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HomeMy WebLinkAbout2026-09-09 Study Session Packet Edmonds City Council Agenda September 09, 2026 Posted: 9/4/2026 12:36 PM Page 1 Agenda Edmonds City Council Study Session CITY COUNCIL CONFERENCE ROOM 121 - 5TH AVENUE N, EDMONDS, WA 98020 ZOOM: HTTPS://ZOOM.US/J/95798484261 PHONE: +1 253 215 8782 MEETING ID: 957 9848 4261 SEPTEMBER 09, 2026, 3:00 PM STAFF AND COUNCILMEMBERS ATTEND STUDY SESSIONS VIRTUALLY, AND MEMBERS OF THE PUBLIC ARE ENCOURAGED TO ATTEND THE SAME WAY. IF MEMBERS OF THE PUBLIC CANNOT ACCESS THE VIRTUAL MEETING WITH THEIR PERSONAL DEVICES, A MONITOR IS PROVIDED AT THE CITY COUNCIL CONFERENCE ROOM AT 121 5TH AVE N, EDMONDS WA. 1. CALL TO ORDER 2. EXECUTIVE SESSION PURSUANT TO RCW 42.30.110(1)(i) 3. STUDY SESSION ITEMS 1. Tree Code Amendments, File No. AMD2026-0001 Fifth Reading and Beyond – Planning and Development Services (30 minutes) 4. ITEMS FOR FUTURE CONSENT 1. Addendum No. 1 to the Market Special Event Agreement adding Winter Market Dates First Reading – Parks and Recreation (0 minutes) ADJOURNMENT For disability accommodations, materials in alternate formats, accessibility information, or language interpretation/ translation needs, please contact the City Clerk at 425-775-2525 at your earliest opportunity. Providing at least 72-hour notice will help ensure availability. City Council Agenda Item 3.1 September 9, 2026 - Study Session TITLE:Tree Code Amendments, File No. AMD2026-0001 (Fifth Reading and Beyond) DEPARTMENT:Planning and Development Services PRESENTER:Deb Powers NEEDED FROM COUNCIL:Action RECOMMENDATION:Provide feedback on testimony from the September 8 public hearing and consider additional changes to ECDC 17.130. BUDGET: Total Dollar Amount:0 ☐ Approved in Budget Fund(s):N/A ☐ Budget Reallocation Required ☒ No Budget Impact PROBLEM/ISSUE STATEMENT: Refer to the September 8, 2026 agenda item Tree Code Amendments, File No. AMD2026-0001. CONTEXT, ANALYSIS, & ALTERNATIVES: Due to needed publication dates for the September 8 public hearing and September 9 study session agendas, this agenda item does not include public feedback from the September 8, 2026 Council public hearing. Public comments received at the September 8 hearing will be addressed in a subsequent meeting agenda. The highlighted text and annotated comments in Attachment 1 (staff edits to the Planning Board-recommended draft - V4) indicate opportunities to reduce code complexity and address code inconsistencies raised at the August 11 Council meeting. RECOMMENDATION: Provide feedback on testimony from the September 8 public hearing and consider further revisions to draft ECDC 17.130 (future V5). BUDGET IMPACTS: Refer to the September 8 agenda item Tree Code Amendments, File No. AMD2026-0001. ITEM HISTORY: Refer to the September 8, 2026 agenda item Tree Code Amendments, File No. AMD2026-0001. ADDITIONAL INFORMATION: N/A   Item 3.1       Packet pg. 2/79   Item 3.1       Packet pg. 2/79 ATTACHMENTS: 1. ECDC 17.130_Markups Annotated V4 2. September 9 Meeting Presentation   Item 3.1       Packet pg. 3/79   Item 3.1       Packet pg. 3/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. DRAFT Chapter 17.130 TREE RELATED REGULATIONS (V4) Sections: 17.130.000 Intent and purpose. 17.130.010 Administration authority. 17.130.020 Definitions. 17.130.030 Permits required. 17.130.040 ExemptionsStreet Trees [placeholder]. 17.130.050 Tree removal prohibitedTree removals unrelated to development. 17.130.060 Tree retention associated with development activity. 17.130.070 Tree protection measures during development. 17.130.080 Tree replacementLandscaping Requirements [placeholder]. 17.130.090 BondingTree and Landscape Maintenance Requirements. 17.130.100 Violation, enforcement and penalties. 17.130.110 Liability. 17.130.120 Tree Fund 17.130.000 Intent and purpose. The purpose of this chapter is to establish a process and standards to provide for the evaluation, protection, enhancement, preservation, replacement, and proper maintenance of significant trees on private, public and city-owned property and associated vegetation, and woodlands located in Edmonds. This includes the following: A.  Implement the goals and objectives of the cCity’s uUrban fForest mManagement pPlan (UFMP); B.  Implement the goals and objectives of the cCity’s cComprehensive pPlan; C.  Implement the goals and objectives of the cCity’s cClimate aAction pPlan (CAP); D.  Preserve, through design and intention, wildlife corridors and habitat; DK.  Mitigate the environmental and aesthetic consequences of tree removal in land development through on-site and off-site tree replacement to help Work towards achieveing a healthy, sustainable urban forest with a minimum citywide goal of no net loss of tree canopy coverage goal of 35 percent by 2036, with a no net loss of 32.4 percent canopy cover based on 2021 imagerythroughout the city of Edmonds, while providing applicants with optional procedural mechanisms to ensure that the mitigation is proportional to the impact; and;   Item 3.1       Packet pg. 4/79   Item 3.1       Packet pg. 4/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. E.  To pPromote the public health, safety, biodiversity, environmental health and general welfare of the residents of Edmonds, by mitigating stormwater runoff and the impacts of climate change, improving air quality,provide greenhouse gas emissions mitigation D.  Ppreserveing, through design and intention, wildlife corridors and habitat;, and maintainingpreserve the physical and aesthetic characteristics of the city through the prevention of indiscriminate removal or destruction of trees and vegetationground cover on improved or partially improved property; F.  Preserve the maximum number of trees with a reasonable chance of long-term survival that are determined to be appropriate for preservation in the Edmonds urban environment and that have a reasonable chance of long-term survivalto ensure an even urban forest succession of mature trees, when combined with supplemental trees, provide optimal environmental and public health benefits; G.  Promote site planning, building, and development practices that work to avoid removal or destruction of trees and vegetation, that avoid unnecessary disturbance to the city’s natural vegetation, and provide landscaping to buffer the effects of built and paved areas; GH.  Encourage tree retention and mitigation efforts on developing sites by providing design flexibility with respect to certain development requirements, promoting right tree-right place replanting objectivesreplanting when trees are removed during development, and provide landscaping to buffering the effects of built and paved areas through landscaping standards; H  J.  Promote site designplanning, building and development practices that avoid unnecessary disturbance to and/or removal or destruction of trees, vegetation, and are consistent with the city’s natural topographic and vegetation features, and Rretain as many viable trees as possible on a developing site while still allowing the development proposal to move forward in a timely manner and replanting when trees are removed during development; I.J.  Promote building and site planning practices that are consistent with the city’s natural topographic and vegetation features while recognizing Recognize that certain factors such as hazardous tree conditions (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvements, interference with utility services, and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover;. K.  Mitigate the environmental and aesthetic consequences of tree removal in land development through on-site and off-site tree replacement to help achieve a goal of no net loss of tree canopy coverage throughout the city of Edmonds, while providing applicants with optional procedural mechanisms to ensure that the mitigation is proportional to the impact; and L.  Promote net ecological gain on a citywide basis over a long period of time.   Item 3.1       Packet pg. 5/79   Item 3.1       Packet pg. 5/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. 17.130.010 Administration aAuthority. The planning and development director (“director”) or his/hera designee is given shall have the authority and responsibility to interpret and apply, and the responsibility toadminister and enforce this chapter to accomplish the stated purposeall provisions of this chapter. 17.130.020 Definitions. “Caliper” means the American Association of Nurserymen standard for trunk measurement of nursery stock, applicable to replacement tree size requirements. Caliper of the trunk shall be the trunk diameter measured six inches above gradethe ground for up to and including four-inch caliper size and 12 inches above gradethe ground for larger sizes. “Canopy” means the leaves and branches of a tree from the lowest branch on the trunk to the top. “Critical root zone (CRZ)” means the area surrounding a tree at a distance from the trunk, which is equal to one foot for every one inch of tree DSH. Example: a 24-inch DSH tree has a 24-foot radius CRZ measured from the face of the trunk. “Inner Critical Root Zone” refers to an area half the distance of the CRZ that, when impacted, may compromise the structural integrity of the tree. Example: a 24-inch DSH tree has a 12-foot radius inner critical root zone measured from the face of the trunk. ”Crown” means the upper part of a tree, measured from the lowest branch, including all the branches and foliage. “Developable site” means the gross site area of a lot minus critical areas and their buffers. “Diameter at standard height (DSH)” means the diameter or thickness of a tree trunk measured at four and one-half feet above average gradefrom the ground. References to DBH shall be understood as synonymous with “diameter at standard height (DSH).” For trees with multiple leadersstems at four and one-half feet height, the DSH shall be the combined cumulative totalsquare root of the sum of each individualbranches stem greater than six six inches diameter, squared, as shown in Diagram x at four and one-half feet above the average grade. For multiple-stemmed trees in critical areas, the minimum individual stem diameter is four inches. Example: with three stems: Combined DSH = √ [(stem1)2 + (stem2)2 + (stem3)2]). Atypical trunk formations and site conditions shall follow the Guide for Plant Appraisal, current edition, published by the Council of Tree and Landscape Appraisers.   Item 3.1       Packet pg. 6/79   Item 3.1       Packet pg. 6/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. If a tree has been removed and only the a stump remains that is below four and one-half feet above average gradetall, the DSH is thesize of the tree shall be the diameter of the top of the remaining stump. Diagram x. “Dripline” means the distance in radius from the face of the tree trunk that is equal to the furthest horizontal extent of the tree’s crown. For trees with asymmetrical crowns, dripline is measured in all four cardinal directions (north, south, east and west). “Feasible” means, for the purpose of this chapter, the project applicant’s primary intended legal use may be achieved. In cases where this chapter requires certain actions unless they are infeasible, the burden of proving infeasibility is placed on the applicant. “Grove” means a group of three or more viable significant trees with overlapping or touching crowns that are located on a proposed development site; one of which is located within a required yard setback. “Hazard tree” means a tree/tree part that is dead, dying, diseased, damaged, or structurally defective, and considered a threat to life or public safety, posing determined to have a high or extreme overall tree risk rating using Level 2 the current ISA Tree Risk Assessment Qualification (TRAQ) method. A hazard tree must meet all the following criteriaas determined by an ISA-certified arborist: 1. Have a combination of structural defects and/or conditions of concern resulting in a probable or imminent likelihood of failure, 2. Is in proximity to frequent or constantly occupied targets resulting in a high likelihood of impact, 1.3. The hazard condition cannot be reduced with reasonable and proper arboricultural practices, nor can the target be moved.   Item 3.1       Packet pg. 7/79   Item 3.1       Packet pg. 7/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. “Improved lot” means a lot or parcel of land upon which a structure(s) is located, and which cannot be further subdivided pursuant to city subdivision regulations and zoning code. “Improvement” means and includes, but is not limited to, an existing or proposed building, structure, storm drainage facilities, road, driveway, utility and pedestrian facilities, or other object constituting a physical addition to real property. “Landmark tree” means a significant tree with a minimum 24-inch DSH. “Limits of disturbance” means the boundary between the area of minimum protection around a tree and the allowable site disturbance. Native Tree. Native trees are described in the urban forest management plan (UFMP) as being well suited to our climate and tending to provide good habitat for local wildlife. The UFMP contains a partial list of species that are considered native trees. “Net ecological gain” means a standard for a development project, policy, plan, or activity in which the impacts on the ecological integrity caused by the development are outweighed by measures taken consistent with the new mitigation hierarchy to avoid and minimize the impacts, undertake site restoration, and compensate for any remaining impacts in an amount sufficient for the gain to exceed the loss over a period of 20 years. “Nuisance tree” means a significant or landmark tree that meets the following criteria: 1. iIs causing significant extensive physical damage to a private or public structure and/or infrastructure in a manner that disrupts functional use, including but not limited to: sidewalk, curb, road, water or sewer or stormwater utilities, driveway, parking lot, building foundation, or roof. 2. Documented damage caused by the tree cannot be corrected through routine maintenance or remediation such as repaving, surface lifting/leveling, mechanical rooter, or hydro jetting. 1.3. Standard arboricultural practices such as root or branch pruning or installation of preventative measures such as root barriers cannot rectify the nuisance without severe injury to the tree, as documented by a qualified professional arborist. “Prohibited Tree” means a tree currently listed in any class as a noxious, invasive or “weed of concern” species by Washington State or Snohomish County Noxious Weed Control Boards or shown on the Prohibited Plant List maintained by the City. “Protected tree” means a tree identified for retention and protection on an approved tree retention and protection planreplacement in relation to a development permit, aor required landscaping plan, Commented [DP1]: V3: includes 4 species at 8” or 12” DSH (condensed list from Tree Board recommended 6-species list) V4: No additional species at lower DSH Commented [DP2]: Pending WNPS feedback.   Item 3.1       Packet pg. 8/79   Item 3.1       Packet pg. 8/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. bond, maintenance agreement, and/or permanently protected by an easement, tract, or covenant restriction. “Pruning” means the proper removal of roots or branches of a tree according to the American National Standards Institute (ANSI) A300 pruning standards. “Qualified professional arborist” means an individual with relevant education and training in arboriculture or urban forestry, having two or more of the following credentials (or equivalent): 1.  International Society of Arboriculture (ISA) Certified Arborist; 2.  Tree Risk Assessment Qualification (TRAQ) as established by the ISA TRAQ (or equivalent); 3.  American Society of Consulting Arborists (ASCA) registered Consulting Arborist; 4.  Society of American Foresters (SAF) Certified Forester for Forest Management Plans;. 5. Board Certified Master Arborist. For tree retention associated with a development permit, a qualified professional arborist must also have, in addition to the above credentials, a minimum of three years’ experience prescribing appropriate tree protection measures working directly with the protection of trees during construction and have experience with for optimal tree health and longevitythe likelihood of tree survival after construction. A qualified professional must also be able to prescribe appropriate measures for the preservation of trees during land development. “Significant tree” means a tree that is at least six inches in diameter, up to 23.9-inches at standard height (DSH) as measured at four and one-half feet from the ground. For trees with multiple leaders at four and one-half feet height, the DSH shall be the combined cumulative total of branches greater than six inches diameter at four and one-half feet above the average grade. If a tree has been removed and only the stump remains that is below four and one-half feet tall, the size of the tree shall be the diameter of the top of the stump. “Specimen tree” means a tree of exceptional size or form for its species or rarity as determined by the city’s qualified professional. “Tree” means a self-supporting woody plant characterized by one main trunk or, for certain species, multiple trunks, that is recognized as a tree in the nursery and arboricultural industries. “Tree fund” refers to the fund created by Chapter 3.95 ECC. “Tree Protection Zone (TPZ)” means the area determined by a qualified professional arborist in which certain activities are prohibited or restricted to prevent or minimize potential injury to designated trees during construction, applicable to individual or groups of tree trunks, roots and soil.   Item 3.1       Packet pg. 9/79   Item 3.1       Packet pg. 9/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. TPZ is measured in feet from the face of the trunk and may be determined using critical root zone, dripline, exploratory root excavations or other methodologies. TPZ is variable depending on species, age and health of the tree, soil conditions and proposed construction. TPZ denotes the location of tree protection fencing. “Tree removal” means the direct or indirect removal of a tree(s) or vegetation through actions including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems; destroying the structural integrity of trees through improper pruning, unless pruning back to the point where the tree has been previously topped; poisoning; filling, excavating, grading, or trenching within the dripline that results in the loss of more than 20 percent of the tree’s root system; or the removal through any of these processes of greater than 50 percent of the live crown of the tree. “Tree topping” means the significant cutting back of the leader stem or major branches, resulting in severely altering the growth potential of a tree. This definition does not apply when the sole purpose is to create a snag or snags for wildlife habitat. “Viable tree” means a significant tree that a qualified professional arborist has determined to be in fair, good, or excellent health, with a low risk of failure due to structural defects, is windfirm if isolated or remains as part of a grove, and is a species that is suitable for its location, subject to City review/approval. “Wildlife snag” means the remaining trunk of a tree that is intentionally reduced in height, stripped of its branches and initiated cavities using coronet cuts and other techniques with the intent of providing habitat. 17.130.030 Permits and exemptions. A.  Applicability. No person shall remove, excessively prune, or top any significant tree except as provided by this chapter. B.  Street tree pruning or removal. Other than City crews, no person, directly or indirectly, shall prune, trim, modify, alter or damage any street tree without first obtaining a permit as provided in ECDC 18.85. C. Tree removal on private property. A Type 1 permit is required to: 1. Exceed the tree removal allowances set forth in 17.130.050.A with the removal of hazard or nuisance trees pursuant to 17.130.050.B if the proposed removals are:   Item 3.1       Packet pg. 10/79   Item 3.1       Packet pg. 10/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. a. Located in critical areas and associated buffers That portion of the property containing a critical area or its associated buffer as provided in Chapter 23.10 ECDC. Critical areas in this context does not include erosion hazards with slopes less than 25 percent. b. Located on vacant lots and/or subdividable properties. a.c.Identified as a protected tree.Removal of protected trees is prohibited, except as provided for in ECDC 17.130.040(F), hazard and nuisance trees d. Landmark trees. 2. Develop a Forest Stewardship Plan set forth in 17.130.050.C. DC.  Exemptions. The following activities are exempt from the provisions of this chapter and do not require a permit: 1. Emergency Tree Removal. Any tree that poses an imminent threat to life and property may be removed. The City shall be notified within seven days after the emergency tree removal with evidence of the threat for removing the tree to be considered exempt from this chapter. If the Planning Official determines that the emergency tree removal was not warranted or if the removed tree was required to be retained or planted pursuant to a development permit, then the removal will be subject to code enforcement, including fines and restoration. The Planning Official may require that the party obtain a tree removal permit. 2. C.  Utility Maintenance. Removal of trees by the public works department, parks department, fire department and/or franchised utilities utility agencies for one of the following purposes: 1a.  Installation and maintenance of public utilities or motorized or nonmotorized streets or paths. 2b.  In response to situations involving danger to life or property, substantial fire hazards, or interruption of services provided by a utility. Franchised utilities shall provide notification to the city prior to tree maintenance or removal. A separate right-of-way permit may be required. 3. Procedural ExemptionDevelopment Proposal. Tree removal associated with site improvements, building permit, subdivision, or other land use approval will be reviewed with the associated project and will not require a separate tree removal permit. All tree removal activitiesclearing shall be consistent with and apply the standards established by this chapter. Commented [DP3]: Tree Board recommendation: prohibit landmark tree removal except those that meet hazard/nuisance criteria.   Item 3.1       Packet pg. 11/79   Item 3.1       Packet pg. 11/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. 4. Routine Landscaping and Maintenance. of A permit is not required for vegetation, such as routine pruning, and planting, andremoval of invasive/exotic species, management of brush and seedling trees, including the removal of noxious/invasive vegetation. Pruning should comply with ANSI A300 (Part 1 – 2017), Tree, Shrub and Other Woody Plant Management – Standard Practices, to maintain long term health. This includes maintenance of trees and vegetation required to be retained or planted under the provisions of the Edmonds Community Development Code. Pruning existing trees back to the point where they have been previously topped is considered maintenance for these trees alone, provided pruning will be undertaken only to the extent necessary for public safety or tree health. 5. Removal of Prohibited Tree Species. A permit or notification is not required for the removal of significant, prohibited tree species. Example: a property owner may remove a 10-inch DSH English holly tree (Ilex aquifolium) without notifying the City or seeking a permit because the Washington State Noxious Weed Control Board lists it as a Class C Noxious Weed. 6. Legal Agreements. Existing legal agreements, contracts or other mechanisms such as view covenants may exempt applicants and property owners from the replanting provisions of this chapter. 17.130.040 ExemptionsStreet Trees (placeholder). The following activities are exempt from the provisions of this chapter and do not require a permit: A. Removal of trees on an improved single-family lot, except for: 1.  That portion of the property containing a critical area or its associated buffer. Critical area in this context does not include erosion hazards with slopes less than 25 percent. B.  Removal of nonsignificant trees that are not protected by any other means. C.  Removal of trees by the public works department, parks department, fire department and/or franchised utilities for one of the following purposes: 1.  Installation and maintenance of public utilities or motorized or nonmotorized streets or paths. 2.  In response to situations involving danger to life or property, substantial fire hazards, or interruption of services provided by a utility. Commented [DP4]: Tree lists to be developed with implementation Commented [DP5]: Placeholder, pending Legal review.   Item 3.1       Packet pg. 12/79   Item 3.1       Packet pg. 12/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. Franchised utilities shall provide notification to the city prior to tree maintenance or removal. A separate right-of-way permit may be required. D.  Removal and maintenance of trees within city of Edmonds’ parks at the direction of the parks department. E.  Routine landscaping and maintenance of vegetation, such as pruning and planting, removal of invasive/exotic species, management of brush and seedling trees. Pruning should comply with ANSI A300 (Part 1 – 2017), Tree, Shrub and Other Woody Plant Management – Standard Practices, to maintain long term health. This includes maintenance of trees and vegetation required to be retained or planted under the provisions of the Edmonds Community Development Code. Pruning existing trees back to the point where they have been previously topped is considered maintenance for these trees alone, provided pruning will be undertaken only to the extent necessary for public safety or tree health. F.  Trees that do not meet the exemptions in subsections (A) through (E) of this section may be removed with supporting documentation: 1.  Nuisance tree with documentation of the damage and any tree work that has been attempted to rectify the nuisance, and/or a statement from the applicant’s qualified professional explaining why no arboricultural practices can safely rectify the nuisance. 2.  Hazard tree located outside a critical area with a tree risk assessment prepared by the applicant’s qualified professional documenting how the tree meets the definition of a hazard tree. 3.  Hazard tree removal in a critical area or critical area buffers consistent with the requirements of ECDC 23.10.080(D)(7)(d). 17.130.050 Tree removals prohibitedunrelated to development. A.  Protected Trees. Removal of protected trees is prohibited, except as provided for in ECDC 17.130.040(F), hazard and nuisance trees, or through an approved modification of a landscape plan. B.  Vacant Lots. Removal of trees from a vacant lot prior to a project development is prohibited except as provided for in ECDC 17.130.040(F), hazard and nuisance trees. C.  Demolition of Structures. Tree removal shall be prohibited as part of a permitted demolition except as required to reasonably conduct demolition activities subject to approval of the director. Tree replacement shall be required for removed trees. To slow the loss of canopy cover resulting from tree removal not associated with development activity, the City of Edmonds allows the limited removal of significant trees on private property   Item 3.1       Packet pg. 13/79   Item 3.1       Packet pg. 13/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. without a permit, while providing for additional tree removal flexibility through permit options. Landmark tree removal is prohibited except those that meet hazard or nuisance criteria. A.Significant Tree Removal Allowance – Notification Required. Any property owner of developed property may remove up to a specified number of significant trees based on property size within a twelve-month period with the approval of a tree removal notification as follows: Property Size Maximum Tree Removal Allowance per 12 months Up to 10,000 sq. ft.1 10,001-20,000 sq. ft.2 20,001 sq. ft. and greater 3 B. Hazard and Nuisance Tree Removals – Permit Required. Landmark trees, protected trees, and trees located in critical areas, on vacant or subdividable lots may be removed if hazard or nuisance tree criteria are met with the approval of a Type 1 tree removal permit. Additional documentation is required for: 1. Hazard tree removal – a tree risk assessment or arborist report prepared by the applicant’s qualified professional arborist documenting how the tree meets the definition of a hazard tree. The City may approve the removal of dead, dying, and/or diseased trees from private property as hazard trees without the submission of a tree removal permit if the applicant provides photographic evidence or other documentation demonstrating that the tree meets the definition of a hazard tree. 2.Nuisance tree removal - documentation of the damage and any tree work that has been attempted to rectify remedy the nuisance, and/or a statement from the applicant’s qualified professional arborist explaining why no arboricultural practices cannot safely rectifyremedy the nuisance, pursuant to nuisance tree criteria. 1.3. Protected tree removal – in addition to the requirements set forth in subsections 1 and 2 of this section, submittal of a landscape modification plan subject to design review may be required for the removal of hazard or nuisance trees located in required landscaping buffers to ensure minimum design standards pursuant to Chapter 20.13 ECDC are met. C. Forest Stewardship Plan – Permit required. Property owners of heavily wooded, developed properties at least 25,000 square feet may propose a stand management approach to exceed the tree removal allowances set forth in this section to improve the long-term health and condition of existing tree stands through forest thinning, restoration and maintenance practices over a five-year Commented [DP6]: V3: only 1 removal allowed per 12 months, regardless of property size. Paid permit for 3 tree removals/36 months. Tree Board recommendation: same, except no fee for 3 per 36-months removals. V4: 1-3 removal allowances per property size. Deleted 3 removals all at once for 36 months paid permit.   Item 3.1       Packet pg. 14/79   Item 3.1       Packet pg. 14/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. timeframe. Submittal requirements include an inventory, site plan, and arborist report pursuant to 17.130.060.C. Applicants are encouraged to seek direction from City staff and the technical assistance, incentives and resources available through local and state agencies that promote forest practices. D. Tree Replacement Requirements. To mitigate the consequences of tree removal unrelated to development activity, the City requires replacements for the removal of viable and nuisance trees, planted in suitable locations appropriate to the subject property, based on the size of the removed trees or landmark tree species: Removed Tree DSHDiameter Number of Required Replacement Trees Significant tree between six 6” inches andup to 10” inches DSH removed 1 Significant tree betweenlarger than 10.1, up to inches and 14” inches in DSH removed 2 Significant tree greaterlarger than 14, up to inches and less than 2418” inches in DSH removed 3 Significant tree larger than 18, up to but not including 24” DSH removed 4 Landmark tree 24” DSH and larger 5 Street trees: any DSH 1 Critical areas and buffers: minimum 4” DSH trees 2 Tree replacements shall conform to the standards set forth in 17.130.060.H (4-6). E. Tree Removals Preemptive to Development. Any significant or landmark tree removal counts towards the requirements associated with site improvement or development permits submitted within 12 months following the approval of a tree removal notification or permit. 17.130.060 Tree retention requirements associated with development activity. A.  Introduction. The city’s objective is to mitigate the impacts of incremental canopy loss due to development by establishing clear standards and priorities for the retain retention of existing as many viable trees and for the planting of new trees as possible on a developing site while still allowing a feasible development proposal to move forward in a timely manner. B. Applicability. To that end, tThe city requires approval of a tree retention and protection plan in conjunction with the following development applications: 1.  Short subdivision, including Conservation Subdivision pursuant to ECDC 20.75.048; Commented [DP7]: V3: placeholder (no decision per Planning Board) V4: for Council consideration. Commented [DP8]: Tree Board recommendation: for tree removals 18” DSH or greater, require only 2 replacement trees if replanting conifers. Commented [DP9]: V3: 36 months V4: 12 months   Item 3.1       Packet pg. 15/79   Item 3.1       Packet pg. 15/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. 2.  Subdivision, including Conservation Subdivision pursuant to ECDC 20.75.048; 34.  New Low Density Residential (LDR) single-family development on a vacant lot or a demolition and replacement of a single-family LDR unit or structurehouse; and 4. New accessory dwelling unit (ADU), detached accessory dwelling unit (DADU), duplex or triplex developments up to 4 units per parcel; 5.  Any tree removal on developed sites not exempted by ECDC 17.130.040.Site improvements including parking lots, new decks and structural additions 2,000 square feet of disturbed area/footprint or greater; and 6. New multifamily, commercial, and mixed-use developments where existing significant trees are located within required buffers, open space, or public amenity areas. In order to make better decisions about tree retention, particularly during all stages of development, tree retention and protection plans will require specific information about the existing trees before removal is allowed. Specific tree retention and protection plan review standards provided in this section establish tree retention priorities, incentives, and variations to development standards in order to facilitate preservation of viable trees. CB.  Tree Retention and Protection Plan Submittal. In order to make better decisions about tree retention, particularly during all stages of development, tree retention and protection plans will require specific information about the existing trees before removal is allowed. 1.  An applicant for a development identified in subsection (BA) of this section shallmust submit a tree retention and protection plan that complies with this section. A qualified professional arborist may be required to prepare certain components of a tree retention and protection plan at the applicant’s expense. 2.  Tree Retention and Protection Plan Components. The tree retention and protection plan shall contain the following information, unless waived by the director: a.  A tree inventory containing the following: i.  A number system of all existing significant trees on the subject property (with corresponding tags on trees); ii.  Trunk Ssize (DSH) and estimated tree crown diameter; iii.  Proposed tree status (trees to be removed or retained); Commented [DP10]: V3: included retaining walls, threshold was 500 sf. V4: deleted retaining walls, updated to 2,000 sf.   Item 3.1       Packet pg. 16/79   Item 3.1       Packet pg. 16/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. iv.  Brief general health or condition rating of trees (i.e., poor, fair, good, excellent, etc.); v.  Tree type or sSpecies and common name. b.  A site plan depicting the following: i.  Location of all proposed improvements, including building footprint, access, utilities, applicable setbacks, critical areas, buffers, and required landscaped areas clearly identified. If a short subdivision or subdivision is being proposed and the location of all proposed improvements has not yet been established, a phased tree retention and protection plan review is required as described in subsection (CB)(3)(a) of this section; ii.  Accurate location of significant , grove, and landmark trees on the subject property and adjacent properties where the canopy crown and/or critical root zone Tree Protection Zone of adjacent significant trees extend onto the subject property (surveyed locations may be required); iii.  Trees labeled corresponding to the tree inventory numbering system; iv.  Location of tree protection measures; iv.  Indicate tree protection fence at the proposed Tree Protection Zonelimits of disturbance drawn to scale around all trees potentially impacted by site disturbances resulting from grading, demolition, or construction activities. Silt fence locations to meet Temporary Erosion and Sediment Control requirements may satisfy tree protection fence requirements if observed distances are identical and signage is posted; vi.  Proposed tree status (trees to be removed or retained) noted by an “X” or by ghosting out; vii.  Proposed locations of any required replacement trees as outlined in ECDC 17.130.080 and trees required to be planted in accordance with subsections (E through GC)(5) of this section. Where replacement trees are proposed to be planted at a different location than the project site, a description of the alternate site and written approval from the property owner shall must be provided. c.  An arborist report containing the following: i.  A complete brief description of each tree’s current health condition and viability;   Item 3.1       Packet pg. 17/79   Item 3.1       Packet pg. 17/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. ii.  A description of the method(s) used to determine the Tree Protection Zonelimits of disturbance (i.e., critical root zone, driplineroot plate diameter, exploratory root excavationsor a case-by-case basis description for individual trees); iii.  Any special instructions specifically outlining any work proposed within the Tree Protection Zonelimits of the disturbance protection area (i.e., hand-digging, tunneling, root pruning, any grade changes, clearing, monitoring, and aftercare); iv.  For trees not viable for retention, a description of the reason(s) for removal based on poor health, high risk of failure due to structure, defects, unavoidable isolation (windfirmness), or unsuitability of species, etc.,E.  In considering trees for retention, applicants and the city shall avoid, to the extent known, the selection of trees that are mature trees and may be a fall hazard, including trees adjacent to utility corridors where falling trees may cause power outages or other damage, etc., for which no reasonable alternative action is possible (pruning, cabling, etc.) mustshall be given; v.  Description of the impact of necessary tree removal to the remaining trees, including those in a grove; 3.  Additional Tree Retention and Protection Plan Submittal Standards for Short Subdivisions and Subdivisions. a.  Phased Review. i.  If during the short subdivision or subdivision review process the location of all proposed improvements, including the building footprint, utilities, and access, have not yet been established, the applicant may submit a tree retention and protection plan that addresses the current phase of development and limits removal to the impacted areas. ii.  A new tree retention and protection plan shall be required at each subsequent phase of the project as more information about the location of the proposed improvements is known subject to all of the requirements in this section. DC.  Tree Retention Requirements. Specific tree retention and protection plan review standards provided in this section establish a sequence of minimum tree retention requirements, priorities, site design procedures, and replacement standards to maximize successfulincentives, and variations to development standards in order to facilitate preservation of viable trees and provide onsite and offsite mitigation for trees removed with development.   Item 3.1       Packet pg. 18/79   Item 3.1       Packet pg. 18/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. 1.  Minimum Tree Density Credits General Tree Retention Requirements. This section establishes the minimum quantitative retention requirements using a tree density credit system. This section does not establish maximum retention standards for existing trees. Existing landmark and Ssignificant trees on lots proposed for development or redevelopment, except as substituted under subsection (F)(3) of this section, shall be retained to meet the minimum tree density credit thresholds for each lot as follows: Table 17.130.060.CD. Minimum Tree Density Credit Retention Requirements for Proposed Development Development Type Retention Required Minimum Tree Density Credit Thresholds Site improvements, including additions, parking lots and new decks 2,000 square feet or greater disturbed area or footprint. Credit per acre requirement or applicable landscaping standards are based on underlying zoning (LDR, MF, etc.). Demolition associated with a development permit. Tree removal shall be prohibited as part of a permitted demolition except as required to reasonably conduct demolition activities only with subject to the approval of the director the associated development permit and immediate tree replacement of any removed pursuant to 17.130.050.E. New low density residentialsingle-family, short subdivision, or subdivision, up to four units per parcel. 30% of all significant trees in the developable site 66 credits per acre Conservation Subdivision 88 credits per acre. Variations to development standards apply, pursuant to ECDC 20.75.048. Commented [DP11]: V3: included retaining walls. Applied to improvements >500 SF+. Required credits depend on # units on lot (88- 132) V4: deleted retaining walls, correlated credits w/ underlying zoning. Commented [DP12]: V3: multiple credit requirements ranging from 88-132 credits/acre. V4: 1 credit per acre threshold for all LDR. Tree Board recommendation: Retain and replant to 88 credits/acre for all LDR and site improvements.   Item 3.1       Packet pg. 19/79   Item 3.1       Packet pg. 19/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. Development Type Retention Required Minimum Tree Density Credit Thresholds Multifamily development, unit lot short subdivision, or unit lot subdivision development, five or more units per parcel. 25% of all significant trees in the developable site Required Landscaping buffer widths and planting standards for trees, shrubs and groundcovers apply, pursuant to ECDC 20.13. Commercial and mixed-use development Tree credits do not apply. Required Landscaping buffer widths and planting standards for trees, shrubs and groundcovers apply, pursuant to ECDC 20.13. a.2.  Trees that are located within native growth protection areas, critical areas and their associated buffers, or that have otherwise been designated for protection shall not be removed except as provided for in ECDC 17.130.040(F), hazard and nuisance trees, and ECDC 23.10.080(D)(7)(d), critical area hazard tree. b.3.  The director may require the retention of additional trees to meet the stated purpose and intent of this chapter, as required by the critical area regulations (Chapter 23.10 ECDC), or the shoreline master program (ECDC Title 24) or as site-specific conditions demand using SEPA substantive authority. 4.  In addition to the tree retention requirements in subsection (C)(1) of this section, every significant tree that is removed under this chapter must be replaced consistent with the requirements of ECDC 17.130.080. 5.  For developing properties identified in subsection (A) of this section that have fewer than three significant trees, trees shall be retained and/or planted that will result in the site having at least three trees, which will be significant at maturity, per 8,000 square feet of lot area. 2D.  Priority of Tree Retention PrioritiesRequirements. The minimum tree density credit thresholds in subsection (1) of this section shall be exceeded to retain Priority One trees and met to retain Priority Two treesSignificant trees to be retained should be retained in the following order of priority: a1.  Priority One. i.a.  Specimen Viable landmark trees located in required yard setbacks; ii.b.  Significant trees which form a continuous canopy Groves; c.  Significant trees on slope greater than 15 percent; Commented [DP13]: Tree Board recommendation: Do not apply credits to MF, COMM, MU, etc. development if landscaping requirements apply. Commented [DP14]: Tree Board recommendation: Exceed credits with Priority 1 trees. Provides an effective mechanism to maximize landmark tree and grove retention.   Item 3.1       Packet pg. 20/79   Item 3.1       Packet pg. 20/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. d.  Significant trees adjacent to critical areas and their associated buffers e.  Significant trees over 60 feet in height or greater than 18 inches DSH. b2.  Priority Two. ia.  GrovesHealthy tree groupings comprised of native tree species withwhose associated undergrowth that can be preserved; iib.  Viable significant Ttrees located within the required yard setbacks or around the perimeter; iiic.  Viable Ssignificant trees on slope greater than 15 percent; ivd.  Viable sSignificant trees adjacent to critical areas and their associated buffers vc.  Trees that have a screening function or provide relief from glare, blight, or commercial development; vid.  Other significant native evergreen or deciduous trees; and vie.  Other significant non-native trees. 3.  Priority Three. Alders and cottonwoods shall be retained when all other trees have been evaluated for retention and are not able to be retained except where adjacent to open space, wetlands or creek buffers. E.  In considering trees for retention, applicants and the city shall avoid, to the extent known, the selection of trees that are mature and may be a fall hazard, including trees adjacent to utility corridors where falling trees may cause power outages or other damage. 3F.  Site Design AlterationsTree Retention Procedures. If a revised improvement placement would result in exceeding the minimum tree density credit thresholds for the lot with the retention of more and/or higher pPriority One trees, the tree retention and protection plan shallshould be adjusted to: a.  Maximize the retention of higher pPriority One trees; andor b.  Satisfy the minimum tree density creditretention requirements in subsection (D.1) of this section. c. This adjustment in subsection (F)(1) of this section must be done unless the applicant can demonstrate that actual compliance with subsection (C) of this section would make the   Item 3.1       Packet pg. 21/79   Item 3.1       Packet pg. 21/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. proposed development infeasible. In documenting infeasibility, Site Design Alterations include the following: i. Shift or flip the proposed locations of proposed building footprints and driveways; ii. Relocate utilities if feasible, considering gravity and existing main locations; iii. Adjust patio, deck and path design; and iv. Avoid rockery/retaining walls located within tree protection zones. v.Applicants of subdivision and short subdivision must consider implementing variations to development standards using conservation subdivision design as provided for in ECDC 20.75.048. d. Once the location of on-site improvements has been established through city review and applicant revision of the tree retention and protection plan, existing pPriority oOne trees not impacted by the installation of said improvements shallmust be retained toat least to the number of trees required by meet or exceed the minimum tree density credit requirements required by subsection (D) of this section, except for hazard trees and nuisance trees. e. If there are not enough existing viable significant and landmark trees outside of the improved areas of the site to satisfy the tree density credit requirements and priorities in subsection (D) of this section through retention alone, the applicant shall be required to make up the deficiency as follows: fa.  Planting a number of new trees on site in accordance with subsection (E) of this sectionECDC 17.130.080 that would be sufficient, in combination with the number of trees actually retained, to satisfy subsection (D) of this section; and gb.  If it is not feasible for replanting under this subsection, to achieve the required number of treestree density credits for the lot, the applicant shall make a fee-in-lieu payment of $2,500 for every tree not planted pursuant to this subsection (I) of this section. E. Tree Replacement Required. Tree replacement is required for tree cutting permits required by this chapter and/or for tree removal associated with the development types identified in ECDC 17.130.060(A). Each significant tree to be removed shall be replaced as follows; provided, that these replacement ratios shall not apply if the applicant opts to have its tree replacement requirement calculated through an individualized determination pursuant to subsection of this section: This section establishes minimum tree planting standards for trees removed through development activity Commented [DP15]: Added per Legal 8/27   Item 3.1       Packet pg. 22/79   Item 3.1       Packet pg. 22/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. using a tree density credit system. Tree density credits apply to existing trees to incentivize tree retention, while also providing a threshold for replanting based on the zoning and development potential of a lot. 1. For each significant tree between six inches and 10 inches DSH removed, one replacement tree is required. 2. For each significant tree between 10.1 inches and 14 inches in DSH removed, two replacement trees are required. 3. For each significant tree greater than 14 inches in DSH removed, three replacement trees are required. 1. Tree Credit Applicability. The tree credit value corresponding with existing tree DSH is found in Table x. Table x Existing Tree DSH Credit Value 6” up to 10”1 Larger than 10, up to 14”2 Larger than 14, up to 18”3 Larger than 18, up to 22”4 Larger than 22, up to 26” Including landmark trees 5 Larger than 26, up to 30”6 Larger than 30”7 a. b. The maximum number of credits awarded for any one tree is 7 credits. Trees located on property lines shall count for half tree density credits. Trees planted in the right-of-way do not count towards a lot’s tree density credits. For individual lots in a phased short plat or subdivision with an approved tree retention plan, the required tree density shall be calculated for each lot within the short plat or subdivision. c. To calculate required tree credits, divide the square footage of the subject lot by 43,560 (the square footage of one acre). The resulting number is then multiplied by the minimum tree credit threshold requirement for one acre. In calculating required tree credits, any fraction of credits shall be rounded up to the next whole number from a 0.5 or greater value. Example: for a proposed new single-family residence, an 8,500-square-foot lot would need 13 tree credits (8,500/43,560 = 0.195 x 66 credits per acre = 12.87, or round up to 13 credits). The tree density for the lot would be met by retaining two 24-inch landmark trees worth 5 credits each and planting 1 new tree from the Preferred Species Commented [DP16]: V3: Value scale in 2” increments, up to 13 credits. V4: All DBH tables in 050 (non-development replacements), 060 (here: existing tree credit values) and 100 (violation penalties) have been updated for consistency. Tree Board recommendation: use a condensed 1-6 existing tree credit value scale in tandem with lower (88) credit/acre thresholds. Replace landmark trees with 4 new trees regardless of removed DSH. Commented [DP17]: V3: threshold is 110 credits/acre, resulting in 21 total required credits. V4: threshold is 66 credits/acre, resulting in 13 total required credits   Item 3.1       Packet pg. 23/79   Item 3.1       Packet pg. 23/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. List (worth 2 credits) and one non-preferred species (worth one credit) for a total of 13 tree credits. If no existing trees were on the lot, the tree density credits could be met by planting 6 new trees from the Preferred Species List (worth 2 credits) and one non- preferred species (worth one credit) for a total of 13 tree credits. FB.  No tree replacement is required in the following cases: 1.  The tree is hazardous, dead, diseased, injured, or in a declining condition with no reasonable assurance of regaining vigor, for reasons not attributable to the development. 2.  The tTrees is proposed to be relocated to another suitable planting site; provided, that transplant specifications have been approved and relocation complies with the standards in this section. GC.  Prior to any tree removal, the applicant shall demonstrate through a tree protection and replacement plan, critical area mitigation plan, or other plans acceptable to the director that tree replacement will meet the minimum standards of this section. HD.  Tree Replacement Specifications. 1. Replacement trees are awarded one credit. 2. Replacement trees selected from the Preferred Species List are awarded two credits to incentivize planting native conifers and species that attain landmark tree stature at maturity. 3. To incentivize planting trees that will in the future achieve environmental functions provided by grove trees, applicants may consider a reduction of the required tree credits per acre to 50 credits, subject to the following standards: a. A minimum of three replacement trees, selected from the Preferred Species List, shall be planted in a staggered manner with adequate spacing that allows the trees to reach mature size and where canopies will overlap after 20 years of growth; and b. At least one of the three replacement trees shall be planted in a required yard. 4.1.  Minimum sizes for replacement trees shall be: a.  One-and-one-half-inch caliper for deciduous trees; b.  Six feet in height for evergreen trees. 5.2. The director may consider smaller-sized replacement trees if the applicant can demonstrate that smaller trees are more suited to the species, the site conditions, and the purposes of this section, and that such trees will be planted in sufficient quantities to meet the intent of this section. Commented [DP18]: List to be developed w/ implementation Commented [DP19]: New [Legal]: incentives for developers to plant future landmark trees by getting more “points” or credits for those species. Also incentive for planting future groves.   Item 3.1       Packet pg. 24/79   Item 3.1       Packet pg. 24/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. 1.3.  Replacement trees shall be primarily Pacific Northwest native species, trees native to other regions in the U.S, or climate-resilient ornamental species that are known to be non- invasive. IE.  Tree Replacement Fee-In-Lieu. After providing clear documentation to the City, planning and development which may include the applicant’s arborist recommendations that all replacement options have been considered and the Director determines on-site locations are unavailable, and are infeasible, including arborist reports as necessary, the developer applicant shall pay a fee-in-lieu for each replacement trees required but not replaced. 1.  The amount of the fee shall be $2,5001,600 multiplied by the number of trees density credits necessary to satisfy the tree replacement replacement requirements of this section and shall be deposited into the cCity’s Ttree Ffund pursuant to section 17.130.120 of this Chapter. 2.  The fee shall be paid to the cCity prior to the issuance of a tree removal permit or associated development permit. 3.  For each significant tree greater than 24 inches in DSH removed, a fee based on an appraisal of the tree value by the city’s qualified professional using trunk formula method in the current edition of the Guide for Plant Appraisal shall be required; provided, that no appraisal shall be required if the applicant’s tree removal will necessitate the maximum fee-in-lieu, as specified in subsection (E)(4) of this section, without the appraisal. 4.  In no case shall the fee-in-lieu payments required by this subsection exceed $4.00 per square foot of lot area. 3. The Director is authorized to adjust the fee-in-lieu value periodically to reflect current costs of materials and labor. G.  If a development retains at least 50 percent of the significant trees on a site, the fee-in-lieu provisions of ECDC 17.130.080(E) do not apply. JF.  Individualized Determination. An applicant who believes that the replacement ratios and fees in lieu provisions of subsection (E-IA) of this section are disproportionate to the impact of its tree removal may opt to calculate an alternative replacement ratio using an individualized determination of impact and impact mitigation as provided in this subsection. 1.  To calculate an alternative replacement ratio under this subsection, the applicant must submit a Type 1 Design Review permitpay a supplemental fee as set forth in the city’s fee schedule and retain a qualified professional to perform the replacement calculation. The qualified professional shall use best available scienceestablished methodologies to quantify the environmental value of the trees that will be removed as a direct result of the development, Commented [DP20]: Tree Board recommendation: assess $1,600 per required credit fee in lieu. Commented [DP21]: Tree Board recommendation: eliminate fee in lieu “cap” (4) or limitations that prevent mitigating trees removed with development (G). Commented [DP22]: Revisions per Legal 8/27   Item 3.1       Packet pg. 25/79   Item 3.1       Packet pg. 25/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. such as. In doing so, the qualified professional shall evaluate, at least, the following factors in its calculation: a.  The Functional Replacement Cost standard to establish the utility, benefit, or function of the subject trees as established in the Guide for Plant Appraisal most recent revision by the Council of Tree and Landscape AppraisersCarbon sequestration; b.  The value of ecosystem services such as pollution removal, carbon sequestration and other benefits provided by the subject trees through an i-Tree Eco or equivalent analysis. Air quality; c.  Stormwater mitigation; d.  Shade and temperature regulation; e.  Biodiversity support; f.  Erosion control. Once the environmental value of the trees to be removed has been calculated, Tthe applicant’s qualified professional shall develop an on-site tree replacement plan that, using the same factors, is likely, within 20 years of planting, to yield the same environmental value of the trees being removed within 20 years of planting. The replacement plan shall specify the number, species, size at planting, and location of each tree to be replaced pursuant to the plan. If the qualified professional determines that it is not feasible to yield the same environmental value of the trees being removed within 20 years on the subject property, it shall calculate the calculated replacement value that would be achieved in 20 years and propose shall be paid as a fee-in-lieu for the removal of on-site trees through development payment that allows the city to achieve the remaining value off site; provided, that the plan must show that at least 50 percent of the environmental value would be replaced on site in 20 years. 2.  The individualized determination of impact and impact mitigation is subject to City design review and approval, approval with conditions, or denialshall undergo peer review by a qualified professional. If the peer review results in a more burdensome replacement plan, the city will condition the permit on the peer-reviewed replacement plan, giving the applicant an opportunity to appeal the permit determinationmore burdensome plan to the hearing examiner. G.  Removal of Protected Trees. If it becomes necessary to remove a protected tree, the replacement ratio for replacementstandards of the for protected tree replacement shall be governed by the replacement specificationsan individualized determination as provided in subsection (EF) of this section.   Item 3.1       Packet pg. 26/79   Item 3.1       Packet pg. 26/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. 17.130.070 Tree protection measures during development. Prior to development activity or initiating tree removal on the site, vegetated areas, individual trees and soil to be preserved in accordance with ECDC 17.130.060(D) shall be protected from potentially damaging activities pursuant to the following standards, in order of construction sequencing: A.  Preconstruction Meeting Required. Prior to the commencement of any permitted clearing and grading activity, a preconstruction meeting shall be held on site with the applicantpermittee and appropriate city staff. The project site shall be marked in the field as follows: 1.  The extent of clearing and grading to occur; 2.  Delineation and protection of any critical areas and critical area buffers with clearing limit fencing; 3.  Flagging of trees to be removed and tags on trees to be retained; and 4.  Property lines. B.  Placing Materials Near Trees. No person may conduct any activity within the protected area of any tree designated to remain, including, but not limited to, operating or parking equipment, placing solvents, storing building material or stockpiling any materials, or dumping concrete washout or other chemicals. During construction, no person shall attach any object to any tree designated for protection. BC.  Protective Barrier. Before development, land clearing, grading, filling or any land alteration, the applicant shall: 1.  Erect and maintain readily visible temporary protective tree fencing along the limits of disturbance which completely surrounds the protected area of all retained trees, groups of trees, vegetation and native soil. Tree protective fencing shall be a minimum height of three feet, visible and of durable construction; orange polyethylene laminar fencing is acceptable. 2.  Install highly visible signs spaced no further than 15 feet apart along the entirety of the protective tree fencing. Said sign shallmust be approved by the director and shall state, at a minimum, “Tree and Soil Protection Area, Entrance Prohibited,” and provide the city phone number for code enforcement to report violations. 3B.  Placing Materials Near Trees. No person may conduct any activity within the protected area of any tree designated to remain, including, but not limited to, operating or parking equipment, placing solvents, storing building material or stockpiling any materials, or dumping concrete washout or other chemicals. During construction, no person shall attach any object to any tree designated for protection.   Item 3.1       Packet pg. 27/79   Item 3.1       Packet pg. 27/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. 43.  Prohibit excavation or compaction of soil or other potentially damaging activities within the barriers; provided, that the director may allow such activities as proposedapproved by a qualified professional arborist and under the supervision of a qualified professional arborist retained and paid for by the applicant. 54.  Maintain the protective barriers in place for the duration of the project until the director authorizes their removal. 65.  Ensure that any approved landscaping done in the protected zone subsequent to the removal of the barriers shall be accomplished with machinery from outside the protected zone or by hand. 76.  Limit the time period that the tree protection critical root zone is covered by mulch, plywood, steel plates or similar materials, or by light soils to 12 months, to protect the tree’s critical root zone. 87.  In addition to the above, the director may require the following: a.  If equipment is authorized to operate within the tree protectionprotected zone, the soil and mowed vegetationand critical root zone of a tree must shall be covered with mulch to a depth of at least six inches or with plywood, steel plates or similar material in order to protect roots and soil from compactiondamage caused by heavy equipment. b.  Encourage new root generation and Mminimize root damage by exposing roots hand- excavating a two-foot-deep trench, at the outer boundary of theedge of critical root tree protection zone using air excavation tolls or hand-digging, to cleanly sever the roots of retained trees to be retained. Never cut, rip or shred roots with heavy equipment. c.  PreventativeCorrective pruning performed on retainedprotected trees in order to avoid damage from equipment operationmachinery or constructionbuilding activity. d.  Maintenance of trees throughout construction period by watering and fertilizing. e. Aftercare such as monitoring, watering, mulching, etc. CD.  Grade. 1.  The grade shall not be elevated or reduced within the tree protectioncritical root zones of trees to be preserved without the director’s authorization based on recommendations from a qualified professional arborist. The director may allow coverage of up to one-half of the area of the tree’s critical root zone with light soils (no clay) to the minimum depth necessary to carry out grading or landscaping plans, if it will not imperil the survival of the tree. Soil decompaction Aeration devices may be required to ensure the tree’s survival.   Item 3.1       Packet pg. 28/79   Item 3.1       Packet pg. 28/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. 2.  If the grade adjacent to a retainedpreserved tree is raised such that it could slough or erode into the tree’s tree protectioncritical root zone, it shall be permanently stabilized to prevent soil erosion and suffocation of the roots compaction. 3.  The applicant shall not install an impervious surface within the tree protectioncritical root zone of any retained tree to be retained without thedirector authorization of the director. The director may require specific construction methods and/or use of aeration devices to ensure the tree’s survival and to minimize the potential for root-induced damage to adjacent the impervious surfaces. 4.  To the greatest extent practical, utility trenches shall be located outside of the tree protectioncritical root zone of retained trees to be retained. The director may require that utilities be tunneled under the roots of retained trees to be retained if the director determines that trenching would significantly reduce the chances of the tree’s survival. 5.  Trees and other vegetation to be retained shall be protected from erosion and sedimentation. Clearing operations shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time. To control erosion, it is encouraged that shrubs, ground cover and stumps be maintained on the individual lots, where feasible. 6.  The director may approve the use of alternative tree protection techniques if those techniques provide an equal or greater degree of protection than the techniques listed in this subsection. DE.  Directional Felling. Directional felling of trees shall be used to avoid damage to trees designated for retention. EF.  Additional Requirements. The director may require additional tree protection measures that are consistent with accepted urban forestry industry practices. 17.130.080 Tree replacementLandscaping Requirements (placeholder). A.  F.  Individualized Determination. An applicant who believes that the replacement ratios of subsection (A) of this section are disproportionate to the impact of its tree removal may opt to calculate an alternative replacement ratio using an individualized determination of impact and impact mitigation as provided in this subsection.   Item 3.1       Packet pg. 29/79   Item 3.1       Packet pg. 29/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. 1.  To calculate an alternative replacement ratio under this subsection, the applicant must pay a supplemental fee as set forth in the city’s fee schedule and retain a qualified professional to perform the replacement calculation. The qualified professional shall use best available science to quantify the environmental value of the trees that will be removed as a direct result of the development. In doing so, the qualified professional shall evaluate, at least, the following factors in its calculation: a.  Carbon sequestration; b.  Air quality; c.  Stormwater mitigation; d.  Shade and temperature regulation; e.  Biodiversity support; f.  Erosion control. Once the environmental value of the trees to be removed has been calculated, the qualified professional shall develop an on-site tree replacement plan that, using the same factors, is likely, within 20 years of planting, to yield the same environmental value of the trees being removed. The replacement plan shall specify the number, species, size at planting, and location of each tree to be replaced pursuant to the plan. If the qualified professional determines that it is not feasible to yield the same environmental value of the trees being removed within 20 years, it shall calculate the replacement value that would be achieved in 20 years and propose a fee-in-lieu payment that allows the city to achieve the remaining value off site; provided, that the plan must show that at least 50 percent of the environmental value would be replaced on site in 20 years. 2.  The individualized determination of impact and impact mitigation shall undergo peer review by a qualified professional. If the peer review results in a more burdensome replacement plan, the city will condition the permit on the peer-reviewed replacement plan, giving the applicant an opportunity to appeal the more burdensome plan to the hearing examiner. G.  Removal of Protected Trees. If it becomes necessary to remove a protected tree, the replacement ratio for replacement of the protected tree shall be governed by an individualized determination as provided in subsection (F) of this section. 17.130.090 BondingTree and Landscape Maintenance Requirements.   Item 3.1       Packet pg. 30/79   Item 3.1       Packet pg. 30/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. The director may require a performance bond for tree replacement and site restoration to ensure the planting of replacement trees, and/or compliance with other landscaping requirements as identified on the approved site plans. The applicant, landowner, or successors in interest shall be responsible for the regular maintenance of trees that were required to be retained or planted with development. Maintenance shall be ensured in the following manner: A. New low density residential, short subdivision, subdivision, accessory dwelling unit, detached accessory dwelling unit, duplex or triplex development up to 4 units per parcel. Any existing trees or trees planted pursuant to ECDC 17.130.060 shall be maintained for a period of five years following issuance of the certificate of occupancy. A five-year tree maintenance agreement shall be recorded with the Snohomish County Recorder’s office on the document approved by the City Attorney. After five years, all trees on the property are subject to ECDC 17.130. B. Multifamily, Commercial, and Mixed-Use Development. All required landscaping installed pursuant to ECDC 20.13 are subject to performance and maintenance bonds. Plants that die must be replaced in kind. Following bond release, trees are defined as protected, and all trees and vegetation shown on an approved required landscaping plan shall be maintained throughout the life of the development. 1B.  The bond shall be in the amount of 120 percent of the estimated cost of implementation of the tree replacement and/or site restoration including trees, irrigation and labor. 2C.  A five-year maintenance bond shall be required after the installation of required site improvements and prior to the issuance of a certificate of occupancy or finalization of permit and following required landscape installation and/or tree replacement. The maintenance bond shall be in place to ensure adequate maintenance and protection of replaced trees and site improvements. The maintenance bond shall be for an amount of 50 percent of the performance bond in subsection (B) of this section. 17.130.100 Violation, enforcement and penalties. This section applies to all trees in the city, including private property trees, public property trees and street trees. Enforcement shall be conducted in accordance with procedures set forth in ECDC 20.110. Noncompliance with any section of this chapter constitutes a violation of this code. Commented [DP23]: Tree Board recommendation: supports 5-year maintenance agreement to avoid accidental removals and ensure new tree establishment, noticed on title for greater awareness. Commented [DP24]: Tree Board recommendation: continue to apply bonds to trees planted in required landscapes (MF, COMM, Mixed Use, etc.)   Item 3.1       Packet pg. 31/79   Item 3.1       Packet pg. 31/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. AB.  A violation of any of the provisions of this chapter shall constitute a misdemeanor and shall be punishable as provided in Chapter 5.50 ECC. B1.  Aiding or Abetting. Any person who, through an act of commission or omission, procures, aids or abets in the violation shall be considered to have committed a violation for the purposes of the penalty. All persons who have been found to commit a violation under this chapter shall be responsible for an equal share of any penalties imposed under subsection (C)(1) of this section. C2.  Civil Penalties. Any person violating any provisions of this chapter may be subject to civil penalties in addition to any criminal penalties. 1.Fines. Pursuant to Chapter 64.12 RCW, the city may be entitled to triple the amount of civil damages claimed or assessed. The extent of the penalty shall be determined according to one or more of the following: a.  An amount reasonably determined by the director to be equivalent to the costs estimated by the city to investigate and administer the infraction; b.  The economic benefit that the violator derives from the violation (as measured by the greater of the resulting increase in market value of the property or the value received by the violator or savings of construction costs realized by the violator performing any act in violation of this chapter); c.  Removal of existing 12-inch diameter or larger trees in violation of this chapter will require an appraisal of the tree value by the city’s qualified professional using trunk formula method in the current edition of the Guide for Plant Appraisal. The cost of the appraisal shall be paid by the person(s) who removed existing trees in violation of this chapter; cd.  Penaltiesy for illegal removal of trees shall be assessed based on the tree density credit equivalent of the unlawfully removed or damaged tree diameter (DSH) multiplied by $3,200$1,500 per tree less than 12 inches in diameter and the appraised value of trees 12 inches or more in diameter. Penalties shall be paid into the city tree fund. If diameter of removed tree is unknown, determination of the diameter size shall be made by the city arborist by comparing size of stump and species to similar trees in similar growing conditions. Fines for the removal of Protected trees are assessed 1.5 times the fine for a tree that is not protected. If the DSH of an unlawfully removed or damaged tree cannot be established, the diameter of the remaining stump top shall be used in lieu of DSH. In cases where the stump has been removed, the city will approximate the size of removed tree(s) based on available evidence, and if there is inadequate evidence the city shall assess a minimum $10,000 civil penalty fine per unlawfully removed tree. Fines may be assessed against the responsible party in addition to the cost(s) of restoration. The director may Commented [DP25]: Tree Board recommendation: strike “misdemeanor” language.   Item 3.1       Packet pg. 32/79   Item 3.1       Packet pg. 32/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. elect not to seek fines if it is determined that the circumstances do not warrant imposition of fines in addition to the cost(s) of restoration.; Unlawfully Removed or Damaged Tree DSH or Stump Diameter Fines per Tree Fines per Protected Tree through easement, tracts, or similar mechanisms Less than 6”None $1,000 6” up to 10”$6,400 $9,600 Larger than 10, up to 14”$9,600 $14,400 Larger than 14, up to 18”$16,000 $24,000 Larger than 18, up to 22”$22,400 $33,600 Larger than 22, up to 26”$28,800 $43,200 Larger than 26, up to 30”$35,200 $52,800 Larger than 30”$28,400 $57,600 Tree stump has been eliminated $10,000 $15,000 e.  The cost of replacing and replanting the trees and restoring the disturbed area according to a specific plan approved by the city. Violators of this chapter or of a permit issued thereunder shall be responsible for restoring unlawfully damaged areas in conformance with a plan, approved by the director, that provides for repair of any environmental and property damage, and restoration of the site; and which results in a site condition that, to the greatest extent practical, is equivalent to the site condition that would have existed in the absence of the violation(s); f.  If illegal tree topping has occurred, the property owner shall be required to have a certified arborist develop and implement a five-year pruning schedule in addition to monetary fines and/or required tree replacement. e3.  Civil penalties under this section shall be imposed pursuant to Chapter 20.110 ECDC, Civil Violation – Enforcement Procedure. The notice shall order the acts constituting the violation to cease and desist, or, in appropriate cases, require necessary corrective action within a specific time, or any other remedy set forth within the city code or state law. f4.  Any fiscal penalty recovered under this section shall be deposited in the city’s tree fund as established herein section 120 Chapter ECDCChapter 3.95 ECC. D. Tree and Site Restoration. The cost of replacing and replanting the trees and restoring the disturbed area according to a specific plan approved by the city. Commented [DP26]: Tree Board recommendation: Penalty fines should be double a $1,600 fee-in-lieu cost per credit (based on a 1-6 credit value scale).   Item 3.1       Packet pg. 33/79   Item 3.1       Packet pg. 33/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. 1. Violators of this chapter or of a permit issued thereunder shall be responsible for restoring unlawfully damaged areas in conformance with a plan, approved by the director, that provides for repair of any environmental and property damage, and restoration of the site; and which results in a site condition that, to the greatest extent practical, is equivalent to the site condition that would have existed in the absence of the violation(s); 2f.  If illegal tree topping has occurred, the property owner shall be required to have a certified arborist develop and implement a five-year pruning schedule in addition to monetary fines and/or required tree replacement. 17.130.110 Liability. A.  Liability for any adverse impacts, damages or injury resulting from work performed in accordance with any permit issued by the city under ECDC 17.130.030 shall be the sole responsibility of the permit applicant and/or owner of the property or site for which the permit was issued, and shall not be the responsibility of the city of Edmonds. Issuance by the city of any permit under this chapter shall not be construed as an assumption of any risk or liability by the city of Edmonds, nor as a warranty or guarantee that the work authorized by the permit will have no adverse impact or will cause no damages or injury to any person or property. B.  Issuance by the city of a permit under ECDC 17.130.030 and/or compliance by the applicant and/or property owner with any permit conditions therein shall not relieve an applicant and/or property owner from any responsibility otherwise imposed by law for any adverse impacts, injury or damage to persons or property resulting from the work authorized by any permit issued under this chapter. C.  Nothing contained in this chapter shall be deemed to relieve any property owner within the city limits from the duties imposed under Chapter 9.25 ECC to keep any tree or vegetation upon his property or under his control in such condition as to prevent it from constituting a hazard or a nuisance. D.  The amount of any security required as part of any land development permit with which tree removal is associated shall not serve as a gauge or limit to the compensation that may be owed by a property owner as a result of injury or damages to persons or property resulting from any tree removal authorized under this chapter. 17.130.120 Tree Fund.   Item 3.1       Packet pg. 34/79   Item 3.1       Packet pg. 34/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026. A. There is hereby created and established a fund known as the “tree fund.” B. Funding sources. Monies for the tree fund shall come from the following sources: 1. All revenue, mitigation fees, civil fines, and penalties received by the city under Chapter 23.10 17.130 ECDC; 2. All civil penalties received under Chapter 23.40 ECDC; 3. Donations and grants for tree purposes; and 4. Other monies allocated by the city council. C. Funding purposes. Monies in the tree fund may be used for the following purposes, as reviewed and approved by the city: 1. Providing tree vouchers to individuals purchasing and planting trees in the city of Edmonds; 2. Paying for services provided by a qualified tree professional; 3. Paying for services that support the urban forest management and health; 4. Acquiring, maintaining, and preserving wooded areas within the city; 5. Purchasing supplies and materials for the city’s observance of Arbor Day or other educational purchases; 6. Purchasing and planting of trees by the city of Edmonds, including planting street trees within the right-of-way; 7. Other purposes relating to trees as determined by the city council. D. Monies from the tree fund shallmust not be used to purchase trees required for replacement under the conditions in Chapter 23.1017.130 ECDC, nor used to purchase trees required for replacement under the conditions of a violation. Further, they cannot be used in any manner that will profit the grantee. E. Monies deposited into the tree fund for a fee in lieu of tree replacements as provided for in ECDC 23.10.17.130.0860(IE) shallmust be used to purchase trees for planting or acquiring and preserving wooded areas and open space.   Item 3.1       Packet pg. 35/79   Item 3.1       Packet pg. 35/79 Chapter 17.130 ECDC, Tree Related Regulations ATTACHMENT 2 The Edmonds Community Development Code is current through Ordinance 4427, passed January 15, 2026.   Item 3.1       Packet pg. 36/79   Item 3.1       Packet pg. 36/79 City Council Study Session 2026 Tree Code Update Reading #7 September 9, 2026 Deb Powers, Urban Forest Planner   Item 3.1       Packet pg. 37/79   Item 3.1       Packet pg. 37/79 Sept 9 2CITY OF EDMONDS 2026 Tree Code Update Study Session •No formal action required •Provide feedback on public comment received at the 9/8 public hearing •Discuss considerations for further changes to the tree code   Item 3.1       Packet pg. 38/79   Item 3.1       Packet pg. 38/79 3CITY OF EDMONDS Tree Code Update Project Scope •Establish citywide tree canopy cover goal •Define landmark trees, determine appropriate regulatory approach •Explore strategies to slow canopy loss not associated with development •Consider code changes for consistency and clarity based on policy guidance, best practices, prior analysis and stakeholder feedback.   Item 3.1       Packet pg. 39/79   Item 3.1       Packet pg. 39/79 4CITY OF EDMONDS Tree Code Update •Code complexity, length and inconsistencies •Discretionary vs. predictable code requirements •Complicated development review standards •View/view covenants • Alternatives That address code issues:   Item 3.1       Packet pg. 40/79   Item 3.1       Packet pg. 40/79 5CITY OF EDMONDS Tree Code Update •Current code: none •Interim Ordinance: 30” DBH •PB Recommendation: 24” DBH + four species with 8-12” DBH •Consider: 24” DBH only, or species applicable to development only Landmark Tree Definition ECDC 17.130.020   Item 3.1       Packet pg. 41/79   Item 3.1       Packet pg. 41/79 6CITY OF EDMONDS Tree Code Update •Current code: none •TB/PB Recommendation: none •Consider: proposed Exemption in 17.130.030.D.6 and 2027 UDC update view regulations View Concerns Chapter-wide   Item 3.1       Packet pg. 42/79   Item 3.1       Packet pg. 42/79 7CITY OF EDMONDS Tree Code Update •Current code: unlimited •PB Recommendation: very limited removal allowance + 2-3 paid tree removal permits •Consider: allowances based on property size + paid permits for hazard/nuisance removals Property Owner Tree Removal ECDC 17.130.030.C and 050.A   Item 3.1       Packet pg. 43/79   Item 3.1       Packet pg. 43/79 8CITY OF EDMONDS Tree Code Update •Current code: none •PB Recommendation: none •Tree Board Recommendation: supports •Consider: forest stand management option Forest Stewardship Plan ECDC 17.130.050.C   Item 3.1       Packet pg. 44/79   Item 3.1       Packet pg. 44/79 9CITY OF EDMONDS Tree Code Update •Current code: none (discretionary) •Planning Board: new decks, parking lots, etc. 500 sf or greater apply 6 credit/acre thresholds •Tree Board: none •Consider: Raise sf threshold to 2,000 sf, omit retaining walls, apply 1 credit/acre threshold. Or, strike proposed draft code. Site Improvements ECDC 17.130.060.B.5   Item 3.1       Packet pg. 45/79   Item 3.1       Packet pg. 45/79 10CITY OF EDMONDS Tree Code Update •Current code: retain 30% LDR, 24% MF •Planning Board: 6 LDR credit thresholds •Tree Board: supports 1 LDR credit threshold •Consider: 1 LDR credit threshold (66/acre) or maintain current percentage system Tree Density Credits ECDC 17.130.060.D.1   Item 3.1       Packet pg. 46/79   Item 3.1       Packet pg. 46/79 11CITY OF EDMONDS Tree Code Update •Site improve/remodels, (D)ADUs >500 sq ft: 110, 88, 66 credits/acre •Low density residential <4 units: retain/plant 110, 88, 66 credits/acre •Conservation Subdivisions: 132, 110, 88 credits/acre •Multifamily 5+ units: Landscaping requirements apply •Commercial, Mixed Use, etc: Landscaping requirements apply •Demolition: no tree removal, except by Director approval “Tiered” Tree Density Credits PB Recommendation   Item 3.1       Packet pg. 47/79   Item 3.1       Packet pg. 47/79 CITY OF EDMONDS Tree Code Update 12   Item 3.1       Packet pg. 48/79   Item 3.1       Packet pg. 48/79 13CITY OF EDMONDS Tree Code Update •Current code: vague, redundant, confusing •Planning Board: supports if clarified further •Tree Board: supports •Consider: no alternatives, adopt with any minor changes Priorities and Site Design ECDC 17.130.060.D.2-3   Item 3.1       Packet pg. 49/79   Item 3.1       Packet pg. 49/79 14CITY OF EDMONDS Tree Code Update •Current code: none •Planning Board: undecided •Tree Board: undecided •Consider: no alternatives, adopt with any minor changes Replanting Incentives ECDC 17.130.060.H   Item 3.1       Packet pg. 50/79   Item 3.1       Packet pg. 50/79 Next Steps 15CITY OF EDMONDS Tree Code Update City Council Study Sessions Consider Feedback Adoption   Item 3.1       Packet pg. 51/79   Item 3.1       Packet pg. 51/79 For discussion if needed   Item 3.1       Packet pg. 52/79   Item 3.1       Packet pg. 52/79 CITY OF EDMONDS Tree Code Update 17 Tree Density Credit Outcomes Retain Existing Trees #1 #5 #6 35% structural lot coverage + Driveway, paths, etc. 30” Cedar 8” Japanese Maple 22” Doug Fir 10” Cherry Tree 12” Maple Tree Small lot: 6,750 sf Edmonds LDR Zoning allows: •35% structural coverage •Additional for driveways, paths, etc. •Setbacks = successful tree retention 6” Arborvitae   Item 3.1       Packet pg. 53/79   Item 3.1       Packet pg. 53/79 CITY OF EDMONDS Tree Code Update 18 Tree Density Credit Outcomes Mitigate Few/No Trees #1 #5 #6 35% structural lot coverage + Driveway, paths, etc. Average size lot: 8,500 sf Do proposed TDC/acre thresholds result in… •Sustainable tree planting on site? •Right tree, right place? •Reasonable fees in lieu?   Item 3.1       Packet pg. 54/79   Item 3.1       Packet pg. 54/79 CITY OF EDMONDS Tree Code Update 19 Tree Density Credit Outcomes Multifamily Development 5+ units 5 #1 #5 #6 •45% structural coverage •No setbacks, narrow buffers (5’-15’ wide) •Landscaping + parking lot requirements apply (specific # trees, shrubs, groundcover, etc.) •+Parking lot in rear, ped/car access, fire, etc. •Credits often default to fees in lieu 45% structural lot coverage   Item 3.1       Packet pg. 55/79   Item 3.1       Packet pg. 55/79 CITY OF EDMONDS Tree Code Update 20 Tree Density Credit Outcomes COMM, Mixed Use, etc. #1 #5 •Applies to BD/NCH/CG zones •No setbacks, no landscaping buffers •+Vehicle/pedestrian access, amenity space. •Parking requirements, design standards apply (foundation plantings, planters, etc.) •Low opportunity for retaining existing trees, unless applicant opts out of full development potential allowed by zoning. 90%+ structural lot coverage   Item 3.1       Packet pg. 56/79   Item 3.1       Packet pg. 56/79 City Council Agenda Item 4.1 September 9, 2026 - Study Session TITLE:Addendum No. 1 to the Market Special Event Agreement adding Winter Market Dates (First Reading) DEPARTMENT:Parks and Recreation PRESENTER:NA NEEDED FROM COUNCIL:Action RECOMMENDATION:Forward item to future consent agenda. BUDGET: Total Dollar Amount:NA ☐ Approved in Budget Fund(s):NA ☐ Budget Reallocation Required ☒ No Budget Impact PROBLEM/ISSUE STATEMENT: The Edmonds-South Snohomish County Historical Society that operates the Summer Market downtown Edmonds will now operate the Winter Markets, those dates need to be added to their event agreement via an addendum. CONTEXT, ANALYSIS, & ALTERNATIVES: In prior years the City operated the Winter (Holiday & Cabin Fever) Markets and the Edmonds- South Snohomish County Historical Society operated the Summer Market. Moving forward the Edmonds-South Snohomish County Historical Society will operate all of the markets year round utilizing the same footprint and operating guidelines as are approved in their Summer Market agreement. This addendum has been drafted by Lighthouse Law Group to add the additional dates to the existing agreement. RECOMMENDATION: Forward item to future consent agenda. BUDGET IMPACTS: Any budget impact will positively impact the general fund as staff will no longer be running these markets or contracting with market service providers that will all be the responsibility of the Edmonds-South Snohomish County Historical Society. ITEM HISTORY: The current agreement (attached) was approved by Council on March 17, 2026 and approved on March 24, 2026 and signed by all parties on March 27, 2026. ADDITIONAL INFORMATION:   Item 4.1       Packet pg. 57/79   Item 4.1       Packet pg. 57/79 ATTACHMENTS: Addendum No. 1 to 2026 Summer Market Event Agreement – Winter Market.pdf 2026 Summer Market Event Agreement_Executed.pdf   Item 4.1       Packet pg. 58/79   Item 4.1       Packet pg. 58/79 1 ADDENDUM NO. 1 TO EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY Addition of Winter Market – November 2026 – April 2027 THIS ADDENDUM NO. 1 (“Addendum”) is entered into by and between the CITY OF EDMONDS (the “City”) and the EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY (the “Historical Society”) (collectively, the “Parties”), and amends that certain Event Agreement between the Parties dated March 27, 2026, for Event Dates May 2 through October 24, 2026 (the “Agreement”). WHEREAS, the Parties entered into the Agreement establishing the terms and conditions for the Historical Society's operation of the Summer Market on the dates and at the locations described therein; and WHEREAS, the Historical Society has requested, and the City has agreed, to extend the Historical Society’s responsibilities under the Agreement to include a Winter Market to be held on certain Saturdays in November and December 2026 and January, February, March and April 2027; and WHEREAS, the Parties desire that the Winter Market be governed by the same responsibilities, terms and conditions applicable to the Summer Market under the Agreement, except as to the dates of operation; and WHEREAS, Section 3.1 of the Agreement provides that the Agreement may be amended in writing with the express written consent of the Parties; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Addition of Winter Market. 1.1 Winter Market Dates. The Agreement is hereby amended to add a “Winter Market” to be operated by the Historical Society on the following Saturdays (the “Winter Market Dates”): Saturday, November 7, 2026 Saturday, November 14, 2026 Saturday, November 21, 2026 Saturday, December 5, 2026 Saturday, December 12, 2026 Saturday, December 19, 2026 Saturday, January 16, 2027 Saturday, January 30, 2027 Saturday, February 13, 2027 Saturday, February 27, 2027 Saturday, March 13, 2027   Item 4.1       Packet pg. 59/79   Item 4.1       Packet pg. 59/79 2 Saturday, March 27, 2027 Saturday, April 10, 2027 Saturday, April 24, 2027 1.2 Incorporation of Summer Market Responsibilities. Except as expressly modified by this Addendum, all rights, responsibilities and obligations of the City and the Historical Society set forth in Section 1 (Responsibilities of the City) and Section 2 (Responsibilities of the Historical Society) of the Agreement, including without limitation those relating to use of the right of way, vendor parking, fire and life-safety inspections, barricades and signage, waste and recycling, insurance, public forum obligations, plastic bag and food service container restrictions, indemnification, non-discrimination, the smoking ban, security, fire watch, portable sanitation, stewardship of Veterans Plaza, garbage removal, letters of support from impacted businesses, site cleanup and restoration, and payment of permit fees, will apply equally to the Winter Market as if fully set forth herein, substituting “Winter Market” for “Summer Market” and the Winter Market Dates for the Summer Market dates, wherever the context so requires. 1.3 Hours of Operation. Unless the Parties otherwise agree in writing, the Winter Market will follow the same set up, opening, and takedown hours specified in Section 2.15 of the Agreement for the Summer Market: set up from 6:00 a.m. to 9:00 a.m. (6:00 a.m. start on 5th Avenue; 6:30 a.m. start on Bell Street); open from 9:00 a.m. to 2:00 p.m.; and takedown from 2:00 p.m. to 3:30 p.m. 1.4 Location. The Winter Market will be held using the same right-of-way areas described in Section 1.1 of the Agreement and depicted in Attachment A to the Agreement, unless the Parties agree in writing to a different configuration. 1.5 Insurance and Permit Fees. The insurance requirements in Section 2.7 and the permit fee obligations in Section 2.24 of the Agreement apply to the Winter Market, and the Historical Society will ensure its Certificate of Insurance and permit fee payments account for the Winter Market Dates. 2. No Other Changes. 2.1 Except as expressly amended by this Addendum, all other terms and conditions of the Agreement remain in full force and effect and are hereby ratified and confirmed. In the event of any conflict between this Addendum and the Agreement, this Addendum will control solely with respect to the addition of the Winter Market. 2.2 This Addendum may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have executed this Addendum as of the date last signed below. DATED this ______ day of ________________ 2026.   Item 4.1       Packet pg. 60/79   Item 4.1       Packet pg. 60/79 3 CITY OF EDMONDS: EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY: Mike Rosen, Mayor Arnold Lund, President ATTEST/AUTHENTICATED: Luke Lonie, City Clerk APPROVED AS TO FORM: Office of the City Attorney   Item 4.1       Packet pg. 61/79   Item 4.1       Packet pg. 61/79 1 EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY Event Dates – May 2-October 24, 2026 THIS AGREEMENT (“Agreement”) is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the “City”), and the EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY (hereinafter referred to as the “Historical Society”) (collectively, the “Parties”). WHEREAS, the Edmonds-South Snohomish County Historical Society has operated in the past a summer market (“Summer Market”) to provide a marketplace for Edmonds residents to display their wares, which uniquely promotes artists and other small businesspersons and their products; and WHEREAS, the Parties, vendors, patrons and businesses located along 5th Avenue between Main and Bell Streets are supportive of continuing the Summer Market to commence the first Saturday in May and conclude the fourth Saturday in October, excluding Saturday, July 4; and WHEREAS, the City Council finds that in addition to providing an opportunity for economic development and a recreational resource to the citizens of Edmonds, the Summer Market promotes tourism to the community and could provide an initial springboard for the development of a small business; and WHEREAS, the City Council finds that the Summer Market provides an important opportunity for local farmers to provide fresh food to the community; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the Historical Society 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 (some Historical Society responsibilities included). 1.1 Summer Market (May 2 through October 24): The City will provide use of the right of way on Bell Street between 5th and 6th Avenues and on 5th Avenue between Main Street and the Southern edge of the South parking lot entrance to the Public Safety parking lot, as well as the area of Bell Street west of 5th Avenue, as depicted on the map in Attachment A, for farmer/producer-based vendors each Saturday. The City reserves the right to remove the area of Bell Street west of 5th Avenue from the approved right of way area at any time in its sole discretion. Docusign Envelope ID: D26725F0-4AEA-8027-815C-7FC8859E82F2   Item 4.1       Packet pg. 62/79   Item 4.1       Packet pg. 62/79 2 1.2 The City will allow vendor parking on the south, east and west sides of the police parking lot each Saturday for the Summer Market, as well as in the parking area under the City Hall building. 1.3 All use and configuration of tents and other temporary facilities used in the Summer Market will be inspected and reviewed prior to the event by the City’s designated fire official in accordance with the provisions of the Open-Air Market Ordinance and the South County Fire Requirements for “Outdoor Assembly Events” checklist set forth in Attachment B, attached hereto and incorporated herein by this reference. Tarps, tents, canopies and covers will be tested and labeled for fire resistance. The Historical Society will ensure that all participants adhere to all provisions of State and local law to ensure that no lasting or permanent damage is done to any public facility or property. The Fire Marshal or the City, in accordance with its lawful authority under statute and ordinance, may use their discretion to cancel this event or to prohibit the attendance of the general public in certain areas when doing so would be a violation of state law or local ordinance. In addition, all vendors utilizing tents or other temporary structures and all food truck vendors will be subject to field inspection by the Fire Marshal Office (“FMO”). Prior to the Event, the Historical Society will provide all food truck vendors with the “Regional Fire Marshals Mobile Food Preparation Vehicle Inspection Checklist,” attached hereto as Attachment C and incorporated herein by this reference. 1.4 The City will place ten (10) barricades, ten (10) “No Parking” A-frame signs, and two (2) “Local Access Only” signs behind the Museum prior to May 1 for the duration of the Summer Market. The Historical Society will be responsible for placing and removing these barricades and signs for each Saturday market. The Historical Society will place the ten (10) portable A-frame “No Parking on Saturdays” signs, each clearly marked with the day and hours that parking is prohibited, on the north and south sides of Bell Street and the east side of 5th Avenue between Bell and the Public Safety parking lot at least seventy-two (72) hours prior to each Saturday market and remove them at the end of each market day. If the A-frame signs are not in place at least 72 hours in advance, the City will not be able to enforce the parking prohibition. 1.5 The City will place rope and signage around the Holiday Tree requesting people not to enter the landscaped area. 1.6 The City will install appropriate “No Parking on Saturdays” signage on the street poles on 5th Avenue North between Main and Bell Streets and on Bell Street between 5th Avenue North and 6th Avenue by April 24, 2026. 1.7 The City will supply wire frames and appropriate bags for compostable and recyclable waste and will bill the Historical Society for collection bags required at the Summer Market. The Historical Society will be responsible for transporting any items deposited in these containers to the collection site located along the south wall of Fire Station 17. Docusign Envelope ID: D26725F0-4AEA-8027-815C-7FC8859E82F2   Item 4.1       Packet pg. 63/79   Item 4.1       Packet pg. 63/79 3 1.8 The City will supply a key to allow the Historical Society to unlock the public restrooms adjacent to the market at 6:00 a.m. A City employee will perform routine maintenance in the restrooms mid-day. The City will maintain responsibility for locking the restrooms in the evening. The City will supply a contact number for issues related to the restroom. 2. Responsibilities of the Historical Society (some City responsibilities included). 2.1 2026 Summer Market season: May 2 through October 24, excluding July 4. 2.2 Set up hours begin at 6:00 a.m. on Saturdays on 5th Avenue and 6:30 a.m. on Saturdays on Bell Street. 2.3 During the Summer Market, the sections of the Police parking lot not used by the Market will be reserved for police parking only. Parking restrictions will be posted and vendor and customer parking will not be allowed in this area. Violators may be towed at their own expense. 2.4 For the Summer Market, parking restrictions will be posted indicating violators will be towed. The Police Department will attempt to notify owners. If not located by 6:30 a.m., the police will proceed to have violating vehicles towed. 2.5 The Summer Market will make available to the City one 10 x 10 Vendor booth location on the first Saturday of each month for promotion of City related activities. 2.6 For the Summer Market, street barricades must be in place at 6:30 a.m. on Saturday and removed by 4:00 p.m. The Historical Society will ensure that Sound Disposal will have adequate access to the alley next to the Museum for Saturday morning pickup. Sound Disposal will enter 5th Avenue from Main Street and access the alley by 8:00 a.m. at the latest. 2.7 The Historical Society will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance shall 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 shall be named as an additional insured on the Historical Society’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 shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The insurance policy shall contain, or be endorsed to contain, that the Historical Society’s insurance coverage shall be primary insurance as respect the city of Edmonds. Any insurance, self-insurance, or self-insured pool coverage maintained by the city of Edmonds shall be excess of the Historical Society’s insurance and shall not contribute with it. Docusign Envelope ID: D26725F0-4AEA-8027-815C-7FC8859E82F2   Item 4.1       Packet pg. 64/79   Item 4.1       Packet pg. 64/79 4 The Historical Society 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. 2.8 The Historical Society agrees that the Summer Market is a public event. The Historical Society 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 and squares, are traditional public forums. As a result, the Historical Society will permit citizens attending events open to the general public at a City-Provided Site during the Market to exercise therein their protected constitutional right to free speech without interference. 2.9 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 Historical Society will strongly encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.10 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the Historical Society will place clearly marked, City-supplied recycling, compost and waste containers throughout the Summer Market event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from event participants. The Historical Society will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.11, below). 2.11 Pursuant to Chapters 6.90 and 6.95 ECC, which prohibit the use of noncompostable food service containers and single-use plastic utensils (such as straws, stirrers and cutlery) at public events requiring a contract with the City, food vendors at the Summer Market will provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to event participants. The Historical Society will provide for the on-site collection of compostable and recyclable materials and garbage from event participants, using designated color-coded collection containers. The Historical Society will ensure that on-site collection containers are serviced properly and continually during the Summer Market. The Historical Society representative will meet with the City’s Recycling Coordinator or representative prior to April 24, 2026, in order to be educated on the 3- container system to maximize diversion of compostable and recyclable materials from the garbage. 2.12 The Historical Society 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 the Historical Society’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 the Historical Society of the immunity provided under Title 51 Docusign Envelope ID: D26725F0-4AEA-8027-815C-7FC8859E82F2   Item 4.1       Packet pg. 65/79   Item 4.1       Packet pg. 65/79 5 RCW, but only to the extent necessary to fully effectuate this promise. This provision will survive the termination and/or expiration of this Agreement. 2.13 Neither the Historical Society nor any of its officers, agents, or employees will discriminate in the provision of services 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. 2.14 The Parties acknowledge that pursuant to Chapter 70.160 RCW (hereinafter the “smoking ban”), 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 Summer Market 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 Historical Society 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 events described in this Agreement. 2.15 Historical Society agrees to the following Market days: Summer Market: Saturdays, May 2 through October 24, 2026, excluding July 4. Historical Society agrees to the following Market hours of operation: Set up: 6:00 a.m. - 9:00 a.m. (6:00 a.m. start on 5th Avenue; 6:30 a.m. start on Bell Street) Open: 9:00 a.m. - 2:00 p.m. Takedown: 2:00 p.m. - 3:30 p.m. 2.16 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 Historical Society or the participants in the Summer Market. 2.17 The Historical Society will provide fire watch for all times in and around the booths and displays open to the general public as part of the Summer Market. 2.18 The Historical Society will provide a portable Sani-Can at 537 Bell Street for the duration of the Summer Market season. 2.19 The Historical Society will commit to being good stewards of the Veterans Plaza, including but not limited to monitoring and removal of garbage from the garbage can located in Veterans Plaza two (2) times per day and monitoring and prompt cleanup of any and all spills. 2.20 Individual vendors are responsible for packing out all of their own garbage. The Historical Society may deposit up to sixteen (16) thirty-three (33) gallon bags of garbage Docusign Envelope ID: D26725F0-4AEA-8027-815C-7FC8859E82F2   Item 4.1       Packet pg. 66/79   Item 4.1       Packet pg. 66/79 6 generated in their area in the dumpster located in the Public Safety Center’s trash enclosure that abuts Fire Station 17. 2.21 The Historical Society will arrange for and pay for a recycling container from Sound Disposal. The container will be stored and serviced in the Public Safety Center’s trash enclosure that abuts Fire Station 17. 2.22 The Historical Society will obtain a letter of support from each business impacted by the market expansion on Bell Street West of 5th Avenue. To include but not limited to Barclay Shelton Dance Center, 420 Bell Street, 201 5th Avenue N, and 207 5th Avenue N. Failure to provide the required letters will result in the City removing this market expansion area from the approved right of way for the Summer Market. 2.23 Upon the completion of the event, the Historical Society will make adequate provisions for the cleanup and restoration of all sites rented or provided under terms of this Agreement, including but not limited to removal of any grease stains as a result of the event. 2.24 The Historical Society 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 delivery and removal of “No Parking” signs, street barricades, and local access signage and installation of semi- permanent no parking signs, 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 Historical Society for the additional costs due pursuant to ECC 4.100.090. 2.25 Colored flags or banners may not be placed in the existing holes in the public sidewalk designated for the American flag program. 2.26 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 Historical Society. It is not allowed to fasten anything to the buildings, structures or trees, and doing so may result in damage cost recovery and/or fine. Docusign Envelope ID: D26725F0-4AEA-8027-815C-7FC8859E82F2   Item 4.1       Packet pg. 67/79   Item 4.1       Packet pg. 67/79 7 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 Historical Society will be deemed to be the same of the City for any purpose. The Historical Society 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 Historical Society in the performance of this Agreement shall 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 County Health District, and the City. It is in the interests of the Parties that the health and safety of event attendees and the general public is protected. It is the Historical Society’s responsibility to ensure that all of its representatives and all participants in the events comply with all relevant COVID-19 and other health and safety related guidance. In the event that the City provides written notice to the Historical Society 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. Docusign Envelope ID: D26725F0-4AEA-8027-815C-7FC8859E82F2   Item 4.1       Packet pg. 68/79   Item 4.1       Packet pg. 68/79 8 3.5 Termination. If the Historical Society breaches any of its obligations under this Agreement and fails to cure the same within five (5) days’ written notice to do so by the City, the City may terminate this Agreement. DATED this ______ day of ________________ 2026. CITY OF EDMONDS: EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY: Mike Rosen, Mayor Arnold Lund, President ATTEST/AUTHENTICATED: Luke Lonie, City Clerk APPROVED AS TO FORM: Office of the City Attorney Docusign Envelope ID: D26725F0-4AEA-8027-815C-7FC8859E82F2 March27   Item 4.1       Packet pg. 69/79   Item 4.1       Packet pg. 69/79 9 Attachment A Docusign Envelope ID: D26725F0-4AEA-8027-815C-7FC8859E82F2   Item 4.1       Packet pg. 70/79   Item 4.1       Packet pg. 70/79 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) Attachment B Docusign Envelope ID: D26725F0-4AEA-8027-815C-7FC8859E82F2   Item 4.1       Packet pg. 71/79   Item 4.1       Packet pg. 71/79 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) Docusign Envelope ID: D26725F0-4AEA-8027-815C-7FC8859E82F2   Item 4.1       Packet pg. 72/79   Item 4.1       Packet pg. 72/79 Checklist This document is a regional fire inspection checklist for mobile food preparation vehicles with the intent of providing a standardized inspection that multiple fire jurisdictions recognize. You can find a list of the jurisdictions that are participating in this program. This program does not omit local jurisdiction requirements and their permitting processes. All mobile food preparation vehicle operators are required to contact each jurisdiction prior to operating within that jurisdiction. Name of Mobile Food Vehicle: Mailing Address: Contact Person: Phone Number: Email: L&I Number (VEN): License Plate#: Date Inspected: Fire Agency: Inspector Signature: Summary of Inspection - Regional ☐Approved – No Violations ☐Approved to operate – violations noted below must be corrected ☐Not approved to operate Regi o nal Inspection Checklist Documentation PASS FAIL N/A 1.Washington State L&I A pproval St icke r ☐☐ ☐ Cooking System Type -1 Hood (If produces grease laden vapors) PASS FAIL N/A 1.Cooking suppression system is UL300 listed , serviced, and cleaned . ☐☐ ☐ •Date of last service : (Semiannually ) •Date of last cleaning : 2.Manual Pull Station accessible and unobstructed.☐☐ ☐ Attachment C Regional Fire Marshals Mobile Food Preparation Vehicle Inspection Docusign Envelope ID: D26725F0-4AEA-8027-815C-7FC8859E82F2   Item 4.1       Packet pg. 73/79   Item 4.1       Packet pg. 73/79 2 Cooking Oil Storage PASS FAIL N/A 1.Aggregate volume less than 120 gallons.☐☐ ☐ 2.Storage tanks stored in such a way as to not be toppled or damaged during transport. ☐☐ ☐ LP-Gas Systems PASS FAIL N/A 1.LP tanks located on the outside of the vehicle or in a vapor tight cabinet vented to the outside. ☐☐ ☐ 2.LP tanks located on back of vehicle are provided with adequate impact protection provided. ☐☐ ☐ 3.Maximum LP tank size less than 200 pounds . (4.23 lb = 1 gal)☐☐ ☐ •Number of tanks: •Size of tanks: •Date last inspected: (Annually) •Date of last hydro: 4.LP tanks securely mounted and piping protected.☐☐ ☐ 5.LP gas alarm installed, operational and tested.☐☐ ☐ •Last test date: 6.LP shut off valves installed and accessible.☐☐ ☐ 7 .LP tanks used or stored outside of the vehicle shall be secured with a non -combustible strap or chain in an upright position and protected from impact. ☐☐ ☐ CNG Systems PASS FAIL N/A 1.All CNG containers are NGV -2 cylinders with a maximum size less than 1300 pounds . (1 ft 3 = 8 lbs) ☐☐ ☐ •Number of tanks: •Size of tanks: •Tank expiration date(s): •Date last inspected: (Every 3 years) •Date of last hydro: 2.Tanks securely mounted and piping protected.☐☐ ☐ 3.Methane gas alarm installed, operational and tested.☐☐ ☐ •Last tested date: Portable Fire Extinguishers PASS FAIL N/A 1.Class K Extinguisher installed along egress path (If using deep fat fryer or solid fuels). ☐☐ ☐ •Date last Serviced (Annually) 2.Fire protection system use placard installed near Class K Extinguisher. ☐☐ ☐ Docusign Envelope ID: D26725F0-4AEA-8027-815C-7FC8859E82F2   Item 4.1       Packet pg. 74/79   Item 4.1       Packet pg. 74/79 3 3.2A:10B:C portable extinguisher shall be provided along egress path. If LP -gas is used the portable extinguisher shall be a 2A:40B:C. ☐☐ ☐ •Date last serviced (Annually) Electrical PASS FAIL N/A 1 .Extension cords protected from damage.☐☐ ☐ 2 .No open electrical junction boxes or wiring.☐☐ ☐ Generators PASS FAIL N/A 1 .Generators located a minimum o f 10 feet from combustibles. ☐☐ ☐ 2 .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. ☐☐ ☐ Keep Required Documentation in Your Food Truck Please ensure you keep a copy of the following documents in your truck. You may be asked to produce these at any time by a fire department inspector. •Your fire inspection report (this form or other documentation provided to you by the fire agency that completed your inspection). •A copy of the inspection, test, and/or cleaning reports for your commercial range hood, fire suppression system and extinguishers, completed by the contractor you use. •A copy of any permit(s) issued by a local fire department for your food truck. Docusign Envelope ID: D26725F0-4AEA-8027-815C-7FC8859E82F2   Item 4.1       Packet pg. 75/79   Item 4.1       Packet pg. 75/79 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. x x x x x A 02/09/2026 Pro Insur, Inc dba Campbell Risk Management 9595 Whitley Drive, Suite 204 Indianapolis, IN 46240 Larry Spilker E[t 203 Edmonds Summer Market PO BOX 52 Edmonds Washington 98020 HANO9ER INS8RANCE *RO8P Larry Spilker e[t 203 317-848-9075 LSPIL.ER#CAMPBELLRIS..COM 317-848-9093 22292 AAM8392 LHW D481967 - 02 05/03/2026 05/03/2027 2,000,0002,000,000 100,000 5,000 2,000,0002,000,000 4,000,0004,000,000 4,000,0004,000,000 The City of Edmonds 121 5th Ave N Edmonds, WA 98020 Those usual to the Insured's operation. Blanket additional Insured applies per coverage form 421-2915 06 15. Certificate holder, if any, is hereby an additional insured. Docusign Envelope ID: D26725F0-4AEA-8027-815C-7FC8859E82F2 LƚĞŵ ϰ͘ϭ tĂĐŬĞƚ ƉŐ͘ ϳϲͬϳϵ LƚĞŵ ϰ͘ϭ tĂĐŬĞƚ ƉŐ͘ ϳϲͬϳϵ # R8319 Status Approved Page 1 of 2 Current Balance: $360.00Original Balance: $360.00Payment Schedules 1 resource(s)1 booking(s)Subtotal: $360.00 System User Amy Cruz Home Phone Number (425) 301-8421Agent Name Arnold Lund Organization Phone 1 Number (425) 774-0900Organization Name Edmonds Historical Society & Museum - 204 TypeCustomer Organization Organization Address P. O. Box 52 Edmonds, WA 98020 Permit # R8319 Status Approved Date of Issue Feb 6, 2026 11:13 AM 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 $360.00 Discounts $0.00 Subtotal $360.00 Deposits $0.00 Deposit Discounts $0.00 Total Permit Fee $360.00 Total Payment $0.00 Refunds $0.00 Balance $360.00 Summer Market Booking Summary Right of Way (Park)Center: Right of Way START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Sat, May 2, 2026 6:00 AM Sat, May 2, 2026 3:30 PM 1 $0.00 Resource level fees $360.00 DUE DATE AMOUNT DUE AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE May 2, 2026 $360.00 $0.00 $0.00 $360.00 Docusign Envelope ID: D26725F0-4AEA-8027-815C-7FC8859E82F2   Item 4.1       Packet pg. 77/79   Item 4.1       Packet pg. 77/79 # R8319 Status Approved Page 2 of 2 X: Date: Edmonds Historical Society & Museum Customer Type: Organization Customer ID: 12326 Mailing Address: P. O. Box 52, Edmonds, WA 98020 Organization Phone 1 Number: (425) 774-0900 Authorized Agent Name: Arnold Lund Home Phone Number: (425) 301-8421 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 Docusign Envelope ID: D26725F0-4AEA-8027-815C-7FC8859E82F2 3/26/20263/26/2026   Item 4.1       Packet pg. 78/79   Item 4.1       Packet pg. 78/79 Has the original City contract boilerplate language been modified? Yes No If yes, specify which sections have been modified: Description of Services: Type of Contract: (GR) Grants (I) Intergovernmental Agreement (L) Lease Agreement Bid/RFP Number: (S) Purchase of Services (W) Public Works (O) Other Effective Date: Completion Date: Originator: Routed by: Department/Division: Date: Name of Consultant/Contractor: CONTRACT TITLE: Total Amount of Contract: Budget # Amount: Budget # Amount: Budget # Amount: Budget # Amount: Budget # Amount: Budget # Amount: Are there sufficient funds in the current budget to cover this contract? Yes No Remarks: Authorization Level: Project Manager Risk Management/Budget City Attorney Consultant/Contractor Other City Council Approval Date (if applicable) Mayor City Clerk SI G N A T U R E FI N A N C I A L DE T A I L S CO N T R A C T CO N T E N T DE S C R I P T I O N CONTRACT ROUTING FORM No. (City Clerk Use Only) Shannon Burley Carrie Haslam, P&R Parks & Recreation 03/25/2026 Edmonds-South Snohomish County Historical Society Event Agreement Agreement to operate a summer marketplace. $ 0.00 ྜ 05/02/2026 ྜ ྜ ྜ Mayor 10/24/2026 Docusign Envelope ID: D26725F0-4AEA-8027-815C-7FC8859E82F2   Item 4.1       Packet pg. 79/79   Item 4.1       Packet pg. 79/79