM 4 square feet BN, BP, BC, BD, CW, CG, WMU, FVMU 1 square foot per each lineal foot of window frontage [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3628 § 11, 2007; Ord. 3461 § 2, 2003]. 20.60.040 Projecting signs – Maximum area and height restrictions. A. The maximum area of any projecting sign shall be as follows: Zone Maximum Area of Sign RS, RM Not permitted 9.1.c Packet Pg. 408 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Zone Maximum Area of Sign BN, BP, BC, BD, CW, WMU, FVMU 16 square feet CG 32 square feet B. The maximum height of any projecting sign shall be as follows: Zone Maximum Height of Sign RS, RM Not permitted BN, BP, BC, BD, CW, CG, WMU, FVMU Height of the wall to which the sign is attached C. The sign area of a marquee sign may not exceed two feet in vertical dimension. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3628 § 12, 2007; Ord. 3461 § 2, 2003]. 20.60.045 Freestanding signs – Regulations. A. Regulation. Permanent freestanding signs are discouraged. Freestanding signs shall be approved only where the applicant demonstrates by substantial evidence that there are no reasonable and feasible alternative signage methods to provide for adequate identification and/or advertisement. B. Maximum Area. The maximum area of a freestanding sign shall be as follows: Zone Maximum Area of Sign 9.1.c Packet Pg. 409 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Zone Maximum Area of Sign RS, RM 10 square feet (subdivision, PRD, multifamily) 4 square feet (individual residence sign) BN, BP 24 square feet (single) 48 square feet (group) BC, BD, WMU, FVMU 32 square feet (single) 48 square feet (group) CW 32 square feet (single) 48 square feet (group) CG Sign area shall be governed by subsection (C) of this section C. Allowable Sign Area for Freestanding Signs – CG Zone. The total allowable sign area for freestanding signs on general commercial sites shall be 56 square feet or one-half square foot of sign area for each lineal foot of street frontage, whichever is greater, up to a maximum of 160 square feet of freestanding sign area. Freestanding signs count against the overall allowable permanent sign area. Multiple business or tenant sites shall further be allowed an additional 24 square feet of freestanding sign area for each commercial tenant or occupant in excess of one up to a maximum sign area of 160 square feet. Corner lots choosing to accumulate sign area under the provisions of subsection (E) of this section shall be limited to 160 square feet. D. Maximum Height. The maximum sign height of freestanding signs shall be as follows: 9.1.c Packet Pg. 410 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Zone Maximum Height of Sign RS, RM 6 feet BN, BP, BC, BD, CG, CW, WMU, FVMU 14 feet E. Location. Freestanding signs shall be located as close as possible to the center of the street frontage on which they are located. Except for pole-mounted community event banners, freestanding signs may not be located on public property. Sites on a corner of two public streets may have one sign on the corner instead of a sign for each frontage. Monument signs not more than six feet in height may be located in a zoning setback, but not less than five feet from a property line. F. Number. In all zones, each lot or building site shall be permitted no more than one freestanding sign, except in the business and commercial zones where a lot or site has frontage on two arterial streets, in which case there may be permitted one sign per street frontage subject to the restrictions on area contained within this chapter. G. Landscaping. 1. Each freestanding sign shall have a landscaped area twice the size of the sign area at the base of the sign. The landscaping and sign base shall be protected from vehicles by substantial curbing. 2. The applicant shall provide a landscape performance bond in the amount of 125 percent of the estimated costs of the landscaping, or $1,000, whichever is more. The bond shall be processed in accordance with Chapter 17.10 ECDC. [Ord. 4078 § 2 (Exh. 2), 2017; Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3631 § 3, 2007; Ord. 3628 § 13, 2007; Ord. 3461 § 2, 2003]. 9.1.c Packet Pg. 411 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 20.60.050 Wall graphic and identification structures. There are no area restrictions on wall graphics or identification structures. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 20.60.055 Pedestrian signs. Pedestrian signs are only permitted on private property and in the adjacent right-of-way in the BC, BD, CW, and CG zones located within the downtown waterfront activity center, as defined in the comprehensive plan. Pedestrian signs are only permitted if they meet the following requirements: A. Pedestrian signs may be permitted to be located either (1) between the business storefront and the public right-of-way, or (2) on the sidewalk in front of the business storefront if the pedestrian sign meets the following standards: 1. Only one pedestrian sign is permitted per ground floor storefront; 2. Businesses may make arrangements to rotate their pedestrian signs provided they meet the one-sign-per-storefront standard; 3. The sign shall be located within 10 feet of the building entry and must be placed within two feet of the building. The planning and development director may approve an alternative location under the following circumstances: a. An alternative location in front of the building or on the property occupied by the business is less intrusive to pedestrian movement or accessibility; or b. The building containing the business is set back from the property line and a location on the property can be provided such that the sign does not encroach onto a public sidewalk; 4. A business located on a corner property shall have no more than one pedestrian sign, regardless of the number of streets the business fronts on; 5. If located on or near a sidewalk, building entry or pedestrian way, the sign shall be located to provide a clear zone consistent with ECDC 18.70.030(C); 9.1.c Packet Pg. 412 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 6. Pedestrian signs cannot be left outside during hours that the business is closed to the public; 7. Pedestrian signs are limited to: a. Six square feet in area, two and one-half feet in width, and three and one-half feet in height for A-frame or sandwich board signs; and b. Six square feet in area, two and one-half feet in width, and four and one-half feet in height for stanchion, easel or other types of pedestrian signs. [Ord. 4299 § 51 (Exh. A), 2023; Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016]. 20.60.060 Campaign signs. A. On-premises campaign signs are permitted as a form of temporary signage in all zones, subject to the maximum sign size limitations set forth in ECDC 20.60.080. B. Off-premises campaign signs are permitted as a form of temporary signage in the public right-of-way; provided, that the following requirements are met: 1. All campaign signs shall be posted in accordance with the regulations set forth in ECDC 20.60.080(B). 2. All off-premises campaign signs shall be removed within 10 days after the primary, general, or special election to which they pertain. 3. Off-premises campaign signs shall be posted and displayed no earlier than upon declaration of candidacy in accordance with Chapter 29.15 RCW, or other formal registration or certification of the candidate, party, initiative, referendum or other ballot issue for an upcoming election, or 60 days prior to the election, whichever time period is greater. C. There is no maximum number of off-premises campaign signs that may be posted. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 9.1.c Packet Pg. 413 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 20.60.065 Real estate signs. A. On-premises real estate signs are permitted as a form of temporary signage in residential and commercial zones, subject to the maximum signage area and sign number limitations set forth in ECDC 20.60.080. B. Off-premises real estate signs are permitted as a form of temporary signage, subject to the following requirements: 1. Two and only two types of off-premises real estate signs shall be permitted: a. An off-premises real estate directional sign is a sign displaying a directional arrow and either a company or logo, or an indication that the property is for sale by its owner, and installed for the purpose of directing the public to the property. b. An off-premises open house sign is a form of temporary off-premises sign indicating the property is currently open for viewing. 2. All off-premises real estate signs shall be posted in accordance with the regulations set forth in ECDC 20.60.080(B). 3. The maximum number of off-premises real estate signs allowed per property shall only be the number reasonably necessary to direct people to the premises. An agent or owner shall be permitted no more than one off-premises real estate directional sign per intersection and five in total. No more than one off-premises open house sign shall be displayed per intersection and no more than five in total. a. Each off-premises real estate directional sign shall bear a legible tag located on the sign or supporting post indicating the date of posting and the address of the property to which it pertains. b. Off-premises real estate open house signs shall only be posted during daylight hours when the real estate agent or owner is in attendance at the property for sale or rent, and shall be removed immediately upon the termination of an “open house” or other similar property display event. 4. No off-premises real estate signs shall be fastened to any traffic control device, public structure, fence, rock, tree or shrub. 9.1.c Packet Pg. 414 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) C. All on-premises and all off-premises real estate directional signs shall be removed within seven days after the closing of the sale or lease of real property to which the sign pertains. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 20.60.070 Construction signs. Construction signs shall, irrespective of their duration, conform to the general regulations for permanent signs specified under ECDC 20.60.020. Notwithstanding any other provision of this chapter, the maximum area of a construction sign in any zone shall be 32 square feet. No sign permit is required for the posting of construction signs; provided, that all construction signs shall be removed from the premises within 10 days of the cessation of the excavation, construction, demolition, rehabilitation, structural alteration or related work on site. Zone Maximum Area of Signage (per Street Frontage) RS 16 square feet, or 32 square feet if one sign is displayed for a project consisting of building permits issued for four lots or more. Only one sign may be displayed per project. All other zones 32 square feet The preceding square footages shall be in addition to any other temporary signage permitted by ECDC 20.60.080. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3514 § 3, 2004]. 9.1.c Packet Pg. 415 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 20.60.075 Governmental signs. Governmental signs, while exempt from the processes and development regulations required by this chapter, shall be erected and maintained subject to rules and procedures established by the planning and development director. In all cases, the city retains the right to remove any governmental sign at its sole discretion. [Ord. 4299 § 52 (Exh. A), 2023; Ord. 4064 § 1 (Att. A), 2017]. 20.60.080 Temporary signs. A. On-Premises Temporary Signs. On-premises temporary signs are permitted in residential and commercial zones, in addition to any allowed or permitted permanent signage, subject to the following restrictions and standards: 1. Residential Zones (RS, RM). a. Only portable, freestanding or attached signs may be used as temporary signage. b. Commercial on-premises temporary signage is not permitted, except for real estate signs as defined by ECDC 20.60.065. c. Maximum number is one attached or freestanding sign. 2. Commercial Zones (BN, BP, BC, BD, WMU, FVMU, CW, CG). a. Only attached signs may be used for temporary signage. Attached signs may be affixed to any existing building or sign structure that is permitted as a permanent structure on the property. New temporary structures whose sole purpose is to display the temporary sign are not otherwise permitted. b. Maximum duration of display is 60 days in any calendar year for the cumulative posting of all temporary commercial signage upon each commercial location or premises. c. Maximum number of temporary signs is one freestanding sign per property street frontage, and one attached sign per building. 3. The total maximum area of on-premises temporary signage shall be as follows: 9.1.c Packet Pg. 416 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Zone Maximum Area of Temporary Sign RS, RM 6 square feet BN, BP, BC, BD, CW, WMU, FVMU 20 square feet CG 30 square feet 4. The total maximum area for each allowed on-premises temporary sign shall be as follows: Zone Maximum Area of Temporary Sign RS, RM 6 square feet (freestanding and attached) BN, BP, BC, BD, CW, WMU, FVMU 20 square feet (attached) CG 30 square feet (attached) 5. The maximum height of any allowed on-premises temporary sign shall be as follows: Zone Maximum Height of Sign 9.1.c Packet Pg. 417 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Zone Maximum Height of Sign RS, RM 6 feet (freestanding and attached) BN, BP, BC, BD, CW, CG, WMU, FVMU 14 feet (attached) 6. In no case shall temporary signage be posted, located, or displayed in violation of the regulations for permanent signs set forth in ECDC 20.60.020 through 20.60.050. B. Off-Premises Temporary Signage. Off-premises temporary signs are allowed in residential and commercial zones, in accordance with the restrictions and standards set forth below: 1. Commercial off-premises temporary signage is prohibited, except for real estate signs as permitted by ECDC 20.60.065; provided, that such off-premises real estate signs shall be posted, displayed, and removed as provided for in that section, in addition to the provisions of subsections (B)(5) through (9) of this section. 2. Noncommercial off-premises signs are permitted in the public right-of-way; provided, that the posting and display of off-premises signs in the public right-of-way shall require a street use permit where required pursuant to Chapter 18.70 ECDC. 3. Maximum duration of display for all temporary off-premises signs is a cumulative of 60 days in any calendar year, except as otherwise provided in ECDC 20.60.060 for campaign signs. Display may be continuous or intermittent, except as otherwise provided in this section. 4. Except for campaign signs as provided in ECDC 20.60.060, all off-premises noncommercial signs relating to a specific meeting, event, or occurrence shall be removed within 48 hours following the conclusion of the meeting, event, or occurrence to which they relate. 9.1.c Packet Pg. 418 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 5. Only portable freestanding signs may be used as temporary off-premises signage; provided, that the following types of portable freestanding signs are prohibited from use as an off-premises sign: a. Signs with a vehicular chassis or support with or without wheels; b. Posters and banners; c. Signs mounted upon vehicles; d. Searchlights; e. Inflatables. 6. Maximum number of allowed off-premises signs to be displayed simultaneously shall be one sign per sign poster except as provided in ECDC 20.60.060 for campaign signs and in ECDC 20.60.065 for real estate signs. 7. Maximum allowable sign area for all temporary off-premises freestanding signs is six square feet. 8. Maximum allowable sign height for all permitted off-premises signs is three feet. 9. All off-premises temporary signage shall be posted and displayed in accordance with the following restrictions: a. Off-premises signs may not be placed in any portion of the public right-of-way typically used by motor vehicles in a lawful manner. b. Off-premises signs shall be placed so as not to impede pedestrian, bicycle, or handicapped travel or access. c. Off-premises signs shall not be posted in a manner or location which impairs traffic safety by unreasonably blocking line of sight at intersections. d. Off-premises signs shall be constructed of suitable material and design to adequately withstand the reasonably expected normal or average weather conditions during the intended display period of the sign. e. Off-premises signs shall be regularly inspected to ensure that they have not been damaged or destroyed by natural forces or vandalism. Damaged and destroyed signs 9.1.c Packet Pg. 419 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) shall be immediately removed or repaired so as to avoid threats to public health and safety or the accumulation of unclaimed refuse upon the public rights-of-way. f. Off-premises signs shall not be posted upon public property other than the public right-of-way, and shall further not be posted within or upon planter boxes and flower beds within the publicly maintained landscaped portions of the public right-of-way. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3628 § 14, 2007; Ord. 3461 § 2, 2003]. 20.60.090 Prohibited signs. A. General. All signs not expressly permitted by this chapter are prohibited. B. Hazards. Signs which the director of public works determines to be a hazard to vehicle or water traffic because they resemble or obscure a traffic control device, or because they obscure visibility needed for safe traffic passage, are prohibited. These signs shall be removed if they already exist. C. Confiscation of Prohibited Signs in Public Rights-of-Way. All signs which are located within a public right-of-way and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation. D. Any signs confiscated by the city shall be held for 10 working days after which such signs may be destroyed or otherwise disposed of. The owner of any confiscated signs may recover the same upon payment of a $25.00 fee to cover the cost of confiscation and storage. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 20.60.095 Exempt signs. The following types of signs are exempted from regulations of this chapter, except that the dimensional and placement standards shall apply unless variance is required by other provisions of local, state or federal law: A. Signs required by provision of local, state, or federal law. B. Official public notices required by provision of local, state, or federal law. 9.1.c Packet Pg. 420 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) C. Signs not visible from a public location. D. Seasonal and holiday displays not incorporating the use of written copy or graphics to convey a message. E. Gravestones. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 20.60.100 Administration. A. General. The planning and development director is responsible for administering and enforcing the provisions of this chapter. He or she shall adopt application requirements for sign permits. Fees shall be as stated in ECDC 15.00.020. B. Installation Permits. Many signs require installation permits under Chapter 19.45 ECDC and may require plan checking fees as well. C. Notice of Violation. Whenever the planning director becomes aware of a violation of the provisions of this chapter, the planning director shall cause a notice to be sent to the alleged violator informing him or her of the violation, the applicable code section, and a time within which to remedy the violation. The notice shall also advise of the penalties for continued violation of the code as specified in this chapter. If the violation has not been corrected within the time limit specified, the planning director shall refer the matter to the city attorney’s office for institution of appropriate legal action. D. Penalty. Any person violating any provision of this code shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of $25.00 for each day of continued violation. [Ord. 4314 § 82 (Exh. A), 2023; Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. The Edmonds Community Development Code is current through Ordinance 4375, passed December 10, 2024. 9.1.c Packet Pg. 421 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Disclaimer: The city clerk’s office has the official version of the Edmonds Community Development Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 9.1.c Packet Pg. 422 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Chapter 16.43 BD – DOWNTOWN BUSINESS Sections: 16.43.000 Purposes. 16.43.010 Subdistricts. 16.43.020 Uses. 16.43.030 Site development standards. 16.43.035 Design standards – BD zones. 16.43.040 Operating restrictions. 16.43.000 Purposes. The BD zone has the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC: A. Promote downtown Edmonds as a setting for retail, office, entertainment and associated businesses supported by nearby residents and the larger Edmonds community, and as a destination for visitors from throughout the region. B. Define the downtown commercial and retail core along streets having the strongest pedestrian links and pedestrian-oriented design elements, while protecting downtown’s identity. C. Identify supporting arts and mixed-use residential and office areas which support and complement downtown retail use areas. Provide for a strong central retail core at downtown’s focal center while providing for a mixture of supporting commercial and residential uses in the area surrounding this retail core area. D. Focus development between the commercial and retail core and the Edmonds Center for the Arts on small-scale retail, service, and multifamily residential uses. [Ord. 3918 § 1 (Att. 1), 2013; Ord. 3700 § 1, 2008]. 9.1.c Packet Pg. 423 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 16.43.010 Subdistricts. The “downtown business” zone is subdivided into five distinct subdistricts, each intended to implement specific aspects of the comprehensive plan that pertain to the Downtown Waterfront Activity Center. Each subdistrict contains its own unique mix of uses and zoning regulations, as described in this chapter. The five subdistricts are: BD1 – Downtown Retail Core; BD2 – Downtown Mixed Commercial; BD3 – Downtown Convenience Commercial; BD4 – Downtown Mixed Residential; BD5 – Downtown Arts Corridor. [Ord. 3918 § 1 (Att. 1), 2013; Ord. 3700 § 1, 2008]. 16.43.020 Uses. A. Table 16.43-1. Permitted Uses BD1 BD1 GFSF(1) BD2 BD3 BD4 BD5 Commercial Uses Retail stores or sales A A A A A A Offices A X A A A A Legal/law firms A X A A A A Financial A X A A A A Advising A X A A A A 9.1.c Packet Pg. 424 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Permitted Uses BD1 BD1 GFSF(1) BD2 BD3 BD4 BD5 Mortgage A X A A A A Banks (without tellers) A X A A A A Accounting A X A A A A Counseling A X A A A A Architecture A X A A A A Engineering A X A A A A Advertising A X A A A A Insurance A X A A A A Fitness related business (yoga/pilates/gym/fitness club) A X A A A A Service uses A A(2) A A A A Retail sales requiring intensive outdoor display or storage areas, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment storage, sales or services X X X X X X Enclosed fabrication or assembly areas associated with and on the same property as an art studio, art gallery, restaurant, microbreweries/distilleries or food service establishment that also provides an on-site retail A A A A A A 9.1.c Packet Pg. 425 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Permitted Uses BD1 BD1 GFSF(1) BD2 BD3 BD4 BD5 outlet open to the public Automobile sales and service X X A A X X Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents C X A A A X Printing, publishing and binding establishments C X A A A C Public markets licensed pursuant to provisions in Chapter 4.90 ECC1 A A A A A A Outdoor dining meeting the criteria of Chapter 17.75 ECDC B B B B B B Residential Single-family dwelling A X A A A A Multiple dwelling unit(s) – see ECDC 16.43.030(B) for further location standards A X A A A A Other Uses Bus stop shelters A A A A A A Churches, subject to the requirements of ECDC 17.100.020 A A A A A A Primary and high schools, subject to the requirements of ECDC 17.100.050(G) through (R) A X A A A A 9.1.c Packet Pg. 426 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Permitted Uses BD1 BD1 GFSF(1) BD2 BD3 BD4 BD5 Local public facilities, subject to the requirements of ECDC 17.100.050 C C C C A C Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070 A A A A A A Off-street parking and loading areas to serve a permitted use B X B B B B Commuter parking lots in conjunction with a facility otherwise permitted in this zone B X B B B X Commercial parking lots C X C C C X Wholesale uses X X X C X X Hotels and motels A A A A A A Amusement establishments C C C C C C Auction businesses, excluding vehicle or livestock auctions C X C C C C Drive-in/through businesses (businesses with drive through facilities) X X C A C X Laboratories X X C C C X Fabrication of light industrial products not otherwise listed as a permitted use X X X C X X 9.1.c Packet Pg. 427 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Permitted Uses BD1 BD1 GFSF(1) BD2 BD3 BD4 BD5 Day care centers C X C C A C Hospitals, health clinics, convalescent homes, rest homes, sanitariums X X C C A X Medical uses, e.g., A X A A A A Physicians A X A A A A Dental A X A A A A Optometrist (without retail) A X A A A A Physical therapy (without retail) A X A A A A Counseling A X A A A A Other similar medical services A X A A A A Museums and art galleries of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 A A A A A A Zoos and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 C X C C C A Counseling centers and residential treatment facilities for current alcoholics and drug abusers X X C C A X Regional parks and community parks without a master plan subject to the requirements of ECDC C C C C C C 9.1.c Packet Pg. 428 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Permitted Uses BD1 BD1 GFSF(1) BD2 BD3 BD4 BD5 17.100.070 Outdoor storage, incidental to a permitted use D X D D D D Aircraft landings as regulated by Chapter 4.80 ECC X X D D D D A = Permitted primary use B = Permitted secondary use C = Primary uses requiring a conditional use permit D = Secondary uses requiring a conditional use permit X = Not permitted NOTES: 1 BD1 Zone GFSF = Ground Floor Designated Street Frontage (first 45 feet measured from public rights-of-way/sidewalk or parks/plazas) as defined under Edmonds Community Development Code Map 16.43-1: Designated Street Front for BD Zones. Buildings set back 15 feet or more from the sidewalk shall not be subject to the BD1 Zone GFSF requirements. 2 Services – by appointment uses not providing open door retail/dining/entertainment functions as a primary component of the business are not allowed within BD1 GFSF (first 45 feet). Open door businesses, e.g., real estate offices, banks (with tellers and no drive-throughs), nail and hair salons are allowed. For conditional uses listed in Table 16.43-1, the use may be permitted if the proposal meets the criteria for conditional uses found in Chapter 20.05 ECDC, and all of the following criteria are met: 1. Access and Parking. Pedestrian access shall be provided from the sidewalk. Vehicular access shall only be provided consistent with ECDC 18.80.060. When a curb cut is necessary, it shall be landscaped to be compatible with the pedestrian streetscape and shall be located and designed to be as unobtrusive as possible. 9.1.c Packet Pg. 429 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 2. Design and Landscaping. The project shall be designed so that it is oriented to the street and contributes to the pedestrian streetscape environment. Fences more than four feet in height along street lot lines shall only be permitted if they are at least 50 percent open, such as a lattice pattern. Blank walls shall be discouraged, and when unavoidable due to the nature of the use shall be decorated by a combination of at least two of the following: a. Architectural features or details; b. Artwork; c. Landscaping. B. Exception to the BD1 GSFS. The owner of a building in the BD1 zone may apply for an exception from the restrictions on offices and medical uses within the designated street front for leasable space meeting all of the following criteria: 1. The space is less than 500 square feet; 2. The space does not contain direct access to the street or sidewalk; 3. The previous use was a nonconforming use (e.g., not retail); and 4. The space has been vacant for a period of more than six months. [Ord. 4333 § 8 (Exh. A), 2023; Ord. 4314 § 43 (Exh. A), 2023; Ord. 4282 § 3 (Exh. B), 2022; Ord. 3955 § 1 (Att. A), 2014; Ord. 3932 § 6, 2013; Ord. 3918 § 1 (Att. 1), 2013; Ord. 3700 § 1, 2008]. 16.43.030 Site development standards. A. Table 16.43-2. 9.1.c Packet Pg. 430 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Sub District Minimum Street Setback Minimum Side Setback1 Minimum Rear Setback1 Maximum Height2 Minimum Height of Ground Floor within the Designated Street Front4 BD15 0 0 0 30' 15' BD25 0 0 0 30' 12' BD35 0 0 0 30' 12' BD43,5 0 0 0 30' 12' BD55 0 0 0 25' 12' 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. 2 Specific provisions regarding building heights are contained in ECDC 16.43.030(C). 3 Within the BD4 zone, site development standards listed in Table 16.43-2 apply when a building contains a ground floor consisting of commercial space to a depth of at least 45 feet measured from the street front of the building. If a proposed building does not meet this ground floor commercial space requirement (e.g., an entirely residential building is proposed), then the building setbacks listed for the RM-1.5 zone shall apply. See ECDC 16.43.030(B)(8) for further details. 4 “Minimum height of ground floor within the designated street-front” means the vertical distance from top to top of the successive finished floor surfaces for that portion of the ground floor located within the designated street front (see ECDC 16.43.030(B)); and, if the ground floor is the only floor above street grade, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. “Floor finish” is the exposed floor surface, including coverings applied over a finished floor, and includes, but is not limited to, wood, vinyl flooring, wall-to-wall carpet, and concrete, as illustrated in Figure 16.43-1. Figure 9.1.c Packet Pg. 431 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 16.43-1 shows an example of a ground floor height of 15 feet; note that the “finished” ceiling height is only approximately 11 feet in this example. 5 Site development standards for single-family dwellings are the same as those specified for the RS-6 zone. Map 16.43-1: Designated Street Front for BD Zones 9.1.c Packet Pg. 432 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Figure 16.43-1: Ground Floor Height Measurement 9.1.c Packet Pg. 433 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) B. Ground Floor. This section describes requirements for development of the ground floor of buildings in the BD zones. 1. For all BD zones, the ground floor is considered to be that floor of a building which is closest in elevation to the finished grade along the width of the side of the structure that is principally oriented to the designated street front of the building (this is normally the adjacent sidewalk). For the purposes of this section, the ground “floor” is considered to be the sum of the floor planes which, in combination, run the full extent of the building and are closest in elevation to one another. For the purposes of this chapter, the definition of “ground floor” contained in ECDC 21.35.017 does not apply. 2. Designated Street Front. Map 16.43-1 shows the streets that define the designated street front for all properties lying within the BD zones. The designated street front is defined as the 45 feet measured perpendicular to the street front of the building lot fronting on each of the mapped streets. 9.1.c Packet Pg. 434 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 3. Minimum Height of the Ground Floor within the Designated Street Front. The minimum height of the ground floor specified in Table 16.43-2 only applies to the height of the ground floor located within the designated street front established in subsection (B)(2) of this section. 4. Access to Commercial Uses within the Designated Street Front. When a commercial use is located on the ground floor within a designated street front as defined in subsection (B)(2) of this section, the elevation of the ground floor and associated entry shall be within seven inches of the grade level of the adjoining sidewalk. “Grade” shall be as measured at the entry location. Portions of the ground floor outside the designated street front of the building need not comply with the access requirements specified in this section. 5. When the designated street front of a building is on a slope which does not allow both the elevation of the entry and ground floor within the designated street front to be entirely within seven inches of the grade level of the sidewalk, as specified in subsection (B)(4) of this section, the portion of the ground floor of the building located within the designated street front must be designed so that either: a. The entry is located within seven inches of the grade of the adjacent sidewalk, and the commercial portion of the ground floor located within the designated street front is within seven inches of the grade level of the entry; or b. The building is broken up into multiple frontages, so that each entry/ground floor combination is within seven inches of the grade of the sidewalk. c. For corner lots, a primary entry shall be established for the purposes of determining where the ground floor entry rules detailed in this section shall apply. The first choice for the primary entry shall be either 5th Avenue or Main Street. In the case of the BD5 zone, the primary entry shall always be on 4th Avenue. 6. Within the BD1 zone, development on the ground floor shall consist of only commercial uses, except that parking may be located on the ground floor so long as it is not located within the designated street front. 7. Within the BD2 and BD3 zones, development on the ground floor shall consist of only commercial uses within the designated street front. Any permitted use may be located on the ground floor outside of the designated street front. 9.1.c Packet Pg. 435 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 8. Within the BD4 zone, there are two options for developing the ground floor of a building. One option is to develop the ground floor with commercial space, meeting the same requirements detailed for the BD2 and BD3 zones in subsection (B)(7) of this section. As a second option, if more residential space is provided so that the ground floor does not meet the commercial use requirements described in subsection (B)(7) of this section, then the building setbacks listed for the RM-1.5 zone shall apply. In the case where RM-1.5 setbacks are required, the required street setback shall be landscaped and no fence or wall in the setback shall be over four feet in height above sidewalk grade unless it is at least 50 percent open, such as in a lattice pattern. 9. Within the BD5 zone, one option is to develop the ground floor with commercial space, meeting the same requirements detailed for the BD2 zone in subsection (B)(7) of this section. When development of the ground floor does not conform to these requirements, then development within the BD5 zone shall meet the following requirements: a. The building shall be oriented to 4th Avenue. “Orientation to 4th Avenue” shall mean that: i. At least one building entry shall face 4th Avenue. ii. If the building is located adjacent to the public right-of-way, architectural details and/or applied art shall be incorporated into the building design to add interest at the pedestrian (i.e., ground floor) level. iii. If the building is set back from the street, landscaping and/or artwork shall be located between the building and the street front. b. Live/work uses are encouraged within the BD5 zone, and potential live/work space is required for new residential buildings if no other commercial use is provided on-site. i. If multiple residential uses are located on the ground floor, the building shall incorporate live/work space into the ground floor design in such a way as to enable building occupants to use portion(s) of their space for a commercial or art/fabrication use. “Live/work space” means a structure or portion of a structure that combines a commercial or manufacturing activity that is allowed in the zone with a residential living space for the owner of the commercial or manufacturing business, or the owner’s employee, and that person’s household. The live/work 9.1.c Packet Pg. 436 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) space shall be designed so that a commercial or fabrication or home occupation use can be established within the space. Figure 16.43-2: BD5 Development Building at right (foreground) shows landscaping located between building and street. Building at left (background) shows commercial space integrated with residential uses, and the entry oriented to the street. 10. Exceptions and Clarifications. The regulations for the ground floor contained in subsections (B)(1) through (9) of this section apply with the following exceptions or clarifications: a. That in all areas the provision of pedestrian access to permitted residential uses is allowed as a permitted secondary use. b. The restrictions on the location of residential uses shall not apply when a single-family use is the only permitted primary use located on the property. c. Existing buildings may be added onto or remodeled without adjusting the existing height of the ground floor to meet the specified minimum height, so long as the addition or remodel does not increase the building footprint or its frontage along a street by more than 25 percent. Permitted uses may occupy an existing space regardless of whether that space meets the ground floor requirements for height. 9.1.c Packet Pg. 437 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) d. Parking is not considered to be a commercial use for the purposes of satisfying the ground floor commercial use requirement within the designated street front (e.g., when the first 45 feet of a building are within a designated street front in the BD1 zone, parking shall not be located within that 45 feet). e. For properties within the BD2 or BD3 zone which have less than 90 feet of depth measured from the street front, parking may be located in the rearmost 45 feet of the property, even if a portion of the parking extends into the first 45 feet of the building. In no case shall the depth of commercial space as measured from the street front of the building be less than 30 feet. f. Within the BD2, BD3 and BD4 zones, if the first 45 feet of the building as measured perpendicular to the street consist only of commercial uses and permitted secondary uses, then permitted multiple-family residential unit(s) may be located behind the commercial uses. g. Recodified as ECDC 16.43.035(2)(d). h. Within the BD1 zone, each commercial space located on the ground floor within the designated street front shall be directly accessible by an entry from the sidewalk. C. Building Height Regulations. 1. The basic height limit for each BD zone is described in Table 16.43-2 (see definition of “height” detailed in ECDC 21.40.030). 2. Within the BD5 zone, the maximum height may be increased to 30 feet if the building meets one of the following conditions. In addition, if the building is located within 15 feet of the public right-of-way, architectural details and/or applied art shall be incorporated into the building design, and the ground floor shall be distinguished from the upper portions of the building through the use of differences in materials, windows, and/or architectural forms. a. All portions of the building above 25 feet consist of a pitched roof such that the pitch of all portions of the roof is at least six-by-12 and the roof includes architectural features, such as dormers or gables of a steeper pitch, that break up the roof line into distinct segments. 9.1.c Packet Pg. 438 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) b. If the building does not make use of a pitched roof system as described in subsection (C)(2)(a) of this section, a building step-back shall be provided within 15 feet of any street front. Within the 15-foot step-back, the maximum building height is the lesser of 25 feet above grade at the property line (normally the back of the sidewalk) or 30 feet above the “average level” as defined in ECDC 21.40.030. For corner lots, a 15-foot step-back is required along both street fronts. If a building located on a corner lot has insufficient lot width (i.e., less than 40 feet of lot width) to enable it to provide the required step-back on both street fronts, then the step-back may be waived facing the secondary street. 3. Height Exceptions. In addition to the height exceptions listed in ECDC 21.40.030, the following architectural features are allowed to extend above the height limits specified in this chapter: a. A single decorative architectural element, such as a turret, tower, or clock tower, may extend a maximum of five feet above the specified height limit if it is designed as an integral architectural feature of the roof and/or facade of the building. The decorative architectural element shall not cover more than five percent of the roof area of the building. b. Roof or deck railings may extend a maximum of 42 inches above the specified height limit within any building step-back required under subsection (C)(2)(b) of this section; provided, that the railing is constructed so that it has the appearance of being transparent. An example meeting this condition would be a railing that is comprised of glass panels. D. Off-Street Parking and Access Requirements. The parking regulations included here apply specifically within the BD zone. Whenever there are conflicts between the requirements of this chapter and the provisions contained in Chapter 17.50 ECDC, Off-Street Parking Regulations, the provisions of this chapter shall apply. 1. Within the BD1 zone, no new curb cuts are permitted along 5th Avenue or Main Street. 2. No parking is required for any commercial floor area of permitted uses located within the BD1, BD2, BD4, and BD5 zones. E. Open Space Requirements. 9.1.c Packet Pg. 439 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 1. For buildings on lots larger than 12,000 square feet or having an overall building width of more than 120 feet (as measured parallel to the street lot line), at least five percent of the lot area shall be devoted to open space. Open space shall not be required for additions to existing buildings that do not increase the building footprint by more than 10 percent. Open space shall be provided adjacent to the street front (street lot line). Such open space must be provided as any combination of: a. Outdoor dining or seating areas (including outdoor seating or waiting areas for restaurants or food service establishments); b. Public plaza or sidewalk that is accessible to the public; c. Landscaping which includes a seating area that is accessible to the public. 2. Required open space shall be open to the air and not located under a building story. 3. In overall dimension, the width of required open space shall not be less than 75 percent of the depth of the open space, measured relative to the street (i.e., width is measured parallel to the street lot line, while depth is measured perpendicular to the street lot line). 9.1.c Packet Pg. 440 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) F. Historic Buildings. The exceptions contained in this section apply only to buildings listed on the Edmonds register of historic buildings. 1. If a certificate of appropriateness is issued by the Edmonds historic preservation commission under the provisions of Chapter 20.45 ECDC for the proposed project, the staff may modify or waive any of the requirements listed below that would otherwise apply to the expansion, remodeling, or restoration of the building. The decision of staff shall be processed as a Type II development project permit application (see Chapter 20.01 ECDC). a. Building step-backs required under subsection (C)(2)(b) of this section. b. Open space required under subsection (E) of this section. 2. No off-street parking is required for any permitted uses located within a building listed on the Edmonds register of historic buildings. Note that additional parking exceptions 9.1.c Packet Pg. 441 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) involving building expansion, remodeling or restoration may also apply, as detailed in ECDC 17.50.070(C). 3. Within the BD5 zone, if a building listed on the Edmonds register of historic buildings is retained on-site, no off-street parking is required for any additional buildings or uses located on the same property. To obtain this benefit, an easement in a form acceptable to the city shall be recorded with Snohomish County protecting the exterior of the historic building and ensuring that the historic building is maintained in its historic form and appearance so long as the additional building(s) obtaining the parking benefit exist on the property. The easement shall continue even if the property is subsequently subdivided or any interest in the property is sold. G. Density. There is no maximum density for permitted multiple dwelling units. H. Screening. The required setback from R-zoned property shall be landscaped with trees and ground cover and permanently maintained by the owner of the BD lot. A six-foot minimum height fence, wall or solid hedge shall be provided at some point in the setback, except for that portion of the BD zone that is in residential use. I. Signs, Parking and Design Review. See Chapters 17.50, 20.10, and 20.60 ECDC. Sign standards shall be the same as those that apply within the BC zone. J. Satellite Television Antennas. In accordance with the limitations established by the Federal Communications Commission, satellite television antennas greater than two meters in diameter shall be reviewed in accordance with the provisions of ECDC 16.20.060. [Ord. 4282 § 2 (Exh. A), 2022; Ord. 4140 § 1, 2019; Ord. 3918 § 1 (Att. 1), 2013; Ord. 3865 § 1, 2011; Ord. 3736 § 10, 2009; Ord. 3700 § 1, 2008]. 16.43.035 Design standards – BD zones. A. Applicability. The design standards in this chapter apply to all development within the BD1, BD2, BD3, and BD4 downtown zones, except for multifamily buildings in the BD4 zone. [Ord. 3918 § 2 (Att. 2), 2013; Ord. 3697 § 2, 2008]. 9.1.c Packet Pg. 442 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) B. Massing and articulation. 1. Intent. To reduce the massiveness and bulk of large box-like buildings, and articulate the building form to a pedestrian scale. 2. Standards. a. 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 highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line. Buildings must convey a distinct base and top. 9.1.c Packet Pg. 443 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) The base can be emphasized by different material(s). b. Building facades shall respect and echo historic patterns. Where a single building exceeds the historic building width pattern, use a change in design features (such as a combination of materials, windows or decorative details) to suggest the traditional building widths. [Ord. 3918 § 2 (Att. 2), 2013; Ord. 3697 § 2, 2008]. C. Orientation to street. 1. Intent. To reinforce pedestrian activity and orientation and enhance the liveliness of the street through building design. 2. Standards. a. Building frontages shall be primarily oriented to the adjacent street, rather than to a parking lot or alley. b. Entrances to buildings in the BD1, BD2 and BD4 zones shall be visible from the street and accessible from the adjacent sidewalk. c. Entrances shall be given a visually distinct architectural expression by one or more of the following elements: i. Higher bay(s); ii. Recessed entry (recessed at least three feet); iii. Forecourt and entrance plaza. 9.1.c Packet Pg. 444 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Buildings shall be oriented to the street. Entrances shall be given visually distinct expression. [Ord. 3918 § 2 (Att. 2), 2013; Ord. 3697 § 2, 2008]. D. Ground level details. 1. Intent. To reinforce the character of the streetscape by encouraging the greatest amount of visual interest along the ground level of buildings facing pedestrian streets. 9.1.c Packet Pg. 445 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 2. Standards. a. Ground-floor, street-facing facades of commercial and mixed-use buildings shall incorporate at least five of the following elements: i. Lighting or hanging baskets supported by ornamental brackets; ii. Medallions; 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. jAn element not listed here, as approved, that meets the intent. b. Ground floor commercial space is intended to be accessible and at grade with the sidewalk, as provided for in ECDC 16.43.030. 9.1.c Packet Pg. 446 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Ground floor details encourage visual interest along the ground level of buildings facing pedestrian streets. [Ord. 3918 § 2 (Att. 2), 2013; Ord. 3697 § 2, 2008]. E. Awnings/canopies and signage 1. Intent. a. To integrate signage and weather protection with building design to enhance business visibility and the public streetscape. 9.1.c Packet Pg. 447 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) b. To provide clear signage to identify each business or property, and to improve way-finding for visitors. c. To protect the streetscape from becoming cluttered, and to minimize distraction from overuse of advertisement elements. 2. Standards. a. Weather protection is required along pedestrian street fronts. Structural canopies are preferred. If a canopy is not provided, then an awning shall be provided which is attached to the building using a metal or other framework. b. Awnings and canopies shall be open-sided to enhance visibility of business signage. Front valances are allowed. Signage is allowed on valances, but not on valance returns. c. Marquee, box, or convex awning or canopy shapes are not allowed. d. Retractable awnings are encouraged. e. Awnings or canopies shall be located within the building elements that frame storefronts, and shall not conceal important architectural details. Awnings or canopies shall be hung just below a clerestory or transom window, if it exists. f. Awnings or canopies on a multiple-storefront building shall be consistent in character, scale and position, but need not be identical. Open-sided nonstructural awning with front valance. 9.1.c Packet Pg. 448 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Open-sided structural canopy. g. Nonstructural awnings shall be constructed using canvas or fire-resistant acrylic materials. Shiny, high-gloss materials are not appropriate; therefore, vinyl or plastic awning materials are not allowed. h. Signage shall be designed to integrate with the building and street front. Combinations of sign types are encouraged, which result in a coordinated design while minimizing the size of individual signs. i. Blade or projecting signs which include decorative frames, brackets or other design elements are preferred. Projecting signs (including blade signs) of four square feet or less are allowed and are not counted when calculating the amount of signage allowed for a business in Chapter 20.60 ECDC. This type of detail can be used to satisfy one of the required elements under ECDC 16.43.030(B). j. Use graphics or symbols to reduce the need to have large expanses of lettering. k. Instead of broadly lighting the face of the sign, signage shall be indirectly lit, or backlit to only display lettering and symbols or graphic design. 9.1.c Packet Pg. 449 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) l. Signage shall be given special consideration when it is consistent with or contributes to the historic character of sites on the National Register, the Edmonds Register of Historic Places, or on a city council-approved historic survey. m. Signage shall include decorative frames, brackets or other design elements. An historic sign may be used to meet this standard. Retractable and open-sided awnings allow signage to be visible. Examples of projecting signs using decorative frames and design elements. Awning or canopy shapes: 9.1.c Packet Pg. 450 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) [Ord. 3918 § 2 (Att. 2), 2013; Ord. 3697 § 2, 2008]. F. Transparency at street level. 1. Intent. To provide visual connection between activities inside and outside the building. 2. Standards. a. The ground level facades of buildings that face a designated street front shall have transparent windows covering a minimum of 75 percent of the building facade that lies between an average of two feet and 10 feet above grade. b. To qualify as transparent, windows shall not be mirrored or darkly tinted glass, or prohibit visibility between the street and interior. c. Where transparency is not required, the facade shall comply with the standards under ECDC 16.43.060. 9.1.c Packet Pg. 451 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Ground level facades of buildings must have transparent windows between two to 10 feet above grade. Windows shall provide a visual connection between activities inside and outside the building, and therefore must not be mirrored or use darkly tinted glass. d. Within the BD1 zone, ground floor windows parallel to street lot lines shall be transparent and unobstructed by curtains, blinds, or other window coverings intended to obscure the interior from public view from the sidewalk.* [Ord. 3918 § 2 (Att. 2), 2013; Ord. 3697 § 2, 2008]. * Code reviser’s note: Subsection (2)(d) of this section was formerly codified as ECDC 16.43.030(B)(10)(g). G. Treatment of blank walls. 9.1.c Packet Pg. 452 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 1. Intent. To ensure that buildings do not display blank, unattractive walls to the abutting street. 2. Standards. a. Walls or portions of walls on abutting streets or visible from residential areas where windows are not provided shall have architectural treatment (see standards under ECDC 16.43.050). At least five of the following elements shall be incorporated into any ground floor, street-facing facade: i. Masonry (except for flat, nondecorative concrete block); ii. Concrete or masonry plinth at the base of the wall; iii. Belt courses of a different texture and color; iv. Projecting cornice; v. Decorative tile work; vi. Medallions; vii. Opaque or translucent glass; viii. Artwork or wall graphics; ix. Lighting fixtures; x. Green walls; xi. An architectural element not listed above, as approved, that meets the intent. 9.1.c Packet Pg. 453 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) b. Buildings shall not display blank, unattractive walls to the abutting street. [Ord. 3918 § 2 (Att. 2), 2013; Ord. 3697 § 2, 2008]. H. Building HVAC equipment 1. Intent. To ensure that HVAC equipment, elevators, and other building utility features are designed to be a part of the overall building design and do not detract from the streetscape. 2. Standards. a. Rooftop HVAC equipment, elevators and other rooftop features shall be designed to fit in with the materials and colors of the overall building design. These features shall be located away from the building edges to avoid their 9.1.c Packet Pg. 454 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) being seen from the street below. If these features can be seen from the adjoining street, building design shall use screening, decoration, plantings (e.g., rooftop gardens), or other techniques to integrate these features with the design of the building. b. When HVAC equipment is placed at ground level, it shall be integrated into building design and/or use screening techniques to avoid both visual and noise impacts on adjoining properties. Rooftop equipment must be screened from view. [Ord. 3918 § 2 (Att. 2), 2013; Ord. 3697 § 2, 2008]. I. Additional design standards for stand-alone multiple dwelling buildings in the BD2 zone. 1. Intent. To ensure that buildings entirely comprised of multiple dwelling units are compatible with the downtown area. 2. Materials. Building facades must be clad with preferred building materials which include natural stone, wood, architectural metal, brick and glass. Alternative materials may be allowed by the director or architectural design board if they contribute to a cohesive design theme for the building. 3. Private Amenity Space. An exterior area equivalent to at least 10 percent of the project’s gross lot area must be provided as private amenity space for residents of the development. This standard can be met through a combination of balconies 9.1.c Packet Pg. 455 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) (cantilevered, recessed or semirecessed), decks, patios or yards for individual dwelling units or the site as a whole. a. Not all dwelling units are required to have private amenity space. When it is provided, it must be immediately accessible from the dwelling unit and be a minimum of 40 square feet. b. If the space is at ground level facing a street, no fence shall be over three feet in height. c. Balconies may encroach into a required setback adjacent to R-zoned property up to a maximum of six feet. Patios and decks may encroach into a required setback adjacent to R-zoned property up to a maximum of 10 feet. 4. Roof Treatment and Modulation. In order to provide the appearance of a well-modulated roof, three types of roof modulation are required and can include differing heights, projections, slopes, materials, step downs, step setbacks, or a similar expression. 5. Street-Side Amenity Space or Pedestrian Area. An exterior area equivalent to at least five percent of the project’s gross lot area must be provided as street-side amenity space or pedestrian area. This space must be arranged along the street front between the building and the sidewalk and must be open to the sky, unless otherwise excepted. The space must be pedestrian-oriented and shall include the following elements: a. Landscaping; b. Seating area; c. A similar feature as approved by the director or architectural design board; d. Areas allocated to private amenity space cannot be used toward the street-side amenity space or pedestrian area requirement. [Ord. 4276 § 1 (Exh. A), 2022]. 9.1.c Packet Pg. 456 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 16.43.040 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except: 1. Public uses such as utilities and parks; 2. Off-street parking and loading areas, and commercial parking lots; 3. Drive-in businesses; 4. Plant nurseries; 5. Public markets; provided, that when located next to a single-family residential zone, the market shall be entirely within a completely enclosed building; 6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC; 7. Bistro and outdoor dining meeting the criteria of ECDC 17.70.040; 8. Outdoor dining meeting the criteria of Chapter 17.75 ECDC; 9. Motorized and nonmotorized mobile vending units meeting the criteria of Chapter 4.12 ECC. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Property Performance Standards. C. Interim Use Status – Public Markets. 1. Unless a public market is identified on a business license as a year-round market within the city of Edmonds, a premises licensed as a public market shall be considered a temporary use. As a temporary use, the city council finds that any signs or structures used in accordance with the market do not require design review. When a location is utilized for a business use in addition to a public market, the public market use shall not decrease the required available parking for the other business use below the standards established by Chapter 17.50 ECDC. [Ord. 3932 § 7, 2013; Ord. 3918 § 1 (Att. 1), 2013; Ord. 3902 § 1, 2012; Ord. 3700 § 1, 2008]. 9.1.c Packet Pg. 457 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Disclaimer: The city clerk’s office has the official version of the Edmonds Community Development Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 9.1.c Packet Pg. 458 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Chapter 16.50 BC – COMMUNITY BUSINESS Sections: 16.50.000 BC and BC – Edmonds Way. 16.50.005 Purposes. 16.50.010 Uses. 16.50.020 Site development standards. 16.50.030 Operating restrictions. 16.50.040 Green building incentives. 16.50.000 BC and BC – Edmonds Way. This chapter establishes two distinct zoning categories, BC and BC – Edmonds Way. [Ord. 3943 § 1 (Exh. 1), 2013; Ord. 3627 § 2, 2007]. 16.50.005 Purposes. The BC and BC – Edmonds Way zones have the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC: A. To reserve areas for those retail stores, offices, service establishments and amusement establishments which offer goods and services to the entire community; B. To ensure compact, convenient development patterns by allowing uses that are operated chiefly within buildings; C. To allow for mixed-use development which includes multiple dwelling unit(s) that support business uses; D. To implement the policies of Edmonds’ comprehensive plan for the Edmonds Way Corridor; 9.1.c Packet Pg. 459 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) E. To meet the goals of the Growth Management Act and the city of Edmonds’ comprehensive plan for housing diversity and economic vitality. [Ord. 3943 § 1 (Exh. 1), 2013; Ord. 3627 § 2, 2007; Ord. 3147 § 1, 1997. Formerly 16.50.000]. 16.50.010 Uses. A. Permitted Primary Uses. 1. Single-family dwellings, as regulated in RS-6 zone; 2. Retail stores, restaurants, offices and service uses, excluding intense uses, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment sales and services; 3. New automobile sales and service; 4. Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents; 5. Printing, publishing and binding establishments; 6. Bus stop shelters; 7. Community-oriented open air markets conducted as an outdoor operation and licensed pursuant to provisions in the Edmonds City Code; 8. Multiple Dwelling Unit(s). This use may not be located on the ground floor of a structure, except as provided in ECDC 16.50.020(B); 9. Churches, subject to the requirements of ECDC 17.100.020; 10. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R); 11. Local public facilities subject to the requirements of ECDC 17.100.050; 12. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070. 9.1.c Packet Pg. 460 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) B. Permitted Secondary Uses. 1. Limited assembly, repair or fabrication of goods incidental to a permitted or conditional use; 2. Off-street parking and loading areas to serve a permitted or conditional use; 3. Commuter parking lots in conjunction with a facility meeting the criteria listed under subsections (C)(11) through (14) of this section, except that the facility may also be located along a designated transit route in addition to an arterial or collector street; 4. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. C. Primary Uses Requiring a Conditional Use Permit. 1. Commercial parking lots; 2. Wholesale uses; 3. Hotels and motels; 4. Amusement establishments; 5. Auction businesses, excluding vehicle or livestock auctions; 6. Drive-in businesses; 7. Laboratories; 8. Fabrication of light industrial products; 9. Convenience stores; 10. Day care centers and preschools; 11. Hospitals, convalescent homes, rest homes, and sanitariums; 12. Museums, art galleries, zoos, and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033; 13. Counseling centers and residential treatment facilities for current alcoholics and drug abusers; 9.1.c Packet Pg. 461 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 14. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. D. Secondary Uses Requiring a Conditional Use Permit. 1. Outdoor storage, incidental to a permitted or conditional use; 2. Aircraft landings as regulated by Chapter 4.80 ECC. [Ord. 4333 § 10 (Exh. A), 2023; Ord. 4314 § 45 (Exh. A), 2023; Ord. 3943 § 1 (Exh. 1), 2013; Ord. 3932 § 4, 2013; Ord. 3627 § 2, 2007; Ord. 3353 § 4, 2001; Ord. 3269 § 2*, 1999; Ord. 3147 § 1, 1997]. * Code reviser’s note: Ord. 3269 expired August 13, 2000. For provisions on the outdoor display of merchandise, see Chapter 17.65 ECDC. 16.50.020 Site development standards. A. Table. Minimum Lot Area Minimum Lot Width Minimum Street Setback Minimum Side Setback Minimum Rear Setback Maximum Height Maximum Floor Area BC None None None None1 None1 25'2 3 sq. ft. per sq. ft. of lot area BC – Edmonds Way None None 10' None1 None1 25'3 3 sq. ft. per sq. ft. of lot 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. 9.1.c Packet Pg. 462 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 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; 9.1.c Packet Pg. 463 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) (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 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. 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. D. Satellite Television Antennas. Satellite television antennas shall be regulated as set forth in ECDC 16.20.060. [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]. 9.1.c Packet Pg. 464 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 16.50.030 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except: 1. Public utilities and parks; 2. Off-street parking and loading areas, and commercial parking lots; 3. Drive-in businesses; 4. Plant nurseries; 5. Seasonal farmers’ markets; 6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Property Performance Standards. [Ord. 3943 § 1 (Exh. 1), 2013; Ord. 3932 § 5, 2013; Ord. 3902 § 3, 2012; Ord. 3627 § 2, 2007; Ord. 3320 § 3, 2000; Ord. 3147 § 1, 1997]. 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 Design™ (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. 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 ECDC 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). 9.1.c Packet Pg. 465 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 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 ECDC. Electric vehicle parking standards of Chapter 17.115 ECDC remain calculated off standard parking requirements. E. Enforcement. Development granted these incentives but then unable to achieve the requirements is subject to the enforcement measures of ECDC 19.00.050. F. Permit Review. Green buildings are eligible to receive expedited plan review, as established by ECDC 19.00.050. [Ord. 4375 § 3, 2024]. The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Disclaimer: The city clerk’s office has the official version of the Edmonds Community Development Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 9.1.c Packet Pg. 466 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 16.77.020 Site development standards. A. Table. Subdistrict Minimum Lot Area Minimum Street Setback1 Minimum Side Setback Minimum Rear Setback Maximum Height Maximum Coverage OR None 15' 5' None 25' No maximum 1 The minimum street setback of 15 feet applies to a building which is no wider than 110 feet. For any part of a building that exceeds 110 feet in width, an additional setback of 15 feet shall apply so that no more than 110 feet of building width is closer than 30 feet to the street lot line. For the purposes of this section, “building width” shall be the total horizontal dimension of that portion of the building facing the street measured parallel to the street. B. Parking Requirements. See Chapter 17.50 ECDC for specific parking requirements for allowed uses. No parking spaces may be located within the street or side setbacks. C. Signs, Landscaping and Design Review. See Chapters 20.10 and 20.60 ECDC for regulations on design review and signage. Signage shall be regulated as in an RM zone. Signage for office uses shall be regulated as in a BN zone, except that no freestanding signs shall be permitted. D. Satellite Television Antennas. Satellite television antennas shall be regulated as set forth in ECDC 16.20.060. E. Setback Encroachments. Eaves and chimneys may project into a required setback not more than 30 inches. 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 the ground level at any point. [Ord. 3619 § 1, 2006]. 9.1.c Packet Pg. 467 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) The Edmonds Community Development Code is current through Ordinance 4375, passed December 10, 2024. Disclaimer: The city clerk’s office has the official version of the Edmonds Community Development Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 9.1.c Packet Pg. 468 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) 19.00.030 Architectural design review – Optional vesting. In addition to the vesting rights created by RCW 19.27.095 and ECDC 19.00.015, an applicant for development as defined in ECDC 20.10.010 review may, at the applicant’s option, file a fully complete augmented architectural design review application (hereinafter “augmented design review application”) and vest rights including applicable building permit, development and impact fees under the provisions of the ECDC and the State Building Code as adopted and amended by the city of Edmonds, and this title as then in effect, to, but only to, the extent that the application provides full and detailed information necessary to confirm the particular regulation to be vested. The burden is on the applicant to provide such detail. A. A fully complete, augmented application for architectural design review shall consist of a complete application for architectural design review, executed by each and every property owner of record of the development site or their duly authorized agent(s), accompanied by the following: 1. All fees required by ordinance, including impact mitigation fees, to be deposited at the time such State Environmental Policy Act (SEPA) requirements become final. 2. A site plan showing the current zoning of the development site, the footprint of all proposed structures, the total square footage and use of each floor, all setbacks required by either the zoning code or state building codes, proposed parking configurations, and exits. 3. Elevation drawings showing the original grade of the site, any proposed alterations to grade, the proposed height of the structure and the number of stories. 4. A letter executed by all owners of record or their duly authorized agent(s) detailing the proposed use in sufficient detail to determine whether the proposed use complies with the zoning code then in effect and with the building code then in effect to determine type of construction and occupancy classifications of the IBC and IFC as those codes are then in effect. 5. A building permit application, as described in IBC Section 105.3 as the same exists or is hereafter amended, and all building permit and plan review fees as established and set forth in Chapter 19.70 ECDC; provided, that the plans required by IBC Section 107, as the 9.1.c Packet Pg. 469 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) same exists or is hereafter amended, and other engineering documents, plans or drawings required by ECDC Title 18 may be submitted within 90 days of final approval, or final approval on appeal. B. Upon filing of the augmented design review application, the applicant shall be deemed fully vested as if a fully complete building permit application had been filed; provided: 1. The burden shall be upon the applicant to supply all material required by the provisions of this section and as necessary to meet the requirements of Chapter 20.10 ECDC. The applicant may supplement the original application in the event an application is deemed incomplete by the planning and development director or designee. Vesting shall occur only when the application is deemed complete by the planning and development director. Failure to supplement an incomplete application within 90 days of final design review approval shall result in forfeiture of all fees paid and no vesting right shall attach. 2. The application shall expire along with all rights vested six months following the date of application if final architectural design approval is not received. a. The planning and development director or designee may issue an extension for an additional period, not exceeding 180 days, upon written request by the applicant(s) or their agent(s). Such request for extension shall be filed prior to the expiration of the original application time period. An extension shall be granted if the design review application has not yet been considered or an appeal thereof is pending. b. The time period shall run concurrently with the periods established by ECDC 19.00.025 as the same exists or is hereafter amended. No application shall be extended more than once. In the event of application expiration, the applicant shall resubmit all required information and pay a new plan review fee. 3. The applicant shall comply with all provisions of state law and regulation and this code regarding SEPA review. Review periods or delays occasioned by SEPA shall stay the time periods set by this chapter. 4. Following final design review approval, the applicant shall file the plans and information required by IBC Section 107. It is anticipated that minor adjustments and changes are usually required to the plans submitted as a result of the plan review and administrative 9.1.c Packet Pg. 470 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) process. The following changes shall not be considered “minor” and shall forfeit vesting rights, and shall require the filing of a new application: a. Any substantial change not required by the terms of design review approval. b. Any increase in height or total square footage or any change which would change the occupancy classification for the purposes of the State Building Code. 5. Any decision of the city staff regarding the application stated in this section and its interpretation shall be considered a Type I decision appealable only to the superior court of Snohomish County by the Land Use Petition Act. C. The rights vested by ECDC 19.00.025(I) (Section 105.3.3 of IBC as amended) and this section refer only to zoning and building code rights protected by RCW 19.27.095. D. These sections shall not be interpreted to create vesting rights not protected by RCW 19.27.095 and shall not be interpreted as a further limitation on the administrative obligations and legislative powers of the city. By way of illustration and not limitation, this chapter does not limit: 1. The city council’s authority to create local improvement districts. 2. The city council’s authority to legislate life safety requirements that are not required to recognize existing vested rights. 3. Environmental and shorelines review and mitigation procedures. [Ord. 4350 § 1 (Att. A), 2024; Ord. 4299 § 33 (Exh. A), 2023; Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 1, 2010]. The Edmonds Community Development Code is current through Ordinance 4375, passed December 10, 2024. Disclaimer: The city clerk’s office has the official version of the Edmonds Community Development Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. 9.1.c Packet Pg. 471 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) City Website: www.edmondswa.gov Hosted by General Code. 9.1.c Packet Pg. 472 At t a c h m e n t : A t t a c h m e n t 3 - D e s i g n R e v i e w D r a f t C o d e _ C l e a n ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Page 1 May 12, 2025 Edmonds City Council RE: DESIGN REVIEW CODE AMENDMENTS – PUBLIC HEARING MAY 13, 2025 Honorable Members of the Edmonds City Council: Please consider the information provided herein for the May 13, 2025 public hearing relating to design review code amendments. Due to the lack of notification, my calendar does not allow me to attend this meeting. I am a member of the Architectural Review Board (ADB), have served two terms on a Seattle Design Review Board, served as staff to citizen design review boards, and have written design standards and design review procedures for other cities. It appears that the agenda packet for the May 13, 2025 public hearing has procedural and substantive deficiencies. I suggest the public hearing be kept open or rescheduled until clarity and decorum can be achieved. Without a doubt, Edmonds’ design guidelines, standards, and procedures are antiquated and in need of revision. Some of the current guidelines and standards lack clarity and objectivity. Even before the State Legislature passed HB 1293, I had hoped that the design review process could be modernized and streamlined. Even the name, “Architectural Review Board” is from another era. Over decades of time, staff continued to administer crusty design review regulations and procedures, and lacked the resources needed to provide needed updates. Please do not place the inadequacies of Edmonds’ design review at the feet of the ADB. Procedural Concerns It is concerning that the proposed code amendments relating to design review were not shared with the City’s long-standing Architectural Review Board (ADB), the citizen advisory board created by the City Council to advise and act upon Edmonds’ design review regulations and guidelines. ADB members volunteer their time, expertise, and passion to help ensure community change is positive. During 2024, the ADB devoted multiple meetings to potential design review changes. Professional courtesy would, at a minimum, call for a follow-up briefing to the ADB. The agenda for the ADB meeting of April 24, 2025 included, “7. Unfinished Business”—that would have been an ideal opportunity for mention of the 146 pages of amendments in development, and this upcoming public hearing (minutes 1:58 and 2:03 of meeting video). The Planning Board (another antiquated name?) provided input on the draft code amendments, with the assistance of one member of the ADB. The Chair of the ADB was not consulted on this process, special assignment, or member selection. The ADB Chair’s requests to work alongside the Planning Board were declined. ADB members did not receive notice of this public hearing. As a career municipal official, I find these circumstances troubling. 9.1.d Packet Pg. 473 At t a c h m e n t : D R _ P u b l i c C o m m e n t s _ 2 0 2 5 . 0 5 . 1 3 _ L o c h ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) Page 2 Substantive Concerns As provided, the agenda materials for the public hearing lack clear information—the absence of which makes informed public comment impossible1. Some of the agenda item’s failings include: 1. There is no draft ordinance, a necessary and important component of municipal legislation (and public hearing). 2. The agenda packet’s presentation of the edited design review code (Attachment- 19421), is unclear as to the changes proposed. This lack of clarity precludes a meaningful public hearing because the information provided is insufficient to allow for an informed, responsive, and articulate public. a. Edits made using Microsoft Word Track Changes may be inconsistent/missing in places. For example, what is the amendment proposed on page 1? There are numerous code sections included where no edit is indicated. b. Typically, proposed edits are displayed in legislative format, with strikeouts and underlining. Attachment-19421 includes yellow highlighting without explanation. What is meant by “##” on page 19? 3. It appears that the amendments proposed in the 146-page, Attachment-19421 address an extensive array of topics beyond design review. These amendments are not characterized by the meeting’s agenda and therefore preclude public awareness and participation. A few examples include: a. Intent of low density residential overlays (page 7). b. Permitted uses (page 9). c. Lot coverage regulations (page 12). d. Parking regulations (page 18). e. Cottage housing regulations (page 19). f. Accessory dwelling unit regulations (page 21). 4. Legislative actions by code cities as defined by the Revised Code of Washington limit ordinances to a single topic. Does this proposed legislation conform to that requirement? Thank you for your consideration of these concerns. Very truly yours, Corbitt Loch Edmonds resident Member, Edmonds Architectural Review Board cc: ADB Chair Acting Planning and Development Director 1 Ironic, since the purpose of HB 1293 is to instill clarity. 9.1.d Packet Pg. 474 At t a c h m e n t : D R _ P u b l i c C o m m e n t s _ 2 0 2 5 . 0 5 . 1 3 _ L o c h ( D e s i g n R e v i e w C o d e U p d a t e : P u b l i c H e a r i n g ) City Council Agenda Item Meeting Date: 05/27/2025 Main St. Overlay Project Update (6th Ave-8th Ave) Staff Lead: Rob English Department: Engineering Preparer: Rob English Background/History On March 18, 2025, City Council authorized an additional $115,000 in management reserve from the 422 Stormwater Utility Fund. On September 10, 2024, City Council awarded a construction contract to CA Carey Corporation for $1,416,113 and authorized a 10% management reserve of $141,610. On August 20, 2024, staff provided an update to the Parks and Public Works Committee on the second public bid process to obtain contractor bids to construct the project. On July 23, 2024, City Council rejected all construction bids for the Main Street Overlay project. On July 16, 2024, staff presented construction bids to the Parks and Public Works Committee and it was forwarded to the full City Council meeting for further discussion. Staff Recommendation Authorize $70,000 from the REET 126 Fund to the project management reserve. Narrative The contractor completed the pavement grind and removal of the top 3-inches of existing pavement on Main St between 6th Ave and 8th Ave last week. Two issues were uncovered that require extra work by the Contractor. The first is related to pockets where the supporting subgrade layer is either missing or inadequate for paving. The Contractor will finish the repairs to correct this problem by Tuesday (5/27/25). The second issue is the existing concrete panel joints and remnant sections in the underlying concrete layer that were exposed after the grinding operation. Many of the joints and previous cuts into the concrete have separation that could lead to cracking that would reflect into the new overlay layer. If this were to occur, the life of the overlay would be shortened. To prevent reflective cracks from occurring, staff and the City’s consultant are recommending a pre- leveling layer of asphalt mix for the entire length of the project with a geosynthetic interlayer at the separated cracks. An additional management reserve of $70,000 is needed to complete this extra work. Staff recommends the funds be programmed from the REET 126 Fund. The Contractor is scheduled to complete this work on Wednesday and Thursday this week. 10.1 Packet Pg. 475 City Council Agenda Item Meeting Date: 05/27/2025 Middle Housing Development Code Update: Planning Board Recommendation Staff Lead: Brad Shipley Department: Planning Division Preparer: Brad Shipley Narrative The City of Edmonds is updating its zoning regulations to comply with HB 1110, which requires cities of Edmonds’ size to allow middle housing in areas traditionally limited to single-family development. This legislation supports statewide goals for increasing housing supply, expanding affordability, and promoting housing diversity. Over the past several months, staff have worked with the Planning Board and community members to draft middle housing code provisions that not only meet the letter of the law but also reflect the community's priorities. The Planning Board formally transmitted its recommendation to City Council on May 21, 2025 (Attachment 1). The recommendation reflects six months of deliberation, input from more than 200 residents, and review of best practices from the Washington State Department of Commerce. Staff Recommendation Consider the Planning Board’s recommendation and proposed draft code. Attachment 2 is a redline version of the draft while Attachment 3 is a clean copy. Attachment 4 is a draft zoning map for middle housing. We suggest Council: · Review Planning Board’s recommendation for additional context and key considerations. · Review the proposed zoning framework, allowed housing types, and development standards in the draft code. · Consider the Planning Board’s approach to affordability incentives, lot coverage, ADUs, and contextual overlays. · Evaluate options related to design standards and frontage types for inclusion in the final adoption package. · Provide direction needed for ordinance preparation and adoption on June 24, 2025 to meet the June 25 deadline for submittal of the adopted code to the Department of Commerce to receive grant funding. · Identify possible future changes that are not required for immediate compliance now but which could be addressed during subsequent work on middle housing (ex. design standards, frontage types). 10.2 Packet Pg. 476 Narrative The Planning Board’s recommendation took a “minimum compliance” strategy, which adopts the necessary code changes required under HB 1110 while maintaining Edmonds’ established height, setback, and lot coverage standards wherever possible. This approach reflects extensive public feedback in favor of modest, context-sensitive change. In addition to the Planning Board’s recommendations, staff will present a summary of additional minor code amendments necessary for consistency on June 3. These include updates to references related to the former Single-Family Residential (RS) zoning designation, expansion of impact fee use categories to include middle housing types, and other minor changes. Key Elements of the Planning Board Recommendation New Zoning Framework: Consolidation of RS zones into a single Low-Density Residential (LDR) zone with three context-sensitive overlays or subdistricts based on lot size (Small, Medium, Large). Allowed Middle Housing Types: Six of the nine possible middle housing types were selected for inclusion: · Duplex and Stacked Duplex · Triplex · Fourplex · Cottage Housing · Courtyard Apartments Unit Density Standards: The recommendation allows: · Two units per lot (duplexes) citywide; · Up to four units (fourplex) within ¼ mile of a major transit stop; · Up to four units (fourplex) on any lot if at least one unit is affordable; Affordability Incentives: A bonus incentive is provided for cottage housing--up to six units on a lot in the LDR-Large subdistrict, if at least three of the units meet affordability criteria. Accessory Dwelling Units (ADUs): ADUs are counted toward unit density and are only permitted in conjunction with detached single-family homes. ADUs may not be part of middle housing developments. Lot Coverage: Up to 45% structural lot coverage is allowed for 3-4 unit projects to support livable unit sizes and better site design. Additional Topics for Council Consideration: 1. Frontage Types. While not included in the formal recommendation, a limited set of private frontage standards (e.g., covered porches, building orientation) remain in the draft code for potential inclusion. These elements could improve neighborhood compatibility and pedestrian orientation but require further refinement. Planning Board generally agreed with the concept, but did not have enough time to fully vet draft frontages. 2. Administrative Capacity. 10.2 Packet Pg. 477 Implementing and monitoring affordability incentives will require additional resources. The Board recommends Council consider staffing and funding needs to support long-term compliance tracking (50+ years) and program success. Next Steps: · June 3 - Additional code review and Q/A · June 10 - Public hearing · June 17 - Additional discussion and final revisions · June 24 - Ordinance adoption with code and zoning map Attachments: Attachment 1 - Planning Board Recommendation Middle Housing Attachment 2- Draft Middle Housing Code_Redline Attachment 3- Draft Middle Housing Code_Clean Version Attachment 4 - Draft LDR Zoning Map 10.2 Packet Pg. 478 Planning Board Recommendation: Middle Housing Code Update May 21, 2025 To: Mayor Rosen and Edmonds City Council From: Edmonds Planning Board Subject: Middle Housing Code Update Recommendation Purpose: This memo outlines the Planning Board’s (PB) recommendation for updating the development code to allow middle housing, in compliance with HB 1110 (2023/24) before the state-mandated deadline of June 30, 2025. The legislation requires cities to revise local zoning code to allow for a broader range of housing types in areas traditionally zoned for single-family development. Context: Most homes in Edmonds are currently located in RS zones and consist of primarily single- family detached dwellings. HB 1110 mandates cities like Edmonds to expand housing options by permitting a range of 'middle housing' types. The legislation does not require specific housing unit targets but rather outlines development thresholds and housing types that cities must accommodate. The Planning Board determined that the city would be complying by:  Defining allowable zoning densities, and  Selecting and allowing at least six of the nine middle housing types. Community feedback received during this process strongly supported preserving the existing aesthetic feel of Edmonds. Many residents favored a ‘minimal compliance’ approach—supporting only those changes required by state law, while retaining current 10.2.a Packet Pg. 479 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n M i d d l e H o u s i n g ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d PLANNING BOARD RECOMMENDATION: MIDDLE HOUSING CODE UPDATE 2 | P a g e heights, setbacks and lot coverage standards. Townhouses were especially unpopular among respondents who cited poor examples from nearby jurisdictions. The Planning Board also recognizes that, over the past six months, Edmonds residents have been asked to engage with a significant amount of change—from local elections and the RFA vote to the Comprehensive Plan update and multiple rounds of code revisions. This volume of overlapping initiatives has made it more challenging for the community to absorb and respond to each issue. With that in mind, the Board approached its recommendation with a strong focus on clarity, balance, and responsiveness to the concerns expressed. This recommendation reflects the input received from more than 200 community members through public comments at the April 23 Public Hearing, May 1 Open House, written comments and ongoing Planning Board discussions. Process: The Planning Board reviewed and considered a range of resources (see Additional Resources section) for developing its recommendations, including:  HB 1110: Middle Housing legislation.  Preliminary and revised drafts of ECDC Title 16.  Washington State Department of Commerce’s Middle Housing Objective Design Standard Detailed Toolkit (June 2023).  City staƯ presentations on the 2025 Development Code Update and Design Review: Key Issues (Feb 26, 2025, March 26, 2025).  Planning Board’s Public Hearing on middle housing (April 23, 2025).  Neighborhood Centers and Hubs and Middle Housing Open House (May 1, 2025). Key Decisions: 1. New Zoning Framework The Planning Board supports reorganizing the current RS zone into a single Low-Density Residential (LDR) zone, with three overlays (see Low-Density Residential Overlays Summary Table (draft ECDC 16.20.015(C)):  LDR-Small Lot  LDR-Medium lot  LDR-Large Lot 10.2.a Packet Pg. 480 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n M i d d l e H o u s i n g ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d PLANNING BOARD RECOMMENDATION: MIDDLE HOUSING CODE UPDATE 3 | P a g e Considerations: The proposed overlays are intended to tailor site development standards to areas with diƯering topography, lot size, location, and existing development patterns. During discussions, the Planning Board also considered an LDR–Walkable (LDR-W) overlay as a tool to require sidewalk improvements in targeted areas—particularly along arterial streets and near mixed-use centers—where walkability is both desirable and needed. However, requiring sidewalk improvements as a condition of development must be applied consistently to both single-family and middle housing, according to state law. This means that even a new single-family home could trigger sidewalk requirements. As such, the Board felt it was important to limit any such requirements to very specific locations where the infrastructure need is greatest, rather than apply them broadly. The LDR-W overlay would have also allowed townhouses—a housing type that fits more comfortably within the context of walkable, mixed-use areas. However, due to the concept being outside the immediate scope of Phase II (which is focused on state compliance) and confusion from the public regarding its intent, the Planning Board ultimately chose not to advance the overlay in our recommendation. 2. Allowed Unit Density Consistent with state law and approved by the Planning Board with a 5-1 vote, the proposed base unit density limit is:  Up to two units per lot, and  Up to four units per lot on all lots within one-quarter mile walking distance of a major transit stop1; and  Up to four units per lot if at least one unit on the lot is aƯordable housing meeting specific requirements. Considerations: In reaching their recommendation, the Planning Board considered alternative approaches, including a flat density allowance of three units per lot—with up to four units permitted within one-quarter mile of a major transit stop. While this option would have reduced administrative complexity by removing the need to track long-term compliance with the aƯordability component, Board members generally agreed that supporting aƯordable housing is a central goal of the Comprehensive Plan. 1 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; or (d) Stops on bus rapid transit routes, including those stops that are under construction. 10.2.a Packet Pg. 481 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n M i d d l e H o u s i n g ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d PLANNING BOARD RECOMMENDATION: MIDDLE HOUSING CODE UPDATE 4 | P a g e As such, they felt it was important to retain the aƯordability incentive as part of the updated code. The Planning Board acknowledges that implementing this policy will require sta Ư capacity to administer and monitor compliance over time. Given the City's current budget constraints, the Board recommends that City Council consider the need for additional staƯing and funding to support an eƯective and accountable aƯordable housing program. This program will likely require a greater level of involvement than the City’s existing MFTE (Multi-Family Tax Exemption) program. 3. Middle Housing Types The Planning Board unanimously voted to select the following six middle housing types :  Duplex  Stacked Duplex  Triplex  Fourplex  Cottage Housing  Courtyard Apartments Considerations: Townhouses were excluded from the list of permitted middle housing types due to strong public opposition and the design challenges they present in the context of infill development. From an urban design perspective, townhouses can be diƯicult to integrate into neighborhoods characterized by lower-scale, detached housing. This is especially true in areas with long, narrow lots—common in many parts of Edmonds—where townhouse configurations can lead to awkward site layouts, limited open space, and poor orientation. It’s also important to clarify that not all middle housing types are allowed in all areas. The Low-Density Residential Overlays Summary Table (ECDC 16.20.015(C)) identifies where specific housing types are permitted based on lot size and context. Some forms—such as cottage housing and courtyard apartments—are generally only feasible on larger lots due to their site planning needs. To help illustrate this point, the attached Lot Coverage and Unit Density Worksheet provides simplified examples showing how lot size, setbacks, and lot coverage constraints aƯect the buildable area. The examples highlight the challenges of fitting certain middle housing types on smaller lots, particularly when trying to ensure livable unit sizes and functional site layouts. 4. Accessory Dwelling Units (ADUs) and Unit Density Planning Board unanimously voted to count ADUs towards unit density—a decision left to local choice under the state law. 10.2.a Packet Pg. 482 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n M i d d l e H o u s i n g ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d PLANNING BOARD RECOMMENDATION: MIDDLE HOUSING CODE UPDATE 5 | P a g e Considerations: The Planning Board approached accessory dwelling units (ADUs) through the lens of their historical role—as accessory to a primary single-family home. This perspective also guided how middle housing types were considered. Under the recommended code, ADUs are only permitted in conjunction with detached single- family homes and are not allowed as accessory units to middle housing types. A property owner may not simply add a second single-family home to a lot where one already exists. They may add up to two ADUs to the existing home or choose to redevelop the site in a way that meets the definition of a middle housing type. This distinction is deliberate. The intent is to avoid an “ADU loophole” scenario, where two single-family homes are established on a lot and each is supplemented with two ADUs—resulting in six units without meeting aƯordability requirements or triggering appropriate review. If a property owner seeks that level of density, they would need to pursue a qualifying middle housing configuration, such as two duplexes, and meet either the aƯordability requirement or proximity-to-transit criteria. In short, single-family use remains distinct from middle housing. Allowing the scenario described above would conflict with the spirit of the legislation by enabling higher- density development while bypassing aƯordability provisions and potentially reducing impact fee obligations. 5. Lot Coverage The Board voted 4–2 to allow up to 45% lot coverage (up from 35%) for developments with 3 or 4 units across all LDR overlays, supporting livable unit sizes and functional site design. Considerations: The current code limits residential lot coverage to 35%, which raised concerns about the feasibility of constructing certain middle housing types— particularly on smaller or irregularly shaped lots. The Board was also concerned that the existing standard could result in overly constrained or undersized units. To address this, the Board supported allowing up to 45% lot coverage for developments with three or four units, provided the project meets the density criteria, either being located within one-quarter mile of a major transit stop or including at least one aƯordable unit. This targeted increase is intended to support more livable unit sizes, flexible site design, and better development outcomes without applying blanket increases across all residential projects. Additional details are provided in the attached Lot Coverage and Unit Density Table. 10.2.a Packet Pg. 483 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n M i d d l e H o u s i n g ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d PLANNING BOARD RECOMMENDATION: MIDDLE HOUSING CODE UPDATE 6 | P a g e 6. Density Bonus to Incentivize Cottage Housing The Planning Board voted 4–2 to allow up to six cottage housing units on a single lot within the LDR-L) overlay, provided that at least three of the six units meet the aƯordability requirement. Considerations: This incentive is intended to make cottage housing—a lower-impact, community-oriented housing type—more viable in the current market. Without this bonus, cottage housing is unlikely to be pursued, as it would have to compete with more financially lucrative middle housing types like fourplexes or stacked flats. Planning Board members also discussed how this approach could encourage creative partnerships between for-profit developers and aƯordable housing providers, where the market-rate units are developed by a private entity and the aƯordable units are constructed and managed by a nonprofit or public agency. By allowing a modest increase in unit count only when aƯordability is provided, this incentive supports both housing diversity and long-term community benefit Recommendation: Considering community feedback, the requirements of HB 1110, and the importance of aligning with Edmonds' long-standing values, the Planning Board recommends that City Council:  Adopt the proposed Middle Housing code update to ensure timely compliance with state law, understanding that further refinements may be addressed during Phase III code updates.  Preserve neighborhood character by retaining existing height and setback standards.  Permit increased lot coverage selectively for 3–4-unit developments, to support livable, functional housing types.  Allow six middle housing types—duplex, stacked duplex, triplex, fourplex, cottage housing, and courtyard apartments—while excluding townhouses based on design and compatibility concerns. Townhouses are still allowed in existing RM and other mixed-use zones.  Implement the new LDR zoning framework with contextual overlays to tailor development standards to local conditions and neighborhood patterns. 10.2.a Packet Pg. 484 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n M i d d l e H o u s i n g ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d PLANNING BOARD RECOMMENDATION: MIDDLE HOUSING CODE UPDATE 7 | P a g e This recommendation reflects a balanced approach—expanding housing options in a way that supports aƯordability, fits Edmonds’ character, and meets state requirements. Additional Considerations: Due to limited time and state-mandated adoption deadlines, the Planning Board was unable to fully explore several design topics that warrant further consideration. One of these was the use of prescribed frontage types to improve the relationship between private development and public space—particularly at the sidewalk. Frontage Types While the Board supported the concept of using frontage types to enhance pedestrian- oriented design, they ultimately voted not to include them in the Phase II recommendation. However, the draft code included the frontage types for Council’s further consideration. There was general agreement on their potential value, but not enough time to fully evaluate how they would apply across building types, zoning overlays, interact with setbacks, or respond to diƯerent site conditions. However, removing them entirely from the draft may require adjustments to other parts of the draft code and would impact on the overall regulatory structure. Thus, the Board recommends the following interim guidance: Interim guidance: To maintain momentum and minimize delays, if a pared down version of frontage types is retained, the Planning Board recommends including the following concepts in the draft ordinance:  Covered porches and building frontages shall not project into required front or side setbacks beyond clearly defined limits.  All primary entries should include a private frontage type, with flexibility (location, type, and size) based on site context. These adjustments provide a balanced interim approach while allowing for more refined frontage standards to be developed in Phase III. Considerations: The existing development code allows uncovered porches and decks to project up to 4 feet into front setbacks (ECDC 16.20.040(C)) The draft code expands frontage standards in the following ways, drawing from the Objective Design Standards Toolkit:  8-foot covered porch projections: Adapted from the Toolkit, this provision should be evaluated for its functional role and whether such depth is necessary in all contexts. 10.2.a Packet Pg. 485 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n M i d d l e H o u s i n g ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d PLANNING BOARD RECOMMENDATION: MIDDLE HOUSING CODE UPDATE 8 | P a g e  6-foot building projections (engaged porches): Based on Toolkit illustrations, these can be modified. This frontage may be appropriate in select cases—such as internally oriented cottage housing units facing a shared open space, where no setback encroachment occurs.  Required private frontage types at primary entries (draft code subsection 16.20.055.B.2): Establishes a baseline design expectation but could benefit from flexibility depending on site conditions. Concerns raised included:  Unvetted setback encroachments: Expanded porch and building projections may exceed what’s appropriate in certain contexts and were not fully analyzed. Limited flexibility on busy streets: Requiring street-facing entries may not be ideal for all locations. A possible solution is to apply the requirement only when the building is within a certain distance of the public right-of-way and clearly visible from the street.  Practical access concerns: Mandating orientation could limit convenient access for families, deliveries, or residents with mobility challenges—especially if secondary entries are not feasible. Additional Resources: User Guide for Middle Housing Model Ordinances (PDF) Model Ordinance for cities 25,000 and over (PDF) Middle Housing Objective Design Standard Detailed Toolkit (PDF) 10.2.a Packet Pg. 486 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n M i d d l e H o u s i n g ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d PLANNING BOARD RECOMMENDATION: MIDDLE HOUSING CODE UPDATE 9 | P a g e Attachment A: Lot Coverage and Unit Density Worksheet 10.2.a Packet Pg. 487 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n M i d d l e H o u s i n g ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d Lot Area (sq. ft.)Lot Coverage One Unit Two Units Three Units Four Units Five Units Six Units 35%2,100 1,050 700 525 420 350 45%2,700 1,350 900 675 540 450 35%2,800 1,400 933 700 560 467 45%3,600 1,800 1,200 900 720 600 35%4,200 2,100 1,400 1,050 840 700 45%5,400 2,700 1,800 1,350 1,080 900 35%7,000 3,500 2,333 1,750 1,400 1,167 45%9,000 4,500 3,000 2,250 1,800 1,500 Max. Average Unit Footprint Based on Density 6,000 8,000 12,000 20,000 This simplified table illustrates the feasibility of developing middle housing types under current site development standards. It assumes the proposed minimum lot area for parent lots and applies lot coverage limits of 35% and 45%. All diagrams are drawn to scale to help visualize how setbacks, lot area, and lot coverage influence the buildable area on a typical lot. The table divides the total buildable area by the number of units to estimate a hypothetical average unit footprint under maximum buildout conditions. Note: This worksheet provides conceptual unit footprints under ideal site conditions. Actual development feasibility may vary depending on open space, parking, and critical area constraints. Lot Coverage and Unit Density Worksheet Visualizing Feasibility of Middle Housing Types Based on Proposed Lot Coverage Standards of 35% and 45% 10.2.a Packet Pg. 488 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n M i d d l e H o u s i n g ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d Se t b a c k A r e a 45 % L o t C o v e r a g e Bu i l d a b l e A r e a 35 % L o t C o v e r a g e 6, 0 0 0 s f . L o t 8, 0 0 0 s f . L o t 12 , 0 0 0 s f . L o t 20 , 0 0 0 s f . L o t 10.2.a Packet Pg. 489 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n M i d d l e H o u s i n g ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d Title 16 ZONE DISTRICTS Chapters: 16.00 Zone Districts – Preface and Purpose 16.10 Residential Zones – Purposes 16.20 RS – Single-FamilyLDR – Low Density Residential 16.30 RM – Multiple Residential 16.40 Business and Commercial Zones – Purposes 16.43 BD – Downtown Business 16.45 BN – Neighborhood Business 16.50 BC – Community Business 16.53 BP – Planned Business 16.55 CW – Commercial Waterfront 16.60 CG – General Commercial Zone 16.62 MU – Medical Use Zone 16.65 OS – Open Space 16.70 MR – Marine Resource 16.75 MP – Master Plan Hillside Mixed-Use Zone 16.77 OR – Office-Residential 16.80 P – Public Use 16.100 Firdale Village Mixed-Use Zoning Criteria 16.110 WMU – Westgate Mixed-Use Zone District 10.2.b Packet Pg. 490 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) Chapter 16.00 ZONE DISTRICTS – PREFACE AND PURPOSE Sections: 16.00.000 Title. 16.00.010 Purposes. 16.00.020 Applicable to other titles. 16.00.030 Repealed. 16.00.000 Title. ECDC Titles 16 and 17 may be referred to as the zoning ordinance. 16.00.010 Purposes. In addition to the purposes stated in the city’s comprehensive plan, the zoning ordinance shall have the following purposes: A. To assist in the implementation of the adopted comprehensive plan for the physical development of the city by regulating and providing for existing uses and planning for the future as specified in the comprehensive plan; and B. To protect the character and the social and economic stability of residential, commercial, industrial, public, and other uses within the city, and to ensure the orderly and beneficial development of those uses by: 1. Preserving and retaining appropriate areas for each type of use; 2. Preventing encroachment into these areas by incompatible uses; and 3. By regulating the use of individual parcels of land to prevent unreasonable detrimental effects of nearby uses. [Ord. 3240 § 1, 1999]. 10.2.b Packet Pg. 491 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 16.00.020 Applicable to other titles. All uses in every zone district are subject to the general zoning regulations of ECDC Title 17 and to applicable regulations and policies contained in other titles of the community development code. 16.00.030 Adult motion picture theaters, etc., prohibited. Repealed by Ord. 3117. 10.2.b Packet Pg. 492 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) Chapter 16.10 RESIDENTIAL ZONES – PURPOSES Sections: 16.10.000 Purposes. 16.10.000 Purposes. The general purposes of the residential, or R,LDR (Low-Density Residential) and RM (Multi- Family Residential), zones are: A. To provide for areas of residential uses at a range of densities consistent with public health and safety and the adopted comprehensive plan; B. Any growth or development should strive to preserve for itself and its neighbors the following values: 1. Light (including direct sunlight), 2. Privacy, 3. Views, open spaces, shorelines and other natural features, 4. Freedom from air, water, noise and visual pollution; C. To provide for community facilities which complement residential areas and benefit from a residential environment; D. To minimize traffic congestion and avoid the overloading of utilities by relating the size and density of new buildings to the land around them, the capacity of nearby streets, and the availability of utilities; 10.2.b Packet Pg. 493 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) E. To protect residential uses from hazards and nuisances, such as fire, explosion, noxious fumes and noise, odor, dust, dirt, smoke, vibration, heat, glare, and heavy truck traffic, which may result from other, more intense, land uses. 10.2.b Packet Pg. 494 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) Chapter 16.20 RS – SINGLE-FAMILYLDR – LOW DENSITY RESIDENTIAL Sections: 16.20.000 PurposesPurpose. 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. 16.20.060 Site development standards – Accessory buildings. 16.20.005 General provisions. 16.20.010 Applicability 16.20.015 Overlays. 16.20.020 Unit density and affordable housing. 16.20.025 Uses. 16.20.030 Dimensional standards. 16.20.035 Site development standards. 16.20.040 Design standards. 16.20.045 Parking standards. 16.20.050 Building standards. 16.20.055 Frontage types. 16.20.060 Site development standards – accessory dwellings. 16.20.065 Site development standards – accessory buildings and structures. 16.20.070 Infrastructure standards. 16.20.080 Severability. 16.20.090 Authority to make necessary corrections. 16.20.000 PurposesPurpose. The RSLDR zone has the following specific purposes in addition to the general purposes for residential zones of ECDC 16.00.010 and 16.10.000: 10.2.b Packet Pg. 495 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) A. Provide land use, development, design, and other standards for middle housing developed on all lots zoned predominantly for residential use. 16.20.005 General provisions. A. Nothing in this ordinance prohibits the city from permitting detached single-family residences. B. Nothing in this ordinance prohibits the city from requiring any development, including middle housing development, to provide affordable housing, either on-site or through an in- lieu payment, nor limit the city's ability to expand or modify the requirements of an existing affordable housing program enacted under RCW 36.70A.540. C. Nothing in this ordinance requires the issuance of a building permit if other federal, state, and local requirements for a building permit are not met. D. Nothing in this ordinance affects or modifies the responsibilities of the city to plan for or provide “urban governmental services” as defined in RCW 36.70A.030. E. The city shall not approve a building permit for middle housing without compliance with the adequate water supply requirements of RCW 19.27.097. F. The city shall not require through development regulations any standards for middle housing that are more restrictive than those required for detached single-family residences but may apply any objective development regulations that are required for detached single- family residences, including, but not limited to, set-back, lot coverage, stormwater, clearing, and tree canopy and retention requirements. G. The same development permit and environmental review processes shall apply to middle housing that apply to detached single-family residences, unless otherwise required by state law including, but not limited to, shoreline regulations under chapter 90.58 RCW, building codes under chapter 19.27 RCW, energy codes under chapter 19.27A RCW, or electrical codes under chapter 19.28 RCW. H. Conflicts. In the event of a conflict between this ordinance and other development regulations applicable to middle housing, the standards of this ordinance control except that, this subsection shall not apply to shoreline regulations under Chapter 90.58.RCW. 10.2.b Packet Pg. 496 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 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. 4360 § 3 (Exh. A), 2024; Ord. 3547 § 1, 2005]. 16.20.010 Applicability. A. The provisions of this ordinance shall apply to all lots zoned predominantly for residential use, unless otherwise noted. B. The provisions of this ordinance do not apply to: 1. Portions of a lot, parcel, or tract designated with critical areas designated under RCW 36.70A.170 or their buffers as required by RCW 36.70A.170, except for critical aquifer recharge areas where a single-family detached house is an allowed use provided that any requirements to maintain aquifer recharge are met. 2. A lot that was created through "unit lot subdivisions," "condominium subdivisions," or similar methods of creating individual ownership units within middle housing developments, provided the parent lot as a whole complies with applicable minimum lot size requirements, dimensional standards, and density limitations. 16.20.015 Overlays. A. Purpose. 1. This section provides three overlays for the LDR zone that organizes the zone to provide site development for areas which differ in topography, location, and existing development factors. These overlays are known as Low-Density Residential – Small Lot (LDR-S), Low- Density Residential – Medium Lot (LDR-M), and Low-Density Residential – Large Lot (LDR-L) Each overlay has a different set of site development characteristics. B. Applicability. 1. This section establishes overlay zones for the Low-Density Residential zone, as mapped on the City of Edmonds Zoning Map. 10.2.b Packet Pg. 497 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 2. The overlay zones are generally described in the summary tables found in 16.20.015(C) and further defined in 16.20.020 ECDC through 16.20.065 ECDC. C. Low-density residential overlays summary table. LDR – Small Lot LDR – Medium Lot LDR – Large Lot Intent: Walkable neighborhood environment with access to transit and mixed uses. Short blocks with some alley access. Small -to- medium building footprints. Intent: Neighborhoods have diverse characteristics, many within walking distance of a neighborhood center or hub. Small-to-medium building footprints. Intent: Neighborhoods are mostly auto oriented and typically not serviced by transit. Small-to-large building footprints. Environmentally sensitive areas are prevalent. General Characteristics (see subsection 16.20.030(D) ECDC for site development standards) Typical lot 6,000-7,500 sf. Typical lot 8,000-11,500 sf. Typical lot 12,000-20,000 sf Up to 2.5 stories Up to 2.5 stories Up to 2.5 stories Small setbacks Medium setbacks Large setbacks Walkable neighborhood Some walkable neighborhoods Further from amenities Near mixed uses Near mixed uses Environmentally sensitive areas Allowed Building Types (see Section 16.20.020 ECDC for unit density requirements) Detached House Detached House Detached House Accessory Dwelling Unit Accessory Dwelling Unit Accessory Dwelling Unit Duplex, side-by-side Duplex, side-by-side Duplex, side-by-side Stacked Flat Stacked Flat Stacked Flat Triplex Triplex Triplex Fourplex Fourplex Fourplex Cottage Housing Cottage Housing Courtyard Apartments Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Engaged Porch Engaged Porch Projecting Porch Projecting Porch Projecting Dooryard Dooryard Dooryard Stoop Stoop Stoop Common Entry Commented [BS1]: Block model illustrations are being revised to reflect selected building types. Commented [BS2]: Frontage types were not included in the Planning Board’s formal recommendation due to time constraints and the complexity of fully evaluating their application across different contexts. However, the draft code retains example frontage types for City Council’s reference, should Council wish to adopt a simplified version to help preserve the intended regulatory framework. For additional context and discussion on this topic, please see the “Additional Considerations” section of the Planning Board’s recommendation. 10.2.b Packet Pg. 498 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 16.20.020 Unit density and affordable housing. A. The permitted unit density on all lots zoned predominantly for residential use is: 1. Two units per lot, unless zoning permitting higher densities or intensities applies. 2. Four units per lot on all lots within one-quarter mile walking distance of a major transit stop, unless zoning permitting higher densities or intensities applies. 3. Four units per lot if at least one unit on the lot is affordable housing meeting the requirements of subsections (D) through (H) below, unless zoning permitting higher densities or intensities applies. 4. For cottage housing development within the LDR-L overlay, six units per lot if at least three units on the lot are affordable housing meeting the requirements of subsections (D) through (H) below. B. The density standards of subsection (A) shall not authorize subdivision of any lot below the minimum lot area established for the underlying zone. However, this restriction does not prohibit "unit lot subdivisions," "condominium subdivisions," or similar methods of creating individual ownership units within middle housing developments, provided the parent lot complies with applicable minimum lot size requirements, dimensional standards, and density limitations. C. Accessory dwelling units count as units for the purposes of this section. D. Dwelling units that qualify as affordable housing shall have costs, including utilities other than telephone, that do not exceed 30 percent of the monthly income of a household whose income does not exceed the following percentages of median household income adjusted for household size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development: 1. Rental housing: 60 percent. 2. Owner-occupied housing: 80 percent. E. The units shall be maintained as affordable for a term of at least 50 years, and the property shall satisfy that commitment and all required affordability and income eligibility conditions. 10.2.b Packet Pg. 499 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) F. The applicant shall record a covenant or deed restriction that ensures the continuing rental or ownership of units subject to these affordability requirements consistent with the conditions in chapter 84.14 RCW for a period of no less than 50 years. G. The covenant or deed restriction shall address criteria and policies to maintain public benefit if the property is converted to a use other than that which continues to provide for permanently affordable housing. H. The units dedicated as affordable housing shall: 1. Be provided in a range of sizes comparable to other units in the development. 2. The number of bedrooms in affordable units shall be in the same proportion as the number of bedrooms in units within the entire development. 3. Generally, be distributed throughout the development and have substantially the same functionality as the other units in the development. 16.20.025 Uses. A. Permitted Primary Uses. A. 1. The following uses are permitted on all lots zoned predominantly for residential use, unless zoning permitting higher densities or intensities than those listed in ECDC 16.20.020(A) applies: 1. Primary Uses: a. Single-family dwelling unitsdwellings; b. 2. Middle housing types; c. Churches, subject to the requirements of ECDC 17.100.020; d. 3. Primary schools subject to the requirements of ECDC 17.100.050(G) through (R); 10.2.b Packet Pg. 500 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 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; f. 5. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070. 2. B. Permitted Secondary Uses. a. 1. Foster homes; b. 2. Accessory dwelling units, subject to the requirements of ECDC 16.20.050060; c. 3. Home occupation, subject to the requirements of Chapter 20.20 ECDC; d. 4. The renting of rooms without separate kitchens to one or more persons; e. 5. The following accessory buildings: i. a. Fallout shelters, ii. b. Private greenhouses covering no more than five percent of the site, iii. c. Private stables, iv. d. Private parking for no more than five cars, v. e. Private swimming pools and other private recreational facilities; f. 6. Private residential docks or piers; g. 7. Family day care in a residential home; h. 8. 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)(4) of this section, including commuter 10.2.b Packet Pg. 501 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) parking lots that are located upon more than one lot as specified in ECDC 21.15.075; i. 9. Bed and breakfasts, as in ECDC 20.23.020(A)(1). 3. C. Primary Uses Requiring a Conditional Use Permit. a. 1. High schools, subject to the requirements of ECDC 17.100.050(G) through (R); b. 2. Local public facilities that are not planned, designated, and sited in the capital improvement plan, subject to ECDC 17.100.050; c. 3. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. 4. D. Secondary Uses Requiring a Conditional Use Permit. a. 1. Preschools; b. 2. Amateur radio transmitting antennas; c. 3. 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 5. 4. Bed and breakfasts, as in ECDC 20.23.020(A)(2). [Ord. 4360 § 3 (Exh. A), 2024; Ord. 4333 § 6 (Exh. A), 2023; Ord. 3988 § 7, 2015; Ord. 3900 § 4, 2012; Ord. 3702 § 1, 2008; Ord. 3547 § 1, 2005]. 10.2.b Packet Pg. 502 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 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. 16.20.030 Site development standards. A. Applicability. 1. Development regulations applicable to middle housing shall not be more restrictive than those required for detached single-family residences. This includes, but is not limited to, the following types of dimensional standards: building height, setbacks, lot coverage, floor area ratio, lot area and lot dimension, impervious surface, open space, and landscaped area standards. B. Density. Lot area requirements and unit density shall comply with ECDC 16.20.020(A). C. Units per structure. Minimum and maximum numbers of dwelling units per structure for middle housing are provided by the definitions of middle housing types in Title 21 ECDC. D. Site development standards table. [Ord. 4360 § 3 (Exh. A), 2024; Ord. 3547 § 1, 2005]. 10.2.b Packet Pg. 503 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 16.20.030 Table of site development standards. LDR – S LDR – M LDR – L Parent Lot Area Minimum 6,000 sf. 8,000 sf. 12,000 sf. Lot Width 60’ 70’ 80’ Sub District Minimum Lot Area (Sq. Ft.) Lot Coverage Maximum Density1 Minimum Lot Width Minimum Street Setback Minimum Side Setback Minimum Rear Setback For developments containing one or two units: Maximum Heightlot coverage is 35% of the total lot area. For developments containing three or more units: Maximum lot coverage is 45% of the total lot area. Maximum Coverage (%) Minimum Parking Spaces2 RS-20 20,000 2.2Street Setback1, 2 100'20’ 25'25’ 35'3 & 10'25’ 25' 25' 35% 2 RS-12Side Setback 12,0005’ 3.7.5’ 80'10’ 25' 10' 25' 25' 35% 2 RSW-124Rear Setback 12,00015’ 3.715’ —25’ 15' 10' 35' 25' 35% 2 RS-10Rear Setback (alley) 10,0005’ 4.45’ 75'5’ 25' 10' 20' 25' 35% 2 Deleted Cells Deleted Cells Deleted Cells Deleted Cells Deleted Cells Deleted Cells Deleted Cells Deleted Cells Deleted Cells Deleted Cells Deleted Cells Deleted Cells Deleted Cells Deleted Cells Deleted Cells 10.2.b Packet Pg. 504 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) RS-8Height Maximum 8,00025’ 5.525’ 70'25’ 25' 7- 1/2' 15' 25' 35% 2 RS-6 6,000 7.3 60' 20' 5' 15' 25' 35% 2 RS-MP5 12,0005 3.75 80'5 25'5 10'5 25'5 25' 35% 2 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 number. 2 See Chapter 17.50 ECDC for specific parking requirements. 3 Thirty-five feet total of both sides, 10 feet minimum on either side. 1. 4 Lots must haveGarages or carports with vehicle access directly from a street shall be set back at least five feet further from the street lot line than the primary façade of the dwelling. 2. Street setback is reduced to 15’ for lots with frontage on the ordinary high water line and a public street or access easement approved by the hearing examiner. 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. [Ord. 4360 § 3 (Exh. A), 2024; Ord. 3547 § 1, 2005]. E. 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. 10.2.b Packet Pg. 505 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 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. 1. B. Eaves and Chimneys. Eaves and chimneys may project into a required setback not more than 30 inches. 2. 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. 3. E. Weather Protection. Canopies and awnings may project up five feet into the required setback. 4. Corner Lots. Corner lots have no rear setback; all setbacks other than the street setbacks shall be side setbacks. F. F. Docks, Piers, Floats. 1. 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. 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. 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. 4. 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 10.2.b Packet Pg. 506 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 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. 5. Number. No lot shall have more than one dock or pier or portion thereof located on the lot. 6. 6. Size. No residential dock or pier shall exceed 400 square feet. 7. 7. Floats. Offshore recreational floats are prohibited. 8. 8. Covered Buildings. No covered building shall be allowed on any residential dock or pier. [Ord. 4360 § 3 (Exh. A), 2024; Ord. 3845 § 5, 2011; Ord. 3547 § 1, 2005]. 16.20.045 Site040 Design standards. A. Applicability. 1. These standards apply to all middle housing types developed with up to six units on a lot. 2. Cottage housing and courtyard apartment standards apply only to those respective building types. 3. For the purposes of this section, “street” includes both public or private street, excluding alleys. 4. These design standards do not apply to the conversion of an existing structure to a middle housing type with up to four attached units, unless the total floor area is increased by more than 50 percent. 5. In the event of a conflict between the design standards in this section and other provisions of this code, the standards of ECDC 16.20.040 shall govern for middle housing development standards – Single-family master plan. B. A. GeneralPurpose. The “purpose of these standards is to: 1. Promote compatibility of middle housing with other residential uses, including single- family – master plan” zone is intended to apply to the area lying houses. 2. De-emphasize garages and driveways as major visual elements along the south street. 10.2.b Packet Pg. 507 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 3. Provide clear and accessible pedestrian routes between buildings and streets. 4. Implement the definitions of cottage housing and courtyard apartments provided by state law. C. Design review. Compliance with middle housing design standards shall be verified during the building permit review process and is not subject to a formal design review process. 1. Cottage housing. a. Open space. Open space shall be provided equal to a minimum 20 percent of the lot size. This may include common open space, private open space, setbacks, critical areas, and other open space. b. Common open space for cottage housing. i. At least one outdoor common open space is required. ii. A minimum of 300 square feet of common open space must be provided per cottage unit. iii. Minimum dimension of 15 feet on any side of SR-104 north of 228th Street SW, where there are . iv. Must be bordered by cottages on at least two sides. v. At least 50% of cottages must abut the common open space and have the primary entrance facing the common open space. vi. Parking areas and vehicular areas shall not qualify as common open space vii. Critical areas and their buffers, including steep slopes, shall not quality as common open space. viii. Common open space shall include: a. At least one canopy or ornamental tree, and b. A designated seating area (e.g., benches, seat walls). c. Entries. All cottages shall feature a roofed porch at least 60 square feet in size with a minimum dimension of five feet on any side with frontage on the common open space. d. Community building. 10.2.b Packet Pg. 508 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) i. A cottage housing 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 requiredshall contain no more than one community building. ii. A community building shall have no more than 1,500 square feet of net floor area, excluding attached garages. 2. Courtyard apartments. a. Yard or court. i. At least one yard or court is required. ii. Shall be bordered by attached dwelling units on two or three sides. iii. Shall be a minimum dimension of 15 feet on any side. iv. Parking areas and vehicular areas do not qualify as a yard or court. v. Common open space shall include: a. At least one canopy or ornamental tree, and b. A designated seating area (e.g., benches, seat walls). vi. Private open space such as patios or gardens may be located adjacent to the shared common open space, provided the separation is limited to low-scale features such as hedges, planter beds, or fences no taller than 3 feet, to maintain a visual connection to the shared open space. b. Entries. Courtyard apartments shall feature a covered pedestrian entry, such as a covered porch or recessed entry, with minimum weather protection of three feet by three feet, facing the street or yard or court. c. Pedestrian access. An accessible, paved walkway at least three feet wide shall be provided from the primary entrance of each building to the adjacent sidewalk, or the public right-of-way if no sidewalk exists. The walkway shall meet applicable ADA standards. A shared driveway may be used to meet this requirement if it provides a safe, accessible, and clearly defined pedestrian route. 3. General a. Vehicle access, carports, garages, and driveways. i. For lots abutting an improved alley that meets the city’s standard for width, vehicular access shall be taken from the alley. Lots without access 10.2.b Packet Pg. 509 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) to an improved alley and taking vehicular access from a street shall meet the other standards of subsection (ii)(a) through (c) below. ii. Garages, carports, driveways, and off-street parking areas shall not be located between a building and a street, except when any of the following conditions are met: a. The combined width of all garages, driveways, and off-street parking areas does not exceed a total of 60 percent of the length of the street frontage property line. This standard applies to buildings and not individual units; or b. The garage, driveway, or off-street parking area is separated from the street property line by a dwelling; or c. The garage, driveway, or off-street parking is located more than 100 feet from a street. iii. All garages and carports shall not protrude beyond the front building façade. iv. The total width of all driveway approaches shall not exceed 32 feet per frontage, as measured at the property line. Individual driveway approaches shall not exceed 20 feet in width. 10.2.b Packet Pg. 510 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 16.20.045 Parking standards. A. These standards apply to all housing permitted in this chapter, except as noted in subsection (C) of this section. B. Off-street parking for all primary residential uses shall be subject to the following: 1. No off-street parking shall be required within one-half mile walking distance of a major transit stop. 2. A maximum of one off-street parking space per unit shall be required on lots of 6,000 square feet or less, before any "unit lot subdivisions," "condominium subdivisions," or similar methods of creating individual ownership units within middle housing developments. 3. A maximum of two off-street parking spaces per unit shall be required on lots greater than 6,000 square feet before any zero lot line subdivisions or lot splits. C. The provisions of subsection (A) do not apply to: 10.2.b Packet Pg. 511 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 1. Portions of the city for which the Department of Commerce has certified a parking study in accordance with RCW 36.70A.635(7)(a), in which case off- street parking requirement shall be as provided in the certification from the Department of Commerce. 16.20.050 Building standards. A. Purpose. This section provides standards for the development can occur at RS-8 densitiesof individual building types to achieve the intended physical character of each zone, offering housing choices and affordable housing opportunities. 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 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. 4360 § 3 (Exh. A), 2024; Ord. 3547 § 1, 2005]. B. 16.20.050 General standards. 1. Building types are used to articulate size, scale, and intensity according to the intent of each overlay zone. 2. Each design site shall have only one primary building type, except as follows, and in compliance with all standards: 10.2.b Packet Pg. 512 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) a. Cottage Housing may consist of up to six individual residential buildings, provided the project meets the criteria for bonus incentive per 16.20.020 ECDC. b. More than one duplex is allowed on a parent lot provided that each unit includes a building entrance to a common open space that is not shared with vehicles. The minimum common open space shall consist of at least 300 square feet per unit with a minimum dimension of 15 feet on any side. 3. Parking may be designed as uncovered, covered, tuck-under, detached garage(s), podium or subterranean, in compliance with the design standards for parking placement. 10.2.b Packet Pg. 513 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) C. The maximum number of units identified for each building type is dependent on the design site being large enough to accommodate the site development and design standards (e.g., parking and open space). New buildings and their improvements are subject to the City’s local standards for Fire Safety and Building Safety. D. Primary Building types. 1. Intent. This section establishes building form standards for each zoning district to support a diverse, well-scaled urban character. These regulations supplement district-specific development standards and guide the design of individual building types to reinforce the intended physical character, expand housing options, and encourage affordability. Where conflicts occur, the more restrictive standard will govern. 2. Applicability. All primary structures in Low-Density Residential (LDR) districts must meet the provisions of this section. Building types are not required for buildings permitted under Chapter 17.100 ECDC Community Facilities. i. Applicants shall select an approved building type aligned with the proposed project and comply with its specific standards. ii. Applicants shall also designate a corresponding frontage type per Section 16.20.055 ECDC. iii. Any permitted use within the zone may occupy any building type. Building type names do not restrict or expand allowed uses as defined in Section 16.20.025 ECDC. iv. Civic and Institutional uses are exempt from these requirements. 3. Number of buildings. Each parent lot must comply with the maximum number of primary buildings permitted under this section’s building type standards and the unit density requirements in Section 16.20.020 ECDC. 10.2.b Packet Pg. 514 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 4. Single family dwelling, detached A detached single-family dwelling is a detached building designed for occupancy by one household and limited to one per parent lot. It includes a single mailbox and is served by one electric, gas, and water meter. All living, kitchen, and dining areas within the home are shared and accessed in common by the household. See definition for 'single-family dwelling' in 21.90.080 ECDC. Building Type Standards: Single Family Dwelling, detached Building Dimensions Building Height 25’ max. Unit Density Units per building 1 max. Units per parent lot 1 max. Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Projecting Stoop 10.2.b Packet Pg. 515 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 5. Duplex, side-by-side A duplex (side-by-side) is a residential building containing two attached primary dwelling units, arranged side-by-side configuration. See definition in 21.20.045 ECDC. Building Type Standards: Duplex, side-by-side Building Dimensions Building Height 25’ max. Unit Density Units per building 2 max. Units per parent lot 4 max. * *Must meet unit density requirements in Section 16.20.020 Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Projecting Stoop 10.2.b Packet Pg. 516 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 6. Stacked Flat A stacked flat is a residential building containing up to three attached primary dwelling units, arranged stacked configuration. See definition in 21.20.045 ECDC. Building Type Standards: Stacked Flat Building Dimensions Building Height 25’ max. Unit Density Units per building 4 max.* Units per parent lot 4 max.* *Must meet unit density requirements in Section 16.20.020 Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Projecting Stoop 10.2.b Packet Pg. 517 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 7. Triplex A triplex is a residential building with three attached dwelling units. See definition in 21.100.100 ECDC. Building Type Standards: Triplex Building Dimensions Building Height 25’ max. Unit Density Units per building 3 max.* Units per parent lot 3 max.* *Must meet unit density requirements in Section 16.20.020 Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Projecting Stoop 10.2.b Packet Pg. 518 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 8. Fourplex A fourplex is a residential building containing four attached units. See definition in 21.30.060 ECDC. Building Type Standards: Fourplex Building Dimensions Building Height 25’ max. Unit Density Units per building 4 max.* Units per parent lot 4 max.* *Must meet unit density requirements in Section 16.20.020 Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Projecting Stoop 10.2.b Packet Pg. 519 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 9. Cottage Housing Cottage Housing is a cluster of small, detached homes organized around a shared open space, typically oriented perpendicular to the street. The common courtyard may be partially or fully open to the street and is designed to fit comfortably on medium and large lots within low-density neighborhoods. See definition in 21.15.105 ECDC. Building Type Standards: Cottage Housing Open Space Requirements Minimum 20% of lot area. See Design Standards for Cottage Court in Section 16.20.040(C)(1). Building Dimensions Building Height 20’/25’* Building Width 36’ max. Finished Floor Area, cottage unit 1,000 sf. max. Finished Floor Area, community building 1,500 sf. max. *A single cottage unit may be 25’ provided it is more than 50’ from the public right-of-way. Unit Density Units per building 1 max. Units per parent lot 4/6 max.* *Must meet unit density requirements in Section 16.20.020 Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Projecting Stoop 10.2.b Packet Pg. 520 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 10. Courtyard Apartment A detached, house-scale building that consists of up to four attached units with off access of a shared courtyard. The number of units can vary depending on unit size. See definition in 21.100.100 ECDC. Building Type Standards: Courtyard Apartment Building Dimensions Building Height 25’ max. Unit Density Units per building 4 max.* Units per parent lot 4 max.* *Must meet unit density requirements in Section 16.20.020 Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Projecting Stoop Forecourt Commented [BS3]: Waiting on an updated illustration for Courtyard Apartments. Side Court illustration is shown as a placeholder. 10.2.b Packet Pg. 521 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 16.20.055 Frontage types. Purpose. This Section provides the standards for private frontages ("frontages"). Private frontages are the components of a building that provide the transition and interface between the public realm (street and sidewalk) and the private realm (setback or building) A. General Standards. 1. The names of the private frontage types indicate their configuration or function and are not intended to limit uses within the associated building. 2. Each building is required to include a private frontage type at each building entry along the front and/or side street or adjacent shared yard space. 3. Accessibility is provided through the allowed private frontage types for each zone. 4. Private frontage types not listed in the Low-Density Residential Overlay Summary Table in 16.20.015(C) are not allowed. 5. Each building may have different private frontage types in compliance with the allowed types in Section 16.20.050 ECDC. 6. In addition to the zone's standards, each private frontage is further refined through these standards to further calibrate the type for its context. Commented [BS4]: Frontage types were not included in the Planning Board’s formal recommendation due to time constraints and the complexity of fully evaluating their application across different contexts. However, the draft code retains example frontage types for City Council’s reference, should Council wish to adopt a simplified version to help preserve the intended regulatory framework. For additional context and discussion on this topic, please see the “Additional Considerations” section of the Planning Board’s recommendation. 10.2.b Packet Pg. 522 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) B. Porch Projecting Frontage Type Standards: Porch Projecting Description The main façade of the building is set back from the front or side street design site line with a covered structure encroaching into the front setback. The resulting setback area may be defined by a fence or hedge to spatially maintain the edge of the street. The Porch may be one or two stories, is open on three sides, with all habitable space located behind the building setback line. Size: Width, Clear 15’ min.* A Depth, Clear 8’ min. B Height, Clear 8’ min. C Stories Two stories max. Finish Level above sidewalk 12” min.** D Pedestrian Access 3’ wide min. E Distance between façade and design site line 15’ min. F * Reduce to 8' min. and maximum 1 story when applied to cottage housing building type ** Shared entries may be set at grade per local and federal accessibility standards. Miscellaneous: Porch shall be open on three sides. Clear glass may be installed between the porch columns. The porch is not required to be covered. The Porch is allowed to encroach into the front and side street setbacks in compliance with Subsection X of the zone. Ramps are required to be integrated along the side of the building to connect with the Projecting Porch. 10.2.b Packet Pg. 523 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) C. Porch Engaged Frontage Type Standards: Porch Engaged Description A portion of the main façade of the building is set back from the front or side street design site line to create an area for a covered structure that projects from the façade that is set back. The Porch may project into the front setback. The resulting setback may be defined by a fence or hedge to spatially maintain the edge of the street. The Porch may be one or two stories and has two adjacent sides that are engaged to the building, while the other two sides are open. Size: Width, Clear 8’ min. A Depth, Clear 8’ min. B Height, Clear 8’ min. C Stories Two stories max. Finish Level above sidewalk 12” min.* D 3’ wide min. E Encroachment area of a building façade: Depth 6’ max. F Width 1/3 min. of overall building facade G Miscellaneous: Up to 20% of the building façade and porch(es) may project into the front setback line for the zone. Porch shall be open on two sides. Clear glass may be installed between the porch columns. The Porch is allowed to encroach into the front and side street setbacks in compliance with Subsection X of the zone. Ramps are required to be integrated along the side of the building to connect with the Engaged Porch. 10.2.b Packet Pg. 524 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) D. Dooryard Frontage Type Standards: Dooryard Description The main façade of the building is set back from the front or side street design site line, which is defined by a low wall or hedge, creating a small private area between the sidewalk and the façade. Each Dooryard is separated from adjacent Dooryards. The Dooryard may be raised or at grade. Size: Depth, Clear 6’ min. A Length 15’ min. B Distance between glazing 4’ max. C Depth of recessed entries 3’ max. D Pedestrian access 3’ wide min. E Finish level above Sidewalk 12” max.* F Height of Dooryard Fence/Wall above Finish Level 36” max. G Encroachment area of a building façade: Depth 6’ max. F Width 1/3 min. of overall building facade G * Shared entries may be set at grade per local and federal accessibility standards. Miscellaneous: Each Dooryard shall provide access to only one ground floor entry. The Dooryard is allowed to encroach into the front and side street setbacks in compliance with Subsection X of the zone. Ramps are required to be integrated along the side of the building to connect with the Dooryard. 10.2.b Packet Pg. 525 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) E. Common Entry Frontage Type Standards: Common Entry Description The main façade of the building is near or set back from the front or side street design site line, with a covered entry within the main façade, providing a transition between the sidewalk and the interior. The entryway leads to a lobby or foyer that provides interior access to units. Size: Depth, Clear 6’ min. A Height to Canopy/Ceiling, Clear 2.5 x Clear Width Max. B Finish level above Sidewalk or connected pedestrian walkway 0” to 30” Max. C Miscellaneous: Entry doors shall be covered and/or recessed to provide shelter from the elements. Gates are not allowed. Entry doors shall face the street. Canopy, where provided, shall be at least as wide as the opening. 10.2.b Packet Pg. 526 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) F. Stoop Frontage Type Standards: Stoop Description The main façade of the building is near the front or side street design site line with steps to an elevated entry. The Stoop is elevated above the sidewalk to provide privacy along the sidewalk-facing rooms. Stairs or ramps from the Stoop may lead directly to the sidewalk or may be parallel to the sidewalk. Size: Width, Clear 4’ min. A Depth, Clear 3’ min. B Height, Clear 8’ min. C Stories One story max. Finish Level above sidewalk 12” min. D Distance between façade and Design Site Line 6’ min. E Miscellaneous: Stairs may be perpendicular or parallel to the building façade. Entry doors shall be covered or recessed to provide shelter from the elements. All doors shall face the street. The Stoop is allowed to encroach into the front and side street setbacks in compliance with Subsection X of the zone. Ramps are required to be integrated along the side of the building to connect with the Stoop. 10.2.b Packet Pg. 527 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 16.20.060 Site development standards – Accessory dwelling units. A. General. Accessory dwelling units must meet all of the standards of Chapter 16.20 ECDCthis chapter except as specifically provided in this section. B. DetachedNumber of Units. A detached single-family dwelling unit may have two accessory dwelling units are prohibited in critical aquifer recharge areas as defined in ECDC 23.40.005 until six months after the jurisdiction’s next periodic comprehensive plan update required under RCW 36.70A.130 or June 30, 2025, whichever occurs first. B. Number of Units. A principal dwelling unit may have two in one of the following configurations: one attached and one detached accessory dwelling units in one of the following configurations: one, two attached and one detached accessory dwelling units, or two attacheddetached accessory dwelling units, or two detached accessory dwelling units. This provision does not apply to other housing types, including but not limited to townhouses, duplexes, triplexes, fourplexes, or cottage housing. C. Table of ADU Development Standards. Sub DistrictOverlay Maximum ADU Gross Floor Area (Sq. Ft.).)_ Minimum DADU Rear Setback1,2 Maximum DADU Height Minimum Parking Spaces RS-20LDR - L 1,200 25' 24'24’ 040/14 RS-12LDR - M 1,200 25'20'3 24'24’ 040/14 RS-10 1,200 20' 24' 04 RS-8LDR - S 1,000 10'3 24'24’ 040/14 RS-6 1,000 10'3 24' 04 10.2.b Packet Pg. 528 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 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; provided, that separation from overhead electrical facilities and vehicular sight distance requirements can be met. 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 feet in height or less. 4 The first accessory dwelling unit on a lot does not require an additional parking space. A second accessory dwelling unit on a lot requires one additional off-street parking space. 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 ECDC 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. 1. 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. 2. Water. Only one domestic 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. 3. 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. 4. Septic System. Refer to Chapter 18.20 ECDC. 5. Storm. Refer to Chapter 18.30 ECDC. 6. Other Utilities. All new or extended utilities must be undergrounded in accordance with ECDC 18.05.010. 10.2.b Packet Pg. 529 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 7. Mailboxes. Additional mailboxes may be added for each permitted unit as approved by the U.S. Postal Service. 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 willshall 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 section. If expansion or modification to an approved unit is proposed, the ADU must come into full compliance with the requirements of this section. [Ord. 4360 § 3 (Exh. A), 2024]. 16.20.060065 Site development standards – Accessory buildings and structures. 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 may be 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. 10.2.b Packet Pg. 530 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 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. 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; 10.2.b Packet Pg. 531 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) b. Requests to utilize an antenna which: i. 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. 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: 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 may be ground- or roof-mounted, however, these devices shall: i. 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. ii. Not be located within any required setback area; and iii. 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 10.2.b Packet Pg. 532 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) telescoping or crank-up mechanism unless an applicant obtains a waiver (see subsection (F) of this section). i. 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. 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. 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. i. Actual compliance with the existing provisions of the city’s zoning ordinance would prevent the satellite television antenna from receiving a 10.2.b Packet Pg. 533 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 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. 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 interactive process described in subsection (F)(3)e 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. 3c. 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 10.2.b Packet Pg. 534 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 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. 4d. 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. 5e. 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 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. Gf. 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. 4360 § 3 (Exh. A), 2024; Ord. 3736 §§ 8, 9, 2009; Ord. 3728 § 3, 2009; Ord. 3547 § 1, 2005. Formerly 16.20.050]. 16.20.060 Infrastructure standards. A. Transportation. Regulations for driveways, frontage improvements, alley improvements, and other transportation, public works, and engineering standards shall not be more restrictive for middle housing than for detached single-family residences, except as addressed by this ordinance. B. Lot Access/Road Standards. 10.2.b Packet Pg. 535 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 1. Private driveway access shall be permitted for middle housing development with any number of units when a fire apparatus access road is within 150 feet of all structures on the lot and all portions of the exterior walls of the first story of the buildings, as measured by an approved route around the exterior of the buildings. 2. When a fire apparatus road is not within 150 feet of all structures on the lot, subsection (B)(1) does not apply and one of the following conditions must be met: a. The building is equipped throughout with an approved automatic sprinkler system meeting International Fire Code requirements. b. No more than two units are accessed via the same private driveway. c. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 2. Private driveways shall not be required to be wider than 12 feet and shall not be required to have unobstructed vertical clearance more than 13 feet six inches except when it is determined to be in violation of the International Fire Code or other fire, life, and safety standards, such as sight distance requirements. 3. Private driveway access, separate from access to an existing home, shall be permitted unless it is determined to be in violation of the International Fire Code or other fire, life, safety standards, such as site distance requirements. 4. This subsection is not intended to limit the applicability of the adopted International Fire Code, except as otherwise presented in this subsection. 10.2.b Packet Pg. 536 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 16.20.080 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. 16.20.090 Authority to make necessary corrections. The City Clerk and the codifiers of this Ordinance are authorized to make necessary corrections to this Ordinance including, but not limited to, the correction of scrivener’s clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereto. 10.2.b Packet Pg. 537 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) Title 21 DEFINITIONS Chapters: 21.00 Definitions – General 21.05 “A” Terms 21.10 “B” Terms 21.15 “C” Terms 21.20 “D” Terms 21.25 “E” Terms 21.30 “F” Terms 21.35 “G” Terms 21.40 “H” Terms 21.45 “I” Terms 21.47 “J” Terms 21.50 “K” Terms 21.55 “L” Terms 21.60 “M” Terms 21.65 “N” Terms 21.75 “O” Terms 21.80 “P” Terms 21.85 “R” Terms 21.90 “S” Terms 21.100 “T” Terms 21.105 “U” Terms 21.110 “V” Terms 21.115 “W” Terms 21.125 “Z” Terms 10.2.b Packet Pg. 538 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) Chapter 21.00 DEFINITIONS – GENERAL Sections: 21.00.000 General. 21.00.000 General. A. Normal Meanings. For the purpose of the community development code, all words used in the code shall have their normal and customary meanings, unless specifically defined otherwise in this code. B. Rules. 1. Words used in the present tense include the future. 2. The plural includes the singular, and vice versa. 3. The words “shall” and “may not” and “no – may” are mandatory. 4. The word “may” indicates that discretion is allowed. 5. The word “used” includes “designed, intended or arranged” to be used. 6. The masculine gender includes the feminine and vice versa. 7. Distances shall be measured horizontally unless otherwise specified. 8. The word “building” includes a portion of a building or lot. C. Adopted Codes. Where a code or codes have been adopted by reference or incorporation which may contain a definition or definitions conflicting with those set forth in this chapter, for the purpose of that particular referenced or incorporated code, and only that code, the definition therein shall prevail. D. Cross References. Sections which make only cross-reference to another term are not intended to be synonymous with the other term, but are only intended to serve as a finding aid to the other term unless specifically stated to mean the same. 10.2.b Packet Pg. 539 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) Chapter 21.05 “A” TERMS Sections: 21.05.005 Repealed. 21.05.010 Accessory buildings. 21.05.015 Accessory dwelling unit. 21.05.020 Accessory use. 21.05.021 Adult definitionsAdministrative design review. 21.05.022 Repealed. 21.05.023 RepealedAdult definitions. 21.05.025 Alley. 21.05.030 Animal hospital. 21.05.035 Repealed. 21.05.040 Alteration(s). 21.05.050 Repealed. 21.05.055 Repealed. 21.05.060 Auto wrecking. 21.05.005 Accessory antenna device. Repealed by Ord. 3961. 21.05.010 Accessory buildings. Accessory building means one which is subordinate to the main building, and is incidental to the use of the main building on the same lot. Any building attached by a breezeway, hallway, or other similar connection and otherwise separated by more than 10 feet from the main building shall be considered to be an accessory building. [Ord. 3728 § 1, 2009]. 21.05.015 Accessory dwelling unit. An accessory dwelling unit (ADU) is a subordinate dwelling unit added to, created within, or detached from a principal dwelling unit, providing independent living facilities that include 10.2.b Packet Pg. 540 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) permanent provisions for living, sleeping, eating, cooking and sanitation. Accessory dwelling unit does not include recreational vehicles or mobile homes. [Ord. 4360 § 9 (Exh. A), 2024; Ord. 3294 § 2, 2000]. 21.05.020 Accessory use. Accessory use means a use incidental and subordinate to the use of the main building on the same lot. 21.05.021 Administrative design review. A development permit process whereby an application is reviewed, approved, or denied by the planning and development director or their designee based solely on objective design and development standards without a public hearing, unless such review is otherwise required by state or federal law, or the structure is a designated landmark or historic district established under a local preservation ordinance. A city may utilize public meetings, hearings, or voluntary review boards to consider, recommend, or approve requests for variances from locally established design review standards. 21.05.022 Adult entertainment center. Repealed by Ord. 3117. 21.05.023 Adult definitions. A. Adult Arcade. An adult arcade is a commercial establishment containing individual viewing areas or booths, where, for any form of consideration, including a membership fee, one or more still or motion picture projectors, slide projectors, or other similar image producing machines are used to show films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. 10.2.b Packet Pg. 541 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. F. Adult Retail Store. An adult retail store is a commercial establishment such as a bookstore, video store, or novelty shop which as one of its principal business purposes offers for sale or rent, for any form of consideration, any one or more of the following: 1. Books, magazines, periodicals or other printed materials, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified sexual anatomical areas; or 2. Instruments, devices, or paraphernalia that are designed for use in connection with any specified sexual activities. [Ord. 3117 § 7, 1996]. 21.05.022 Adult entertainment center. Repealed by Ord. 3117. 21.05.023 Adult motion picture theater. Repealed by Ord. 3117. 21.05.025 Alley. An alley is a publicly dedicated right-of-way which provides a secondary means of access; the definition of street shall include an alley; provided, however, that an alley shall not be considered a street for the purposes of calculating the setback and front yard requirements. No lot fronting on a street and an alley shall be considered either a corner lot or a lot having two street frontages. [Ord. 2502, 1985]. 21.05.030 Animal hospital. An animal hospital means a building for the medical or surgical treatment of animals or pets, including dog, cat, and veterinary hospitals including the boarding of hospitalized animals but not excluding the boarding of animals not treated medically or surgically. (See also, Domestic Animal.) 10.2.b Packet Pg. 542 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 21.25.020 Equipment shelter or cabinet. Equipment shelter or cabinet is a room, cabinet or building used to house equipment for utility or service providers (see Title 22, Plates 1 – 4). [Ord. 3099 § 6, 1996]. 21.25.100 Expressive dance. Expressive dance means any dance which, when considered in the context of the entire performance, constitutes an expression of art, theme, story or ideas, but excluding any dance such as, but not limited to, common barroom-type topless dancing which, when considered in the context of the entire performance, is presented primarily as a means of displaying nudity as a sales device or for other commercial exploitation without substantial expression of theme, story or ideas, and the conduct appeals to the prurient interest, depicts sexual conduct in a patently offensive way and lacks serious literary, artistic, political or scientific value. [Ord. 3117 § 8, 1996]. Chapter 21.30 “F” TERMS Sections: 21.30.010 Family. 21.30.014 Farmers’ market. 21.30.020 Fence. 21.30.030 Flag lot. 21.30.032 Flat. 21.30.035 Float, recreational. 21.30.040 Floor area. 21.30.050 Formal subdivision. 21.30.060 Foster home. 21.30.065 Fourplex 21.30.070 Fraternity. 21.30.080 Repealed. 10.2.b Packet Pg. 543 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 21.30.050 Formal subdivision. (See ECDC 20.75.030.) 21.30.060 Foster home. Foster home means a social service facility licensed by the state as a full-time foster family and described as an agency which regularly provides on a 24-hour basis to one or more individuals, but not more than six individuals. [Ord. 2818 § 3, 1991]. 21.30.065 Fourplex. A residential building containing exactly four attached dwelling units located on a single lot. Units may be arranged side-by-side, stacked vertically, or configured through a combination of these arrangements, sharing common structural elements such as walls, floors, or ceilings. 21.30.070 Fraternity. Fraternity means a building occupied by and maintained exclusively for students affiliated with an academic or professional college or university, or other recognized institution of higher learning and regulated in some part by that institution. 21.30.080 Freestanding sign. Repealed by Ord. 3313. 10.2.b Packet Pg. 544 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) meet current zoning requirements. (See also, Corner Lot, Flag Lot, Interior Lot, and Irregular Lot, and Parent Lot.) [Ord. 3982 § 1, 2014]. 21.55.015 Lot of record. Lot of record means a single tract of land meeting any one of the criteria listed below. A. Platted lots: 1. Any lot whose boundaries were establish in a recorded plat or short plat. 2. Any lot whose boundaries were establish in an unrecorded short plat approved by the city of Edmonds between July 3, 1956, and March 19, 1974 (not all short plats were required to be recorded). 3. Any combination of two or more lots shoring a side lot line as depicted in the following recorded plats: a. City of Edmonds. b. Brackett’s First Addition. c. Gephart’s First Addition. d. Kellogg’s Plat of Edmonds. e. Albert B. Lord’s Grandview Addition. 4. Any lot established by Snohomish County prior to the property’s being annexed into the city of Edmonds and: a. Whose boundaries were established by transfer of ownership before September 12, 1972, and the lot met all zoning and subdivision requirements in effect at the time of its creation. b. Whose boundaries were established between August 19, 1969, and September 12, 1972, by county approved short plat but not recorded with the county auditor’s office. 10.2.b Packet Pg. 545 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) Chapter 21.60 “M” TERMS Sections: 21.60.002 Repealed. 21.60.004 Repealed. 21.60.005 Major transit stop 21.60.006 Repealed. 21.60.008 Middle housing. 21.60.010 Mobile home. 21.60.020 Mobile home park. 21.60.030 Moorage. 21.60.040 Motel. 21.60.045 Repealed. 21.60.046 Repealed. 21.60.050 Multiple dwelling. 21.60.060 Multiple dwelling units. 21.60.002 Macro facility. Repealed by Ord. 3845. Repealed by Ord. 3845. 21.60.004 Micro facility. Repealed by Ord. 3845. Repealed by Ord. 3845. 21.60.006 Mini facility. Repealed by Ord. 3845. 21.60.005 Major transit stop. (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; or 10.2.b Packet Pg. 546 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) (d) Stops on bus rapid transit routes, including those stops that are under construction. 21.60.008 Middle housing. Buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, townhouses, stacked flats, courtyard apartments, and cottage housing. 21.60.010 Mobile home. Mobile home means a building over 32 feet in length, assembled and transported to a site ready for occupancy, and which is not placed on a permanent foundation and does not meet the provision of the building code for houses. (See also, Trailer.) 21.60.020 Mobile home park. Mobile home park means land where two or more mobile homes are stored or used. (See also, Trailer Park.) 21.60.030 Moorage. Moorage means a place to tie up or anchor a boat. 21.60.040 Motel. Motel means a building containing units which are used as individual sleeping units having their own private toilet facilities and sometimes their own kitchen facilities, designed primarily for the accommodation of transient automobile travelers. Accommodations for trailers are not included. This term includes tourist court, motor lodge, auto court, cabin court, motor hotel, motor inn and similar names. (See also, Hotel.) 10.2.b Packet Pg. 547 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 21.60.045 Monopole I. Repealed by Ord. 3845. Repealed by Ord. 3845. 21.60.046 Monopole II. Repealed by Ord. 3845. Repealed by Ord. 3845. 21.60.050 Multiple dwelling. Multiple dwelling means a building or a group of buildings on the same site containing twofive or more separate dwelling units. (See also, Dwelling Unit.) 21.60.060 Multiple dwelling units. A multiple dwelling unit is a dwelling unit located in a multiple dwelling or within a mixed use development such as a multiple dwelling unit located in a commercial structure as a secondary use under the authority of ECDC 16.50.010(B)(3). [Ord. 2958 § 3, 1993]. Chapter 21.65 “N” TERMS Sections: 21.65.010 Natural open space areas. 21.65.020 Neighborhood park. 21.65.010 Natural open space areas. Natural open space areas mean public recreation areas consisting of open space land left in its natural state and used primarily as a buffer or separation from other urban uses. Depending upon the conditions of the site, the site may or may not be available for public access. In the Puget Sound area, natural open space generally contains heavily forested areas with dense underbrush. In many cases, environmentally sensitive areas are considered as natural open 10.2.b Packet Pg. 548 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) dining area. An outdoor dining area must be located on property outside of the city right-of- way. [Ord. 3871 § 2, 2012]. Chapter 21.80 “P” TERMS Sections: 21.80.005 Parent Lot. 21.80.005010 Parks and recreation special use areas. 21.80.010 Permitted use. 21.80.020 Permit coordinator. 21.80.030 Person. 21.80.040 Pedestrian-bike path. 21.80.050 Petroleum products storage and distributing. 21.80.055 Pier. 21.80.060 Planning advisory board. 21.80.065 Planning official. 21.80.070 Primary use. 21.80.075 Principal dwelling unit. 21.80.080 Private. 21.80.090 Private parking. 21.80.095 Project permit or project permit application. 21.80.100 Repealed. 21.80.103 Public market. 21.80.105 Public meeting. 21.80.005 Parent Lot. The original lot, parcel, or tract of land, as recorded with the County Assessor’s office, prior to subdivision or other division methods such as unit lot subdivisions or condominium plats, from which new unit lots or individually owned units are created. A parent lot must meet all applicable zoning requirements, including minimum lot size, dimensional standards, and density allowances for the underlying zoning district. 10.2.b Packet Pg. 549 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 21.80.010 Parks and recreation special use areas. Parks and recreation special use areas mean public facilities used for specialized recreational, educational, or community purposes. Special use areas include miscellaneous publicly owned facilities that do not generally meet the classification criteria for neighborhood, community, regional, or waterfront park areas. Special use areas often include various types of indoor facilities. Examples of special use areas in Edmonds include the Meadowdale Clubhouse, Historical Museum, and Frances Anderson Center. Parks and recreation special use areas are a type of local public facilities. [Ord. 3353 § 18, 2001]. 21.80.010 Permitted use. Permitted use means a use not requiring a conditional use permit. (See also, Use.) 21.80.020 Permit coordinator. Permit coordinator means the planning and development director or other person designated by the mayor. [Ord. 4314 § 94 (Exh. A), 2023]. 21.80.030 Person. Person means any person, firm, business, corporation, partnership, or other association or organization, marital community, municipal corporation, special district or governmental agency, and includes the plural such as persons, firms, etc. 21.80.040 Pedestrian-bike path. (See Bike-Pedestrian Path.) 10.2.b Packet Pg. 550 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 21.80.075 Principal dwelling unit. Principal dwelling unit means a primary housing unit located on the same lot as an accessory dwelling unit. [Ord. 4360 § 9 (Exh. A), 2024]. 21.80.080 Private. Private means for the noncommercial use of the occupant and guests of the occupant. 21.80.090 Private parking. Private parking means parking facilities for the noncommercial use of the occupant and guests of the occupant, including garages and carports. (See also, Off-Street Parking and Commercial Parking Lots.) 21.80.095 Project permit or project permit application. Project permit or project permit application for purposes of the ECDC means any land use or environmental permit or license required by the ECDC for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical areas ordinances, site-specific rezones which do not requireauthorized by a comprehensive plan amendmentor sub-area plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection. [Ord. 4371 § 7 (Exh. A), 2024; Ord. 3112 § 36, 1996]. 21.80.100 Projecting sign. Repealed by Ord. 3313. 10.2.b Packet Pg. 551 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 21.90.060 Sidewalk or trail. 21.90.070 Repealed. 21.90.080 Single-family dwelling (unit). 21.90.085 Single-family zones. 21.90.090 Site. 21.90.095 Small animal hospital. 21.90.100 Sorority. 21.90.101 Specified anatomical areas. 21.90.102 Specified sexual activities. 21.90.105 Stacked flat. 21.90.110 Story. 21.90.120 Street. 21.90.130 Street lot line. 21.90.140 Street setback. 21.90.150 Structure. 21.90.160 Structural alterations. 21.90.170 Subdivision. 21.90.006 Satellite television antenna. A satellite television antenna is an apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit. [Ord. 2526 § 1, 1985. Formerly 21.90.008]. 21.90.008 School. School means public facilities consisting of grounds and facilities primarily used or dedicated for the academic education of students from preschool through the twelfth grade and licensed or accredited pursuant to RCW Title 28A. “Primary schools” are schools used or dedicated for the education of students from preschool through the eighth grade. “High schools” are schools used or dedicated for the academic education of students from ninth grade through the twelfth grade. Schools are considered to include all school buildings, structures, ballfields, stadiums, 10.2.b Packet Pg. 552 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 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 familyhousehold, 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. [Ord. 4360 § 9 (Exh. A), 2024; Ord. 4260 § 5 (Exh. A), 2022]. 21.90.085 Single-family zones. Those zones where single-family detached residences are the predominant land use. 21.90.090 Site. Site, when used in describing an approval or permit process in this code, means the property which is the subject of the approval or permit application. 21.90.095 Small animal hospital. A small animal hospital means a veterinary facility which treats small domestic house pets such as dogs, cats, birds, fish and/or other small exotic animals under 100 pounds. This definition shall not include veterinary facilities which board or breed domestic animals or which treat, board or otherwise house or care for horses, sheep, cattle, pigs or other species of animals which typically weigh over 100 pounds per mature individual. [Ord. 2759 § 3, 1990]. 21.90.100 Sorority. Sorority means the same type of use as a fraternity, particularly for females. 10.2.b Packet Pg. 553 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 21.90.101 Specified anatomical areas. Specified anatomical areas means and includes any of the following: A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or B. Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola. [Ord. 3117 § 12, 1996]. 21.90.102 Specified sexual activities. Specified sexual activities means and includes any of the following: A. The caressing, fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or C. Masturbation, actual or simulated; or D. Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition. [Ord. 3117 § 14, 1996]. 21.90.110 Story. Story means that part of a building lying between two floors or between the floor and ceiling of the highest usable level in the building. 21.90.115 Stacked Flat. 10.2.b Packet Pg. 554 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) Dwelling units in a residential building of no more than three stories on a residential zoned lot in which each floor may be separately rented or owned. 21.90.120 Street. Street means the public or private right-of-way or access easement which provides vehicle access to five or more lots. [Ord. 3364 § 1, 2001]. 21.90.130 Street lot line. Street lot line means the line or lines along the edge of a street or access right-of-way or easement. Where the official street map shows a proposed right-of-way, the edge of the proposed right-of-way shall be used as the street lot line. If additional right-of-way has been required as provided in ECDC 18.80.010, note 4, and such requirement unreasonably restricts the building footprint established by setback requirements, the city staff may calculate required setbacks for issuance of a building permit by alternatively measuring the setback from the standard street lot line, and not from the new street lot line as increased by a requirement levied under the authority of ECDC 18.80.010, note 4. [Ord. 2713, 1989]. 21.90.140 Street setback. Street setback means the minimum distance required by this code for a building or structure to be set back from the street lot line. [Ord. 3602 § 2, 2006]. 21.90.150 Structure. Structure means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential fences less than six feet in height, retaining walls, rockeries, and similar improvements of a minor character less than three feet in height. 10.2.b Packet Pg. 555 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 21.90.160 Structural alterations. (See Alterations.) 21.90.170 Subdivision. (See ECDC 20.75.030.) Chapter 21.100 “T” TERMS Sections: 21.100.010 Tavern. 21.100.020 Temporary building or structure. 21.100.030 Through lot. 21.100.040 Townhouse. 21.100.050 Trails. 21.100.060 Trailer. 21.100.070 Trailer park. 21.100.075 Transient accommodation. 21.100.080 Repealed. 21.100.090 Transit center. 21.100.090 Triplex. 21.100.010 Tavern. Tavern means a building where beer and/or wine is served to the public, which holds a class A or B license from the Washington State Liquor Control Board. 10.2.b Packet Pg. 556 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 21.100.020 Temporary building or structure. Temporary building or structure means a building or structure not having or requiring permanent attachment to the ground or involving structures which have no required permanent attachment to the ground. 21.100.030 Through lot. Through lot means a lot fronting on two streets that is not a corner lot. 21.100.040 TownhouseTownhouses. Townhouse means a multiple dwelling unit meeting the following criteria: A. No dwelling unit overlapping another vertically; B. Common side walls joining units; C. Not more than six dwelling units in one structureBuildings that contain three to six attached single-family dwelling units that extend from foundation to roof and that have a yard or public way on not less than two sides. ; D. Coverage shall not exceed the aggregate coverage of the individual structures as defined in the zoning code. [Ord. 4070 § 3 (Exh. 1), 2017]. 21.100.050 Trails. (See Sidewalks.) 10.2.b Packet Pg. 557 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 21.100.100 Triplex. A residential building containing exactly three attached dwelling units located on a single lot. Units may be arranged side-by-side, stacked vertically, or configured through a combination of these arrangements, sharing common structural elements such as walls, floors, or ceilings. Each unit must have an independent exterior entrance or be accessed through a shared common entry. Chapter 21.105 “U” TERMS Sections: 21.105.010 Undisturbed soil. 21.105.115 Usable satellite signal. 21.105.020 Use. 21.105.030 Used car lot (or sales). 21.105.040 Unit density. 21.105.010 Undisturbed soil. Undisturbed soil means the condition of the site at the time a building permit application is made to the city, before any site work occurs. However, where the site has been altered by grading, cutting, or filling or similar activities before the application for a building permit, the building official shall make the determination from then available data of the mean elevation of the undisturbed soil. If the undisturbed soil elevation is not readily determined due to demolition of an existing structure, the contours may be reconstructed by the building official to coincide with adjoining topography to determine the undisturbed soil elevations. If the proposed structure occurs where no setbacks are required, the elevation of the surface (sidewalk, alley, or soil) of the property line at or nearest the intersection of the sides of the building height rectangle will be considered undisturbed soil. Where the building official deems it necessary, he shall have the right to require establishment of a datum point from which all height measurements shall be made. 10.2.b Packet Pg. 558 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) 21.105.050 Unit Density. The total number of dwelling units permitted on a lot, including primary dwelling units and all accessory dwelling units (ADUs), regardless of lot size. 21.105.115 Usable satellite signal. A usable satellite signal is a satellite signal which when acquired by the use of a properly installed, maintained, and operated satellite television antenna of a high quality readily available on the public market and when viewed on a conventional television set is at least equal in picture quality to that received from local commercial television stations or by way of cable television. [Ord. 2526 § 2, 1985]. 21.105.020 Use. Use means the purpose land or building or structures now serve or for which they are occupied, maintained, arranged, designed, or intended. (See also, Accessory Use, Conditional Use, Commercial Use, Permitted Use, Primary Use, Private Use, and Secondary Use.) 21.105.030 Used car lot (or sales). Used car lot (and used car sales) means any place outside a building where two or more used automobiles are offered or displayed for sale. Chapter 21.110 “V” TERMS Sections: 10.2.b Packet Pg. 559 At t a c h m e n t : A t t a c h m e n t 2 - D r a f t M i d d l e H o u s i n g C o d e _ R e d l i n e ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) Title 16 ZONE DISTRICTS Chapters: 16.00 Zone Districts – Preface and Purpose 16.10 Residential Zones – Purposes 16.20 LDR – Low Density Residential 16.30 RM – Multiple Residential 16.40 Business and Commercial Zones – Purposes 16.43 BD – Downtown Business 16.45 BN – Neighborhood Business 16.50 BC – Community Business 16.53 BP – Planned Business 16.55 CW – Commercial Waterfront 16.60 CG – General Commercial Zone 16.62 MU – Medical Use Zone 16.65 OS – Open Space 16.70 MR – Marine Resource 16.75 MP – Master Plan Hillside Mixed-Use Zone 16.77 OR – Office-Residential 16.80 P – Public Use Chapter 16.00 ZONE DISTRICTS – PREFACE AND PURPOSE Sections: 16.00.000 Title. 16.00.010 Purposes. 16.00.020 Applicable to other titles. 16.00.030 Repealed. 10.2.c Packet Pg. 560 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 16.00.000 Title. ECDC Titles 16 and 17 may be referred to as the zoning ordinance. 16.00.010 Purposes. In addition to the purposes stated in the city’s comprehensive plan, the zoning ordinance shall have the following purposes: A. To assist in the implementation of the adopted comprehensive plan for the physical development of the city by regulating and providing for existing uses and planning for the future as specified in the comprehensive plan; and B. To protect the character and the social and economic stability of residential, commercial, industrial, public, and other uses within the city, and to ensure the orderly and beneficial development of those uses by: 1. Preserving and retaining appropriate areas for each type of use; 2. Preventing encroachment into these areas by incompatible uses; and 3. By regulating the use of individual parcels of land to prevent unreasonable detrimental effects of nearby uses. [Ord. 3240 § 1, 1999]. 16.00.020 Applicable to other titles. All uses in every zone district are subject to the general zoning regulations of ECDC Title 17 and to applicable regulations and policies contained in other titles of the community development code. 16.00.030 Adult motion picture theaters, etc., prohibited. Repealed by Ord. 3117. 10.2.c Packet Pg. 561 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d Chapter 16.10 RESIDENTIAL ZONES – PURPOSES Sections: 16.10.000 Purposes. 16.10.000 Purposes. The general purposes of the residential, or LDR (Low-Density Residential) and RM (Multi-Family Residential), zones are: A. To provide for areas of residential uses at a range of densities consistent with public health and safety and the adopted comprehensive plan; B. Any growth or development should strive to preserve for itself and its neighbors the following values: 1. Light (including direct sunlight), 2. Privacy, 3. Views, open spaces, shorelines and other natural features, 4. Freedom from air, water, noise and visual pollution; C. To provide for community facilities which complement residential areas and benefit from a residential environment; D. To minimize traffic congestion and avoid the overloading of utilities by relating the size and density of new buildings to the land around them, the capacity of nearby streets, and the availability of utilities; 10.2.c Packet Pg. 562 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d E. To protect residential uses from hazards and nuisances, such as fire, explosion, noxious fumes and noise, odor, dust, dirt, smoke, vibration, heat, glare, and heavy truck traffic, which may result from other, more intense, land uses. Chapter 16.20 LDR – LOW DENSITY RESIDENTIAL Sections: 16.20.000 Purpose. 16.20.005 General provisions. 16.20.010 Applicability 16.20.015 Overlays. 16.20.020 Unit density and affordable housing. 16.20.025 Uses. 16.20.030 Dimensional standards. 16.20.035 Site development standards. 16.20.040 Design standards. 16.20.045 Parking standards. 16.20.050 Building standards. 16.20.055 Frontage types. 16.20.060 Site development standards – accessory dwellings. 16.20.065 Site development standards – accessory buildings and structures. 16.20.070 Infrastructure standards. 16.20.080 Severability. 16.20.090 Authority to make necessary corrections. 16.20.000 Purpose. The LDR 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. Provide land use, development, design, and other standards for middle housing developed on all lots zoned predominantly for residential use. 10.2.c Packet Pg. 563 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 16.20.005 General provisions. A. Nothing in this ordinance prohibits the city from permitting detached single-family residences. B. Nothing in this ordinance prohibits the city from requiring any development, including middle housing development, to provide affordable housing, either on-site or through an in- lieu payment, nor limit the city's ability to expand or modify the requirements of an existing affordable housing program enacted under RCW 36.70A.540. C. Nothing in this ordinance requires the issuance of a building permit if other federal, state, and local requirements for a building permit are not met. D. Nothing in this ordinance affects or modifies the responsibilities of the city to plan for or provide “urban governmental services” as defined in RCW 36.70A.030. E. The city shall not approve a building permit for middle housing without compliance with the adequate water supply requirements of RCW 19.27.097. F. The city shall not require through development regulations any standards for middle housing that are more restrictive than those required for detached single-family residences but may apply any objective development regulations that are required for detached single- family residences, including, but not limited to, set-back, lot coverage, stormwater, clearing, and tree canopy and retention requirements. G. The same development permit and environmental review processes shall apply to middle housing that apply to detached single-family residences, unless otherwise required by state law including, but not limited to, shoreline regulations under chapter 90.58 RCW, building codes under chapter 19.27 RCW, energy codes under chapter 19.27A RCW, or electrical codes under chapter 19.28 RCW. H. Conflicts. In the event of a conflict between this ordinance and other development regulations applicable to middle housing, the standards of this ordinance control except that, this subsection shall not apply to shoreline regulations under Chapter 90.58.RCW. 10.2.c Packet Pg. 564 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 16.20.010 Applicability. A. The provisions of this ordinance shall apply to all lots zoned predominantly for residential use, unless otherwise noted. B. The provisions of this ordinance do not apply to: 1. Portions of a lot, parcel, or tract designated with critical areas designated under RCW 36.70A.170 or their buffers as required by RCW 36.70A.170, except for critical aquifer recharge areas where a single-family detached house is an allowed use provided that any requirements to maintain aquifer recharge are met. 2. A lot that was created through "unit lot subdivisions," "condominium subdivisions," or similar methods of creating individual ownership units within middle housing developments, provided the parent lot as a whole complies with applicable minimum lot size requirements, dimensional standards, and density limitations. 16.20.015 Overlays. A. Purpose. 1. This section provides three overlays for the LDR zone that organizes the zone to provide site development for areas which differ in topography, location, and existing development factors. These overlays are known as Low-Density Residential – Small Lot (LDR-S), Low- Density Residential – Medium Lot (LDR-M), and Low-Density Residential – Large Lot (LDR-L) Each overlay has a different set of site development characteristics. B. Applicability. 1. This section establishes overlay zones for the Low-Density Residential zone, as mapped on the City of Edmonds Zoning Map. 2. The overlay zones are generally described in the summary tables found in 16.20.015(C) and further defined in 16.20.020 ECDC through 16.20.065 ECDC. 10.2.c Packet Pg. 565 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d C. Low-density residential overlays summary table. LDR – Small Lot LDR – Medium Lot LDR – Large Lot Intent: Walkable neighborhood environment with access to transit and mixed uses. Short blocks with some alley access. Small -to- medium building footprints. Intent: Neighborhoods have diverse characteristics, many within walking distance of a neighborhood center or hub. Small-to-medium building footprints. Intent: Neighborhoods are mostly auto oriented and typically not serviced by transit. Small-to-large building footprints. Environmentally sensitive areas are prevalent. General Characteristics (see subsection 16.20.030(D) ECDC for site development standards) Typical lot 6,000-7,500 sf. Typical lot 8,000-11,500 sf. Typical lot 12,000-20,000 sf Up to 2.5 stories Up to 2.5 stories Up to 2.5 stories Small setbacks Medium setbacks Large setbacks Walkable neighborhood Some walkable neighborhoods Further from amenities Near mixed uses Near mixed uses Environmentally sensitive areas Allowed Building Types (see Section 16.20.020 ECDC for unit density requirements) Detached House Detached House Detached House Accessory Dwelling Unit Accessory Dwelling Unit Accessory Dwelling Unit Duplex, side-by-side Duplex, side-by-side Duplex, side-by-side Stacked Flat Stacked Flat Stacked Flat Triplex Triplex Triplex Fourplex Fourplex Fourplex Cottage Housing Cottage Housing Courtyard Apartments Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Engaged Porch Engaged Porch Projecting Porch Projecting Porch Projecting Dooryard Dooryard Dooryard Stoop Stoop Stoop Common Entry Commented [BS1]: Block model illustrations are being revised to reflect selected building types. Commented [BS2]: Frontage types were not included in the Planning Board’s formal recommendation due to time constraints and the complexity of fully evaluating their application across different contexts. However, the draft code retains example frontage types for City Council’s reference, should Council wish to adopt a simplified version to help preserve the intended regulatory framework. For additional context and discussion on this topic, please see the “Additional Considerations” section of the Planning Board’s recommendation. 10.2.c Packet Pg. 566 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 16.20.020 Unit density and affordable housing. A. The permitted unit density on all lots zoned predominantly for residential use is: 1. Two units per lot, unless zoning permitting higher densities or intensities applies. 2. Four units per lot on all lots within one-quarter mile walking distance of a major transit stop, unless zoning permitting higher densities or intensities applies. 3. Four units per lot if at least one unit on the lot is affordable housing meeting the requirements of subsections (D) through (H) below, unless zoning permitting higher densities or intensities applies. 4. For cottage housing development within the LDR-L overlay, six units per lot if at least three units on the lot are affordable housing meeting the requirements of subsections (D) through (H) below. B. The density standards of subsection (A) shall not authorize subdivision of any lot below the minimum lot area established for the underlying zone. However, this restriction does not prohibit "unit lot subdivisions," "condominium subdivisions," or similar methods of creating individual ownership units within middle housing developments, provided the parent lot complies with applicable minimum lot size requirements, dimensional standards, and density limitations. C. Accessory dwelling units count as units for the purposes of this section. D. Dwelling units that qualify as affordable housing shall have costs, including utilities other than telephone, that do not exceed 30 percent of the monthly income of a household whose income does not exceed the following percentages of median household income adjusted for household size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development: 1. Rental housing: 60 percent. 2. Owner-occupied housing: 80 percent. E. The units shall be maintained as affordable for a term of at least 50 years, and the property shall satisfy that commitment and all required affordability and income eligibility conditions. 10.2.c Packet Pg. 567 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d F. The applicant shall record a covenant or deed restriction that ensures the continuing rental or ownership of units subject to these affordability requirements consistent with the conditions in chapter 84.14 RCW for a period of no less than 50 years. G. The covenant or deed restriction shall address criteria and policies to maintain public benefit if the property is converted to a use other than that which continues to provide for permanently affordable housing. H. The units dedicated as affordable housing shall: 1. Be provided in a range of sizes comparable to other units in the development. 2. The number of bedrooms in affordable units shall be in the same proportion as the number of bedrooms in units within the entire development. 3. Generally, be distributed throughout the development and have substantially the same functionality as the other units in the development. 16.20.025 Uses. A. The following uses are permitted on all lots zoned predominantly for residential use, unless zoning permitting higher densities or intensities than those listed in ECDC 16.20.020(A) applies: 1. Primary Uses: a. Single-family dwellings; b. Middle housing types; c. Churches, subject to the requirements of ECDC 17.100.020; d. Primary schools subject to the requirements of ECDC 17.100.050(G) through (R); e. Local public facilities that are planned, designated, and sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 10.2.c Packet Pg. 568 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d f. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070. 2. Permitted Secondary Uses. a. Foster homes; b. Accessory dwelling units, subject to the requirements of ECDC 16.20.060; c. Home occupation, subject to the requirements of Chapter 20.20 ECDC; d. The renting of rooms without separate kitchens to one or more persons; e. The following accessory buildings: i. Fallout shelters, ii. Private greenhouses covering no more than five percent of the site, iii. Private stables, iv. Private parking for no more than five cars, v. Private swimming pools and other private recreational facilities; f. Private residential docks or piers; g. Family day care in a residential home; h. 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)(4) of this section, including commuter parking lots that are located upon more than one lot as specified in ECDC 21.15.075; i. Bed and breakfasts, as in ECDC 20.23.020(A)(1). 3. Primary Uses Requiring a Conditional Use Permit. 10.2.c Packet Pg. 569 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d a. High schools, subject to the requirements of ECDC 17.100.050(G) through (R); b. Local public facilities that are not planned, designated, and sited in the capital improvement plan, subject to ECDC 17.100.050; c. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. 4. Secondary Uses Requiring a Conditional Use Permit. a. Preschools; b. Amateur radio transmitting antennas; c. 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 5. Bed and breakfasts, as in ECDC 20.23.020(A)(2). [Ord. 4360 § 3 (Exh. A), 2024; Ord. 4333 § 6 (Exh. A), 2023; Ord. 3988 § 7, 2015; Ord. 3900 § 4, 2012; Ord. 3702 § 1, 2008; Ord. 3547 § 1, 2005]. 16.20.030 Site development standards. A. Applicability. 1. Development regulations applicable to middle housing shall not be more restrictive than those required for detached single-family residences. This includes, but is not limited to, the following types of dimensional standards: building height, setbacks, lot coverage, floor area ratio, lot area and lot dimension, impervious surface, open space, and landscaped area standards. B. Density. Lot area requirements and unit density shall comply with ECDC 16.20.020(A). C. Units per structure. Minimum and maximum numbers of dwelling units per structure for middle housing are provided by the definitions of middle housing types in Title 21 ECDC. 10.2.c Packet Pg. 570 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d D. Site development standards table. LDR – S LDR – M LDR – L Parent Lot Area Minimum 6,000 sf. 8,000 sf. 12,000 sf. Lot Width 60’ 70’ 80’ Lot Coverage Maximum For developments containing one or two units: Maximum lot coverage is 35% of the total lot area. For developments containing three or more units: Maximum lot coverage is 45% of the total lot area. Street Setback1, 2 20’ 25’ 25’ Side Setback 5’ 7.5’ 10’ Rear Setback 15’ 15’ 25’ Rear Setback (alley) 5’ 5’ 5’ Height Maximum 25’ 25’ 25’ 1. Garages or carports with vehicle access directly from a street shall be set back at least five feet further from the street lot line than the primary façade of the dwelling. 2. Street setback is reduced to 15’ for lots with frontage on the ordinary high water line and a public street or access easement. E. Site development exceptions. 1. Eaves and Chimneys. Eaves and chimneys may project into a required setback not more than 30 inches. 2. Porches and Decks. Uncovered 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. 10.2.c Packet Pg. 571 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 3. Weather Protection. Canopies and awnings may project up five feet into the required setback. 4. 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. 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. 4360 § 3 (Exh. A), 2024; Ord. 3845 § 5, 2011; Ord. 3547 § 1, 2005]. 10.2.c Packet Pg. 572 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 16.20.040 Design standards. A. Applicability. 1. These standards apply to all middle housing types developed with up to six units on a lot. 2. Cottage housing and courtyard apartment standards apply only to those respective building types. 3. For the purposes of this section, “street” includes both public or private street, excluding alleys. 4. These design standards do not apply to the conversion of an existing structure to a middle housing type with up to four attached units, unless the total floor area is increased by more than 50 percent. 5. In the event of a conflict between the design standards in this section and other provisions of this code, the standards of ECDC 16.20.040 shall govern for middle housing development. B. Purpose. The purpose of these standards is to: 1. Promote compatibility of middle housing with other residential uses, including single- family houses. 2. De-emphasize garages and driveways as major visual elements along the street. 3. Provide clear and accessible pedestrian routes between buildings and streets. 4. Implement the definitions of cottage housing and courtyard apartments provided by state law. C. Design review. Compliance with middle housing design standards shall be verified during the building permit review process and is not subject to a formal design review process. 1. Cottage housing. a. Open space. Open space shall be provided equal to a minimum 20 percent of the lot size. This may include common open space, private open space, setbacks, critical areas, and other open space. b. Common open space for cottage housing. i. At least one outdoor common open space is required. 10.2.c Packet Pg. 573 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d ii. A minimum of 300 square feet of common open space must be provided per cottage unit. iii. Minimum dimension of 15 feet on any side. iv. Must be bordered by cottages on at least two sides. v. At least 50% of cottages must abut the common open space and have the primary entrance facing the common open space. vi. Parking areas and vehicular areas shall not qualify as common open space vii. Critical areas and their buffers, including steep slopes, shall not quality as common open space. viii. Common open space shall include: a. At least one canopy or ornamental tree, and b. A designated seating area (e.g., benches, seat walls). c. Entries. All cottages shall feature a roofed porch at least 60 square feet in size with a minimum dimension of five feet on any side with frontage on the common open space. d. Community building. i. A cottage housing development shall contain no more than one community building. ii. A community building shall have no more than 1,500 square feet of net floor area, excluding attached garages. 2. Courtyard apartments. a. Yard or court. i. At least one yard or court is required. ii. Shall be bordered by attached dwelling units on two or three sides. iii. Shall be a minimum dimension of 15 feet on any side. iv. Parking areas and vehicular areas do not qualify as a yard or court. v. Common open space shall include: a. At least one canopy or ornamental tree, and b. A designated seating area (e.g., benches, seat walls). 10.2.c Packet Pg. 574 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d vi. Private open space such as patios or gardens may be located adjacent to the shared common open space, provided the separation is limited to low-scale features such as hedges, planter beds, or fences no taller than 3 feet, to maintain a visual connection to the shared open space. b. Entries. Courtyard apartments shall feature a covered pedestrian entry, such as a covered porch or recessed entry, with minimum weather protection of three feet by three feet, facing the street or yard or court. c. Pedestrian access. An accessible, paved walkway at least three feet wide shall be provided from the primary entrance of each building to the adjacent sidewalk, or the public right-of-way if no sidewalk exists. The walkway shall meet applicable ADA standards. A shared driveway may be used to meet this requirement if it provides a safe, accessible, and clearly defined pedestrian route. 3. General a. Vehicle access, carports, garages, and driveways. i. For lots abutting an improved alley that meets the city’s standard for width, vehicular access shall be taken from the alley. Lots without access to an improved alley and taking vehicular access from a street shall meet the other standards of subsection (ii)(a) through (c) below. ii. Garages, carports, driveways, and off-street parking areas shall not be located between a building and a street, except when any of the following conditions are met: a. The combined width of all garages, driveways, and off-street parking areas does not exceed a total of 60 percent of the length of the street frontage property line. This standard applies to buildings and not individual units; or b. The garage, driveway, or off-street parking area is separated from the street property line by a dwelling; or c. The garage, driveway, or off-street parking is located more than 100 feet from a street. 10.2.c Packet Pg. 575 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d iii. All garages and carports shall not protrude beyond the front building façade. iv. The total width of all driveway approaches shall not exceed 32 feet per frontage, as measured at the property line. Individual driveway approaches shall not exceed 20 feet in width. 10.2.c Packet Pg. 576 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 16.20.045 Parking standards. A. These standards apply to all housing permitted in this chapter, except as noted in subsection (C) of this section. B. Off-street parking for all primary residential uses shall be subject to the following: 1. No off-street parking shall be required within one-half mile walking distance of a major transit stop. 2. A maximum of one off-street parking space per unit shall be required on lots of 6,000 square feet or less, before "unit lot subdivisions," "condominium subdivisions," or similar methods of creating individual ownership units within middle housing developments. 3. A maximum of two off-street parking spaces per unit shall be required on lots greater than 6,000 square feet before any zero lot line subdivisions or lot splits. C. The provisions of subsection (A) do not apply to: 1. Portions of the city for which the Department of Commerce has certified a parking study in accordance with RCW 36.70A.635(7)(a), in which case off- street parking requirement shall be as provided in the certification from the Department of Commerce. 16.20.050 Building standards. A. Purpose. This section provides standards for the development of individual building types to achieve the intended physical character of each zone, offering housing choices and affordable housing opportunities. B. General standards. 1. Building types are used to articulate size, scale, and intensity according to the intent of each overlay zone. 10.2.c Packet Pg. 577 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 2. Each design site shall have only one primary building type, except as follows, and in compliance with all standards: a. Cottage Housing may consist of up to six individual residential buildings, provided the project meets the criteria for bonus incentive per 16.20.020 ECDC. b. More than one duplex is allowed on a parent lot provided that each unit includes a building entrance to a common open space that is not shared with vehicles. The minimum common open space shall consist of at least 300 square feet per unit with a minimum dimension of 15 feet on any side. 3. Parking may be designed as uncovered, covered, tuck-under, detached garage(s), podium or subterranean, in compliance with the design standards for parking placement. 10.2.c Packet Pg. 578 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d C. The maximum number of units identified for each building type is dependent on the design site being large enough to accommodate the site development and design standards (e.g., parking and open space). New buildings and their improvements are subject to the City’s local standards for Fire Safety and Building Safety. D. Primary Building types. 1. Intent. This section establishes building form standards for each zoning district to support a diverse, well-scaled urban character. These regulations supplement district-specific development standards and guide the design of individual building types to reinforce the intended physical character, expand housing options, and encourage affordability. Where conflicts occur, the more restrictive standard will govern. 2. Applicability. All primary structures in Low-Density Residential (LDR) districts must meet the provisions of this section. Building types are not required for buildings permitted under Chapter 17.100 ECDC Community Facilities. i. Applicants shall select an approved building type aligned with the proposed project and comply with its specific standards. ii. Applicants shall also designate a corresponding frontage type per Section 16.20.055 ECDC. iii. Any permitted use within the zone may occupy any building type. Building type names do not restrict or expand allowed uses as defined in Section 16.20.025 ECDC. iv. Civic and Institutional uses are exempt from these requirements. 3. Number of buildings. Each parent lot must comply with the maximum number of primary buildings permitted under this section’s building type standards and the unit density requirements in Section 16.20.020 ECDC. 10.2.c Packet Pg. 579 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 4. Single family dwelling, detached A detached single-family dwelling is a detached building designed for occupancy by one household and limited to one per parent lot. It includes a single mailbox and is served by one electric, gas, and water meter. All living, kitchen, and dining areas within the home are shared and accessed in common by the household. See definition for 'single-family dwelling' in 21.90.080 ECDC. Building Type Standards: Single Family Dwelling, detached Building Dimensions Building Height 25’ max. Unit Density Units per building 1 max. Units per parent lot 1 max. Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Projecting Stoop 10.2.c Packet Pg. 580 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 5. Duplex, side-by-side A duplex (side-by-side) is a residential building containing two attached primary dwelling units, arranged side-by-side configuration. See definition in 21.20.045 ECDC. Building Type Standards: Duplex, side-by-side Building Dimensions Building Height 25’ max. Unit Density Units per building 2 max. Units per parent lot 4 max. * *Must meet unit density requirements in Section 16.20.020 Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Projecting Stoop 10.2.c Packet Pg. 581 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 6. Stacked Flat A stacked flat is a residential building containing up to three attached primary dwelling units, arranged stacked configuration. See definition in 21.20.045 ECDC. Building Type Standards: Stacked Flat Building Dimensions Building Height 25’ max. Unit Density Units per building 4 max.* Units per parent lot 4 max.* *Must meet unit density requirements in Section 16.20.020 Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Projecting Stoop 10.2.c Packet Pg. 582 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 7. Triplex A triplex is a residential building with three attached dwelling units. See definition in 21.100.100 ECDC. Building Type Standards: Triplex Building Dimensions Building Height 25’ max. Unit Density Units per building 3 max.* Units per parent lot 3 max.* *Must meet unit density requirements in Section 16.20.020 Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Projecting Stoop 10.2.c Packet Pg. 583 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 8. Fourplex A fourplex is a residential building containing four attached units. See definition in 21.30.060 ECDC. Building Type Standards: Fourplex Building Dimensions Building Height 25’ max. Unit Density Units per building 4 max.* Units per parent lot 4 max.* *Must meet unit density requirements in Section 16.20.020 Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Projecting Stoop 10.2.c Packet Pg. 584 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 9. Cottage Housing Cottage Housing is a cluster of small, detached homes organized around a shared open space, typically oriented perpendicular to the street. The common courtyard may be partially or fully open to the street and is designed to fit comfortably on medium and large lots within low-density neighborhoods. See definition in 21.15.105 ECDC. Building Type Standards: Cottage Housing Open Space Requirements Minimum 20% of lot area. See Design Standards for Cottage Court in Section 16.20.040(C)(1). Building Dimensions Building Height 20’/25’* Building Width 36’ max. Finished Floor Area, cottage unit 1,000 sf. max. Finished Floor Area, community building 1,500 sf. max. *A single cottage unit may be 25’ provided it is more than 50’ from the public right-of-way. Unit Density Units per building 1 max. Units per parent lot 4/6 max.* *Must meet unit density requirements in Section 16.20.020 Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Projecting Stoop 10.2.c Packet Pg. 585 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 10. Courtyard Apartment A detached, house-scale building that consists of up to four attached units with off access of a shared courtyard. The number of units can vary depending on unit size. See definition in 21.100.100 ECDC. Building Type Standards: Courtyard Apartment Building Dimensions Building Height 25’ max. Unit Density Units per building 4 max.* Units per parent lot 4 max.* *Must meet unit density requirements in Section 16.20.020 Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Projecting Stoop Forecourt Commented [BS3]: Waiting on an updated illustration for Courtyard Apartments. Side Court illustration is shown as a placeholder. 10.2.c Packet Pg. 586 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 16.20.055 Frontage types. Purpose. This Section provides the standards for private frontages ("frontages"). Private frontages are the components of a building that provide the transition and interface between the public realm (street and sidewalk) and the private realm (setback or building) A. General Standards. 1. The names of the private frontage types indicate their configuration or function and are not intended to limit uses within the associated building. 2. Each building is required to include a private frontage type at each building entry along the front and/or side street or adjacent shared yard space. 3. Accessibility is provided through the allowed private frontage types for each zone. 4. Private frontage types not listed in the Low-Density Residential Overlay Summary Table in 16.20.015(C) are not allowed. 5. Each building may have different private frontage types in compliance with the allowed types in Section 16.20.050 ECDC. 6. In addition to the zone's standards, each private frontage is further refined through these standards to further calibrate the type for its context. Commented [BS4]: Frontage types were not included in the Planning Board’s formal recommendation due to time constraints and the complexity of fully evaluating their application across different contexts. However, the draft code retains example frontage types for City Council’s reference, should Council wish to adopt a simplified version to help preserve the intended regulatory framework. For additional context and discussion on this topic, please see the “Additional Considerations” section of the Planning Board’s recommendation. 10.2.c Packet Pg. 587 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d B. Porch Projecting Frontage Type Standards: Porch Projecting Description The main façade of the building is set back from the front or side street design site line with a covered structure encroaching into the front setback. The resulting setback area may be defined by a fence or hedge to spatially maintain the edge of the street. The Porch may be one or two stories, is open on three sides, with all habitable space located behind the building setback line. Size: Width, Clear 15’ min.* A Depth, Clear 8’ min. B Height, Clear 8’ min. C Stories Two stories max. Finish Level above sidewalk 12” min.** D Pedestrian Access 3’ wide min. E Distance between façade and design site line 15’ min. F * Reduce to 8' min. and maximum 1 story when applied to cottage housing building type ** Shared entries may be set at grade per local and federal accessibility standards. Miscellaneous: Porch shall be open on three sides. Clear glass may be installed between the porch columns. The porch is not required to be covered. The Porch is allowed to encroach into the front and side street setbacks in compliance with Subsection X of the zone. Ramps are required to be integrated along the side of the building to connect with the Projecting Porch. 10.2.c Packet Pg. 588 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d C. Porch Engaged Frontage Type Standards: Porch Engaged Description A portion of the main façade of the building is set back from the front or side street design site line to create an area for a covered structure that projects from the façade that is set back. The Porch may project into the front setback. The resulting setback may be defined by a fence or hedge to spatially maintain the edge of the street. The Porch may be one or two stories and has two adjacent sides that are engaged to the building, while the other two sides are open. Size: Width, Clear 8’ min. A Depth, Clear 8’ min. B Height, Clear 8’ min. C Stories Two stories max. Finish Level above sidewalk 12” min.* D 3’ wide min. E Encroachment area of a building façade: Depth 6’ max. F Width 1/3 min. of overall building facade G Miscellaneous: Up to 20% of the building façade and porch(es) may project into the front setback line for the zone. Porch shall be open on two sides. Clear glass may be installed between the porch columns. The Porch is allowed to encroach into the front and side street setbacks in compliance with Subsection X of the zone. Ramps are required to be integrated along the side of the building to connect with the Engaged Porch. 10.2.c Packet Pg. 589 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d D. Dooryard Frontage Type Standards: Dooryard Description The main façade of the building is set back from the front or side street design site line, which is defined by a low wall or hedge, creating a small private area between the sidewalk and the façade. Each Dooryard is separated from adjacent Dooryards. The Dooryard may be raised or at grade. Size: Depth, Clear 6’ min. A Length 15’ min. B Distance between glazing 4’ max. C Depth of recessed entries 3’ max. D Pedestrian access 3’ wide min. E Finish level above Sidewalk 12” max.* F Height of Dooryard Fence/Wall above Finish Level 36” max. G Encroachment area of a building façade: Depth 6’ max. F Width 1/3 min. of overall building facade G * Shared entries may be set at grade per local and federal accessibility standards. Miscellaneous: Each Dooryard shall provide access to only one ground floor entry. The Dooryard is allowed to encroach into the front and side street setbacks in compliance with Subsection X of the zone. Ramps are required to be integrated along the side of the building to connect with the Dooryard. 10.2.c Packet Pg. 590 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d E. Common Entry Frontage Type Standards: Common Entry Description The main façade of the building is near or set back from the front or side street design site line, with a covered entry within the main façade, providing a transition between the sidewalk and the interior. The entryway leads to a lobby or foyer that provides interior access to units. Size: Depth, Clear 6’ min. A Height to Canopy/Ceiling, Clear 2.5 x Clear Width Max. B Finish level above Sidewalk or connected pedestrian walkway 0” to 30” Max. C Miscellaneous: Entry doors shall be covered and/or recessed to provide shelter from the elements. Gates are not allowed. Entry doors shall face the street. Canopy, where provided, shall be at least as wide as the opening. 10.2.c Packet Pg. 591 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d F. Stoop Frontage Type Standards: Stoop Description The main façade of the building is near the front or side street design site line with steps to an elevated entry. The Stoop is elevated above the sidewalk to provide privacy along the sidewalk-facing rooms. Stairs or ramps from the Stoop may lead directly to the sidewalk or may be parallel to the sidewalk. Size: Width, Clear 4’ min. A Depth, Clear 3’ min. B Height, Clear 8’ min. C Stories One story max. Finish Level above sidewalk 12” min. D Distance between façade and Design Site Line 6’ min. E Miscellaneous: Stairs may be perpendicular or parallel to the building façade. Entry doors shall be covered or recessed to provide shelter from the elements. All doors shall face the street. The Stoop is allowed to encroach into the front and side street setbacks in compliance with Subsection X of the zone. Ramps are required to be integrated along the side of the building to connect with the Stoop. 10.2.c Packet Pg. 592 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 16.20.060 Site development standards – Accessory dwelling units. A. General. Accessory dwelling units must meet all of the standards of this chapter except as provided in this section. B. Number of Units. A detached single-family dwelling unit may have two accessory dwelling units in one of the following configurations: one attached and one detached accessory dwelling units, two attached accessory dwelling units, or two detached accessory dwelling units. This provision does not apply to other housing types, including but not limited to townhouses, duplexes, triplexes, fourplexes, or cottage housing. C. Table of ADU Development Standards. Overlay Maximum ADU Gross Floor Area (Sq. Ft.)_ Minimum DADU Rear Setback1,2 Maximum DADU Height Minimum Parking Spaces LDR - L 1,200 25' 24’ 0/14 LDR - M 1,200 20'3 24’ 0/14 LDR - S 1,000 10'3 24’ 0/14 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; provided, that separation from overhead electrical facilities and vehicular sight distance requirements can be met. 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 feet in height or less. 4 The first accessory dwelling unit on a lot does not require an additional parking space. A second accessory dwelling unit on a lot requires one additional off-street parking space. 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 10.2.c Packet Pg. 593 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d permitted buildings, including detached garages. Legal nonconforming buildings converted for use as an accessory dwelling unit must meet the requirements of ECDC 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. 1. 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. 2. Water. Only one domestic 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. 3. 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. 4. Septic System. Refer to Chapter 18.20 ECDC. 5. Storm. Refer to Chapter 18.30 ECDC. 6. Other Utilities. All new or extended utilities must be undergrounded in accordance with ECDC 18.05.010. 7. Mailboxes. Additional mailboxes may be added for each permitted unit as approved by the U.S. Postal Service. 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 shall 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 section. If expansion or modification to an approved unit is proposed, the ADU must come into full compliance with the requirements of this section. [Ord. 4360 § 3 (Exh. A), 2024]. 10.2.c Packet Pg. 594 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 16.20.065 Site development standards – Accessory buildings and structures. 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 may be 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. 3. Aesthetic. Satellite television antennas shall be finished in a nonreflective color and surface which shall blend into their surroundings. In the case of a parabolic, spherical or 10.2.c Packet Pg. 595 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 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: 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 10.2.c Packet Pg. 596 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 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 may be 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. F. Technological Impracticality – Request for Waiver. 10.2.c Packet Pg. 597 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 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 interactive process described in subsection e of this section, the hearing examiner shall 10.2.c Packet Pg. 598 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 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. c. 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. d. 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. e. 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 10.2.c Packet Pg. 599 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 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. f. 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. 4360 § 3 (Exh. A), 2024; Ord. 3736 §§ 8, 9, 2009; Ord. 3728 § 3, 2009; Ord. 3547 § 1, 2005. Formerly 16.20.050]. 16.20.060 Infrastructure standards. A. Transportation. Regulations for driveways, frontage improvements, alley improvements, and other transportation, public works, and engineering standards shall not be more restrictive for middle housing than for detached single-family residences, except as addressed by this ordinance. B. Lot Access/Road Standards. 1. Private driveway access shall be permitted for middle housing development with any number of units when a fire apparatus access road is within 150 feet of all structures on the lot and all portions of the exterior walls of the first story of the buildings, as measured by an approved route around the exterior of the buildings. 2. When a fire apparatus road is not within 150 feet of all structures on the lot, subsection (B)(1) does not apply and one of the following conditions must be met: a. The building is equipped throughout with an approved automatic sprinkler system meeting International Fire Code requirements. b. No more than two units are accessed via the same private driveway. 10.2.c Packet Pg. 600 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d c. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 2. Private driveways shall not be required to be wider than 12 feet and shall not be required to have unobstructed vertical clearance more than 13 feet six inches except when it is determined to be in violation of the International Fire Code or other fire, life, and safety standards, such as sight distance requirements. 3. Private driveway access, separate from access to an existing home, shall be permitted unless it is determined to be in violation of the International Fire Code or other fire, life, safety standards, such as site distance requirements. 4. This subsection is not intended to limit the applicability of the adopted International Fire Code, except as otherwise presented in this subsection. 16.20.080 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. 16.20.090 Authority to make necessary corrections. The City Clerk and the codifiers of this Ordinance are authorized to make necessary corrections to this Ordinance including, but not limited to, the correction of scrivener’s clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereto. 10.2.c Packet Pg. 601 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d Title 21 DEFINITIONS Chapters: 21.00 Definitions – General 21.05 “A” Terms 21.10 “B” Terms 21.15 “C” Terms 21.20 “D” Terms 21.25 “E” Terms 21.30 “F” Terms 21.35 “G” Terms 21.40 “H” Terms 21.45 “I” Terms 21.47 “J” Terms 21.50 “K” Terms 21.55 “L” Terms 21.60 “M” Terms 21.65 “N” Terms 21.75 “O” Terms 21.80 “P” Terms 21.85 “R” Terms 21.90 “S” Terms 21.100 “T” Terms 21.105 “U” Terms 21.110 “V” Terms 21.115 “W” Terms 21.125 “Z” Terms 10.2.c Packet Pg. 602 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d Chapter 21.00 DEFINITIONS – GENERAL Sections: 21.00.000 General. 21.00.000 General. A. Normal Meanings. For the purpose of the community development code, all words used in the code shall have their normal and customary meanings, unless specifically defined otherwise in this code. B. Rules. 1. Words used in the present tense include the future. 2. The plural includes the singular, and vice versa. 3. The words “shall” and “may not” and “no – may” are mandatory. 4. The word “may” indicates that discretion is allowed. 5. The word “used” includes “designed, intended or arranged” to be used. 6. The masculine gender includes the feminine and vice versa. 7. Distances shall be measured horizontally unless otherwise specified. 8. The word “building” includes a portion of a building or lot. C. Adopted Codes. Where a code or codes have been adopted by reference or incorporation which may contain a definition or definitions conflicting with those set forth in this chapter, for the purpose of that particular referenced or incorporated code, and only that code, the definition therein shall prevail. D. Cross References. Sections which make only cross-reference to another term are not intended to be synonymous with the other term, but are only intended to serve as a finding aid to the other term unless specifically stated to mean the same. 10.2.c Packet Pg. 603 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d Chapter 21.05 “A” TERMS Sections: 21.05.005 Repealed. 21.05.010 Accessory buildings. 21.05.015 Accessory dwelling unit. 21.05.020 Accessory use. 21.05.021 Administrative design review. 21.05.022 Repealed. 21.05.023 Adult definitions. 21.05.025 Alley. 21.05.030 Animal hospital. 21.05.035 Repealed. 21.05.040 Alteration(s). 21.05.050 Repealed. 21.05.055 Repealed. 21.05.060 Auto wrecking. 21.05.005 Accessory antenna device. Repealed by Ord. 3961. 21.05.010 Accessory buildings. Accessory building means one which is subordinate to the main building, and is incidental to the use of the main building on the same lot. Any building attached by a breezeway, hallway, or other similar connection and otherwise separated by more than 10 feet from the main building shall be considered to be an accessory building. [Ord. 3728 § 1, 2009]. 21.05.015 Accessory dwelling unit. An accessory dwelling unit (ADU) is a subordinate dwelling unit added to, created within, or detached from a principal dwelling unit, providing independent living facilities that include 10.2.c Packet Pg. 604 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d permanent provisions for living, sleeping, eating, cooking and sanitation. Accessory dwelling unit does not include recreational vehicles or mobile homes. [Ord. 4360 § 9 (Exh. A), 2024; Ord. 3294 § 2, 2000]. 21.05.020 Accessory use. Accessory use means a use incidental and subordinate to the use of the main building on the same lot. 21.05.021 Administrative design review. A development permit process whereby an application is reviewed, approved, or denied by the planning and development director or their designee based solely on objective design and development standards without a public hearing, unless such review is otherwise required by state or federal law, or the structure is a designated landmark or historic district established under a local preservation ordinance. A city may utilize public meetings, hearings, or voluntary review boards to consider, recommend, or approve requests for variances from locally established design review standards. 21.05.022 Adult entertainment center. Repealed by Ord. 3117. 21.05.023 Adult definitions. A. Adult Arcade. An adult arcade is a commercial establishment containing individual viewing areas or booths, where, for any form of consideration, including a membership fee, one or more still or motion picture projectors, slide projectors, or other similar image producing machines are used to show films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. 10.2.c Packet Pg. 605 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d B. Adult Cabaret. An adult cabaret is a nightclub, bar, restaurant, tavern or other similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment. C. Adult Entertainment. Adult entertainment means: 1. Any exhibition, performance or dance conducted in a sexually oriented business where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on depicting, describing, or simulating any specified sexual activities or any specified sexual anatomical areas; or 2. Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in a sexually oriented business where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons in the sexually oriented business at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing. D. Adult Motel. An adult motel is a hotel, motel, or similar commercial establishment which: 1. Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas, and that has a sign visible from a public right- of-way that advertises the availability of this type of sexually oriented materials; or 2. Offers a sleeping room for rent for a rental fee period of time that is less than 10 hours; or 3. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours. E. Adult Motion Picture Theater. An adult motion picture theater is a commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, or other similar visual representations are regularly shown that are distinguished or 10.2.c Packet Pg. 606 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. F. Adult Retail Store. An adult retail store is a commercial establishment such as a bookstore, video store, or novelty shop which as one of its principal business purposes offers for sale or rent, for any form of consideration, any one or more of the following: 1. Books, magazines, periodicals or other printed materials, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified sexual anatomical areas; or 2. Instruments, devices, or paraphernalia that are designed for use in connection with any specified sexual activities. [Ord. 3117 § 7, 1996]. 21.05.025 Alley. An alley is a publicly dedicated right-of-way which provides a secondary means of access; the definition of street shall include an alley; provided, however, that an alley shall not be considered a street for the purposes of calculating the setback and front yard requirements. No lot fronting on a street and an alley shall be considered either a corner lot or a lot having two street frontages. [Ord. 2502, 1985]. 21.05.030 Animal hospital. An animal hospital means a building for the medical or surgical treatment of animals or pets, including dog, cat, and veterinary hospitals including the boarding of hospitalized animals but not excluding the boarding of animals not treated medically or surgically. (See also, Domestic Animal.) 10.2.c Packet Pg. 607 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.05.035 Antenna. Repealed by Ord. 3845. 21.05.040 Alteration(s). Alteration(s) mean a change or rearrangement of the structural parts of existing facilities or an enlargement by extending the sides or increasing the height or depth or the moving from one location to another. In buildings for business, commercial, industrial or similar uses, the installation or rearrangement of partitions affecting more than one-third of a single floor area shall be considered an alteration. 21.05.050 Attached sign. Repealed by Ord. 3313. 21.05.055 Attached wireless communication facility. Repealed by Ord. 3845. 21.05.060 Auto wrecking. (Means the same as Car wrecking.) Chapter 21.10 “B” TERMS Sections: 21.10.005 Bar. 21.10.008 Bed and breakfast. 21.10.010 Bike (or bicycle) lane. 21.10.020 Bike-pedestrian path. 21.10.030 Boarding house. 21.10.040 Building. 10.2.c Packet Pg. 608 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.10.050 Building area. 21.10.060 Building envelope. 21.10.070 Building line. 21.10.005 Bar. Bar means a building where alcoholic beverages are served to the public, and which holds a class H license from the Washington State Liquor Control Board. [Ord. 3117 § 6, 1996]. 21.10.008 Bed and breakfast. A “bed and breakfast” is a type of transient accommodation located in a detached single-family residence. A bed and breakfast is not a hotel, motel or boarding house. Guests staying at a bed and breakfast are not subject to the requirements of the definition of “family” in ECDC 21.30.010. [Ord. 3900 § 5, 2012]. 21.10.010 Bike (or bicycle) lane. This is a route designated by striping or curbs on an improved street right-of-way. 21.10.020 Bike-pedestrian path. Improved path adjacent to a roadway or on a separate right-of-way which can be utilized by bicycles or pedestrians. When adjacent to roadways, it will have a rolled curb. 21.10.030 Boarding house. Boarding house means a dwelling unit in which not more than four roomers, lodgers, or boarders are housed or fed. 10.2.c Packet Pg. 609 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.10.040 Building. Building means any structure having a roof, excluding all forms of vehicles even though immobilized. (See also, Accessory Building and Completely Enclosed Building.) 21.10.050 Building area. Building area means the portion of a lot within which a structure may be built, bounded by the required setbacks. 21.10.060 Building envelope. Building envelope means the three-dimensional space in which a building or structure may be built as delineated by setbacks and building height restrictions. 21.10.070 Building line. Building line means the line of that face or corner or part of a building nearest the property line, excluding a maximum of 30 inches of the eaves. Chapter 21.15 “C” TERMS Sections: 21.15.010 Car (or auto or automobile) wrecking. 21.15.012 Carport. 21.15.015 Church. 21.15.020 City. 21.15.030 City council (or council). 21.15.032 Closed record appeal. 10.2.c Packet Pg. 610 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.15.035 Repealed. 21.15.040 Commercial parking lot. 21.15.050 Commercial garage. 21.15.060 Commercial kennel. 21.15.070 Commercial use. 21.15.071 Community facilities. 21.15.073 Community park. 21.15.075 Commuter parking lots. 21.15.080 Completely enclosed building. 21.15.090 Conditional use. 21.15.092 Convenience store. 21.15.095 Congregate care facility. 21.15.100 Corner lot. 21.15.105 Cottage housing. 21.15.108 Courtyard apartments. 21.15.110 Coverage.21.15.010 Car (or auto or automobile) wrecking. Car wrecking means the collecting, dismantling, storage, salvaging, or sale of parts of machinery or vehicles not in running condition. 21.15.012 Carport. Carport means a legally permitted structure, covered by a roof, for the sheltering of a motor vehicle. [Ord. 4016 § 3, 2016]. 21.15.015 Church. Church means any community facility used or dedicated for the legitimate exercise of recognized federal and state constitutional rights for religious free worship. A neighborhood church is a church of 22,000 square feet or less of gross floor area. A community church is a church of greater than 22,000 square feet of gross floor area. Determination of gross floor area shall be consistent with state building code calculations. [Ord. 3353 § 13, 2001]. 10.2.c Packet Pg. 611 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.15.020 City. City means the city of Edmonds in the state of Washington. 21.15.030 City council (or council). City council (or council) means the city council of the city of Edmonds. 21.15.032 Closed record appeal. Closed record appeal for purposes of the ECDC means an administrative appeal on the record to a decisionmaking body, including the city council, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. [Ord. 3112 § 35, 1996]. 21.15.035 Co-location. Repealed by Ord. 3845. 21.15.040 Commercial parking lot. Commercial parking lot means a site where parking spaces are rented or leased to persons other than those who live or work on the same site. (See also, Off-Street Parking and Private Parking.) 21.15.050 Commercial garage. Commercial garage means a building used for storage, repair, or servicing of motor vehicles as a commercial use. 10.2.c Packet Pg. 612 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.15.060 Commercial kennel. Commercial kennel means a building in which four or more domestic animals at least four months of age are kept commercially for board or breeding. [Ord. 2759 § 2, 1990]. 21.15.070 Commercial use. Commercial use means an activity with goods, merchandise, or services for sale or rent. 21.15.071 Community facilities. A. Community facilities mean any use, structure, building, or development that: 1. Is primarily used or dedicated for use by members of the general public for educational, religious, informational, recreational, artistic, or social purposes; or 2. Serves members of the general public by providing for utility, transportation, police, fire, and parking services; or 3. Is primarily used or dedicated for use by local, state, regional, or federal governments for the purpose of providing governmental services. B. Community facilities consist of churches, local public facilities, parks, and regional public facilities. C. Community facilities do not include animal hospitals, boarding houses, congregate care facilities, day care facilities, fraternities, foster homes, halfway houses, home occupations, hospitals, rooming houses, retirement homes, sororities, or similar medical, hospice, or care uses. [Ord. 3353 § 14, 2001]. 21.15.073 Community park. Community park means a public recreation facility primarily designed and located to provide active and structured recreation opportunities for young people and adults in the immediate 10.2.c Packet Pg. 613 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d community. The service area is at least a one- to two-mile radius. In general, community park facilities are designed for organized activities and sports, although individual and family activities are also encouraged. Community parks may provide indoor facilities to meet a wider range of recreation interests. Community parks serve a larger area than neighborhood parks and offer more facilities such as parking, restrooms, covered play areas, etc. Community parks usually exceed 20 acres in size and often have sport fields, water bodies, gardens, nature trails or similar facilities as the central focus of the park. [Ord. 3353 § 15, 2001]. 21.15.075 Commuter parking lots. Commuter parking lot means a parking lot or portion of a parking lot composed of new or existing parking spaces that are designated for use by persons who travel to or from Edmonds as part of a commute that includes a form of transportation other than single occupant vehicle, such as nonmotorized transportation for distances of more than a quarter of a mile, carpooling or transit. In determining the number of parking spaces in a commuter parking lot, all parking spaces within a lot as defined by ECDC 21.55.010 shall be construed as part of the same commuter parking lot as well as any spaces within 300 feet of each other. [Ord. 3090 § 6, 1996]. 21.15.080 Completely enclosed building. Completely enclosed building means one designed and constructed with all exterior walls of the structure solid from the ground to the roof line, and containing no openings except for windows and doors which are designed to be closed. 21.15.090 Conditional use. Conditional use means a use allowed in one or more zones as defined by the zoning code but which, because of characteristics peculiar to such use, because of size, hours of operation, technical processes or equipment, or because of the exact location with reference to surroundings and existing improvements or demands upon public facilities, requires a special 10.2.c Packet Pg. 614 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d permit in order to provide a particular degree of control to make such uses consistent with and compatible with other existing or permissible uses in the same zone or zones. Multiple uses or any combination of uses, any of which require a conditional use permit, shall be allowed on a single lot only upon the grant of a conditional use permit. [Ord. 2660 § 7, 1988]. 21.15.092 Convenience store. A convenience store shall mean a small retail commercial establishment which sells and/or rents a limited selection and variety of perishable and nonperishable food items and grocery related items, video cassettes and sundries which by their nature are geared toward rapid customer turnover. [Ord. 2660 § 6, 1988]. 21.15.095 Congregate care facility. A congregate care facility shall be given the same definition as a retirement home. [Ord. 2818 § 4, 1991]. 21.15.100 Corner lot. Corner lot means a lot which has frontage on two or more streets where the streets meet. 21.15.105 Cottage housing. Residential units on a lot with a common open space that either: (a) Is owned in common; or (b) has units owned as condominium units with property owned in common and a minimum of 20 percent of the lot size as open space. 21.15.108 Courtyard apartments. Attached dwelling units arranged on two or three sides of a yard or court. 10.2.c Packet Pg. 615 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.15.110 Coverage. Coverage means the total ground coverage of all buildings or structures on a site measured from the outside of external walls or supporting members or from a point two and one-half feet in from the outside edge of a cantilevered roof, whichever covers the greatest area. Chapter 21.20 “D” TERMS Sections: 21.20.010 Day care facility. 21.20.020 Dedication. 21.20.025 Development regulations. 21.20.030 Domestic animal. 21.20.035 Dock. 21.20.040 Drive-in business. 21.20.045 Duplex. 21.20.050 Dwelling unit. 21.20.010 Day care facility. The following definitions shall apply to the various day care facilities allowed in the different zone districts: A. Family Day Care Home: A residence used for the care of children under the age of 12 located in the family dwelling of the person or persons under whose direct care the child or children are placed, accommodating 12 or fewer children, such numbers to include those members of the resident family who are under the age of 12 years old and are cared for within the day care facility. This definition shall apply regardless of whether the care is provided for compensation. 10.2.c Packet Pg. 616 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d B. Day Care Center: A building or portion thereof used for the care of children under the age of 12 located in a facility which accommodates 13 or more children regardless of whether such services are provided for compensation. C. Adult Care: The definitions of family day care home and day care center shall also include facilities designed for the care of disabled persons, and persons over the age of 65 years during normal working hours (“adult care”). The expansion of the definition is intended to permit neighborhood oriented facilities which provide services to the disabled and elderly while their adult children or other family care givers are at work. This definition shall be applied in a way which permits day care facilities for adult care to operate under the same terms and conditions as day care facilities for children. This definition shall not include facilities such as halfway houses, treatment centers, counseling centers, or other businesses which offer medical services, treatment or counseling to the disabled; these business uses shall be located only in the appropriate commercial zones. [Ord. 4333 § 30 (Exh. A), 2023; Ord. 3453 § 4, 2003; Ord. 2458 § 4, 1984]. 21.20.020 Dedication. Dedication means the gift of land by an owner for any public use. 21.20.025 Development regulation. The controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city. 10.2.c Packet Pg. 617 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.20.030 Domestic animal. Domestic animal means one normally kept incidental to a single-family dwelling. Included are dogs and cats; excluded are wild or exotic animals, horses and cows, chickens, goats, or other similar animals. 21.20.035 Dock. Dock means a structure designed to float upon the water, and which is attached to shoreline and is used for moorage or other water- related activity such as swimming or diving. [Ord. 2605 § 3, 1987]. 21.20.040 Drive-in business. A drive-in business means a business or portion of a business where a consumer is permitted or encouraged either by the design of physical facilities or by the provisions of services and/or packaging procedures, to carry on business while seated in a motor vehicle. In some instances, such as self-service gasoline stations, customers may need to get out of their vehicle in order to obtain the product or service. This definition shall include but not be limited to service stations, car washes, and drive-in restaurants or banks. [Ord. 2660 § 5, 1988]. 21.20.045 Duplex. A residential building containing exactly two attached dwelling units located on a single lot. Units may be arranged side-by-side or stacked vertically and may share common structural elements such as walls, floors, or ceilings. Each unit must have an independent exterior entrance. 10.2.c Packet Pg. 618 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.20.050 Dwelling unit. Dwelling unit means a residential living unit that provides complete independent living facilities for one or more persons, which includes permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling unit does not include recreation vehicles or mobile homes. (See also, Multiple Dwelling Units.) [Ord. 4360 § 9 (Exh. A), 2024; Ord. 4260 § 3 (Exh. A), 2022]. Chapter 21.25 “E” TERMS Sections: 21.25.010 Easement. 21.25.020 Equipment shelter or cabinet. 21.25.100 Expressive dance. 21.25.010 Easement. Land which has specific air, surface, or subsurface rights conveyed for use by an entity other than the owner of the subject property or to benefit some property other than the subject property. [Ord. 2924 § 1, 1993]. 21.25.020 Equipment shelter or cabinet. Equipment shelter or cabinet is a room, cabinet or building used to house equipment for utility or service providers (see Title 22, Plates 1 – 4). [Ord. 3099 § 6, 1996]. 21.25.100 Expressive dance. Expressive dance means any dance which, when considered in the context of the entire performance, constitutes an expression of art, theme, story or ideas, but excluding any dance 10.2.c Packet Pg. 619 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d such as, but not limited to, common barroom-type topless dancing which, when considered in the context of the entire performance, is presented primarily as a means of displaying nudity as a sales device or for other commercial exploitation without substantial expression of theme, story or ideas, and the conduct appeals to the prurient interest, depicts sexual conduct in a patently offensive way and lacks serious literary, artistic, political or scientific value. [Ord. 3117 § 8, 1996]. Chapter 21.30 “F” TERMS Sections: 21.30.010 Family. 21.30.014 Farmers’ market. 21.30.020 Fence. 21.30.030 Flag lot. 21.30.032 Flat. 21.30.035 Float, recreational. 21.30.040 Floor area. 21.30.050 Formal subdivision. 21.30.060 Foster home. 21.30.065 Fourplex 21.30.070 Fraternity. 21.30.080 Repealed. 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; 10.2.c Packet Pg. 620 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 2. State licensed foster family homes and group care facilities as defined in RCW 74.15.180, subject to the exclusion of subsection (C) 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 for juvenile 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. Nothing herein shall be interpreted to limit normal hosting activities associated with residential use. [Ord. 4360 § 9 (Exh. A), 2024; Ord. 4260 § 4 (Exh. A), 2022; Ord. 3571 § 1, 2005; Ord. 3184 § 1, 1998]. 21.30.014 Farmers’ market. Expired. 21.30.020 Fence. Fence means any construction of wood, metal, masonry or other nonliving material which provides a visual and/or physical obstruction to an observer at ground level. This definition shall exclude any portion of a retaining wall which is below finished grade and which is contiguous with the fence. Any portion of a base or foundation for the fence which does not serve a necessary and bona fide purpose of retaining earth shall not be considered a retaining wall but rather a part of the fence. [Ord. 3491 § 1, 2004; Ord. 2772 § 2, 1990]. 21.30.030 Flag lot. Flag lot means a lot which has a frontage of less than one-half of the minimum lot width on the principal street or principal access easement. Flag lots are also known as pipestem lots or panhandle lots. (See also, Lot.) 10.2.c Packet Pg. 621 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.30.032 Flat. “Flat(s)” means multiple family dwelling unit(s) that are horizontally separated – i.e., stacked above and/or below each other. [Ord. 4070 § 2 (Exh. 1), 2017]. 21.30.035 Float, recreational. A recreational float is an offshore platform used for water-dependent activities such as swimming and diving. [Ord. 2605 § 4, 1987]. 21.30.040 Floor area. Floor area means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walls and from the centerline of division walls. Floor area shall include: basement space, elevator shafts and stairwell at each floor, mechanical equipment rooms or attic spaces with headroom of seven feet six inches or more, penthouse floors, interior balconies and mezzanines, and enclosed porches. Floor area shall not include: accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom of less than seven feet six inches, exterior steps or stairs, terraces, breezeways, and open spaces. 21.30.050 Formal subdivision. (See ECDC 20.75.030.) 21.30.060 Foster home. Foster home means a social service facility licensed by the state as a full-time foster family and described as an agency which regularly provides on a 24-hour basis to one or more individuals, but not more than six individuals. [Ord. 2818 § 3, 1991]. 10.2.c Packet Pg. 622 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.30.065 Fourplex. A residential building containing exactly four attached dwelling units located on a single lot. Units may be arranged side-by-side, stacked vertically, or configured through a combination of these arrangements, sharing common structural elements such as walls, floors, or ceilings. 21.30.070 Fraternity. Fraternity means a building occupied by and maintained exclusively for students affiliated with an academic or professional college or university, or other recognized institution of higher learning and regulated in some part by that institution. 21.30.080 Freestanding sign. Repealed by Ord. 3313. Chapter 21.35 “G” TERMS Sections: 21.35.010 Garage. 21.35.013 Gross floor area. 21.35.017 Ground floor. 21.35.020 Repealed. 21.35.030 Repealed. 21.35.040 Repealed. 21.35.010 Garage. (See also, Commercial Garage.) 10.2.c Packet Pg. 623 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.35.013 Gross floor area. An interior habitable area of an accessory dwelling unit, including basements and attics but not including unconditioned space, such as a garage or nonhabitable accessory structures. [Ord. 4360 § 9 (Exh. A), 2024]. 21.35.017 Ground floor. The ground floor of a structure is that floor which is closest in elevation to the finished grade along the width of the side of the structure that is principally oriented to the street which provides primary access to the subject property. A structure consisting of a building with multiple entrances divided into individual offices and related uses shall have only one ground floor. In the event that the use of the building shifts traffic from one entrance to another or there is uncertainty in determining which entrance provides “primary access,” the primary entrance as established by the historic use of the structure shall control unless the transfer of the “primary access” from one street orientation to another is brought about in conjunction with the building or its use being brought into full compliance with all current code requirements. [Ord. 2958 § 4, 1993]. 21.35.020 Group sign. Repealed by Ord. 3313. 21.35.030 Guest house. Repealed by Ord. 4360. 10.2.c Packet Pg. 624 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.35.040 Guyed tower. Repealed by Ord. 3845. Chapter 21.40 “H” TERMS Sections: 21.40.005 Halfway house. 21.40.006 Hallway. 21.40.010 Hearing examiner. 21.40.020 Repealed. 21.40.030 Height. 21.40.040 Home occupation. 21.40.050 Horse. 21.40.055 Hospitals. 21.40.060 Hotel. 21.40.005 Halfway house. A halfway house shall include state licensed group care homes for juvenile delinquents, halfway houses providing residence in lieu of institutional sentencing, halfway houses providing residence to those needing correctional institutionalization, and detoxification centers licensed by the state where alcohol and drug abusers can be placed in lieu of incarceration for detoxification and treatment from the effects of alcohol and drugs. [Ord. 2820 § 6, 1991]. 21.40.006 Hallway. Hallway, as used in ECDC 16.20.060, 21.05.010, and 21.40.030(C), means a wholly enclosed building whose primary purpose is the connection of one building or portion thereof to another. A building or portion thereof which connects one building to another and whose width is 60 percent or less of its length shall be presumed to be a hallway. [Ord. 3728 § 4, 2009]. 10.2.c Packet Pg. 625 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.40.010 Hearing examiner. Hearing examiner means the person employed by the city of Edmonds to hold hearings and make recommendations or decisions on various land use applications. 21.40.020 Hedge. Repealed by Ord. 3491. 21.40.030 Height. A. Height means the average vertical distance from the average level of the undisturbed soil of the site covered by a structure to the highest point of the structure. (See subsection (D) of this section for exceptions to this rule.) B. “Average level” shall be determined by averaging elevations of the downward projections of the four corners of the smallest rectangle which will enclose all of the building, excluding a maximum of 30 inches of eaves. If a corner falls off the site, its elevation shall be the average elevation of the two points projected downward where the two sides of the rectangle cross the property line. (See subsection (D) of this section for exceptions to this rule.) C. Accessory buildings that are attached to the main building by a breezeway, hallway, or other similar connection so that the accessory building is separated by 10 feet or less from the main building shall be considered to be part of the main building for purposes of determining the average level. For the purposes of this section, in order for an accessory building to be considered to be attached to and a part of the main building, the connecting structure must have a roof and be constructed of similar materials to both the main building and the accessory building so that it appears to be a unified and consistently designed building. D. Height Exceptions. 1. For all properties located within the Coastal High Hazard Areas and Coastal A Flood Zones, height is measured from the elevation that is two feet above base flood elevation as identified from the applicable FEMA flood hazard map; 10.2.c Packet Pg. 626 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 2. Church steeples; 3. Elevator penthouses, not to exceed 72 square feet in horizontal section, or three feet in height, for that portion above the height limit; 4. Chimneys, not to exceed nine square feet in horizontal section or more than three feet in height, for that portion above the height limit. In RM districts, chimneys shall be clustered. No multiple-flue chimney shall exceed 39 square feet in horizontal section. The first chimney shall not exceed nine square feet in horizontal section, and other chimneys shall not exceed six square feet in horizontal section; 5. Vent pipes not to exceed 18 inches in height above the height limit; 6. Standpipes not to exceed 30 inches in height above the height limit; 7. Solar energy installations not to exceed 36 inches in height above the height limit. Such an installation may be approved as a Type II staff decision if it is designed and located in such a way as to provide reasonable solar access while limiting visual impacts on surrounding properties; and 8. Replacement of existing rooftop HVAC equipment which exceeds the existing height limit, so long as the replacement equipment does not exceed the height of the existing equipment by more than 12 inches. The replacement equipment must have earned the Energy Star label. [Ord. 4026 § 3, 2016; Ord. 3866 § 1, 2011; Ord. 3728 § 2, 2009; Ord. 3654 § 1, 2007; Ord. 3569 § 2, 2005]. 21.40.040 Home occupation. Home occupation means an economic enterprise operated within a dwelling unit or buildings accessory to a dwelling unit, incidental and secondary to the residential use of the dwelling unit, including the use of a dwelling unit as a business address in the phone directory or as a post office mailing address. 10.2.c Packet Pg. 627 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.40.050 Horse. Horse means any equine animal four months of age or older. 21.40.055 Hospitals. Hospitals are public or private health facilities providing care for persons suffering from acute illness, injuries or other conditions requiring medical, surgical, psychiatric, or obstetrical services. Residence is normally short, and the facilities are characterized by high public access requirements, and the need for emergency access. Included in this definition are general or emergency hospitals, maternity and psychiatric hospitals and alcoholism and drug detoxification services. [Ord. 2818 § 5, 1991]. 21.40.060 Hotel. Hotel means a facility offering transient lodging accommodations on a daily or weekly basis to the general public and which may provide additional services, such as restaurants, meeting rooms, and recreation facilities. (See also, Motel.) [Ord. 4213 § 2 (Att. A), 2021]. Chapter 21.45 “I” TERMS Sections: 21.45.010 Interior lot. 21.45.020 Irregular lot. 21.45.010 Interior lot. Interior lot means a lot fronting on only one street. (See also, Lot.) 10.2.c Packet Pg. 628 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.45.020 Irregular lot. Irregular lot means one which is shaped so that application of setback requirements is difficult. Examples include a lot with a shape which is not close to rectangular, or a lot with no readily identifiable rear lot line, or a flag lot. (See also, Lot.) Chapter 21.47 “J” TERMS (Reserved) Chapter 21.50 “K” TERMS Sections: 21.50.010 Kennel. 21.50.020 Kitchen. 21.50.010 Kennel. (See, Commercial Kennel.) 21.50.020 Kitchen. Kitchen means any room used for cooking or preparation of food. 10.2.c Packet Pg. 629 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d Chapter 21.55 “L” TERMS Sections: 21.55.005 Repealed. 21.55.007 Local public facilities. 21.55.010 Lot. 21.55.015 Lot of record. 21.55.020 Lot area. 21.55.030 Lot depth. 21.55.040 Lot line. 21.55.050 Lot width. 21.55.060 Landslide hazard area and earth subsidence. 21.55.070 Low impact development (LID). 21.55.005 Lattice tower. Repealed by Ord. 3845. 21.55.007 Local public facilities. Local public facilities mean any community facilities operated by a unit of local, state or federal government (or by a third party on behalf of a unit of local, state or federal government) primarily sited, designed, constructed, and operated for the purpose of providing public health, safety and welfare services to the immediate area or neighborhood in which the facilities are sited. Local public facilities include, but are not limited to: police stations, fire stations, branch libraries, bus-stop shelters, electrical substations, water pump stations, community clubhouses, parks and recreation special use areas, branch administrative offices of a governmental entity, and associated storage and maintenance buildings and yards. [Ord. 3723 § 1, 2009; Ord. 3353 § 16, 2001]. 10.2.c Packet Pg. 630 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.55.010 Lot. Lot means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. For purposes of this code, adjoining lots under common ownership, which were created without subdivision or short subdivision approval from applicable city or county governments, shall be considered as one lot and subject to the regulations contained herein. The terms of this section shall apply regardless of whether the individual adjoining lots meet current zoning requirements. (See also, Corner Lot, Flag Lot, Interior Lot, Irregular Lot, and Parent Lot.) [Ord. 3982 § 1, 2014]. 21.55.015 Lot of record. Lot of record means a single tract of land meeting any one of the criteria listed below. A. Platted lots: 1. Any lot whose boundaries were establish in a recorded plat or short plat. 2. Any lot whose boundaries were establish in an unrecorded short plat approved by the city of Edmonds between July 3, 1956, and March 19, 1974 (not all short plats were required to be recorded). 3. Any combination of two or more lots shoring a side lot line as depicted in the following recorded plats: a. City of Edmonds. b. Brackett’s First Addition. c. Gephart’s First Addition. d. Kellogg’s Plat of Edmonds. e. Albert B. Lord’s Grandview Addition. 4. Any lot established by Snohomish County prior to the property’s being annexed into the city of Edmonds and: 10.2.c Packet Pg. 631 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d a. Whose boundaries were established by transfer of ownership before September 12, 1972, and the lot met all zoning and subdivision requirements in effect at the time of its creation. b. Whose boundaries were established between August 19, 1969, and September 12, 1972, by county approved short plat but not recorded with the county auditor’s office. c. Whose boundaries were established on or after September 12, 1972, by county approved and recorded short plat. d. Whose boundaries were established by county approved and recorded formal plat. B. Unplatted lots: 1. Lots created by deed prior to July 3, 1956. 2. Lots created through court order, will and testament, or other process listed as exempt from platting requirements by RCW 58.17.035, 58.17.040 or through an exemption from platting regulations provided by law at the time of creation of the parcel. 3. Lots that have been recognized through a previous lot determination review as legal lots. [Ord. 3982 § 2, 2014]. 21.55.020 Lot area. Lot area means the total horizontal area within the boundary lines of a lot. Lot area shall normally exclude any street rights-of-way and access easements. If additional right-of-way has been required in accordance with the provisions of ECDC 18.80.010, note 4, as the same exists or is hereafter amended, lot area shall be calculated to include the additional right-of-way required over and above the standard established by that section. [Ord. 2713, 1989]. 21.55.030 Lot depth. Lot depth means the depth of the lot measured on a line approximately perpendicular to the fronting street and midway between the sidelines of the lot. 10.2.c Packet Pg. 632 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.55.040 Lot line. Lot line means any line enclosing the lot area. (See also, Rear Lot Line, Side Lot Line, and Street Lot Line.) 21.55.050 Lot width. Lot width identifies the minimum diameter of a lot width circle that must fit within a lot. This circle establishes that at least some portion of a lot must be at least as wide as the minimum lot width. The lot width circle shall not include Type 1 streams, Type 2 streams, Class 1 wetlands, and/or Class 2 wetlands. Examples showing the application of lot width circles are illustrated below. [Ord. 3346 § 1, 2001]. 10.2.c Packet Pg. 633 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.55.060 Landslide hazard area and earth subsidence. Those areas identified in the Roger Lowe Associates, Inc. report as on file with the city clerk and the accompanying landslide hazard map as having a greater than zero percent probability of landslide or subsidence hazard. [Ord. 2445 § 2, 1984]. 21.55.070 Low impact development (LID). A stormwater management and land development strategy applied at the parcel and subdivision scale that emphasizes conservation and the use of on-site natural features. See Chapter 18.30 ECDC, Stormwater Management, for additional LID-related terms, including “impervious surface,” “bioretention,” “pervious surface” and “on-site stormwater management BMP.” [Ord. 4085 § 21 (Exh. A), 2017]. Chapter 21.60 “M” TERMS Sections: 21.60.002 Repealed. 21.60.004 Repealed. 21.60.005 Major transit stop 21.60.006 Repealed. 21.60.008 Middle housing. 21.60.010 Mobile home. 21.60.020 Mobile home park. 21.60.030 Moorage. 21.60.040 Motel. 21.60.045 Repealed. 21.60.046 Repealed. 21.60.050 Multiple dwelling. 21.60.060 Multiple dwelling units. 10.2.c Packet Pg. 634 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.60.002 Macro facility. Repealed by Ord. 3845. 21.60.004 Micro facility. Repealed by Ord. 3845. 21.60.006 Mini facility. Repealed by Ord. 3845. 21.60.005 Major transit stop. (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; or (d) Stops on bus rapid transit routes, including those stops that are under construction. 21.60.008 Middle housing. Buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, townhouses, stacked flats, courtyard apartments, and cottage housing. 21.60.010 Mobile home. Mobile home means a building over 32 feet in length, assembled and transported to a site ready for occupancy, and which is not placed on a permanent foundation and does not meet the provision of the building code for houses. (See also, Trailer.) 21.60.020 Mobile home park. Mobile home park means land where two or more mobile homes are stored or used. (See also, Trailer Park.) 10.2.c Packet Pg. 635 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.60.030 Moorage. Moorage means a place to tie up or anchor a boat. 21.60.040 Motel. Motel means a building containing units which are used as individual sleeping units having their own private toilet facilities and sometimes their own kitchen facilities, designed primarily for the accommodation of transient automobile travelers. Accommodations for trailers are not included. This term includes tourist court, motor lodge, auto court, cabin court, motor hotel, motor inn and similar names. (See also, Hotel.) 21.60.045 Monopole I. Repealed by Ord. 3845. 21.60.046 Monopole II. Repealed by Ord. 3845. 21.60.050 Multiple dwelling. Multiple dwelling means a building or a group of buildings on the same site containing five or more separate dwelling units. (See also, Dwelling Unit.) 21.60.060 Multiple dwelling units. A multiple dwelling unit is a dwelling unit located in a multiple dwelling or within a mixed use development such as a multiple dwelling unit located in a commercial structure as a secondary use under the authority of ECDC 16.50.010(B)(3). [Ord. 2958 § 3, 1993]. 10.2.c Packet Pg. 636 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d Chapter 21.65 “N” TERMS Sections: 21.65.010 Natural open space areas. 21.65.020 Neighborhood park. 21.65.010 Natural open space areas. Natural open space areas mean public recreation areas consisting of open space land left in its natural state and used primarily as a buffer or separation from other urban uses. Depending upon the conditions of the site, the site may or may not be available for public access. In the Puget Sound area, natural open space generally contains heavily forested areas with dense underbrush. In many cases, environmentally sensitive areas are considered as natural open space areas and may include wetlands, wildlife habitat, stream and creek corridors, steep hillsides, forested areas or unique or endangered plant species. [Ord. 3353 § 17, 2001]. 21.65.020 Neighborhood park. Neighborhood park means public recreation facilities consisting of a combination playground and park designed primarily for nonsupervised, nonorganized recreation activities. In addition to their recreation value, they also provide a source of open space and aesthetic quality in the neighborhood. Neighborhood parks are generally small in size (three to 10 acres) and serve an area of approximately one-half-mile radius. Neighborhood parks are located within walking and bicycling distance of most users and are frequently located adjacent to or upon school property. Neighborhood parks sometimes provide space for organized community events. The facilities generally located in a neighborhood park include: children’s playground, picnic facilities, trails, open space and nature areas, tennis courts, outdoor basketball court, and multi- use open field for soccer, youth league baseball, etc. [Ord. 3353 § 17, 2001]. 10.2.c Packet Pg. 637 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d Chapter 21.75 “O” TERMS Sections: 21.75.010 Office. 21.75.020 Off-street parking. 21.75.030 Open space. 21.75.080 Other sexually oriented business. 21.75.120 Outdoor dining area. 21.75.010 Office. Office means a building or separately defined space within a building used for a business which does not include on-premises sales of goods or commodities. 21.75.020 Off-street parking. Off-street parking means motor vehicle parking facilities within the lot area of a private lot or public lot established for that purpose. (See also, Private Parking and Commercial Parking Lot.) 21.75.030 Open space. Open space means any part of a lot unobstructed from the ground upward. 21.75.080 Other sexually oriented business. An other sexually oriented business is any commercial establishment not defined herein where adult entertainment or sexually oriented materials is regularly conducted, displayed, or available in any form, for any type of consideration; provided, however, that a public library and a school, university, or similar educational or scientific facility shall not be considered a sexually 10.2.c Packet Pg. 638 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d oriented business. In addition, a commercial establishment that offers access to telecommunications networks as a principal business purpose shall not be considered a sexually oriented business unless the access is provided for the primary purpose of displaying or presenting materials or visual images that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified sexual anatomical areas. [Ord. 3117 § 9, 1996]. 21.75.120 Outdoor dining area. An outdoor dining area is a portion of a property utilized by a licensed food or beverage establishment for the seating of customers for their consumption of food or beverages served by the establishment. An outdoor dining area is not located within a completely enclosed building, but is instead located outside the building, such as on an outdoor patio or deck. The area may be open to the elements or may be covered by a roof or awning or partially enclosed. A portion of a dining area within an enclosed building that is temporarily opened to the outdoors (such as by opening windows, doors, or walls) is not considered to be an outdoor dining area. An outdoor dining area must be located on property outside of the city right-of- way. [Ord. 3871 § 2, 2012]. Chapter 21.80 “P” TERMS Sections: 21.80.005 Parent Lot. 21.80.010 Parks and recreation special use areas. 21.80.010 Permitted use. 21.80.020 Permit coordinator. 21.80.030 Person. 21.80.040 Pedestrian-bike path. 21.80.050 Petroleum products storage and distributing. 21.80.055 Pier. 21.80.060 Planning advisory board. 10.2.c Packet Pg. 639 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.80.065 Planning official. 21.80.070 Primary use. 21.80.075 Principal dwelling unit. 21.80.080 Private. 21.80.090 Private parking. 21.80.095 Project permit or project permit application. 21.80.100 Repealed. 21.80.103 Public market. 21.80.105 Public meeting. 21.80.005 Parent Lot. The original lot, parcel, or tract of land, as recorded with the County Assessor’s office, prior to subdivision or other division methods such as unit lot subdivisions or condominium plats, from which new unit lots or individually owned units are created. A parent lot must meet all applicable zoning requirements, including minimum lot size, dimensional standards, and density allowances for the underlying zoning district. 21.80.010 Parks and recreation special use areas. Parks and recreation special use areas mean public facilities used for specialized recreational, educational, or community purposes. Special use areas include miscellaneous publicly owned facilities that do not generally meet the classification criteria for neighborhood, community, regional, or waterfront park areas. Special use areas often include various types of indoor facilities. Examples of special use areas in Edmonds include the Meadowdale Clubhouse, Historical Museum, and Frances Anderson Center. Parks and recreation special use areas are a type of local public facilities. [Ord. 3353 § 18, 2001]. 21.80.010 Permitted use. Permitted use means a use not requiring a conditional use permit. (See also, Use.) 10.2.c Packet Pg. 640 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.80.020 Permit coordinator. Permit coordinator means the planning and development director or other person designated by the mayor. [Ord. 4314 § 94 (Exh. A), 2023]. 21.80.030 Person. Person means any person, firm, business, corporation, partnership, or other association or organization, marital community, municipal corporation, special district or governmental agency, and includes the plural such as persons, firms, etc. 21.80.040 Pedestrian-bike path. (See Bike-Pedestrian Path.) 21.80.050 Petroleum products storage and distributing. Petroleum products storage and distribution means the receipt of petroleum products, generally by pipeline or marine vessels and the storage and loading of petroleum products for distribution to petroleum bulk plants and to customers and automotive service stations; and all related operations, including but not limited to, the operation and maintenance of trucks and equipment, the handling of products, merchandise and materials, the provision of customer services related to the petroleum distribution business, and the compounding, blending, packaging and shipping of lube oils and greases. 21.80.055 Pier. A pier is a fixed structure which abuts the shoreline and is used for moorage or other water- related activities such as swimming and diving. [Ord. 2605 § 5, 1987]. 10.2.c Packet Pg. 641 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.80.060 Planning advisory board. Planning advisory board means the planning advisory board of the city of Edmonds, established in Chapter 10.40 ECC. 21.80.065 Planning official. The manager of the planning division or his/her designee. [Ord. 2925 § 1, 1993]. 21.80.070 Primary use. Primary use means the principal use of a property. (See also, Use.) 21.80.075 Principal dwelling unit. Principal dwelling unit means a primary housing unit located on the same lot as an accessory dwelling unit. [Ord. 4360 § 9 (Exh. A), 2024]. 21.80.080 Private. Private means for the noncommercial use of the occupant and guests of the occupant. 21.80.090 Private parking. Private parking means parking facilities for the noncommercial use of the occupant and guests of the occupant, including garages and carports. (See also, Off-Street Parking and Commercial Parking Lots.) 10.2.c Packet Pg. 642 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.80.095 Project permit or project permit application. Project permit or project permit application for purposes of the ECDC means any land use or environmental permit or license required by the ECDC for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical areas ordinances, site-specific rezones authorized by a comprehensive plan or sub-area plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection. [Ord. 3112 § 36, 1996]. 21.80.100 Projecting sign. Repealed by Ord. 3313. 21.80.103 Public market. Public market shall mean an indoor and/or outdoor retail market open to the public consisting of two or more independent vendors, with each vendor operating independently from other vendors and subleasing booths, stalls or tables for the purpose of selling farm-grown or home- grown produce, food, flowers, plants or other similar perishable goods, and/or new wares, used goods or merchandise. [Ord. 3932 § 2, 2013]. 21.80.105 Public meeting. Public meeting for purposes of the ECDC means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the decisionmaking body’s decision. A public meeting may include, but is not limited to, an architectural design board meeting or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record 10.2.c Packet Pg. 643 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the city’s project permit file. [Ord. 3112 § 37, 1996]. Chapter 21.85 “R” TERMS Sections: 21.85.010 Rear lot line. 21.85.015 Rainwater collection tank. 21.85.020 Rear setback. 21.85.030 Recreation facilities. 21.85.031 Regional park. 21.85.033 Regional public facilities. 21.85.035 Related equipment. 21.85.040 Restaurant. 21.85.050 Retirement home. 21.85.060 Riding academy. 21.85.070 Roof. 21.85.080 Rooming house. 21.85.010 Rear lot line. Rear lot line means a line or lines which are opposite and most distant from the street lot line. (See also, Lot Line.) 21.85.015 Rainwater collection tank. Expired. 10.2.c Packet Pg. 644 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.85.020 Rear setback. Rear setback means the minimum distance required by this code for a building or structure to be set back from the rear lot line. [Ord. 3602 § 3, 2006]. 21.85.030 Recreation facilities. Recreation facilities means uses such as boat or yacht clubs, swimming pools, athletic clubs, golf, and country clubs, tennis courts, and so forth. 21.85.031 Regional park. Regional park means a public recreation facility designed and located to serve an entire region. Regional parks are usually large in size and often include areas of natural quality suitable for outdoor recreation activities such as golfing, picnicking, boating, fishing, swimming, camping and hiking. [Ord. 3353 § 19, 2001]. 21.85.033 Regional public facilities. Regional public facilities mean any community facilities primarily sited, designed, constructed, and operated for the purpose of providing services or recreation to the general public on a regional or national basis. Regional public facilities include, but are not limited to: airports, concert halls, museums, zoos, aquariums, universities, colleges, trade schools, cemeteries, central or primary government offices, sewage treatment facilities, solid waste facilities, commuter parking lots, regional transit centers, and stadiums. Facilities associated with and sited with schools are not intended to be regulated as separate regional public facilities. [Ord. 3353 § 20, 2001]. 10.2.c Packet Pg. 645 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.85.035 Related equipment. Related equipment is all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors. [Ord. 3099 § 14, 1996]. 21.85.040 Restaurant. Restaurant means a building where food is sold to the public for on-premises consumption or to go. It may include alcoholic beverage service only if under a class C, D, or H state liquor license. 21.85.050 Retirement home. Retirement home means a place of residence for several families or individuals in apartment- like quarters, which may feature services such as limited nursing facilities, minimum maintenance living accommodations, and recreation programs and facilities. 21.85.060 Riding academy. Riding academy means an establishment where horses are kept for riding, driving, or stabling for compensation or as an accessory use in the operation of a club, association, ranch or similar establishment. 21.85.070 Roof. Roof means the top covering of a building or structure. 10.2.c Packet Pg. 646 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.85.080 Rooming house. Rooming house means a boarding house. Chapter 21.90 “S” TERMS Sections: 21.90.006 Satellite television antenna. 21.90.008 School. 21.90.009 Repealed. 21.90.010 Secondary use. 21.90.011 Service club. 21.90.012 Service station, automobiles. 21.90.014 Service station, self. 21.90.020 Setback. 21.90.024 Sexually oriented business. 21.90.025 Sexually oriented materials. 21.90.030 Short subdivision. 21.90.040 Side lot line. 21.90.050 Side setback. 21.90.060 Sidewalk or trail. 21.90.070 Repealed. 21.90.080 Single-family dwelling (unit). 21.90.085 Single-family zones. 21.90.090 Site. 21.90.095 Small animal hospital. 21.90.100 Sorority. 21.90.101 Specified anatomical areas. 21.90.102 Specified sexual activities. 21.90.105 Stacked flat. 21.90.110 Story. 21.90.120 Street. 10.2.c Packet Pg. 647 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.90.130 Street lot line. 21.90.140 Street setback. 21.90.150 Structure. 21.90.160 Structural alterations. 21.90.170 Subdivision. 21.90.006 Satellite television antenna. A satellite television antenna is an apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit. [Ord. 2526 § 1, 1985. Formerly 21.90.008]. 21.90.008 School. School means public facilities consisting of grounds and facilities primarily used or dedicated for the academic education of students from preschool through the twelfth grade and licensed or accredited pursuant to RCW Title 28A. “Primary schools” are schools used or dedicated for the education of students from preschool through the eighth grade. “High schools” are schools used or dedicated for the academic education of students from ninth grade through the twelfth grade. Schools are considered to include all school buildings, structures, ballfields, stadiums, and other grounds or facilities that are primarily dedicated for educational uses, or to the support of educational uses. [Ord. 3353 § 21, 2001]. 21.90.009 Seasonal farmers’ market. Repealed by Ord. 3921. 21.90.010 Secondary use. Secondary use means a use of a site which is secondary and subordinate to the primary use of the site, and may exist only when a primary use is existing on the same lot. The floor area devoted to all secondary uses shall be less than that devoted to the primary use. 10.2.c Packet Pg. 648 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.90.011 Service club. A service club is a bona fide charitable, nondiscriminatory fraternal, or service organization, incorporated as a not-for-profit organization under the laws of the state of Washington, recognized as a tax exempt organization by the Internal Revenue Service, and performing community service within the city of Edmonds. [Ord. 2710, 1989]. 21.90.012 Service station, automobiles. An automobile station means a business that provides for any or all of the following: A. The sale of gasoline, diesel or other fuels used for the propulsion of motor vehicles, when such products are delivered directly into the fuel tanks of automobiles. Battery exchange stations that enable electric vehicles to swap batteries as defined in ECDC 17.115.020 are also considered an automobile service station. B. The servicing of motor vehicles and operations incidental thereto, incidental to the retail sale of fuels, petroleum products and automotive accessories; automobile washing by hand; waxing and polishing of automobiles; auto detailing; tire changing and repairing (excluding recapping); battery service whether charging or replacement, excluding repair and rebuilding; radiator cleaning and flushing, excluding steam cleaning and repair; and installation of automotive accessories. C. The following services if performed entirely within a building: lubrication of motor vehicles; brake service limited to servicing and replacement of brake cylinders, aligns and brake shoes; wheel balancing; inspection, testing, adjustment, and replacement or servicing of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps, water hoses and wiring, mufflers and tail pipes, and pollution control devices and equipment. [Ord. 4251 § 2 (Exh. A), 2022; Ord. 2660 § 3, 1988]. 10.2.c Packet Pg. 649 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.90.014 Service station, self. For the purposes of this code a “self-service station” means an automobile service station at which one or more of the fuel dispensing pumps is designated for operation by the retail gasoline consumer. [Ord. 2660 § 4, 1988]. 21.90.020 Setback. Setback means the minimum distance that buildings/structures or uses must be set back from a lot line, excluding up to 30 inches of eaves. (See also, Rear Setback, Side Setback, and Street Setback.) 21.90.024 Sexually oriented business. A sexually oriented business is a commercial establishment defined as an adult arcade, adult cabaret, adult motel, adult motion picture theater, adult retail store, or other sexually oriented business. [Ord. 3117 § 7, 1996]. 21.90.025 Sexually oriented materials. Any books, magazines, periodicals, or other printed materials, or any photographs, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified sexual anatomical areas. [Ord. 3117 § 10, 1996]. 21.90.030 Short subdivision. (See ECDC 20.75.030.) 10.2.c Packet Pg. 650 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.90.040 Side lot line. Side lot line means any lot line that is not a street or rear lot line. (See also, Lot Line.) 21.90.050 Side setback. Side setback is the minimum distance required by this code for a building or structure to be set back from a side lot line. [Ord. 3602 § 1, 2006]. 21.90.060 Sidewalk or trail. Sidewalk or trail for purposes of ECDC Title 15 means pedestrian facilities which are not desirable routes for bicycles because of curbs, obstacles, uneven surfaces, and pedestrian traffic, etc. They are primarily for pedestrian use. 21.90.070 Sign. Repealed by Ord. 3313. 21.90.080 Single-family dwelling (unit). Single-family dwelling (and single-family dwelling unit) means a building configured as described herein and occupied or intended to be occupied by one household, 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. [Ord. 4360 § 9 (Exh. A), 2024; Ord. 4260 § 5 (Exh. A), 2022]. 10.2.c Packet Pg. 651 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.90.085 Single-family zones. Those zones where single-family detached residences are the predominant land use. 21.90.090 Site. Site, when used in describing an approval or permit process in this code, means the property which is the subject of the approval or permit application. 21.90.095 Small animal hospital. A small animal hospital means a veterinary facility which treats small domestic house pets such as dogs, cats, birds, fish and/or other small exotic animals under 100 pounds. This definition shall not include veterinary facilities which board or breed domestic animals or which treat, board or otherwise house or care for horses, sheep, cattle, pigs or other species of animals which typically weigh over 100 pounds per mature individual. [Ord. 2759 § 3, 1990]. 21.90.100 Sorority. Sorority means the same type of use as a fraternity, particularly for females. 21.90.101 Specified anatomical areas. Specified anatomical areas means and includes any of the following: A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or B. Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola. [Ord. 3117 § 12, 1996]. 10.2.c Packet Pg. 652 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.90.102 Specified sexual activities. Specified sexual activities means and includes any of the following: A. The caressing, fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or C. Masturbation, actual or simulated; or D. Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition. [Ord. 3117 § 14, 1996]. 21.90.110 Story. Story means that part of a building lying between two floors or between the floor and ceiling of the highest usable level in the building. 21.90.115 Stacked Flat. Dwelling units in a residential building of no more than three stories on a residential zoned lot in which each floor may be separately rented or owned. 21.90.120 Street. Street means the public or private right-of-way or access easement which provides vehicle access to five or more lots. [Ord. 3364 § 1, 2001]. 10.2.c Packet Pg. 653 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.90.130 Street lot line. Street lot line means the line or lines along the edge of a street or access right-of-way or easement. Where the official street map shows a proposed right-of-way, the edge of the proposed right-of-way shall be used as the street lot line. If additional right-of-way has been required as provided in ECDC 18.80.010, note 4, and such requirement unreasonably restricts the building footprint established by setback requirements, the city staff may calculate required setbacks for issuance of a building permit by alternatively measuring the setback from the standard street lot line, and not from the new street lot line as increased by a requirement levied under the authority of ECDC 18.80.010, note 4. [Ord. 2713, 1989]. 21.90.140 Street setback. Street setback means the minimum distance required by this code for a building or structure to be set back from the street lot line. [Ord. 3602 § 2, 2006]. 21.90.150 Structure. Structure means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential fences less than six feet in height, retaining walls, rockeries, and similar improvements of a minor character less than three feet in height. 21.90.160 Structural alterations. (See Alterations.) 21.90.170 Subdivision. (See ECDC 20.75.030.) 10.2.c Packet Pg. 654 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d Chapter 21.100 “T” TERMS Sections: 21.100.010 Tavern. 21.100.020 Temporary building or structure. 21.100.030 Through lot. 21.100.040 Townhouse. 21.100.050 Trails. 21.100.060 Trailer. 21.100.070 Trailer park. 21.100.075 Transient accommodation. 21.100.080 Repealed. 21.100.090 Transit center. 21.100.090 Triplex. 21.100.010 Tavern. Tavern means a building where beer and/or wine is served to the public, which holds a class A or B license from the Washington State Liquor Control Board. 21.100.020 Temporary building or structure. Temporary building or structure means a building or structure not having or requiring permanent attachment to the ground or involving structures which have no required permanent attachment to the ground. 21.100.030 Through lot. Through lot means a lot fronting on two streets that is not a corner lot. 10.2.c Packet Pg. 655 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.100.040 Townhouses. Buildings that contain three to six attached single-family dwelling units that extend from foundation to roof and that have a yard or public way on not less than two sides. 21.100.050 Trails. (See Sidewalks.) 21.100.060 Trailer. Trailer means a vehicle designed for short-term living, small enough to be towed by a standard automobile. (See also, Mobile Home.) 21.100.070 Trailer park. Trailer park means land used for the temporary parking of two or more trailers. (See also, Mobile Home Park.) 21.100.075 Transient accommodation. Transient accommodation shall mean any hotel, motel, condominium, resort or other facility regardless of size which offers rental of one or more lodging units on a daily or weekly basis. It shall not include rooms let on month-to-month leases or longer tenancies. [Ord. 3900 § 6, 2012]. 10.2.c Packet Pg. 656 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 21.100.080 Transmission tower. Repealed by Ord. 3845. 21.100.090 Transit center. A transit center is a dedicated transit facility located outside of the public right-of-way where several transit routes converge. A transit center is designed to accommodate several buses at once to permit users easy transfer between transit routes. A transit center may provide transit passenger shelters and waiting areas, but does not include spaces for transit passengers’ automobile parking. [Ord. 3353 § 22, 2001]. 21.100.100 Triplex. A residential building containing exactly three attached dwelling units located on a single lot. Units may be arranged side-by-side, stacked vertically, or configured through a combination of these arrangements, sharing common structural elements such as walls, floors, or ceilings. Each unit must have an independent exterior entrance or be accessed through a shared common entry. Chapter 21.105 “U” TERMS Sections: 21.105.010 Undisturbed soil. 21.105.115 Usable satellite signal. 21.105.020 Use. 21.105.030 Used car lot (or sales). 21.105.040 Unit density. 21.105.010 Undisturbed soil. Undisturbed soil means the condition of the site at the time a building permit application is made to the city, before any site work occurs. However, where the site has been altered by 10.2.c Packet Pg. 657 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d grading, cutting, or filling or similar activities before the application for a building permit, the building official shall make the determination from then available data of the mean elevation of the undisturbed soil. If the undisturbed soil elevation is not readily determined due to demolition of an existing structure, the contours may be reconstructed by the building official to coincide with adjoining topography to determine the undisturbed soil elevations. If the proposed structure occurs where no setbacks are required, the elevation of the surface (sidewalk, alley, or soil) of the property line at or nearest the intersection of the sides of the building height rectangle will be considered undisturbed soil. Where the building official deems it necessary, he shall have the right to require establishment of a datum point from which all height measurements shall be made. 21.105.050 Unit Density. The total number of dwelling units permitted on a lot, including primary dwelling units and all accessory dwelling units (ADUs), regardless of lot size. 21.105.115 Usable satellite signal. A usable satellite signal is a satellite signal which when acquired by the use of a properly installed, maintained, and operated satellite television antenna of a high quality readily available on the public market and when viewed on a conventional television set is at least equal in picture quality to that received from local commercial television stations or by way of cable television. [Ord. 2526 § 2, 1985]. 21.105.020 Use. Use means the purpose land or building or structures now serve or for which they are occupied, maintained, arranged, designed, or intended. (See also, Accessory Use, Conditional Use, Commercial Use, Permitted Use, Primary Use, Private Use, and Secondary Use.) 10.2.c Packet Pg. 658 At t a c h m e n t : A t t a c h m e n t 3 - D r a f t M i d d l e H o u s i n g C o d e _ C l e a n V e r s i o n ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d 76 TH AV EW 220TH ST SW MAINST ED M ONDS W AY 212THST SW PINEST 100THAVEW 9TH AVEN 80TH AVEW 8THAVE S 96THAVE W DAYTONST 98THAVE W9THAVE S 244THST SW/LAKE BALLINGERWAY DALEY ST MAPLE ST WALNUT ST 238THSTSW T A L B O T R O A D 224THSTSW 240THST SW ALDERST 7THAVEN 7THAVE S PUGET DRIVE OLYMPIC AVE FIR ST 12TH AVEN 95THPLW 3RDAVEN B O W D OI N W A Y 93RDPL W 232ND ST SW 2NDAVEN 72NDAVEW 71STAVE 158THPL S W 75THPLW 73RD PLW 161STPLSW 160THPLSW 66THPLSW 161STSTSW 162NDPLSW 162NDST SW 70T H P L S W 72NDAVEW 163RDPLSW 164THSTSW 66THAVEW 163RDPLSW 162ND 163RDPLSW 165THPL SW MAGNOLIALN CEDAR ST WALNUT ST ALDERST 75THAVEW 90THAVEW 242ND ST SW A AVE S N.205THST 92ND AVEW 104THAVE W 6TH AVEN 234TH ST SW 10THAVE N CASPERSST C AVE S MAPLEWOOD DR NWTRACTIONR/W CEDARST 184THSTSW SUNSETAVEN 106TH AVE W ELMST 4THAVEN 210THSTSW MEADOWDALEROAD 206TH ST SW 231STSTSW 222NDSTSW 81STPLW 81STAVE W 97THPL W SPRAGUEST FIR D A L E A V E 165THPLSW 76TH AVEW MEADOWDALERD 67THAVEW 66THAVEW 65THAVEW MEADOWDALEBEACHRD 74THPLW BURLINGTONNORTHENRAILROAD BER T O LARD 171ST ST SW 75THPLW 76THAVE W 1 69THPLW 73RDPLW 68THAVEW OLYMPICVIEW DR MEADOWDALEBE A CH RD OLYMPICVIEWDR 175THPL BRA E MARDR SIERRADR 80THAVE W 83RDAVEW 196TH ST SW MAPLE ST 72ND PL W 233rdStSW 9TH AVES FREDERICK PL 179THSTSW SIERRA DR AD MIRAL WAY 78THAVE W 77TH PLW MAPLELANE 15 T H ST S W 86THAVEW 82NDAVE W 97TH AVEW HOLLY LANE SPRUCE ST 102 ND P L W 237THPL SW CHERRYST 217TH STSW 199THST SW HIG H ST 175THSTSW JAMESST 95THAVEW ELMPL 83RDAVE W 174THSTSW B U R LIN G T O N N O RT H EN R AIL R O A D TALBOT RD TALBO T R D 76TH AVEW 69THAVEW S O UNDVIE W D R SO U NDVIE WLN 180THSTSW 74TH A VE W 73RD AV E W 17 9 TH ST SW HOME V IEW DR RIDG E WAY OLYMPICVIEWDR O L Y M PI C VIEW DR OLYMPICVIE W D R OLYMPIC VIEWDR TALBOTRD VISTADELMARDR 91STPLW 184THSTSW 76THAVEW OLYMPICVIEWDR EOLYMPICVIEWDR 76TH AVEW 186THSTSW 188THSTSW 84 THAVEW 81 STAVE W 85THPLW 92ND AVEW HIGHST OLYMPICVIEW DR 94THAVE W 188THSTSW SOUNDVIEW PL 86TH AVEW 88TH AVE W 91STAVEW OLYMPIC VIE W DR DRIFTWOODLANE HIN DLEYLANE WILL O WIC K LN 91STAVEW RAILROAD AVE 202NDPLSW 10THPLN MADRONALANE 5THAVEN 107THPL W 201STSTSW 106THPLW CAROLWAY 172ND ST SW HINDLEYLANE 83RDPLW 101STAVE W 240TH PLSW 104THPLW HEMLOCKWAY PIONEERWAY 84 THAVE W HOWELLWAY 169THPL F IRDALEAVE ROBBERSROOST/235TH PLSW SUNSETAVES 1 7 0 T H PL S W ELMWAY P A R A DIS E LA N E GLENST ANDOVER ST 89THPL W 10THAVE S SOU NDVIEW DR 241ST PL SW BURLINGTONNORTHERNRAILROAD 191STPLSW 88THAVE W 89THAVEW 192ND ST SW 84TH AVEW 192NDSTSW DELL W O O D DR 191STST SW 76TH AVEW 7 6 T H AVE W 196THSTSW 80TH AVEW VIEWLAND WAY 8TH AVEN INTERSTATE5 188TH PL SW 68 TH AV E W 88THPL W HEMLOCKST 80THPLW 6THPL S 74THPL W 85TH AVEW C YRUS PL 231 S T PL S W 238 T H PL S W 82NDPLW ALOHAST WHARFST 2NDAVE S PINEST 8TH PLS 11TH PLN SIERRAPL HOLLYDR 213THPLSW 94THPLW 92NDPLW 88TH AVEW 75TH PL W 99THPL W 87THAVEW 190THPLSW LAURELST 14TH ST SW 93RD AVEW 207THPLSW 205TH PLSW 69THAVEW 194THSTSW 13THWAY 105THPLW SEAVISTAPL 94THPL PUGETDRIVE PUGETDR I V E 88TH AVEW 198THSTSW 76THAVEW 200TH STSW 202NDSTSW 201STSTSW 200THSTSW 80THAVEW 84THAVEW BLAKEPL OCEANAVE 216THPL SW 164THPLSW 214THPL SW PUGETLANE 78TH PLW 229THPL SW BIRCH ST 98TH PL W CORONADOPL 208TH PLSW NOTTINGHAMLANE SHELL VALLEY ROAD 198TH ST SW DRIFTWOODPL MAPLEWAY 187THPL SW LUND'SGULCHROAD 215THSTSW 173RDST SW EU CLID AVE 191STPLSW 73RD PLW 79THPL W 79THAVE W 85THPLW 102NDAVEW SEALA W N DR 207THSTSW 69THPLW 186THPLSW 209THPL SW 243RDPLSW 89THAVEW SOMERSETLANE 96THPL W 176TH PLSW 177THSTSW CAROLWAY VISTAPL OLYMPIC AVE 8THAVEN BROOKMEREDR BROOKMEREDR CARYROAD HANNAPARK 2NDAVEN 2NDAVEN 3RDAVEN CAROLWAY 3RDAVEN BELLST MAINST 6THAVE N DAYTON ST FORSYTHLANE DALEYPL HOMELANDD R 195THST SW 84THPLW MELODYLANE 242NDPL SW MOUNTAINLANE BROOKMEREDR 87THPLW 168T H P L S W SOUND VIEWPL HILLCRESTPL SATERLANE 229TH ST SW PUGETWAY 179THPL SW CASCADEDR WATERST 90THPLW 157THPLSW 12THPLN GRANDVIEW ST 218THPLW 201STPLSW NORTHSTREAMLANE 198THPLSW PARKROAD EMERALDHILLSDR 204THPLSW W DAYTONST 3RDAVES 4THAVES EDMONDS WY/SR 104 6TH AVES 5TH AVES 7THAVEN WALNUT ST 5TH AVES 7THAVES HEMLOCKWAY SEAMONTLN ERBEN DR 3RDAVE S PINEST ELMWAY B AVE S BELLST 10THAVE N 101STPLW SHELLPL FIR PL 228TH PLSW 7 7THAVEW RAILROAD ST 7THPLS VISTAWAY 157THSTSW 199T H PL 227THPL SW 85TH AVEW SKYLINEDR GILTNERLANE POPLARWAY 14THWAY 89THPL 221STPLSW 235thSTSW 224THPLSW BOATLAUNCH VIEWLANDWAY DURBINST 215THPLSW 182NDPLSW 240THST 158THST WOODLAKEDR DRIFTWOODLN 6TH PL 220THPLSW VIEWPL HIGHLANDDR ALANADALEPL 10THPLS EXCELSIORPL ALOHA WAY 10THPLN DALEYST 9TH AVEN 12THPLN 12 TH AVEN HIG H L AND DR SKYLINEDR MAINST 85 T HPLW 88TH AVEW MAPLEWOODDR MAIN ST PARKRD M A IN S T SHELLVALLEY W Y 83 R D A V E W 82NDAVE W 211THPL 80TH AVE W 82NDAVEW 81ST AVEW 80TH AVEW 80TH AVEW 76TH AVEW 77TH AVEW 208TH STSW 72NDAV E W HWY99 68THAVEW 212TH STSW HWY99 N W T R ACTION R/W 216THSTSW 233RDPLSW SIERRA ST SEALAWNPL SPRUCEPL 76THPLW BIRCH PL 80THWY FOREST DELLDR 233RDSTSW SUNSE T WAY CASCADELANE 209TH S T SW LINDSAYPL LAURELWAY 196THPLSW 15TH WAY S W 10 5 THAV EW 203RDPLSW 184THPL SW 210THPLSW LAURELLANE ALOHAPL VIEWMOORPL 217THPLSW 206THPL 205THST LIT TLE 180THPL 87TH PL 76THPLW 70THPL W 91STAVE W 219TH STSW 203RDSTSW 68THAVEW 70THAVEW HWY99 220TH ST SW 226THSTSW 2 27TH PL LAK EVIEWDRIVE 74THAVEW 72NDAVEW 229THSTSW 230THSTSW 229THPLSW 75THAVEW 74THAVEW 236TH S T SW M C A L EE R WAY 237TH STSW 74TH AVE W 74THAVEW BEESONPL 240THPLSW 225THST 86THPLW 187THSTSW 8 6TH PL W 80THPLW 9 0TH P L W 8THAVEN 74 TH PL W 70 T HAVE W 215THSTSW 78THAVEW 226THPL 242NDPLSW 8THPLS 73RD AVEW 89THAVE W 76THAVE W 80THLN 238TH ST SW HWY99 76 T HAVE W HWY99 81STPLW HWY99 80TH AVEW 226THSTSW 225THPLSW 76THAVEW 224THSTSW 223RDSTSW 82ND PLW 218TH ST SW 80THAVEW 76THAVE W 239THSTSW 237THPLSW GLEN ST 7T H P L S EDMONDS ST 101STAVEW 164TH PL SW 71STPLW E L MPL 7 4 T H PL W 204THSTSW 88THPLW 181STPL 70THAVE W 231STSTSW 191ST ST SW 242NDPL 72NDAVEW 95TH AVEW 77THPLW 203RDST SW 78THAVEW 93RDPL W 234THPL 181STPLSW 80THP L 241STSTSW SUMMITLN 86THPLW 87THPLW 88THAVEW 88THPLW 220TH ST SW 84THAVE W 88TH AVEW 90T H AVE W 85THAVE224THSTSW 87THPLW 87THAVEW 224THSTSW 86TH AVEW 228TH STSW 88THAVEW 90THAVEW 2 3 2 N D S T S W 231ST PLSW E D M O N D S W A Y 84TH AVE W 240THSTSW 89THPLW 89THPLW 90THAVEW 87THPLW 2NDAVES 189THPL 78TH PL W 78THPL W 181STPL SW 202NDPLSW 73RDAV EW 85THPL W 81STPLW EDMONDSST 87TH AVEW 182NDST T77 H AVE W 79THAVEW 84THAVEW 236THSTSW 237THPLSW 189THPL SW 219THSTSW 9 0 TH P L W 78THPLW 238THSTSW 80THPLW 242NDPLSW 12TH PLN 182NDPL SW 244THSTSW/205THST NW 2 4 2NDPLSW 242N DST 92N AD VEW 242NDSTSW 9 7TH PLW 92NDAVEW 81 ST AVEW 7THAVES 90TH AVEW 66THPLW 84THAVEW 211THPL 72NDPLW 8THAVES 81STAVE 226THPLS W 78 T HPL W 230THSTSW 79THPLW 86THPL W 221STPL CASCADEDR 236THSTSW 234TH ST SW94THPLW 99THPLW 235THPL 236THPL 97THPL W 231STPLSW 94THAVEW 98TH AVE W 96TH AVE W 95TH PL W 228THSTSW 227THPLSW 226THPLSW 99THAVEW 99THPLW 93RD PL W 92ND AVEW 98THAVEW 220THSTSW 96THAVE W 93RDAVE 92ND AVEW 216TH ST SW 77T H PL W 207THPLSW BELLST 193RDPLSW 194THPLSW 197THST 82NDPLW 202NDPL SW 190THSTSW 99THPL W 192NDSTSW 85TH AVEW 241STPL SW 243RDPLSW 6THAVES ALDERST 238TH ST SW 218THSTSW 84THPLW 78THAVEW 96THPLW 93RDPLW BURLINGTON NORTHERN RAILROAD 219THSTSW 68THAVEW PINE ST 92ND AVEW 92ND PLW 95THPLW BOWDOINWAY 96THAVEW E D MONDSWAY ELM W AY 8THAVE S E D M O N D S W A Y 14THWAY 14THWAY 106THPL W E D M O N D S W AY 100TH AVEW 231ST STSW JO HN CT 232NDSTSW ROBINHOODDR HUMBERLN WEST GREYSTONELN 170 T H P L S W 94THPLW 95THPLW 97TH PLW 209THST SW 68THAVEW 190THSTSW 236THSTSW 77THPLW 189THPLSW 240TH PLSW 77THAVE 223RDSTSW 83RDPLW 213TH ST SW 72NDAVEW 242NDPLSW 80TH AVEW 228THST SW 160THSTSW FRIAR T U C K LN R O BIN HOOD DR 237TH PLSW 101STPLW 10 1 STAVE W 100THAVEW 102NDPL W 100THAVEW 244TH STSW 1 01 STAVEW 104TH AVE W 244THST SW/205TH STNW EASTGREYSTONELN TOTEM POLE LNEAGEL LN / 242ND ST SW BERRY LN/243RD PL TIMBE R LN 11 4 TH AV E W IVY RD/240TH ST SW 239TH PL SW WESTWOODWAYLN 239TH PL SW 78THAVE W 71STAVEW 84THPLW 85THPLW 204THSTSW ALOHAST 192ND PLS W 78THPLW BROOKMEREDR 7 5 T H P L W 106THPLW 78TH AVEW 83RD AVEW 74THAVEW 78THAV EW 82ND PLW SPRUCE ST 79THAVEW 92NDAVEW 2NDAVES 238TH ST SW 236TH PL SW 111TH PL W 110TH PL W 113TH PL W115 TH PL W 112TH PL W 236TH PL SW WOODHAVEN PL 110TH PL SWWOODWAY PARK RD TIMBER LN BURLINGTON NORTHERN RAILROAD 116TH AVE W B LRU I TGN NO ON TR EH NR AR IL OR AD WACHUSETT ROAD WACHUSETT ROAD WOODWAY PARK RD WOODWAY PARK RD NORTH DEE R DR S O U TH D E E R D R 1 T80 HA VEW OD GWOO DPL SOUTH D O G W O OD L N NORTHD EERD R DOGWOOD NL D O G W O O D L N ALGONQUINRD WOODWAYPARKRD KUSHAN RD NORTH DOGWOOD LN N O RTH DOGWOODLN M A K A H R D WHITCOMPL WOODWAYPARKRD 3RDAVES 73RDPLW 191STST 181STPLSW 99THAVE W 236THPLSW 185THPL SW 225T H PLSW ELM WAY 78THPL W 222ND STSW 194THST SW 79 THPLW 85 THPLW 217THSTSW 180THSTSW ADMIRAL W AY SEA VI S TA PL ELM ST BELLA COOLA RD CHINOOKPL/ 117TH PLW NOOTKARD MAKAHRD MAKAH RD POINTEDWARDSPL 216THSTSW 3RDAVES 4TH AVE S 7TH AVES 6TH AVES 6TH AVES 9THAVE S 8TH AVES 2NDAVE S 3RD AVES 4TH AVES 82NDPL W 230TH ST SW PIONEERWY 235TH STSW 69TH PLW 107TH PLW 78THPLW 81STAVEW 232ND PLSW 77TH PL W 229THSTSW 82NDAVE W 185THSTSW 193RD PLSW 88THAVEW 86THPL W 240THSTSW BIRCHST 183 RD PL SW 97THAVE W 207THPL 86THAVEW 94THAVEW 236TH ST SW 185THPLSW 80THPLW QUAIL LN 164THPLSW 164THPLSW 64THAVEW 63RDAVEW 63RDAVEW 66THAVEW 168THSTSW 68TH AVEW 225THPL 156THST SW 82NDAVE W 93RD AVEW 87THAVEW 242NDSTSW 67THAVE W 77 T HPLW 206TH STSW 230THSTSW 74THAVE W 91S T A V E W 2 27THPLSW 90THPLW 80TH PLW 75T H PL W 244THSTSW/205THST NW 226THPLSW PINEST 208TH STSW 170TH PL SW 171ST PL SW 172ND PL SW172ND PL SW MEADOWDALEDR 173RD ST SW 172ND ST SW M E ADO WDALEDR 165THPLS W OLYMPICVIEWDR 169TH PLW 170THPLW 175THSTSW 173RD PL SW 88TH AVEW 86TH AVEW 204THSTSW 86THPLW 182NDPL 236THPL 89THPLW 76THPLW EDMONDS ST 1 9 8 T HSTSW VISTAWAY 186TH ST SW 217TH ST SW 95THPL W 233RDPL 101ST PLW 87THAVE W 173RDSTSW 70 TH AV E W 71ST AV E W 185TH ST SW 185TH PL SW 187TH PL SW 186TH 188THSTSW 79TH P L W 226THSTSW 79TH AVEW 240THPL 202NDSTSW 83RDPL 74THPLW 72NDAVEW 14THWAY 215TH ST SW 175TH S T SW 77THAVE 182NDPL SW 98TH PLW 86THAVEW 106 THPLW 241STST 214THPL SW 90T HA EV W 80THAVEW 82ND AVEW 2 2 1 S T S T S W 174THSTSW 215THSTSW 83RDPL 225THPLSW 69 T H PL W 68 T H PL W 70TH AV E W 75 T H AVE W 1 91 STSTSW 74 TH AV E W 192ND PL SW 192ND PL SW 69TH PL W 70TH AVE W 71 ST PL W 72 ND PL W 73 RD AV E W 107THPLW 78THPL W 82 N DPLW 228THST SW 71STPLW 168THSTSW 173RD ST SW 174TH ST SW 176TH ST SW 66TH PL W 175TH PL 232NDSTSW 82NDPLW 214THPLSW 222ND STSW 176THSTSW 242NDPLSW 243RD PLSW 235THPL OLYMPIC VIEWDR 74THAVEW 204THPLSW 70THPLW SPRAGUE ST 83RD AVEW 229THPLSW 80TH PLW FIRPL M A P L EW O O D L N 172ND P LSW 13THWAY T46 H AVE W 65 TH PL W 65 TH AV E W 66 T H PL W 67TH PL W 64 TH AV E W 65TH AV E W 62 ND PL W 177TH PL SW 178TH PL SW178TH PL SW 180TH ST SW 225THPLSW 83RD AVEW 83RDAVEW 192NDPL SW OLYMPICVIEWDR 89THA VE W 79THAVEW 178THPLSW PUGET WAY 81STPLW 172ND STSW 215THSTSW 10 5THPL W 91STAVEW 85THPLW 89THPL 77THAVEW VISTAPL 7THPLS 86THPLW 188TH ST SW 185TH PL SW PENNY LN 64TH AV E W 66 TH AV E W 67 TH AV E W 189TH PL SW 190TH ST SW 191ST PL SW 171ST STSW 184THST SW 95THPL W 86THPL W 194THPL 85 THPL W 185THSTSW 218TH ST SW 198THPLSW 82NDAVE W 229THPL 224TH STSW 240THPL SW 81STPL W 227TH STS W 81ST PLW 4TH AVES 180THSTSW 90TH AVEW 81STAVE W VIEWLAND WAY 94THAVE W 187THPLSW 8THAVEN 228TH STSW 65 TH PL W 64 TH AV E W 62 ND PL W 186TH STSW 66TH PL 185T185TH ST SW 183RD PL SW 182ND 181ST 183RD PL SW 182ND PL SW 183RD ST SW 182ND ST SW 63RD CT 62 ND PL W 67TH AV E W 181ST ST SW181ST ST SW 63 RD PL 67THAVE FIRE RD 69TH PL W 71ST AVE W 192ND ST SW 191ST PL SW 191ST ST SW 72 ND AV E W 92NDAVEW 86THAVEW 86THPLW 215TH PLSW 97TH AVEW 200TH STSW 78THAV EW 226THPLSW 8TH AVE N PUGETDR 205THPLSW 82ND AVEW 164THSTSW 226THST SW 77TH PLW 202ND ST SW 96TH AVEW 239T H P L S W 160THSTSW 82 N D AVEW 229THSTSW 68 TH AV E W 68 TH AV E WBLUE RIDG E DR 193RD PL SW 194TH PL SW 194TH PL SW 1 9 3RDPLSW 73 R D P L 194TH ST SW 72 ND PL 190TH ST SW 191ST ST SW 192ND PL SW 66TH PL W 102ND PL W 77THAVEW 216THSTSW 84THAVE W 72NDAVEW EDMONDS WAY/SR 104 12THAVEN 182ND STSW 187THPLSW 72NDAVE W 101ST AVE W 81STAVEW 194THSTSW 86THAVEW 187TH ST SW 86THPLW 81STAVE W 221ST PLSW 216TH STSW 224THSTSW 73RDPL W 83RDAVE W 74THPL 63RD PL W PARKWY DALEWY 189TH PL SW 189TH PL SW 67TH AVE W 193RD ST SW 193RD ST SW 194TH ST SW 195TH PL SW 196TH ST SW 66 HT A VEW 196TH ST SW 197TH ST SW HEIN Z PL 69 T H PL W 71ST PL W 73RD AVE W 189TH ST SW 68TH AV E W 75 TH AV E 201ST PL 74 T H PL W 75 TH PL W 73RD AV E W 204THSTSW 203RDPLSW GLENST HWY99 204THSTSW 63 RDPLW 63RDAVEW 60THAV 208THSTSW 210THSTSW 212THSTSW 66 THAV EW 67 T HAV EW N W TRAC TIO N R/W 214THSTSW 213THPLSW 215THSTSW 67THAVEW 66THAVEW 61STPLW 216THSTSW 218THSTSW 219THSTSW 66THAVEW 64THAVEW 220THSTSW 68THPLW 68THAVEW 222NDSTSW 224THSTSW 224THSTSW 220THPL 221STPL221STPLSW 223RDPL 223RDPLSW 67THPLW 68THAVEW 66THAVEW 65THAVEW 64THAVEW 67THPLW 66THPL W 226THSTSW 225THPL 225THPLSW 225THPLSW 226THSTSW 227THPLSW 67THPLW 63RDPLW 62NDAVEW 62NDAVE W 227TH STSW 68THAVEW 67THPLW 66THPL 65THPL 64THPLW 228THSTSW 229THPL 230THSTSW 68THAVEW 230THSTSW 231STSTSW 63RD AVE W 63 RD PL 66THAVEW 67THPLW 66THAVEW 67THPLW 232NDSTSW 232NDPLSW 233PL 234TH PL 233RDST SW 234THSTSW 234THST 64THAVEW 63RDAV E W 63RD AVE W 66THAVEW 234THPL 234TH PL 235THPL 65THPLW67THAVEW 234TH ST S W235THSTSW 231STSTSW 92NDAVEW 91STAVEW N W T R A C TIO N R/W 78THPLW 236THSTSW 8THAVEN AL BIO N W AY 85thAveW 4TH AVE S 5THAVE S 6TH AVE S A AVE S 7THAVE S B AVE S C AVE S E D M O NDSWAY 178THPLSW 6 9 T H PLW 96TH PL W BURLINGTON N O RT H E R N R AIL R O A D Lake Ballinger MAPLE ST ALDER ST BC-EW BC BN RM-1.5 RM-2.4 P u get So und ² Low-Density Residential Zoning Illustrative Map Legend NCH LDR - Large LDR - Medium LDR- Small (To be adopted with NCH code updates) DRAFT 10.2.d Packet Pg. 659 At t a c h m e n t : A t t a c h m e n t 4 - D r a f t L D R Z o n i n g M a p ( M i d d l e H o u s i n g D e v e l o p m e n t C o d e U p d a t e : P l a n n i n g B o a r d R e c o m m e n d a t i o n ) City Council Agenda Item Meeting Date: 05/27/2025 WRIA 8 Salmon Recovery Council Interlocal Agreement Renewal (2026-2035) Staff Lead: Mike Clugston, Planning Department: City Council Preparer: Beckie Peterson Background/History The current WRIA 8 Interlocal Agreement (ILA) between the 29 local government partners expires December 31, 2025. The ILA provides a mechanism and governance structure for the joint funding, planning, and implementation of priority salmon recovery projects and programs. The ILA and the memorandum of understanding between King County as WRIA 8 service provider and the Salmon Recovery Council (SRC) need to be renewed to continue the WRIA 8 salmon recovery effort. Between July and November, WRIA 8 ILA partners worked with WRIA 8 staff and the King County Prosecuting Attorney’s Office to develop final draft language for a renewed ILA for approval by the WRIA 8 Salmon Recovery Council at the November 2024, and ratification by all ILA partners by the end of 2025. Recommendation Council should consider a motion to approve the proposed final draft WRIA 8 Interlocal Agreement. Narrative The new ILA is intended to be effective on January 1, 2026. The current WRIA 8 ILA has served partner governments well and no major changes have been identified to the purpose, structure, or function of the Salmon Recovery Council or Management Committee. Therefore, the proposed draft ILA largely reflects clerical edits and reorganization to improve clarity, reflect current practice, and make the ILA more concise. A summary of more significant changes is in the table of attachment (3). The ILA review process and schedule (in attachment 3) identifies major milestones for renewing the ILA by December 31, 2025. The renewed ILA will be effective by January 1, 2026, or when at least 9 jurisdictions representing at least 70% of the population of WRIA 8 have signed the ILA. Attachments: WRIA 8 ILA_renewal_FINAL_January2025 WRIA 8_ILACostShare_2025_FINAL_simple 6_Memo_Interlocal_Agreement_approval_Nov2024 ILA_10_year_Chinook_pop_factsheet_Feb2025 add 10.3 Packet Pg. 660 1 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 INTERLOCAL AGREEMENT For Chinook Salmon Conservation Planning for the Watershed Basins within Water Resource Inventory Area 8 PREAMBLE THIS AGREEMENT ("Agreement") is entered into pursuant to Chapter 39.34 Revised Code of Washington (RCW) by and among the eligible governments signing this agreement that are located in King and Snohomish Counties, lying wholly or partially within the management area of the Lake Washington/Cedar/Sammamish Watershed or Watershed Resource Inventory Area ("WRIA") 8, which includes all or portions of the Lake Washington , Cedar River, and Sammamish River basins, all political subdivisions of the State of Washington (individually for those signing this Agreement, “party”, and collectively “parties”). WHEREAS, the parties share interests in and responsibility for addressing long -term watershed planning and conservation of the aquatic ecosystems and floodplains for purposes of implementing the WRIA 8 Chinook Salmon Conservation Plan (“WRIA 8 Plan”) and improving watershed health for the watershed basins in WRIA 8 and wish to provide for funding and implementation of various activities and projects therein; and WHEREAS, Puget Sound Chinook salmon, including the WRIA 8 Cedar and Sammamish populations, were listed as threatened under the Endangered Species Act (ESA) in 1999 and steelhead trout were listed as threatened under ESA in 2007; and WHEREAS, the parties recognize their participation in th is Agreement demonstrates their commitment to proactively working to address the ESA listing of Chinook salmon; and WHEREAS, the parties recognize achieving WRIA 8 salmon recovery and watershed health goals requires a recommitment to, and acceleration of, the collaborative implementation and funding of salmon recovery and watershed conservation actions, and WHEREAS, the parties have executed Interlocal Agreement for the years 2001-2005 to develop the WRIA 8 Plan, contributed to the federally-approved Puget Sound Salmon Recovery Plan, and desire to continue providing efficient participation in the implementation of such plans; and WHEREAS, the parties took formal action in 2005 to ratify the WRIA 8 Plan, and WHEREAS, the parties have executed the 2001-2005 Interlocal Agreement, and extensions for the years 2007-2015 and 2016-2025 to implement the WRIA 8 Plan and improve watershed health; and WHEREAS, the parties seek information on watershed conditions and salmon conservation and recovery needs to inform local decision-making bodies regarding actions in response to listings under the ESA; and WHEREAS, the parties have participated for 20 years in prioritizing and contributing resources and funds for implementing projects and programs to protect and restore salmon habitat and watershed health; and 10.3.a Packet Pg. 661 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 2 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 WHEREAS, the parties wish to monitor and evaluate implementation of the WRIA 8 Plan through adaptive management; and WHEREAS, the parties wish to continue to identify, coordinate, and implement habitat, water quality, flood hazard reduction, and water quantity projects in the watersheds; and WHEREAS, the parties recognize climate change is likely to affect watershed ecosystem function and processes, and salmon habitat restoration actions are a proactive approach to making the watershed ecosystem more resilient to changing conditions, which supports watershed health for human communities and salmon populations; and WHEREAS, the parties have an interest in participating on the Puget Sound Salmon Recovery Council and other groups associated with Puget Sound recovery because of the contributions of the Lake Washington/Cedar/Sammamish Watershed to the overall health of Puget Sound and to collectively seek funding to implement the WRIA 8 Plan; and WHEREAS, the parties have an interest in participating on the Washington Salmon Coalition and other groups associated with the Salmon Recovery Funding Board to collectively seek funding to implement the WRIA 8 Plan; and WHEREAS, the parties have an interest in supporting implementation of the Puget Sound Partnership Action Agenda to restore the health of Puget Sound as it relates to salmon recovery and WRIA 8 priorities; and WHEREAS, the parties recognize the importance of efforts to protect and restore habitat for multiple species in WRIA 8, including Lake Sammamish kokanee, and will seek opportunities to partner and coordinate Chinook recovery efforts with these other efforts where there are overlapping priorities and benefits; and WHEREAS, the parties have an interest in achieving multiple benefits by integrating salmon recovery planning and actions with other regional efforts, including floodplain management, stormwater management, water quality improvement, etc.; and WHEREAS, the parties recognize that identification of watershed issues, and implementation of salmon conservation and recovery actions may be carried out more efficiently if done cooperatively than if carried out separately and independently; NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants contained herein, the parties hereto do mutually covenant and agree as follows: 10.3.a Packet Pg. 662 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 3 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 MUTUAL COVENANTS AND AGREEMENTS 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning provided for below: 1.1. ELIGIBLE GOVERNMENTS: The governments eligible for participation in this Agreement as parties are state, local, and federally recognized Indian tribal governments, state and local agencies, and special purpose districts within WRIA 8 boundary. 1.2. WRIA 8 ILA Parties: The Parties to the WRIA 8 Interlocal Agreement (“Party” or “Parties”) are the Eligible Governments who sign this Agreement and are responsible for implementing this Agreement. The Parties to this ILA shall each designate a representative and alternate representative to the WRIA 8 Salmon Recovery Council. 1.3. WRIA 8 SALMON RECOVERY COUNCIL: The WRIA 8 Salmon Recovery Council created herein is the governing body responsible for implementing this Agreement and is comprised of Party representatives and Stakeholders . The WRIA 8 Salmon Recovery Council is a voluntary association of Eligible Governments located wholly or partially within the management area of WRIA 8. The WRIA 8 Salmon Recovery Council shall be responsible for making recommendations for implementing the WRIA 8 Plan to the Parties. 1.4. LAKE WASHINGTON/CEDAR/SAMMAMISH WATERSHED (WRIA 8) CHINOOK SALMON CONSERVATION PLAN: The WRIA 8 Chinook Salmon Conservation Plan (WRIA 8 Plan) as referred to herein is the three volume document, the 2017 update to the WRIA 8 Plan, and any subsequent updates adopted in accordance with the procedures provided for in Section 6 below, developed in partnership with Stakeholders and ratified by the Parties for the purposes of preserving, protecting, and restoring habitat with the intent to recover listed species, including sustainable, genetically diverse, harvestable populations of naturally spawning Chinook salmon. 1.4 MANAGEMENT COMMITTEE: Management Committee as referred to herein is chosen by Party representatives, according to the voting procedures in Section 5 herein, charged with certain oversight and administrative duties on behalf of the Parties as provided in Section 4.2. 1.5 SERVICE PROVIDER: Service Provider, as used herein, means that agency, government, consultant or other entity which supplies staffing or other resources to and for the WRIA 8 Salmon Recovery Council, in exchange for payment. The Service Provider may be a party to this Agreement. 1.6 FISCAL AGENT: The Fiscal Agent refers to that agency or government which performs all accounting services for the WRIA 8 Salmon Recovery Council, as it may require, in accordance with the requirements of Chapter 39.34 RCW. 10.3.a Packet Pg. 663 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 4 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 1.7 STAKEHOLDERS: Stakeholders refers to those public and private entities within WRIA 8 who reflect the diverse interests integral for planning, implementation, and adaptive management of the WRIA 8 Plan. 2. PURPOSES. The purposes of this Agreement include the following: 2.1 To provide a mechanism and governance structure for the implementation and adaptive management of the WRIA 8 Plan. 2.2 To share the cost of the WRIA 8 Service Provider team to coordinate and provide the services necessary for the successful implementation and management of the WRIA 8 Plan. The maximum financial or resource obligation of any participating eligible jurisdiction under this Agreement shall be limited to its share of the cost of the Service Provider staff and associated operating costs. 2.3 To provide a mechanism for securing technical assistance and funding from state agencies or other sources. 2.4 To provide a mechanism for the implementation of other multiple benefit habitat, water quality and floodplain management projects with local, regional, state, federal and non- profit funds as may be contributed to or secured by the WRIA 8 Salmon Recovery Council. 2.5 To annually recommend WRIA 8 salmon recovery programs and projects for funding by the King County Flood Control District through the District’s Cooperative Watershed Management grant program. 2.6 To serve as the salmon recovery “Lead Entity” as designated by state law (Chapter 77.85 RCW) for WRIA 8. The Lead Entity is responsible for developing a salmon recovery strategy, working with project sponsors to develop projects, convening local technical and citizen committees to annually recommend WRIA 8 salmon habitat restoration and protection projects for funding by the State of Washington Salmon Recovery Funding Board, and representing WRIA 8 in Puget Sound region and statewide salmon recovery forums. 2.7 To provide a framework for cooperation and coordination among the parties on issues relating to the implementation of the WRIA 8 Plan and to meet the requirement or a commitment by any party to participate in WRIA-based or watershed basin planning in response to any state or federal law which may require such participation as a condition of any funding, permitting or other program of state or federal agencies, at the discretion of such party to this Agreement. 2.8 To develop and articulate WRIA-based positions on salmon habitat, conservation, and funding to state and federal legislators. 2.9 To provide for the ongoing participation of residents and other Stakeholders in salmon recovery and other watershed efforts and to ensure continued public outreach efforts to 10.3.a Packet Pg. 664 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 5 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 educate and garner support for current and future watershed and ESA listed species response efforts in accordance with the WRIA 8 Plan. 2.10 To provide information for parties to use to inform land use planning, regulations, and outreach and education programs. 2.11 To provide a mechanism for on-going monitoring and adaptive management of the WRIA 8 Plan as defined in the Plan. It is not the purpose or intent of this Agreement to create, supplant, preempt, or supersede the authority or role of any individual jurisdiction or water quality policy bodies such as the Regional Water Quality Committee. 3. EFFECTIVE DATE AND TERM. This Agreement shall become effective on execution by at least nine (9) of the Eligible Governments representing at least seventy percent (70%) of the affected population, as authorized by each Parties’’ legislative body, and further provided that after such signatures this Agreement has been filed by King County and Snohomish County in accordance with the terms of RCW 39.34.040 and 200. Once effective, this Agreement shall remain in effect through December 31, 2035; provided, however, that this Agreement may be extended for such additional terms as the parties may agree to in writing, with such extension being effective upon its execution by at least nine (9) of the Eligible Governments representing at least seventy percent (70%) of the affected population of WRIA 8. 4. ORGANIZATION AND MEMBERSHIP. The parties hereby establish WRIA 8 Salmon Recovery Council to serve as the formal governance structure for carrying out the purposes of this Agreement in collaboration with Stakeholders. 4.1 Each Party shall appoint one (1) elected official and one (1) alternate to serve as its representative on the WRIA 8 Salmon Recovery Council. The alternate representative may be a different elected official or senior staff person. Party representatives shall be responsible for maintaining the Party’s status as an active party by attending WRIA 8 Salmon Recovery Council meetings. A Party representative’s position will be considered inactive on the third consecutive absence and shall not be included in calculating a quorum under Section 5.1. Stakeholders shall be appointed or removed by Party representatives using the voting provisions of Section 5.3 of this Agreement. 4.2 Upon the effective execution of this agreement and the appointment of representatives to the WRIA 8 Salmon Recovery Council, the WRIA 8 Salmon Recovery Council shall meet and choose from among the Party representatives, according to the voting provisions of Section 5, at least five (5) elected officials or their designees, to serve as a Management Committee to oversee and direct the scope of work, funds, and personnel agreed to and contributed under this Agreement, in accordance with the adopted annual budget, work program, and such other directions as may be provided by the WRIA 8 Salmon Recovery Council. Representatives of the Fiscal Agent and Service Provider 10.3.a Packet Pg. 665 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 6 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 may serve as non-voting ex officio members of the Management Committee. The Management Committee shall act as an executive subcommittee of the WRIA 8 Salmon Recovery Council, responsible for oversight and evaluation of any Service Providers or consultants, administration of the budget and work program, and for providing recommendations on administrative matters to the WRIA 8 Salmon Recovery Council for action, consistent with the other subsections of this section. 4.3 The Service Provider to the WRIA 8 Salmon Recovery Council for the term of this agreement shall be King County Department of Natural Resources and Parks, unless the Parties, pursuant to the voting provisions of Section 5, choose another primary Service Provider. The Management Committee shall prepare a Memorandum of Understanding to be signed by an authorized representative of the Service Provider and an authorized representative of WRIA 8 Salmon Recovery Council, which shall set out the expectations for services to be provided. Services should include, without limitation, identification of, and job descriptions for, dedicated staff, description of any supervisory role retained by the Service Provider over any staff performing services under this Agreement, and a method of regular consultation between the Service Provider and the Management Committee concerning the performance of services hereunder. 4.3.1 The Management Committee shall make recommendations to the WRIA 8 Salmon Recovery Council for action, including decisions related to work program, staffing and service agreements, and budget and financial operations, annually for each year of this Agreement. All duties of the Management Committee shall be established by the WRIA 8 Salmon Recovery Council. 4.4 By October 1 of each year, the WRIA 8 Salmon Recovery Council shall develop and approve an annual budget, establishing the level of funding and total resource obligations of the Parties which are to be allocated on a proportional basis according to the average of the population, assessed valuation and area attributable to each Parties, in accordance with the formula set forth in Exhibit A, which formula shall be updated every third year by the WRIA 8 Salmon Recovery Council. Individual cost shares may change more frequently than every three years for Parties involved in an annexation that changes the area, population, and assessed value calculation of such party to the extent that the cost shares established by the formula set forth in Exhibit A would be changed by such annexation. For parties that are not county or city governments, the level of funding and resource obligation will be determined in communications with the Management Committee, which will develop a recommendation for review and approval by the WRIA 8 Salmon Recovery Council. 4.5 Party representatives of the WRIA 8 Salmon Recovery Council shall oversee and administer the expenditure of budgeted funds and allocate resources contributed by each 10.3.a Packet Pg. 666 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 7 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Party or obtained from other sources in accordance with implementation and adaptive management of the WRIA 8 Plan during each year of this Agreement. 4.6 The WRIA 8 Salmon Recovery Council shall review and evaluate the duties to be assigned to the Management Committee hereunder and the performance of the Fiscal Agent and Service Provider to this Agreement and provide for whatever actions deemed appropriate and necessary to ensure that quality services are efficiently, effectively, and responsibly delivered in the performance of the purposes of this Agreement. The performance of the Service Provider and Fiscal Agent shall be assessed every two years starting in 2027. In evaluating the performance of any Service Provider, the WRIA 8 Salmon Recovery Council may retain an outside consultant to perform a professional assessment of the work and services so provided. 4.7 The WRIA 8 Salmon Recovery Council through the primary Service Provider may contract with similar watershed forum governing bodies or any other entities for any lawful purpose related hereto, including specific functions and tasks which are initiated and led by another party to this Agreement beyond the services provided by the primary Service Provider. The Parties may choose to create a separate legal or administrative entity under applicable state law, including without limitation a nonprofit corporation or general partnership, to accept private gifts, grants or financial contributions, or for any other lawful purposes. Nothing in this Agreement shall be construed as creating a separate legal or administrative entity. The Parties acknowledge neither the WRIA 8 Salmon Recovery Council nor the Management Committee is a separate legal entity. 4.8 The WRIA 8 Salmon Recovery Council shall adopt operating and voting procedures for its deliberations, but such procedures shall not affect the voting provisions contained in Section 5. The WRIA 8 Salmon Recovery Council shall also adopt other rules and procedures that are consistent with its purposes as stated herein and are necessary for its operation. 5. VOTING. The Parties on the WRIA 8 Salmon Recovery Council shall make decisions; approve scopes of work, budgets, priorities and any other actions necessary to carry out the purposes of this Agreement as follows: 5.1 Decisions shall be made using a consensus model as much as possible. Each Party agrees to use its best efforts and exercise good faith in consensus decision -making. Consensus may be reached by unanimous agreement of the Parties at the meeting, or by a majority recommendation agreed upon by the active Parties, as specified in Section 4.1, with a minority report. Any Party who does not accept a majority decision may request weighted voting as set forth below. No action or binding decision will be taken by the WRIA 8 Salmon Recovery Council without the presence of a quorum of active Parties. A quorum exists if a majority of the active Parties’ representatives are present 10.3.a Packet Pg. 667 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 8 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 at the WRIA 8 Salmon Recovery Council meeting, provided that positions left vacant on the WRIA 8 Salmon Recovery Council by Parties shall not be included in calculating the quorum. 5.2 In the event consensus cannot be achieved, as determined by rules and procedures adopted by the WRIA 8 Salmon Recovery Council, the WRIA 8 Salmon Recovery Council shall take action on a dual-majority basis, as follows: 5.2.1 Each Party, through its appointed representative, may cast its weighted vote in connection with a proposed WRIA 8 Salmon Recovery Council action. 5.2.2 The weighted vote of each Party in relation to the weighted votes of each of the other WRIA 8 ILA Parties shall be determined by the percentage of the annual contribution by each Party set in accordance with Subsection 4.4 in the year in which the vote is taken. 5.2.3 For any action subject to weighted voting to be deemed approved, an affirmative vote must be cast by both a majority of the active Parties and by a majority of the weighted votes of the active Parties. A vote of abstention shall be recorded as a “no” vote. 5.3 The WRIA 8 Salmon Recovery Council may deem it appropriate to appoint to the WRIA 8 Salmon Recovery Council non-party Stakeholder. 5.3.1 Nomination of Stakeholder may be made by any Party representative to the WRIA 8 Salmon Recovery Council. Appointment to the WRIA 8 Salmon Recovery Council of a Stakeholder requires either consensus or a dual majority vote of the Parties as provided in Section 5.2. 5.3.2 Party representatives on the WRIA 8 Salmon Recovery Council may deem it appropriate to allow Stakeholders to vote on particular WRIA 8 Salmon Recovery Council decisions. The WRIA 8 Salmon Recovery Council may determine which issues are appropriate for non-party voting by either consensus or majority as provided in Section 5.1, except in the case where legislation requires non-party member votes. Stakeholders shall not cast a vote for decisions subject to voting under Section 5.2. 5.3.3 Decisions of the entire WRIA 8 Salmon Recovery Council shall be made using a consensus model as much as possible. Voting of the entire WRIA 8 Salmon Recovery Council will be determined by consensus or majority as provided in Section 5.1. 5.3.4 By accepting appointment to the WRIA 8 Salmon Recovery Council, Stakeholders agree to follow the operating and voting procedures established by Section 4.8 and shall not distribute any version or amendment to the WRIA 8 Plan which has not been ratified consistent with Section 6.5. 10.3.a Packet Pg. 668 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 9 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 6. IMPLEMENTATION and ADAPTIVE MANAGEMENT OF THE WRIA 8 CHINOOK SALMON CONSERVATION PLAN. The WRIA 8 Plan shall be implemented consistent with the following: 6.1 The WRIA 8 Salmon Recovery Council shall provide information to the Parties regarding progress in achieving the goals and objectives of the WRIA 8 Plan. Recommendations of the WRIA 8 Salmon Recovery Council are to be consistent with the purposes of this Agreement. The WRIA 8 Salmon Recovery Council may authorize additional advisory bodies on priority topics such as subcommittees and work groups. 6.2 The WRIA 8 Salmon Recovery Council shall act to approve or remand any WRIA 8 Plan amendments prepared and recommended by the committees of the WRIA 8 Salmon Recovery Council within ninety (90) calendar days of receipt of the plan amendments, according to the voting procedures described in Section 5. In the event any amendments are not so approved, they shall be returned to the committees of the WRIA 8 Salmon Recovery Council for further consideration and amendment and thereafter returned to the WRIA 8 Salmon Recovery Council for decision. 6.3 After approval of the WRIA 8 Plan amendments by the WRIA 8 Salmon Recovery Council, the plan amendments shall be referred to the Parties for ratification prior to the submission to any federal or state agency for further action. Ratification means an affirmative action, evidenced by a resolution, motion, or ordinance of the jurisdiction’s legislative body, by at least nine (9) jurisdictions within WRIA 8 representing at least seventy per cent (70%) of the total population of WRIA 8. Upon ratification, the WRIA 8 Salmon Recovery Council shall transmit the updated WRIA 8 Plan to any state or federal agency as may be required for further action. 6.4 In the event that any state or federal agency to which the WRIA 8 Plan or amendments thereto are submitted shall remand the WRIA 8 Plan or amendments thereto for further consideration, the WRIA 8 Salmon Recovery Council shall conduct such further consideration and may refer the plan or amendments to the committees of the WRIA 8 Salmon Recovery Council for recommendation on amendments thereto. 6.5 The Parties agree that any amendments to the WRIA 8 Plan shall not be forwarded separately by any Party or Stakeholder to any regional, state, or federal agency unless the changes have been approved and ratified as provided herein. 7. OBLIGATIONS OF PARTIES; BUDGET; FISCAL AGENT; RULES. 7.1 Each Party shall be responsible for meeting its individual financial obligations hereunder as described in Section 2.2 and established in the annual budget adopted by the WRIA 8 Salmon Recovery Council under this Agreement and described in Section 4.4. 10.3.a Packet Pg. 669 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 10 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 7.2 The maximum funding responsibilities imposed upon the Party during each year of this Agreement shall not exceed the amounts that are established annually pursuant to Section 4.4 herein. 7.3 No later than October 1 of each year of this Agreement, the WRIA 8 Salmon Recovery Council shall adopt a budget, including its overhead and administrative costs, for the following calendar year. The budget shall propose the level of funding and other responsibilities (e.g., staffing) of the individual Parties for the following calendar year and shall propose the levels of funding and resources to be allocated to specific prioritized planning and implementation activities within WRIA 8. The Parties shall thereafter take whatever separate legislative or other actions that may be necessary to timely address such individual responsibilities under the proposed budget and shall have done so no later than December 1 of each such year. 7.4 Funds collected from the Parties or other sources on behalf of the WRIA 8 Salmon Recovery Council shall be maintained in a special fund by King County as Fiscal Agent and as ex officio treasurer on behalf of the WRIA 8 Salmon Recovery Council pursuant to rules and procedures established and agreed to by the WRIA 8 Salmon Recovery Council. Such rules and procedures shall set out billing practices and collection procedures and any other procedures as may be necessary to provide for its efficient administration and operation. 7.5 Any Party to this Agreement may inspect and review all records maintained in connection with such fund at any reasonable time. 8. LATECOMERS. Any Eligible Government may become a Party only with the written consent of all the Parties. The provisions of Section 5 otherwise governing decisions of the WRIA 8 Salmon Recovery Council shall not apply to this section. The WRIA 8 Salmon Recovery Council and the Eligible Government seeking to become a party shall jointly determine the terms and conditions under which the Eligible Government may become a Party. The terms and conditions shall include payment of an amount by the new Party to the Fiscal Agent. The amount of payment is determined jointly by the WRIA 8 Salmon Recovery Council and the new Party. The payment of the new Party is to be a fair and proportionate share of all costs associated with activities undertaken by the WRIA 8 Salmon Recovery Council and the Parties on its behalf as of the date the Eligible Government becomes a Party. Any Eligible Government that becomes a Party pursuant to this section shall thereby assume the general rights and responsibilities of all other Parties to this Agreement. 9. TERMINATION. 9.1 Termination can only occur on an annual basis, beginning on January 1 of each calendar year, and then only if the terminating Party, through action of its governing body, provides at least sixty (60) days’ prior written notice of its intent to terminate. The 10.3.a Packet Pg. 670 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 11 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 terminating Party shall remain fully responsible for meeting all of its funding and other obligations through the end of the calendar year in which such notice is given, together with any other costs that may have been incurred on behalf of such terminating Party up to the effective date of such termination. It is possible that the makeup of the Parties to this Agreement may change from time to time. Regardless of any such changes, the Parties choosing not to exercise the right of termination shall each re main obligated to meet their respective share of the obligations of the WRIA 8 Salmon Recovery Council as reflected in the annual budget. The shares of any terminating Party shall not be the obligation of any of the Parties not choosing to exercise the right of termination. 9.2 This Agreement may be terminated at any time by the written agreement of all Parties. In the event this Agreement is terminated all unexpended funds shall be refunded to the parties pro rata based on each Party’s cost share percentage of the total budgeted funds and any real or personal property acquired to carry out the purposes of this Agreement shall be returned to the contributing party if such Party can be identified, and if the party cannot be identified, the property shall be disposed of and the proceeds distributed pro rata as described above for unexpended funds. 10. PROPERTY: The Parties do not contemplate a need to acquire or hold property to facilitate the purpose of this agreement. To the extent property is acquired on behalf of the WRIA 8 Salmon Recovery Council, the ownership of said property shall be retained by the purchasing Party and said property will be returned to the purchasing Party upon termination of the agreement and/or the purchasing Party’s participation in the agreement. 11. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by federal law as governing to tribes and state law as to all other Parties, and for the limited purposes set forth in this agreement, each Party shall protect, defend, hold harmless and indemnify the other Parties, their officers, elected officials, agents and employees, while acting within the scope of their employment as such, from and against any and all claims (including demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever) arising out of or in any way resulting from such Party’s own negligent acts or omissions related to such Party’s participation and obligations under this Agreement. Each Party’s agrees that its obligations under this subsection extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Parties only, any immunity that would otherwise be available against such claims under the industrial insurance act provisions of Title 51 RCW. The provisions of this section shall survive and continue to be applicable to parties exercising the right of termination pursuant to Section 9. 12. NO ASSUMPTION OF LIABILITY. In no event do the Parties to this Agreement intend to assume any responsibility, risk or liability of any other Party to this Agreement or otherwise with 10.3.a Packet Pg. 671 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 12 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 regard to any Party’s duties, responsibilities or liabilities under the Endangered Species Act, or any other act, statute or regulation of any local municipality or government, the State of Washington or the United States. 13. VOLUNTARY AGREEMENT. This agreement is voluntary and it is acknowledged and agreed that, in entering into this Agreement, no Party is committing to adopt or implement any actions or recommendations that may be contained in the WRIA 8 Plan pursuant to this Agreement. 14. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or more of the Parties to this Agreement from choosing or agreeing to fund or implement any work, activities or projects associated with any of the purposes hereunder by separate agreement or action, provided that any such decision or agreement shall not impose any funding, part icipation or other obligation of any kind on any party to this Agreement which is not a Party to such decision or agreement. 15. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be construed to, create any rights in any third party, including without limitation the non-party members, National Marine Fisheries Service, United States Fish and Wildlife Service, any agency or department of the United States, or the State of Washington, or to form the basis for any liability on the part of the WRIA 8 Salmon Recovery Council or any of the Parties, or their officers, elected officials, agents and employees, to any third party. 16. AMENDMENTS. This Agreement may be amended, altered, or clarified only by the unanimous consent of the Parties to this Agreement, represented by affirmative action by each Party’s legislative body. 17. COUNTERPARTS. This Agreement may be executed in counterparts. 18. APPROVAL BY PARTIES' GOVERNING BODIES. The governing body of each Party must approve this Agreement before any representative of such Party may sign this Agreement. 19. FILING OF AGREEMENT. This Agreement shall be filed by King County and Snohomish County in accordance with the provisions of RCW 39.34.040 and .200 and with the terms of Section 3 herein. 20. PREVIOUS INTERLOCAL. This Agreement shall repeal and replace the Parties’ previous interlocal agreement, which was expected to terminate on December 31, 202 5, and was adopted on or about July 16, 2015. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates indicated below: 10.3.a Packet Pg. 672 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 13 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: TOWN OF BEAUX ARTS VILLAGE: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 673 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 14 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF BELLEVUE: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 674 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 15 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF BOTHELL: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 675 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 16 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF CLYDE HILL: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 676 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 17 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF EDMONDS: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 677 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 18 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF EVERETT: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 678 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 19 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: TOWN OF HUNTS POINT: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 679 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 20 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF ISSAQUAH: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 680 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 21 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF KENMORE: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 681 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 22 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF KENT: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 682 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 23 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: KING COUNTY: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 683 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 24 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF KIRKLAND: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 684 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 25 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF LAKE FOREST PARK: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 685 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 26 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF MAPLE VALLEY: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 686 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 27 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF MEDINA: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 687 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 28 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF MERCER ISLAND: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 688 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 29 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF MILL CREEK: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 689 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 30 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF MOUNTLAKE TERRACE: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 690 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 31 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF MUKILTEO: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 691 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 32 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF NEWCASTLE: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 692 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 33 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF REDMOND: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 693 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 34 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF RENTON: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 694 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 35 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF SAMMAMISH: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 695 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 36 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF SEATTLE: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 696 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 37 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF SHORELINE: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 697 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 38 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: SNOHOMISH COUNTY: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 698 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 39 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: CITY OF WOODINVILLE: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 699 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 40 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: TOWN OF WOODWAY: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 700 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) 41 FINAL WRIA 8 Interlocal Agreement 2026-2035 January 2025 Approved as to form: TOWN OF YARROW POINT: By: ____________________ By: ______________________ Title: ____________________ Title: ______________________ Date: ____________________ Date: ______________________ 10.3.a Packet Pg. 701 At t a c h m e n t : W R I A 8 I L A _ r e n e w a l _ F I N A L _ J a n u a r y 2 0 2 5 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) Exhibit A - WRIA 8 Interlocal Agreement Regional Watershed Salmon Recovery Funding WRIA 8 Jurisdiction Population (Pop)Assessed Value (AV)Area (Sq. Mi.) WRIA 8 Jurisdiction Beaux Arts 315 0.02%$285,891,000 0.04%0.08 0.02%0.03%$193 Beaux Arts Bellevue 154,600 8.91%$96,339,979,101 13.67%33.53 7.12%9.90%$75,283 Bellevue Bothell 49,550 2.85%$17,957,876,264 2.55%13.67 2.90%2.77%$21,054 Bothell Clyde Hill 3,115 0.18%$4,389,953,700 0.62%1.06 0.22%0.34%$2,603 Clyde Hill Edmonds 43,370 2.50%$16,549,900,400 2.35%8.97 1.91%2.25%$17,118 Edmonds Everett 33,485 1.93%$6,381,442,800 0.91%5.20 1.11%1.31%$9,986 Everett Hunts Point 460 0.03%$1,783,212,000 0.25%0.29 0.06%0.11%$866 Hunts Point Issaquah 41,290 2.38%$17,493,815,787 2.48%12.11 2.57%2.48%$18,843 Issaquah Kenmore 24,230 1.40%$7,459,653,182 1.06%6.15 1.31%1.25%$9,533 Kenmore Kent 0 0.00%$12,761,000 0.00%0.45 0.10%0.03%$246 Kent King County (Uninc.)102,707 5.92%$35,458,579,530 5.03%163.04 34.65%15.20%$115,568 King County (Uninc.) Kirkland 96,920 5.58%$45,311,849,550 6.43%17.84 3.79%5.27%$40,057 Kirkland Lake Forest Park 13,660 0.79%$4,237,895,040 0.60%3.51 0.75%0.71%$5,409 Lake Forest Park Maple Valley 5,022 0.29%$1,155,422,680 0.16%0.94 0.20%0.22%$1,654 Maple Valley Medina 2,925 0.17%$6,866,863,700 0.97%1.41 0.30%0.48%$3,657 Medina Mercer Island 25,800 1.49%$21,056,678,532 2.99%6.30 1.34%1.94%$14,732 Mercer Island Mill Creek 21,630 1.25%$6,848,308,200 0.97%4.68 0.99%1.07%$8,143 Mill Creek Mountlake Terrace 23,810 1.37%$5,911,042,400 0.84%4.16 0.88%1.03%$7,844 Mountlake Terrace Mukilteo 21,221 1.22%$7,572,645,200 1.07%5.99 1.27%1.19%$9,046 Mukilteo Newcastle 13,610 0.78%$5,376,208,083 0.76%4.46 0.95%0.83%$6,324 Newcastle Redmond 77,490 4.46%$36,605,924,250 5.19%16.56 3.52%4.39%$33,399 Redmond Renton 70,904 4.08%$18,024,891,468 2.56%14.01 2.98%3.21%$24,382 Renton Sammamish 61,452 3.54%$26,240,200,285 3.72%19.09 4.06%3.77%$28,694 Sammamish Seattle 556,865 32.08%$233,153,890,428 33.09%53.00 11.26%25.48%$193,716 Seattle Shoreline 61,120 3.52%$16,722,153,900 2.37%11.58 2.46%2.79%$21,179 Shoreline Sno. Co. (Uninc.)213,926 12.32%$55,882,188,800 7.93%55.38 11.77%10.67%$81,163 Snoh. Co. (Uninc.) Woodinville 13,830 0.80%$6,429,716,438 0.91%5.66 1.20%0.97%$7,379 Woodinville Woodway 1,340 0.08%$1,112,962,100 0.16%1.09 0.23%0.16%$1,186 Woodway Yarrow Point 1,135 0.07%$2,075,804,200 0.29%0.36 0.08%0.15%$1,108 Yarrow Point Totals 1,735,781 100.0%$704,697,710,018 100.0%470.56 100.0%100.0%$760,366 2025 TOTAL $760,366 Population: • Population estimates are based on 2023 OFM April 1st Estimates and 2023 OFM Small Area Estimate Program (SAEP) data for census blocks. • The portion of Kent in WRIA 8 is solely the Kent Watershed and has no population allocated to it. *Assessed Value & Area: King County: Assessed value is based on King County Assessor’s data February 2021, land + improvements value Assessed value and area (sq. miles) excludes the Upper Cedar River subwatershed. • Jurisdictions entirely within a WRIA are assigned the 2023 OFM April 1st Estimate directly. Jurisdictions that straddle WRIA boundaries are assigned the percent share of the 2023 OFM April 1st Estimate based on a geographic allocation of census blocks across WRIA boundaries, accounting for water areas and public land where people are unlikely to live. Note: This method was tested against the 2021 ILA Cost Share tables using 2020 OFM data and was determined to be highly comparable for estimating population breakdowns. As OFM releases data every year, and the data spans both King and Snohomish Counties, this is a consistent and repeatable analysis across the entire study area. Final ILA Partner Cost Share for 2025 Budget WRIA Based Cost-share: WRIA 8 2025 Snohomish County: Assessed value is based on Snohomish County Assessor’s data March 2021, for market land value + market improvements value Approved by WRIA 8 Salmon Recovery Council on September 19, 2024 2025 Cost Share (reflects 3.60% CPI-W estimate) (Average of Pop, AV, Area) WRIA 8_ILACostShare_2025_FINAL 10.3.b Packet Pg. 702 At t a c h m e n t : W R I A 8 _ I L A C o s t S h a r e _ 2 0 2 5 _ F I N A L _ s i m p l e ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) WRIA 8 Salmon Recovery Council Interlocal Agreement Renewal (2026-2035) January 16, 2025 Decision The SRC should consider approval of the proposed final draft WRIA 8 Interlocal Agreement. Background The current WRIA 8 Interlocal Agreement (ILA) between the 29 local government partners expires December 31, 2025. The ILA provides a mechanism and governance structure for the joint funding, planning, and implementation of priority salmon recovery projects and programs. The ILA and the memorandum of understanding between King County as WRIA 8 service provider and the Salmon Recovery Council (SRC) need to be renewed to continue the WRIA 8 salmon recovery effort. Between July and November, WRIA 8 ILA partners worked with WRIA 8 staff and the King County Prosecuting Attorney’s Office to develop final draft language for a renewed ILA for approval by the WRIA 8 Salmon Recovery Council at the November 2024, and ratification by all ILA partners by the end of 2025. The new ILA is intended to be effective on January 1, 2026. The current WRIA 8 ILA has served partner governments well and no major changes have been identified to the purpose, structure, or function of the Salmon Recovery Council or Management Committee. Therefore, the proposed draft ILA largely reflects clerical edits and reorganization to improve clarity, reflect current practice, and make the ILA more concise. A summary of more significant changes is in the table on page 3. The ILA review process and schedule below identifies major milestones for renewing the ILA by December 31, 2025. The renewed ILA will be effective by January 1, 2026, or when at least 9 jurisdictions representing at least 70% of the population of WRIA 8 have signed the ILA. ILA Review and Process ✓ May-June 2024: WRIA 8 staff work with King County Prosecuting Attorney’s Office to develop draft ILA language. ✓ July 2024: o ILA Renewal ‘kickoff’ with initial review of draft language by WRIA 8 Implementation and Technical Committee and Salmon Recovery Council. o Send draft ILA to WRIA 8 ILA partner governments to request formal review and identify appropriate point of contact. 10.3.c Packet Pg. 703 At t a c h m e n t : 6 _ M e m o _ I n t e r l o c a l _ A g r e e m e n t _ a p p r o v a l _ N o v 2 0 2 4 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) ✓ September – December 2024: o Host virtual meeting with interested partner attorneys to review and discuss draft ILA. o Update Salmon Recovery Council and Implementation Technical Committee on review feedback. January 16, 2025: Salmon Recovery Council approves ILA. January – November 2025: o Final ILA available for partner governments to sign. o ILA partner governments ratify the ILA. December 2025 (or earlier): o Final ILA is ratified and signed by all partner governments or the minimum required number of partners for ILA to be in effect (at least nine partner governments representing at least 70% of the affected population). 10.3.c Packet Pg. 704 At t a c h m e n t : 6 _ M e m o _ I n t e r l o c a l _ A g r e e m e n t _ a p p r o v a l _ N o v 2 0 2 4 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) WRIA 8 ILA Renewal – Summary of Proposed Changes July 2024 Proposed Change Document Reference Notes/Considerations Added to “Whereas” statement on page 2 to include “stormwater management” and “water quality improvement” to the example regional efforts that ILA parties are interested in integrating with salmon recovery actions. Preamble (p.2), second to last “Whereas” statement • Recognizes the interest in seeking multiple benefits of salmon recovery actions with other closely aligned regional efforts. Explicitly define the eligible ILA partners to include state, local, and tribal governments, agencies, and special purpose districts within WRIA 8. Definitions – Eligible Jurisdictions (Section 1.1, p3) • Broadens potential ILA membership and coordination; • Salmon Recovery Council approves addition of any new ILA partners and the annual cost share for added partners; • May require changes to the proportional/ weighted voting rules in Section 5.1.2; • Could allow entities other than cities and counties more influence in WRIA 8 decisions. Replace reference to “citizens” with “residents” Throughout • More inclusive and better represents WRIA 8 outreach and engagement interests. Clarifies the ILA is in effect when it has been executed by at least nine of the eligible governments representing at least 70% of the affected population of the watershed, rather than on a specific date. Effective date and term (Section 3, p.5) • Clarifies when the ILA is in effect. 10.3.c Packet Pg. 705 At t a c h m e n t : 6 _ M e m o _ I n t e r l o c a l _ A g r e e m e n t _ a p p r o v a l _ N o v 2 0 2 4 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l Revises the due date for developing and approving an annual budget to October 1 (previously September 1) Organization and Membership (Section 4.4, p.7) Obligations of Parties; Budget; Fiscal Agent; Rules (Section 7.3, p.12) • Reflects current practice to approve the budget for the coming year at the Salmon Recovery Council’s September meeting. Changed sequence of evaluating service provider and fiscal agent performance to every two years instead of every three years. Organization and Membership (Section 4.6, p.8) • This reflects an appropriate evaluation sequence as discussed by WRIA 8, WRIA 9, and the Snoqualmie Watershed Forum staff in communication with King County. Added new Section 10, to address a requirement in RCW 39.34.030, regarding how any property acquired on behalf of the WRIA 8 Salmon Recovery Council will be dealt with upon termination of the agreement. Property (Section 10, p.15) • Addresses requirement in RCW 39.34.030 • The parties to the ILA have not, and do not anticipate, needing to acquire or hold property to fulfill the purpose of the ILA. 10.3.c Packet Pg. 706 At t a c h m e n t : 6 _ M e m o _ I n t e r l o c a l _ A g r e e m e n t _ a p p r o v a l _ N o v 2 0 2 4 ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l Cedar Population Adult Spawner Abundance 341*natural-origin Chinook salmon returned to the Cedar River mainstem to spawn in 2024. Only half of the total Cedar spawners were natural- origin in 2024 (53% in 2024; 73% average since 2004). Sammamish Population Adult Spawner Abundance 2,340*total Chinook salmon returned to the Sammamish basin to spawn in 2024. Most Sammamish spawners are hatchery-origin (93% in 2024; 88% average since 2004). *Annual escapement estimates from Washington Department of Fish and Wildlife. 2024 estimates are preliminary and subject to review. Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Status of Chinook in the Watershed WRIA 8 tracks the status and trends of the Cedar River and Sammamish River Chinook salmon populations. Cedar River Chinook are not meeting our adult abundance goal for wild, natural-origin spawners. However, in recent years Chinook returning to the Sammamish Basin consistently meet and exceed the abundance goal for total spawners. Most of the naturally spawning Sammamish Chinook are hatchery salmon. 2024 FACTSHEET 0 500 1000 1500 2000 20 0 4 20 0 5 20 0 6 20 0 7 20 0 8 20 0 9 20 1 0 20 1 1 20 1 2 20 1 3 20 1 4 20 1 5 20 1 6 20 1 7 20 1 8 20 1 9 20 2 0 20 2 1 20 2 2 20 2 3 20 2 4 2025 Abundance Goal 10-Year Average 0 500 1000 1500 2000 2500 3000 3500 20 0 4 20 0 5 20 0 6 20 0 7 20 0 8 20 0 9 20 1 0 20 1 1 20 1 2 20 1 3 20 1 4 20 1 5 20 1 6 20 1 7 20 1 8 20 1 9 20 2 0 20 2 1 20 2 2 20 2 3 20 2 4 2025 Abundance Goal 10-Year Average 10.3.d Packet Pg. 707 At t a c h m e n t : I L A _ 1 0 _ y e a r _ C h i n o o k _ p o p _ f a c t s h e e t _ F e b 2 0 2 5 a d d ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) Cedar Juvenile Abundance About 52,400*wild juvenile Chinook migrated down the Cedar River in 2024. While the abundance estimate is low and below average, nearly half (49%) of the juveniles were parr migrants, meeting the instream rearing goal for the first time since 2000. Bear Creek Juvenile Abundance About 11,300*wild juvenile Chinook migrated down Bear Creek in 2024. Nearly all (99%) were parr migrants. *Wild juvenile salmon abundance estimates from Washington Department of Fish and Wildlife. 2024 estimates are preliminary and subject to review. 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 2004 2014 2024 Lake Washington/Cedar/Sammamish Watershed (WRIA 8) 2024 FACTSHEET Status of Chinook in the Watershed The number of young Chinook migrating down the Cedar River and Bear Creek (offspring of the previous year’s spawning run) declined in 2024. Our goal is to increase the number and proportion of parr (late-season) outmigrants as an indicator of instream rearing capacity. Adult Chinook Return: Count at the Ballard Locks Each year WDFW and Muckleshoot Indian Tribe biologists count Lake Washington salmon as they enter freshwater at the Ballard Locks. 18,717 Chinook were counted at the Locks in 2024, the third highest count in 20 years. However, we have seen a growing discrepancy between salmon counted at the Locks and those making it to spawning grounds or the hatchery. 0 400,000 800,000 1,200,000 1,600,000 20 0 4 20 0 5 20 0 6 20 0 7 20 0 8 20 0 9 20 1 0 20 1 1 20 1 2 20 1 3 20 1 4 20 1 5 20 1 6 20 1 7 20 1 8 20 1 9 20 2 0 20 2 1 20 2 2 20 2 3 20 2 4 Trap Year Fry Parr 10-Year Average 0 25,000 50,000 75,000 20 0 4 20 0 5 20 0 6 20 0 7 20 0 8 20 0 9 20 1 0 20 1 1 20 1 2 20 1 3 20 1 4 20 1 5 20 1 6 20 1 7 20 1 8 20 1 9 20 2 0 20 2 1 20 2 2 20 2 3 20 2 4 Trap Year Fry Parr 10-Year Average 10.3.d Packet Pg. 708 At t a c h m e n t : I L A _ 1 0 _ y e a r _ C h i n o o k _ p o p _ f a c t s h e e t _ F e b 2 0 2 5 a d d ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) WRIA 8 Salmon Recovery Strategies •Provide adequate streamflow •Restore sediment processes necessary for key life stages •Restore natural marine shorelines •Reconnect backshore areas and pocket estuaries •Protect and restore marine water and sediment quality •Improve water quality •Integrate salmon recovery priorities into local and regional planning, regulations, and permitting •Continue existing and conduct new research, monitoring, and adaptive management on key issues •Increase awareness of and support for salmon recovery •Protect and restore floodplain connectivity •Protect and restore functional riparian vegetation •Protect and restore channel complexity •Restore shallow-water rearing and refuge habitat •Reconnect and enhance creek mouths •Protect and restore cold-water sources and reduce thermal barriers to migration •Improve juvenile and adult survival at the Ballard Locks •Reduce predation on juvenile migrants and lake-rearing fry •Remove or reduce impacts of overwater structures •Remove fish passage barriers •Protect and restore forest cover and headwater areas The Technical Committee identified 8 strategies (bolded) as the most important for reducing critical pressures on the highestpriority Chinook life stages. Lake Washington/Cedar/Sammamish Watershed (WRIA 8) 2024 FACTSHEET Science Foundation of the WRIA 8 Chinook Conservation Plan A set of clear strategies based on the best available science guides salmon recovery in WRIA 8. Implementation of strategies should result in measurable improvements in key habitat elements such as: floodplain connectivity, wood in rivers and streams, natural lake shorelines, and areas of cool water refuge. The Technical Committee identifies priority research and monitoring needed to address the greatest stresses and constraints on Chinook salmon and to support key life stages. Scientist conducts a snorkel survey of juvenile salmon. Key Constraints to Salmon Recovery in WRIA 8 •Lack of quality floodplain and side channel habitat for instream rearing and refuge. •Predation by native and non-native fish in lakes Washington and Sammamish and the Ship Canal, with impacts exacerbated by habitat degradation and artificial light at night. •Physical passage through the Ballard Locks and lethal and sublethal temperatures in the Ship Canal and Sammamish River during adult migration. 10.3.d Packet Pg. 709 At t a c h m e n t : I L A _ 1 0 _ y e a r _ C h i n o o k _ p o p _ f a c t s h e e t _ F e b 2 0 2 5 a d d ( W R I A 8 S a l m o n R e c o v e r y C o u n c i l I n t e r l o c a l A g r e e m e n t R e n e w a l ( 2 0 2 6 - 2 0 3 5 ) ) City Council Agenda Item Meeting Date: 05/27/2025 City Reorganization - City Administrator Creation Staff Lead: Jessica Neill Hoyson Department: Human Resources Preparer: Jessica Neill Hoyson Background/History As part of a reorganization of the city, the Mayor has proposed the addition of a City Administrator position. This was first presented to Council 3/25/25. This agenda item is intended to provide additional information on the current scope of work of the Mayor, why a City Administrator is needed, what the City Administrator will do, how other strong mayor cities address administration of the city, and proposed compensation/budget impact Staff Recommendation Review provided information Narrative HR will go over the information in the attached PowerPoint presentation at the City Council meeting. Attachments: City Administrator City Administrator Presentation (Final) 10.4 Packet Pg. 710 Click or tap here to enter text. Last Reviewed: Click or tap to enter a date. Last Revised: Click or tap to enter a date. City of EDMONDS Washington City Administrator Department: Mayor Pay Grade: NR-47 Bargaining Unit: Non-Represented FLSA Status: Exempt Revised Date: 03/10/2025 Reports To: Mayor FTE Equivalent: 1 POSITION PURPOSE: Under the direction of the Mayor, the incumbent is responsible for the efficient and economic administration of City government through effective management of available human, financial and material resources. The incumbent must possess experience managing growth and development within a large urban environment of an increasingly diverse community with a proven ability to work effectively with elected officials, civic and/or business leaders and senior management staff. Work is characterized by executive level work with the Mayor and City Council in the development of short and long-range goals and objectives for providing municipal services; to strategize with the Mayor on legislative priorities at the state and national level; to direct and motivate the Executive/Senior Management group in the development and implementation of programs to obtain results through the effective utilization of human, financial and material resources; to integrate interdepartmental activities as required; to report periodically on operations and recommendations for appropriate courses of action and improvements. The incumbent is required to exercise keen judgment, imagination and foresight in making administrative and management decisions and in meetings with state and federal administrative officials and legislators. Work is performed according to the policy directives of the Mayor and City Council and serves at the pleasure of the Mayor. This position is responsible for direct management the following Director positions: Public Works & Utilities Director, Planning & Development Director, Parks & Recreation Director. (This is a transitional organizational structure with the intent of eventually having all Director level positions report to the City Administrator). In addition, this position manages the City Public Records function and employees. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position-specific duties. 10.4.a Packet Pg. 711 At t a c h m e n t : C i t y A d m i n i s t r a t o r ( C i t y R e o r g a n i z a t i o n - C i t y A d m i n i s t r a t o r C r e a t i o n ) 2 of 4 JOB DESCRIPTION Click or tap here to enter text. Click or tap here to enter text. Last Reviewed: Click or tap to enter a date. Last Revised: Click or tap to enter a date.  Serves as the Mayor’s Chief of Staff; organizes, directs, and motivates the leadership team in a manner that will assure the accomplishment of city objectives; assists in the selection and performance evaluation of directors by the Mayor; makes recommendations to the Mayor on resolving management performance issues.  Assists the Mayor to ensure the effective administration of city government by coordinating programs among departments so that the most effective degree of unified action may be attained.  Recommends to the Mayor an effective organizational structure to assure continuity of managerial and specialized skills capable of accomplishing city government objectives, as well as the Mayor’s and Council’s goals.  Directs development of financial plans for the future and development of revenue projections and new revenue opportunities; ensures the financial soundness and integrity of the city to capably meet commitments and continue to provide the high quality of service to the community; ensures long-range economic and financial planning for the City of Edmonds to provide optimum expansion of facilities to meet growth requirements and projects; recommends expenditures for the City of Edmond’s biennial budget to provide a sound basis within which to operate and in order to control costs.  Under the Mayor’s direction, develops, recommends, and implements plans and policies to effectively attain long and short-range goals and objectives of the City of Edmonds.  Confers with the City Attorney to assure that city laws and ordinances are carried out; assures compliance with applicable federal, state and local laws, codes and regulations.  Facilitates an effective relationship with the Mayor and the City Council to ensure the establishment of objectives and the successful pursuit of their policy leadership role.  Assures that the City of Edmonds maintains a position of leadership through the effectiveness of its city government by keeping abreast of trends and developments in city management, ensuring that the basic needs of the public are anticipated and satisfied.  Coordinates intergovernmental activities with the Mayor, City Council, City officials, government agencies and the community; meets with state and federal administrative officials and legislators to present the City’s viewpoint on pending administrative or legislative actions relating to daily operations and long-range planning.  Maintains an awareness of significant developments and legislative actions affecting the City of Edmonds, apprises the Mayor, Council and appropriate department heads and facilitates timely and appropriate action; reports to the Mayor and City Council on operations and recommends appropriate courses of action and improvements.  Provides for public relations and community relations; plans and develops policies to contribute to the goodwill and support of the city government.  Develops and maintain collaborative relationships with other local city administrators/city managers.  Delivers presentations to community interest and civic groups to further understanding between the city administration and the public.  Ensures direction, control, and measurement of results necessary to planned growth while maintaining an efficient balance between the quality and cost of city government.  Participates in Boards and Commissions as necessary. Required Knowledge of:  Principles and practices of municipal administration, including program planning, direction, coordination, evaluation and technical city operations and functions 10.4.a Packet Pg. 712 At t a c h m e n t : C i t y A d m i n i s t r a t o r ( C i t y R e o r g a n i z a t i o n - C i t y A d m i n i s t r a t o r C r e a t i o n ) 3 of 4 JOB DESCRIPTION Click or tap here to enter text. Click or tap here to enter text. Last Reviewed: Click or tap to enter a date. Last Revised: Click or tap to enter a date.  Organization, finances, infrastructure, programs and services of municipal government  Effective and result-oriented management principles and practices  Applicable laws, codes, regulations, policies and procedures including, but not limited to, local governmental finances, labor and employment laws, property acquisition  Governmental functions, services, authorities, responsibilities and issues  The City's political environment and sensitivities, ability to function effectively in that environment  Communities dealing with the impact of growth on City's resources  Capital improvement programming and funding methods  City organization, operations, policies and objectives  Oral and written communications Required Skill in:  Effective organization and expression of ideas through use of oral and written communications  Effective presentation of information to top management, community groups, City task forces, committees, boards, and the public  Effective use of interpersonal skills in a tactful, patient and courteous manner  Conducting efficient and effective meetings  Effectively defusing disputes and building consensus and cooperation amongst groups with diverse and competing interests  Short and long-range strategic planning  Application of modern principles and practices to effectively direct, manage and motivate personnel  Effective development and maintenance of organizational and financial stability MINIMUM QUALIFICATIONS: Education and Experience: Education: Bachelor's degree in Business or Public Administration or a closely related field. Master’s degree and experience in Public Administration is highly preferred; and Experience: Seven (7) years of executive management experience including five (5) years of managerial experience in a position equivalent to deputy chief administrative officer in a similar sized organization, which would demonstrate the incumbent’s experience in financial administration, accounting, personnel management, or similar experience. Increasingly responsible management experience in the public sector is highly preferred. An equivalent combination of education, training and experience that will allow the incumbent to successfully perform the essential functions of the position may also be considered. 10.4.a Packet Pg. 713 At t a c h m e n t : C i t y A d m i n i s t r a t o r ( C i t y R e o r g a n i z a t i o n - C i t y A d m i n i s t r a t o r C r e a t i o n ) 4 of 4 JOB DESCRIPTION Click or tap here to enter text. Click or tap here to enter text. Last Reviewed: Click or tap to enter a date. Last Revised: Click or tap to enter a date. Required Licenses or Certifications:  A Valid WA State Driver’s License and a five-year driving abstract acceptable to the City’s insurance requirements is required for any position that will drive for City business.  A criminal background check is required following a verbal offer of employment. Criminal history is not an automatic employment disqualifier. Results are reviewed on a case-by-case basis. WORKING CONDITIONS: Environment:  Work is performed in an office environment subject to frequent interruptions; may be exposed to individuals who are irate or hostile; may be subject to long hours due to the attendance at City Council and Committee meetings and other responsibilities required at this executive level. The noise level in the work environment is usually moderate. Physical Abilities:  The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.  While performing the duties of this job, the incumbent is regularly required to sit, talk and hear; frequently required to use hands to finger, handle and feel; occasionally required to stand, walk and reach with hands and arms; and occasionally required to lift and/or move up to 35 pounds. Specific vision abilities required by this job include close, distance, color, and peripheral vision; depth perception; and the ability to adjust focus. Hazards:  Incumbent Signature: ____________________________________ Date: ________________________ Department Head: _______________________________________ Date: ________________________ 10.4.a Packet Pg. 714 At t a c h m e n t : C i t y A d m i n i s t r a t o r ( C i t y R e o r g a n i z a t i o n - C i t y A d m i n i s t r a t o r C r e a t i o n ) City Administrator May 27, 2025 Jessica Neill Hoyson, HR Director Human Resources 10.4.b Packet Pg. 715 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y R e o r g a n i z a t i o n - C i t y 2 Context Our City operates under a strong mayor form of government, where the Mayor acts as the city's chief executive with administrative management of all city departments. While this structure centralizes authority, it also places a substantial operational burden on one elected official—often limiting strategic focus and administrative continuity. The population size of Edmonds, 43,420 requires a broad range of municipal services such as: managing city finances, hiring and firing staff, developing proposed policies, public safety, public works, utilities, planning and development, parks and recreation, and community services. Managing these services effectively requires professional, full-time administrative oversight that is often difficult for an elected mayor—whose role is also political and public-facing—to sustain alone. 10.4.b Packet Pg. 716 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y R e o r g a n i z a t i o n - C i t y 3 Mayoral Duties Without a City Administrator 1. Executive Leadership & Policy Implementation Enforces city laws, ordinances, and policies. Provides leadership on city-wide priorities and strategic direction. Develops and proposes policy initiatives to the City Council. Implements policies passed by the Council and ensures compliance across all departments. 2. Department Oversight and Management Direct supervision of all department heads Resolves interdepartmental issues and sets management priorities. Oversees performance management and discipline of senior staff. Coordinates departmental budgets, staffing levels, and operational plans. 3. Budget and Financial Management Leads the development of the annual city budget. Reviews and monitors expenditures, revenues, and fiscal health. Makes budget recommendations to the City Council and justifies funding decisions. 4. Human Resources and Personnel Administration Approves all hiring, promotions, disciplinary actions, and terminations. Supports Labor Negotiation process Decision maker on employee grievances and workplace issues. 10.4.b Packet Pg. 717 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y R e o r g a n i z a t i o n - C i t y 4 5. Public Relations and Community Engagement Serves as the public face of the City. Handles constituent concerns, complaints, and public feedback. Attends community events, press conferences, and ceremonial functions. Communicates the City’s vision, programs, and achievements. 6. Intergovernmental Relations Serves as the City’s chief liaison with: County, state, and federal governments Regional councils and interagency groups Lobbyists and grant agencies Advocates for city interests and monitors legislative impacts. 7. Emergency Management Directs emergency response and recovery during natural disasters, public health crises, or civil disturbances. Serves as incident commander or delegates emergency authority as needed. Coordinates with emergency services, public safety agencies, and relevant stakeholders. Mayoral Duties Without a City Administrator 10.4.b Packet Pg. 718 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y R e o r g a n i z a t i o n - C i t y 5 Mayoral duties without a City Administrator 8. Capital Projects and Infrastructure Planning Oversees planning and execution of public infrastructure projects (roads, buildings, utilities, etc.). 9. Legal and Risk Oversight Works with the City Attorney to ensure legal compliance in all municipal matters. Manages insurance and risk mitigation programs. 10. Council Relations and Agenda Management Prepares agendas, reports, and recommendations for City Council meetings. Attends and facilitates all Council meetings. Advises Council on policy matters and city operations. Ensures follow-through on Council directives and decisions. 10.4.b Packet Pg. 719 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y R e o r g a n i z a t i o n - C i t y 6 Why a City Administrator Is Needed 1. Administrative Efficiency and Professional Management A City Administrator brings professional expertise in public administration, budgeting, organizational management, and policy implementation. This role ensures day-to-day operations are handled consistently, efficiently, and in alignment with Council goals and community needs. It allows the Mayor to focus on strategic vision, intergovernmental relations, and leadership without being overwhelmed by the operational workload. 2. Continuity and Stability Mayors change due to elections, but the institutional knowledge and consistency needed for effective administration should remain intact. A City Administrator provides continuity across mayoral terms, reducing the disruption that can occur during transitions. This is particularly important for long-term projects, labor relations, infrastructure planning, and budget forecasting. 10.4.b Packet Pg. 720 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y R e o r g a n i z a t i o n - C i t y 7 Why a City Administrator Is Needed 4. Improved Accountability and Oversight A City Administrator can serve as a centralized point of accountability for operational performance, departmental coordination, and project management. This reduces siloed operations and improves transparency and communication across departments. 5. Support for the Mayor and Staff Having a City Administrator lightens the administrative load on the Mayor, enabling quicker response times, better decision-making, and more effective use of staff resources. It also enhances the effectiveness of department heads by providing them a direct line to a professional who is experienced in organizational best practices. 10.4.b Packet Pg. 721 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y R e o r g a n i z a t i o n - C i t y 8 Why a City Administrator Is Needed 6. Benchmarking with Similar-Sized Cities Many strong mayor cities with populations between 21,500 and 80,100 employ a City Administrator. Of the 17 Washington cities in that population range, 14 have a City Administrator or similar position. Edmonds is one of the three that do not have this type of position. The cities that have this type of position have found value in combining political leadership (Mayor) with professional management (Administrator), especially to manage growing populations and service demands. 10.4.b Packet Pg. 722 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y R e o r g a n i z a t i o n - C i t y 9 City Information in Population Range City Population Administrator? Redmond 80,040 Chief Operating Officer Marysville 74,390 City Administrator Bremerton 45,390 Edmonds 43,420 Lake Stevens 41,540 City Administrator Issaquah 41,500 CA & Deputy CA Lynnwood 41,500 Assistant City Administrator Wenatchee 36,040 City Administrator Mount Vernon 35,800 Pullman 33,680 City Administrator Camas 27,660 City Administrator Tumwater 27,470 CA & Deputy CA Oak Harbor 24,900 City Administrator Bonney Lake 23,320 City Administrator Arlington 22,980 City Administrator Tukwila 22,930 CA & Deputy CA Mukilteo 21,590 City Administrator Monroe 20,830 City Administrator 10.4.b Packet Pg. 723 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y R e o r g a n i z a t i o n - C i t y 10 What is being requested In order to add the City Administrator, with minimal financial impact, the following changes are proposed: 1.Eliminate the Community, Culture, Economic Development Director 2.Establish an Economic Development Program Manager 1.Do not fill this position until Council determines that resources are available in the future 2.The Mayor and the City Administrator would be responsible for economic development until this position is filled 3.Establish the City Administrator Position 1.The Mayor has proposed filling this internally with the current Community, Culture, Economic Development Director 1.Policy would limit the pay increase for this promotion/reclassification to 5% 2.Due to the position elimination and the limit of 5% for promotion, the total impact would be 5% over this employee’s current compensation. 1.This increase is approximately $888/month 2.Incumbent would receive a step increase after 6 months in the position 3.Next increases would occur annually 10.4.b Packet Pg. 724 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y R e o r g a n i z a t i o n - C i t y 11 Comparator Data for City Administrator Comp City Administrator City Manager City Form of Gov.salary low salary high salary low salary high Lacey Council/Manager $220,500 $282,252 Bothell Council/Manager $285,931 Shoreline Council/Manager $220,000 $250,000 SeaTac Council/Manager $257,960 Olympia Council/Manager $170,232 $255,348 Puyallup Council/Manager $245,472 Burien Council/Manager $232,763 Lynwood Mayor -Council $174,304 $224,390 Mukilteo Mayor -Council $148,793 $180,857 Issaquah Mayor -Council $214,974 $282,891 Median $174,304 $224,390 $220,000 $255,348 Low High Proposed Range NR -47 $181,092 $242,682 Median CA $174,304 $224,390 Median CM $220,000 $255,348 Combined Median $194,639 $252,674 Lacey: Also has an Assistant CA. Olympia: Also has 2 Assistant CM. Burien: CM receives $500/month car allowance. Lynwood: Position has always been an Assistant CA. Bothell, SeaTac, Puyallup, Burien: All provide flat amounts contractually with COLA’s. 10.4.b Packet Pg. 725 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y R e o r g a n i z a t i o n - C i t y 12 Conclusion Establishing a City Administrator position is not a shift in power—it is a strategic enhancement of city management capacity. It reflects the maturity, size, and complexity of our municipality and is a forward- thinking investment in operational excellence, responsiveness, and fiscal responsibility. Council’s authorization of the addition of a City Administrator position will help to ensure we are equipped to meet the evolving needs of our community and continue delivering high-quality services efficiently. 10.4.b Packet Pg. 726 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y R e o r g a n i z a t i o n - C i t y •Questions? 13 10.4.b Packet Pg. 727 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y R e o r g a n i z a t i o n - C i t y THANK YOU 10.4.b Packet Pg. 728 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y R e o r g a n i z a t i o n - C i t y