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2018-07-11 Planning Board Packet- 0� L1UM0 Agenda Edmonds Planning Board RqCOUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 JULY 11, 2018, 7:00 PM 1. CALL TO ORDER 2. APPROVAL OF MINUTES A. Approval of Draft Minutes of June 27, 2018 3. ANNOUNCEMENT OF AGENDA 4. AUDIENCE COMMENTS 5. ADMINISTRATIVE REPORTS A. Development Services Director Report 6. PUBLIC HEARINGS A. Public Hearing on Critical Areas Ordinance Updates to Specific Wetland Regulations 7. UNFINISHED BUSINESS A. Recommendation for Draft Housing Strategy 8. NEW BUSINESS 9. PLANNING BOARD EXTENDED AGENDA A. Review Planning Board Extended Agenda 10. PLANNING BOARD CHAIR COMMENTS 11. PLANNING BOARD MEMBER COMMENTS 12. ADJOURNMENT Edmonds Planning Board Agenda July 11, 2018 Page 1 2.A Planning Board Agenda Item Meeting Date: 07/11/2018 Approval of Draft Minutes of June 27, 2018 Staff Lead: N/A Department: Planning Division Prepared By: Diane Cunningham Background/History N/A Staff Recommendation Review and approve draft minutes. Narrative Draft minutes are attached. Attachments: PB180627d Packet Pg. 2 2.A.a CITY OF EDMONDS PLANNING BOARD MINUTES June 27, 2018 Chair Monroe called the meeting of the Edmonds Planning Board to order at 7:00 p.m. in the Council Chambers, Public Safety Complex, 250 — 5' Avenue North. BOARD MEMBERS PRESENT Nathan Monroe, Chair Matthew Cheung, Vice Chair Todd Cloutier Alicia Crank Daniel Robles Mike Rosen Carreen Nordling Rubenkonig BOARD MEMBERS ABSENT Phil Lovell (excused) READING/APPROVAL OF MINUTES STAFF PRESENT Shane Hope, Development Services Director Kernen Lien, Environmental Programs Manager Brad Shipley, Planner Jerrie Bevington, Video Recorder Karin Noyes, Recorder BOARD MEMBER CRANK MOVED THAT THE MINUTES OF JUNE 13, 2018 BE APPROVED AS PRESENTED. BOARD MEMBER RUBENKONIG SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. ANNOUNCEMENT OF AGENDA The agenda was accepted as presented. AUDIENCE COMMENTS No one in the audience indicated a desire to comment during this portion of the meeting. DEVELOPMENT SERVICES DIRECTOR REPORT TO PLANNING BOARD Board Member Rubenkonig requested more information about the new State program for creative districts. Director Hope responded that members of the community have met with the Development Services Department staff and the Economic Development Commission to discuss this opportunity, and a public meeting was held on June 71 to provide information to the public. The next step is for the City Council to adopt a resolution to allow the application to be formally submitted. Board Member Rubenkonig said she likes that a creative district can go beyond traditional art and cultural activities to include creative technologies, graphic design, florists, breweries, and many more. She asked how these additional categories got included, and Director Hope said it was based on requirements and opportunities under the application. Board Member Robles noted that architects are listed as an activity that could occur in a "creative sector" and suggested that perhaps engineers should be included, as well. He pointed out that the City's current code explicitly excludes engineering Packet Pg. 3 firms from locating in the BD-1 zones, and it may be appropriate to explicitly include them in the creative district. Director Hope agreed that is an option but emphasized that the first step is to submit an application that meets the State requirements, and then people can get together to work on it. Board Member Robles observed that tech sectors are getting quite "artsy" and they belong in this same category. Chair Monroe asked for information about the consultant services contract, which was a topic of discussion at the June 7t1i Tree Board meeting. Director Hope answered that, over the past several years, the City has hired a consultant for the Tree Board (up to $6,000 per year) to help gather information, submit an application for Tree City U.S.A. and develop brochures and outreach materials. DRAFT HOUSING STRATEGY Director Hope reviewed that the Comprehensive Plan that was adopted in 2015 calls for having a Housing Strategy to "increase the supply of affordable housing for a range of income levels and to meet diverse housing needs." For the past several years, the Board has received information and had discussions about a variety of housing issues such as housing affordability, housing availability, housing types and changing demographics. Not counting the draft Housing Strategy, the Board has had housing issues on its agenda 35 times between early 2015 and 2018. Director Hope reminded the Board that an early draft of the Housing Strategy was presented to them on May 23' for discussion and review, and a public hearing was conducted on June 13'. Since the hearing, the Board has received additional written comments from the public, which were forwarded to them. She also reminded the Board that the Mayor appointed a Housing Strategy Task Force in the summer of 2017, which was primarily composed of housing specialists. The Task Force provided feedback on strategies on what the City could do to increase the supply of housing affordable for a range of people. The outreach program included a housing forum in the spring, several press releases and articles in the local news media, a dedicated webpage, Facebook, and other public notices and publications. The draft was also presented at a public open house on May 21 st Director Hope explained that the draft Housing Strategy includes a lot of data and background information, followed by six priority objectives that cover a range of topics. She observed that the intent was to summarize the housing issues and provide some key information. The purpose of tonight's discussion is for the Board to respond to the following questions related to the draft document so staff can determine the next steps. • Does the draft Housing Strategy address a broad range of housing needs relevant to Edmonds? • Are there aspects of the draft Housing Strategy that you particularly appreciated? • Are there aspects of the draft Housing Strategy that concern you or that need more clarification? • What is needed for the Planning Board's next meeting on this topic? Board Member Rubenkonig recalled that at the public hearing, she asked if any corporations within Edmonds are looking at sponsoring employee housing. Director Hope said there are none currently, and she doesn't know of any that are planning to, either. Board Member Rubenkonig recalled that staff previously advised that the hospital may be considering this opportunity. Director Hope said that, currently, there is no clear plan to do so. Board Member Rubenkonig suggested the Housing Strategy could include an additional strategy to look at opportunities for corporations located in Edmonds to provide housing for their own employees. Director Hope pointed out that the Housing Strategy includes quite a bit about workforce housing, but it does not specifically focus on corporations. Chair Monroe recalled that some of the illustrations in the draft document show "tiny homes," which are not something the Board discussed or thought was relevant for Edmonds' needs. He suggested that these illustrations should be eliminated. He also commented that when discussing the needs of Edmonds, they are really talking about housing efficiency and the variety of sizing. The report did a good job of laying these needs out, but it could have done a better job of making it clear that the Board is concerned about housing sizes and not just housing prices. The thrust of the report is the need for a greater variety of housing options than what currently exist in Edmonds. Board Member Robles suggested that perhaps the list of housing needs could be articulated a little stronger to identify the different groups of people that the strategy is intended to address. The list could include people who want to age in place, Planning Board Minutes June 27, 2018 Page 2 Packet Pg. 4 2.A.a school teachers, public safety workers, people who grew up in Edmonds and want to return, kids coming back to live with parents, divorced couples, etc. Once they were able to get to these points in the public hearing discussion, people started to see how the City is trying to be creative by solving so many problems with a single solution. Board Member Robles noted that the strategy does not address entrepreneurial opportunities that offer a type of bridge product that allows someone to purchase a home with the promise of future cash flows from an ADU unit. Director Hope responded that the strategy does reference a non-profit organization (Community Land Trust) that offers this type of opportunity. Board Member Robles suggested that this reference could be expanded to include a variety of other products, such as crowd funding where a group of homeowners can borrow money from themselves in order to do renovation on a condominium structure. Currently, the only options are to assess all of the owners or borrow money from a bank at high interest. Entrepreneurial tools allow people to borrow the money from themselves, helping to distribute the load and restore housing that already exists. He felt these options could have a powerful impact on the strategy. Board Member Crank said she appreciated that the Housing Strategy deals with a diversity of housing options, plus trying to address some affordability and subsidized housing issues. As she explained at the public hearing, she lived previously in a community (Mountain View, CA) that used a Below Market Rate (BMR) program as one of its housing strategies. The program required developers of multi -use projects to set aside 10% of all new housing units for low and moderate -income persons. In many cases, the developers opted to pay an in -lieu fee instead of providing the units, and the in -lieu fee was used to build new affordable housing or support other affordable housing programs. She recalled that, at the public hearing, citizens were concerned that the Housing Strategy would result in a flood of people into Edmonds, but this was not part of the conversation in Mountain View because the program established priorities for who could live in the units. Based on a priority system, first preference was given to Mountain View public safety employees, public school teachers who work in Mountain View, households who live in Mountain View and households who have worked in Mountain View for at least two years. The simple supply and demand dictated that those who ended up in the affordable units would be people who were already there. The program was all about serving people who were already contributing members of the community, which she believes is also the spirit of the draft Housing Strategy. She suggested that being overt in saying who the plan is trying to serve and identifying certain priorities within the housing piece might allow the plan to garner more community support. Board Member Cloutier said he likes how the strategies are so explicitly stated rather than simply a list of wishes for better housing. The strategies in the plan are real and supported by research. He pointed out that Strategies 4 and 5 speak to the concerns about the homeless population and low-income housing, but additional language could be added to make sure it is clear that the plan is primarily intended to address the people who are already in Edmonds. The meaning of the words "low- income" will continue to change, and perhaps additional language could be added to be more explicit about the intent to continue dialogue rather than drawing the line based on today. Director Hope emphasized that "affordable housing" does not mean the type of housing that is typically considered "the projects." The challenge is that Area Median Income (AMI) is $96,000, which still isn't enough to get a lot of housing in the community. People who earn less than AMI have it even tougher. She pointed out that the Housing Strategy has 32 basic pages, plus some appendices, and only 1.5 pages are about homelessness issues. It recognizes the range and types of homelessness and provides strategies the City could use to address the problems. But the strategies are not plans, they are just ideas the City could consider. The City Council is doing a more detailed study on homelessness, itself, and they will be looking at the actual needs and issues in Edmonds and what more specifically the City should consider doing. Vice Chair Chang said he appreciates the comprehensive nature of the draft Housing Strategy. He observed that the Board has discussed housing issues more than 35 times over the past few years, so the topics have evolved over time. Without having the Board's previous discussions to provide context, he can see how the strategy came across to citizens as primarily dealing with homelessness or low-income housing. He recalled that the Board discussed a variety of scenarios. For example, there is a large number of single-family homes with 3 or 4 bedrooms that are being filled with single individuals who might want to downsize for a variety of reasons but still stay in their community. Many of these are seniors who want to age in place. Currently, there are not a lot of options for 1 and 2-bedroom units. He recognized that not every scenario can be addressed in the Housing Strategy, but perhaps the narrative could be shifted to focus on the problems they are trying to solve and the people they are trying to help. Director Hope suggested that some graphics, such as the tiny homes, could be changed because they were intended to show a range of options rather than an actual proposal. She also agreed that it is Planning Board Minutes June 27, 2018 Page 3 Packet Pg. 5 2.A.a important to be clear that the bulk of the strategy addresses moderate types of housing for average people, but recognizes situations where people may need special help, as well. Board Member Cloutier reminded the Board that the document is intended to be a high-level strategy and not a specific plan. He suggested it would be helpful to have a perspective slide showing the purpose of the strategy and emphasizing that nothing would change based solely on the strategy. Perhaps staff could throw out an example about how a problem could be addressed by referring to the strategy and then seeing it through to a code change, etc. However, it is important to be clear that the Housing Strategy is a guiding document, and future programs, code changes, etc. must be consistent. Director Hope agreed that the Housing Strategy is meant to provide a toolbox of ideas. Whatever is adopted, the next step will be to tease out strategies that could be put in place. Anything that requires a code change or funding will require more details and another public process. Board Member Rubenkonig commented that, throughout all of the Board's discussions relative to housing, her main concern was the lack of a variety of housing stock. She likes that the strategy addresses a diverse housing stock, particularly the missing middle (duplexes, triplexes, townhomes, etc.). Through the process of reviewing information from the staff and consultant and hearing feedback from the public, the Board has been able to hone in on the idea of "caring for our own." She felt that the draft Housing Strategy responds well to this concept. Board Member Rubenkonig expressed her belief that homelessness is more of a regional issue, and perhaps this could be stressed more in the strategy. Director Hope noted that one strategy calls for participating in South Snohomish County's strategies to reduce homelessness. Board Member Rubenkonig commented that Edmonds must be part of a larger, regional effort to address homelessness. Chair Monroe voiced concern that the draft Housing Strategy explains the housing crisis, but it does not explain how it happened. Part of the answer is that there are a lot of regulations on the housing that is allowed to be constructed in Edmonds. He specifically pointed to the condominium laws and the Growth Management Act. These constraints have done nothing but depress the supply and increase demand. He felt the strategy does an adequate job of pointing out the need to remove some of the barriers that have been put in place so the market can take care of the rest. Chair Monroe pointed out that subsidized housing is a sticky issue for a lot of people. Many feel the strategy is asking people who can afford the housing they are living in to pay more property taxes to subsidizes housing for someone else. However, there are lot of strategies that aren't subsidized housing that could help solve the problem and get the City halfway to its goal. Of the six strategies, most do not require subsidized housing. Board Member Rosen thanked the public in attendance for taking the time to listen to the Board's discussion. He recalled that, at the public hearing, concern was raised about whether or not the community had an adequate opportunity to engage in the process, and he cautioned that the City may need to look at other opportunities and tools to make sure they are giving the public meaningful opportunities to express their concerns. Board Member Rosen said he likes the clarity of the draft Housing Strategy, recognizing it is a strategy and not a plan. However, he feels that part of his responsibility is to listen to and address more than just his opinion. He listened carefully to the people who spoke at the hearing and read all the written comments the Board received. He has also listened to the social media chatter that is going on about the topic, noting that there are a lot of strong feelings. While there is no consensus on a number of items, there are also some things everyone can agree on. For example, we want safety, and we want kids to be safe and to reach their potential. If they are in trouble, the community wants to rally to help. We want to protect the aesthetics of the community and protect the natural spaces. We don't want to compromise our property rights and values, and we don't mind if tourists come and spend their money and go away. Concerns he heard related to the strategy included questions about the validity and clarity of the statistics and their relevance to Edmonds and the public process. Although there has been a lot of outreach, perhaps the Board should include another step in the process to make sure everyone's voices are heard. There was concern about the unintended consequences or impacts of the strategies and whether or not the police and fire departments have been engaged in the process, and there was an assumption that the strategy intends to provide subsidized housing and that is why the document exists. More clarity in perspective and context would likely help. There was a perception that the strategy would result in increased density, with ugly, low-income boxes, that there would be more homeless population and crime and drug use would increase. Planning Board Minutes June 27, 2018 Page 4 Packet Pg. 6 2.A.a Board Member Rosen summarized that there appears to be some philosophical differences driving the discussion, and you can like or not like the plan based on where you are standing. For example, there are some who are okay with exclusivity and believe that not everyone should be able to live in Edmonds. There was also a perception that homeless people choose that lifestyle and they are already provided with many options. These differences will drive the lens through which people look at the strategy. He summarized his belief that there are opportunities to improve the strategy in these areas, but he believes in and supports the strategy. Chair Monroe reviewed that the Board has reviewed the plan four times, and their views are a stark contrast to those of people who are seeing it for the first time. They need to do abetter job of communicating their positions. Board Member Robles suggested it would be beneficial to have local professionals (social scientists, scientists, etc.) in the community critique the plan and provide input as to whether or not the strategies are viable. He felt their points of view would be valid and something that people would listen to as opposed to a consultant who is hired by the City and has a vested interest. This concept could be added as a tool to study the value and endorse certain strategies. Board Member Crank went back to an analogy she made at the public hearing about "trying to put meat on the skeleton before putting the skeleton together." Without negating any of the feedback that has been given, she reminded the Board to keep in perspective that a lot of the suggestions are further down the line than what the Board needs to do to move the draft Housing Strategy to the City Council. People should not feel disappointed if certain concepts are not reflected in the strategy because it is not the right time for it. Again, she said a lot of what has been suggested are things that will come further down the pipeline. Director Hope emphasized the need to send the draft Housing Strategy to the City Council in the near future, and the next steps are very important. She suggested that staff make certain changes to reflect some of the things they have heard and to refine and clarify the document. The Board could review the updated draft and forward a recommendation to the City Council on July 11'. The City Council could start their review on July 24' and hold a public hearing in early August. The public hearing could be followed by additional meetings, with the goal of final approval in late August or early September. She cautioned that the draft Housing Strategy cannot move forward to the City Council until the Planning Board has formulated its recommendation. Chair Monroe asked Director Hope to summarize the changes that would be made to the draft Housing Strategy based on input from the Planning Board. Ms. Hope identified the anticipated minor changes as follows: • More clarification and framing of the issues. • Changes to the graphics • Add a little more about scenarios • Emphasize they are talking about their neighbors, friends, family, etc. • Clean up the data and provide additional clarification Board Member Cloutier asked if the Board Members are satisfied with the strategies outlined in the document or are there missing strategies that need to be added. The Board Members indicated they were satisfied with the strategies as currently proposed. Board Member Cloutier summarized that it appears the Board is ready to move forward at the next meeting with the minor revisions. He re-emphasized the need to make it completely clear at the beginning of the next presentation that there is no proposal to change the codes. The draft Housing Strategy is simply intended to identify the problems and offer potential solutions. Board Member Rubenkonig asked if the revisions suggested by the Board at their last meeting were incorporated into the document. Director Hope answered that staff would review all of the Board's discussions and incorporated their recommended changes prior to the next meeting. Board Member Rubenkonig commented that the draft Housing Strategy provides the facts of the situation in Edmonds. The Board cannot be proactive in addressing the spectrum of issues unless it can agree to the scope of the issue. From letters received for the public hearing and from social media regarding the issue of homelessness, there is concern for the Planning Board Minutes June 27, 2018 Page 5 Packet Pg. 7 0 accountability of tax money: Where is the funding coming from and how will the City assess success or impact? There is also concern to actively police the burgeoning presence of homeless camps and transient vehicle living. Rather than cast aspersion on the "downtrodden," Board Member Rubenkonig referred to one of the most poignant points she saw on social media, which proposed an action for our neighbors. "The money (reference to the $250,000 the City Council allocated for homelessness) could be used to help the elderly before they get behind in property taxes, or mortgage payments in Edmonds, and other individuals who have lost their jobs and may lose their homes in Edmonds. Maybe a qualification would be that the person needs to have lived in Edmonds for five years. " Board Member Rubenkonig also quoted another social media post, `Affordable housing would go a very long way toward helping get people off the streets. Ever heard of working homeless? " She commented that many homeless people hold down jobs, and many have children who are enrolled in the Edmonds School District. She cautioned that the words spoken by the Board at this meeting will not alter the problems their neighbors face tomorrow. She said she believes Edmonds cares but prefers to see a structured approach focusing on chosen priorities as identified by the City Council. Again, she expressed her belief that the report provides facts about Edmonds situation and possibly provides a direction to take. Board Member Rubenkonig asked if staff would propose a recommendation for the Board to consider at its next meeting. Director Hope said staff would identify the changes. Board Member Rubenkonig asked that staff provide the Board with some options as to how to craft the discussion and come up with a recommendation to the City Council. Director Hope explained that, typically, Planning Board recommendations are not expected to be big statements. The Board can recommend that the Council approve the document as is or with some changes. They do not need to summarize all of the various opinions. SHORELINE MASTER PLAN (SMP) PERIODIC REVIEW INTRODUCTION Mr. Lien reviewed that the City just completed a comprehensive update of the SMP in June of 2017. This update was a complete rewrite of the SMP to be consistent with new regulations and guidelines that were adopted by the Department of Ecology (DOE) in 2003 (WAC 173-26). The Board completed its work on the comprehensive update in 2015, but it took a few years to get through the Council due to a few issues. Mr. Lien advised that the SMA requires each city and county in the State to review, and if necessary, revise their SMP at least once every eight years. The City's periodic review is due June 30, 2019. Given that they just completed the comprehensive review in 2017, only minor tweaks are needed at this time. He referred the Board to the Periodic Review Checklist (Attachment 4), which summarizes the amendments to state law, rules and applicable guidance between 2007 and 2017 that may trigger the need for SMP amendments during the periodic review. Most of the amendments are minor and no substantive changes are proposed. Mr. Lien said in addition to the potential amendments identified on the checklist, updates to the SMP may result from the site -specific study of the Edmonds Marsh being undertaken by the City, including updating the Shoreline Inventory and Characterization and potential modifications to the development regulations associated with the Urban Mixed -Use IV shoreline jurisdictions. He explained that the Edmonds Marsh was identified in the updated SMP as a Shoreline of the State, which means the shoreline jurisdiction extends 200 feet from the edge of the marsh. In the previous SMP it was not considered a Shoreline of the State so the shoreline jurisdiction ended at the marsh. This new shoreline jurisdiction that applied to Harbor Square was a controversial topic during the SMP update, and the City Council initiated the study to get more information about the marsh and appropriate buffers. At this time, he is not sure that the study will be completed in time to be incorporated into the periodic review. Mr. Lien said that another potential amendment is related to public hearings (ECDC 24.80.100). In the previous SMP, all Shoreline Substantial Development Permits went to the Hearing Examiner as a Type III decision. With the updated SMP, only certain Shoreline Substantial Development Permits can go to the Hearing Examiner. If a Conditional Use Permit or design review is required, applications automatically go to the Hearing Examiner. However, minor projects that do not otherwise require a hearing are staff decisions. As per the current SMP, Shoreline Substantial Development Permits begin as a Type 11 staff decision and change to a Type III decision before the Hearing Examiner upon written request during the Planning Board Minutes June 27, 2018 Page 6 Packet Pg. 8 2.A.a comment period. Staff will propose amendments to clarify this process in the SMC, likely using something similar to the Critical Area Contingent Review Process that is detailed in ECDC 23.40.195. Mr. Lien said that, in conjunction with the periodic review, staff is recommending that the Critical Areas Ordinance (CAO) wetland regulations be revised for consistency with the DOE's Wetland Guidance for CAO Updates. He explained that the recent CAO update was completed prior to the DOE's issuance of the updated wetland guidance. The updated guidance was incorporated into the SMP, but the CAO has yet to be revised to include the most recent guidance on wetlands. That means the City currently has two sets of wetland regulations, one that applies to shoreline jurisdiction and a second that applies outside of shoreline jurisdictions. Updating the CAO and incorporating it by reference into the SMP will provide consistency for all wetland regulation within the City. The CAO amendments are scheduled for a public hearing before the Planning Board on July 111. Mr. Lien said there was a recent code amendment that had to do with the amount of clearing that could occur without a Critical Area Report. However, this recent amendment does not currently apply within the shoreline jurisdiction. By re- adopting the CAO, the amendment will also be incorporated into the SMP, as well. Mr. Lien reviewed the work program approved by the City Council, including a public participation plan. He said the periodic review is due by June 30, 2019, and the intent is to have the work completed by that date. The Planning Board is scheduled to conduct a public hearing in September or October. Following the 30-day comment period, staff will compile and respond to the public comments. It is anticipated the Planning Board will make a recommendation to the City Council by the end of 2018. He said he would bring back the specific code amendments that were identified in the checklist on July 251 for Planning Board discussion. Chair Monroe asked how often the SMP will come before the Board for a periodic update, and Mr. Lien said the periodic update occurs once every eight years. The deadline for the next update is June 30, 2019. Chair Monroe asked if the City would have to wait another eight years to incorporate information from the Edmonds Marsh Study into the SMP if the study is not completed in time for the 2019 update. Mr. Lien answered that if the Edmonds Marsh Study recommends different buffers, the City could update the SMP before the next periodic update is required. REVIEW OF EXTENDED AGENDA Chair Monroe reviewed that the July I Vh meeting agenda will include a public hearing on the Critical Areas Ordinance update and a continued discussion on the Draft Housing Strategy. The July 251 meeting agenda will include a presentation on the Shoreline Master Program periodic update, a public hearing on a rezone from RS-8 to RM-1.5 and a public hearing on a code update related to permit decision making. At the request of Board Member Rubenkonig, the Board agreed to review their schedules and discuss possible dates for a Planning Board Retreat at their next meeting. PLANNING BOARD CHAIR COMMENTS Chair Monroe announced that Ms. Livingston, the Board's student representation, has resigned due to scheduling conflicts. He thanked her for her service and suggested the Board start the recruitment process to select a new representative. PLANNING BOARD MEMBER COMMENTS Board Member Rubenkonig reported that she filled in for Board Member Lovell at the Economic Development Commission meeting on June 191. At the meeting, it was decided that the liaisons to the Commission would be given an opportunity to report on what their groups are doing. The intent is to invite one liaison to report at each meeting. She advised that the Commission is still interested in having a joint meeting with the Board. ADJOURNMENT The Board meeting was adjourned at 8:20 p.m. Planning Board Minutes June 27, 2018 Page 7 Packet Pg. 9 2.A.a 0 N ti N N C 7 7 O N N 3 C R L 4- 0 O L Q Q Q ti N CD O 00 T— m a :.o c w E c� a Planning Board Minutes June 27, 2018 Page 8 Packet Pg. 10 5.A Planning Board Agenda Item Meeting Date: 07/11/2018 Development Services Director Report Staff Lead: Shane Hope, Director Department: Planning Division Prepared By: Diane Cunningham Background/History N/A Staff Recommendation N/A Narrative Report is attached Attachments: Director. Re port.07.06.18 Packet Pg. 11 5.A.a of Ebb, MEMORANDUM Date: July 6, 2018 To: From: Subject Planning Board Shane Hope, Development Services Director Director Report "With the new day comes new strength and thoughts." -Eleanor Roosevelt Next Planning Board Meeting The Planning Board meets next on July 11. Its work includes a public hearing on the minor update to critical area regulations, followed by a potential recommendation on the Draft Housing Strategy. NATIONAL NEWS Livable Communities AARP, the non-profit organization that focuses on people over 50, has developed a colorful paperback book with lots of illustrations and examples about how to make community life enjoyable. (Many of the ideas could work for both younger and older people.) To view the book or get a complimentary copy, go online to: click on this link. REGIONAL NEWS Population Changes Edmonds' population is 41,820, according to the latest estimate from the state Office of Financial Management. That is 600 more people than the year before. Our city is the third largest in Snohomish County (behind Everett and Marysville, respectively). The county as a whole has grown to 805,120 (up from 789,400 in 2017). It is one of the top five counties in Washington for growth; the other four are King, Pierce, Clark, and Spokane. Washington's statewide population is also up —from 7,310,300 last year to 7,527,570 this year. Job Growth About 58,700 jobs have been added to the Puget Sound region this past year. The strongest job growth was in the Seattle metro area, especially King and Snohomish counties. This marks the Packet Pg. 12 5.A.a eight consecutive year of job growth for the region, according to the Puget Sound Regional Council. Transit Growth Central Puget Sound (which includes King and Snohomish counties) experienced the highest total increase (19%) in transit boardings of any region in the U.S. in 2017. Point Wells Update The Point Wells condominium project (3100 units proposed for an old industrial site near Woodway) was recently denied by the Snohomish County hearing examiner. In large part, the denial was based on inadequate information for construction of the steep secondary road needed for the project. Other concerns were wetlands, mudslides, transit availability, and more Also, the examiner denied doubling the building heights to 180 feet. The decision may be appealed by the developer to superior court. Housing Partnership Near a light rail station in south Seattle, a partnership between private and non-profit organizations is planning to build around 700 housing units, both income -restricted and market - rate (300 of which are "family -sized") and 65,000 square feet of commercial space (including a grocery store). This transit -oriented development project will begin with a clean-up of existing contaminated property. Open Space Conservation Plan The Regional Open Space Conservation Plan for the four -county area of Snohomish, King, Pierce, and Kitsap has been completed. It focuses most on rural areas, especially those at risk of loss to other uses. It highlights work that other jurisdictions are doing so that different groups can learn from each other. For a view of the plan, go to: click on this link. Puget Sound Regional Council (PSRC) Housing was a key topic of the PSRC's growth board on July 5. Discussion focused on how the region should plan for current and future needs in developing the long-range regional plan "VISION 2050". A presentation with data highlights and information on current housing policies kicked off the board's discussion. Based on the discussion, PSRC staff will work with member committees on options to be considered for the housing chapter of VISION 205. Snohomish County Tomorrow (SCT) ❑ The SCT Steering Committee (comprised mainly of local elected officials) met June 21 with an agenda that included: o Updates from the Puget Sound Regional Council (PSRC) and the Economic Alliance Snohomish County o Approval of PSRC's federal funding for selected transportation projects o Approval of local dues assessment (this will be higher in 2019 to begin the extra work required for a countywide buildable lands study and report, due for metropolitan counties under the Growth Management Act) o Presentation on Metro Everett Subarea Plan o Presentation on planning for light rail communities 21 Packet Pg. 13 5.A.a ❑ The SCT Planning Advisory Committee (comprised mainly of local community development and planning directors) will meet next on July 12 to consider: o Preparation for 2021 Buildable Lands Report o Light rail communities o Southwest Urban Growth Area Planning Study o Metro Everett Subarea Plan o PSRC Vision 2050 update. Alliance for Housing Affordability (AHA) The Joint Board of AHA (an organization of city and county governments in Snohomish County focused on affordable housing) met June 20, with an agenda that included: ❑ Final review of AHA Housing Trust Fund Policy Management ❑ Discussion of legislative outreach ❑ Discussion of public outreach and information LOCAL NEWS Architectural Design Board (ADB) The ADB has no meeting scheduled in July. The next ADB meeting is scheduled for August 1. The agenda will be posted on-line when available. Arts Commission The Arts Commission has a special meeting scheduled for July 9. The agenda will be posted on- line when available. Cemetery Board The Cemetery Board met last on June 21. It agenda included: ❑ Board member updates ❑ Publicity ❑ Cemetery sales and burials ❑ Finance report ❑ Memorial Day review and thoughts for future ❑ "Walk Back in Time" preparation Climate Protection Committee The Climate Protection Committee met July 5. Discussion included: ❑ Update on Climate Goals Project ❑ Carbon Fee Initiative ❑ 2018 education priority ❑ Subcommittee reports Diversity Commission The Diversity Commission's meeting for July 4 was cancelled. The commission is scheduled to meet next on August 1. Its agenda will be posted on-line when available. 3 1 P a g e Packet Pg. 14 5.A.a Economic Development Commission (EDC) The Economic Development Commission meets next on July 18, with an agenda to be posted on- line when available. Hearing Examiner The Hearing Examiner has no meeting scheduled for July 12. Historic Preservation Commission (HPC) The Historic Preservation Commission meets next on July 12 for a public hearing to determine the eligibility of the house located at 645 Fir St for listing on the Edmonds Register of Historic Places. Tree Board The Tree Board met July 5. Agenda topics included: ❑ Discussion of Tree Board Mission Statement ❑ Upcoming events activity ❑ Discussion of City web page content ❑ Redwood trees for planting ❑ Consultant services contract ❑ Student representative position City Council The City Council's July 3 meeting included the following: ❑ Parks & Rec Month Proclamation ❑ Presentation on Marsh Study Progress (from Windward, consultants) ❑ Discussion of City Council's 2019 Budget Goals The Council's next meeting is July 10 and, before breaking into committees, will include: ❑ Presentation of Economic Development Commission memo on civic facilities ❑ Diversity Commission report. COMMUNITY CALENDAR • July 8: Sea Jazz - Young jazz musicians perform every Sunday 1— 3 pm at Port of Edmonds public plaza • July 12: Low tide beach walk at Olympic Beach visitor station at 10 am • July 14: Ranger Talk — Buoys and Gulls at the base of the Brackett's Landing north jetty at 2:30 pm • July 15: Summer concerts begin at city park at 3pm • July 15: Edmonds in Bloom Garden Tour, 11 am — 4 pm • July 17: Hazel Miller Plaza Concerts begin at 12 pm • July 19: Art Walk at 5pm • July 19: Walk Back in Time & Open House, Edmonds Memorial Cemetery & Columbarium at1pm • July 19: Hazel Miller Plaza Evening Concerts begin at 5 pm 41Pane Packet Pg. 15 6.A Planning Board Agenda Item Meeting Date: 07/11/2018 Public Hearing on Critical Areas Ordinance Updates to Specific Wetland Regulations Staff Lead: Kernen Lien Department: Planning Division Prepared By: Kernen Lien Background/History Planning Board hearing an introduction to this limited code update at the June 13, 2018 meeting. Staff Recommendation Forward recommendation to the City Council that the City of Edmonds critical area wetland regulations be updated consistent with Washington State Department of Ecology Publication No. 16-06-001 Wetland Guidance for CAO Updates as provided in Attachment 2. Narrative The City of Edmonds completed a comprehensive review of its critical area ordinance (CAO) as required by the Growth Management Act in May 2016 with the adoption of Ordinance No. 4026. The wetland section of the CAO (ECDC 23.50) was developed from Ecology Publication No. 10-06-002 Wetlands & CAO Updates: Guidance for Small Cities. In June 2016, Ecology issued new guidance for wetlands under Publication No. 16-06-001 Wetland Guidance for CAO Updates. At the time, the City was also in the process of a comprehensive update of the Shoreline Master Program (SMP). The City Council desired to have to most current wetland regulations apply to shoreline jurisdiction, so certain wetland sections of the CAO were excepted from the SMP (which means they do not apply in shoreline jurisdiction). Within the SMP, wetland regulations consistent with Publication No. 16-06-001 were provided to replace the excepted sections. As a result the City of Edmonds has two versions of wetland regulations, one that applies within shoreline jurisdiction and a second that applies outside of shoreline jurisdiction. The City of Edmonds is required to complete a periodic review of the Shoreline Master Program by June 2019. In order to provide consistent regulations throughout the City, as part of the work program adopted by the City Council for the SMP periodic review, the City identified updating the COA wetland provisions excepted from the SMP to be consistent with Publication No. 16-06-001. When the SMP is revised, the City will adopted the updated CAO and then one set of wetland regulations will apply to the entire City. Publication No. 16-06-001 is provided as Attachment 1 and a red-line/strike-out version of the specific wetland provisions being updated are provided in Attachment 2. Two other minor revisions to the CAO are also be proposed at this time. The first corrects a scriveners error in Section ECDC 23.50.040.G.3.d and the second deletes an allowed activity in section ECDC 23.50.020.E. The allowed activity related to development within the previously developed footprint for which specific regulations were included during the CAO update (see ECDC 23.50.040.J) and this section should have been deleted. Packet Pg. 16 6.A Attachments: Attachment 1: Wetland Guidance Publication No. 16-06-001 Attachment 2 - Draft Wetland Code Amendments Attachment 3 - June 13, 2018 Planning Board Minutes Excerpt Packet Pg. 17 6.A.a DEPARTMENT OF ECOLOGY State of Washington Wetland Guidance for CAO Updates Western Washington Version June 2016 Publication No. 16-06-001 Packet Pg. 18 6.A.a Publication and Contact Information This report is available on the Department of Ecology's website at https:/ /fortress.wa.gov/ecy/publications/SummarPages/1606001.html For more information contact: Shorelands and Environmental Assistance Program P.O. Box 47600 Olympia, WA 98504-7600 Phone: 360-407-6600 Washington State Department of Ecology - www.ecy.wa.gov o Headquarters, Olympia 360-407-6000 o Northwest Regional Office, Bellevue 425-649-7000 o Southwest Regional Office, Olympia 360-407-6300 o Central Regional Office, Yakima 509-575-2490 o Eastern Regional Office, Spokane 509-329-3400 To ask about the availability of this document in a format for the visually impaired, call the Shorelands and Environmental Assistance Program at 360-407-6600. Persons with hearing loss can call 711 for Washington Relay Service. Persons with a speech disability can call 877-833-6341. 0 0 W 0 to Packet Pg. 19 6.A.a Wetland Guidance for CAO Updates Western Washington Version Donna Bunten, Rick Mraz, Lauren Driscoll and Amy Yahnke Shorelands and Environmental Assistance Program Washington State Department of Ecology Olympia, Washington June 2016 Publication No. 16-06-001 Packet Pg. 20 6.A.a This page is purposely left blank 0 0 w 0 to r Packet Pg. 21 6.A.a Table of Contents Summary.......................................................................................... 1 Introduction...................................................................................... 2 Guidance on the Science of Wetland Protection ............................. 3 Relationship between the GMA and the SMA................................ 4 Policy Discussion for Your Wetlands Chapter ................................ 4 PURPOSE........................................................................................................................... 4 R DEFINITIONS..................................................................................................................... r 4 U IDENTIFYING, DESIGNATING, AND RATING WETLANDS .................................................... 5 0 REGULATED USES AND ACTIVITIES.................................................................................. a 7 EXEMPTIONS.................................................................................................................... 7 2 2 FORESTPRACTICES.......................................................................................................... 9 AGRICULTURAL ACTIVITIES 9 a Strategies for Protecting Wetlands from Impacts............ r 10 0 ..... O WETLANDS INVENTORY................................................................................................. 10 T- ABCs 6 z 10 ............................................................................................................................. 0 BUFFERS......................................................................................................................... 1 1 CU 2 BUFFER AVERAGING...................................................................................................... 13 d MITIGATION................................................................................................................... 13 a� c MITIGATION ALTERNATIVES 14 MitigationBanking............................................................................................... 15 t9 In -Lieu Fee (ILF).................................................................................................. 15 Off -Site Mitigation................................................................................................ 16 AdvanceMitigation............................................................................................... 16 r c a� Conclusion..................................................................................... 16 E Appendix A - Sample Wetlands Chapter ...................................... 19 Appendix B - Wetland Definitions ................................................ 51 Packet Pg. 22 6.A.a This page is purposely left blank 0 0 w 0 to r Packet Pg. 23 6.A.a Summary This publication replaces Wetlands & CAO Updates: Guidance for Small Cities (Western Washington Version), Publication No. 10-06-002, January 2010. It also replaces the I" revision dated July 2011 and the 2nd revision dated October 2012. This new publication, for the most part, contains the same guidance as the "small cities guidance" referenced above. Over the last few years, it became obvious that the information in that document could apply to all cities and counties, not just small cities. However, the wetland buffer table may be too restrictive for county use because it assumes that adjacent land use intensity is high. Counties and larger cities generally have more staff and resources that allow more sophisticated approaches to assigning wetland buffers. In addition, these jurisdictions may be able to provide additional protection for habitat function by requiring protected wildlife corridors between the wetland and other priority habitats in exchange for buffer reduction —something that is often impossible in small, urban jurisdictions. Check with Ecology wetland staff for more information about using this guidance in your particular jurisdiction http://www.ecy.wa.goy/programs/sea/wetlands/contacts.htm. 0 Specific changes to this new publication include: o 0 to • Reference to the updated 2014 wetland rating system c • Updated definitions based on the updated 2014 wetland rating system Z • Buffer tables that include habitat scores from the updated 2014 wetland rating o system M • Addition of buffer table to be used if minimizing measures are not used • Emphasis on the requirement to provide wildlife corridors where possible in a exchange for buffer reduction c • Guidance on using wetlands for stormwater management facilities a • Revisions to exemptions for small wetlands • Recommended language addressing agricultural activities in non-VSP jurisdictions • Addition of recent mitigation documents and guidance • Corrected links to resource documents and web pages Wetlands Guidance for CAO Updates Western Washington Version Page I Packet Pg. 24 6.A.a Introduction This document is intended to provide guidance and tools useful in developing a wetland protection program for jurisdictions that are in the process of updating their critical areas ordinances (CAOs) to meet the Growth Management Act (GMA) requirements. Wetlands are one of the five types of critical areas identified in the GMA. We recognize that many local governments lack the planning staff and resources necessary to develop and implement wetland standards that are both locally appropriate and based on best available science (BAS). Nonetheless, they must comply with the GMA requirement to designate and protect wetlands. The first part of this document describes the important topics that should be addressed in the wetlands section of your CAO. It includes recommendations for wetland protection based on BAS. Appendix A is a sample CAO chapter for wetlands that incorporates these recommendations into a format similar to that found in many local CAOs. (Please note that the sample CAO will need to be tailored to your jurisdiction's naming and numbering system. There are several generic "XX" references throughout the text.) Appendix B contains definitions that are commonly used in wetlands regulations. This document does not include the more general provisions typically found in a regulations related to all critical areas. These can be found in Appendix A of the Critical Areas Assistance Handbook published by the Washington State Department of o Commerce (formerly the Department of Community, Trade, and Economic c Development) in November 2003 hqp://www.commerce.wa.gov/Documents/GMS- T- Critical-Areas-Appendix-A-Sample-Code-Provisions.pd£ This document revises the z° wetland -specific provisions in the Critical Areas Assistance Handbook. The recommendations in this document and the sample ordinance may not be appropriate for use by rural county governments. Factors to consider are the county's rate of growth, the nature and intensity of land uses in the county, the wetland resources at risk, and the ability of the county to implement its CAO. We suggest that you contact us to determine whether this guidance is applicable to your county. Please use the following link to find Ecology's wetland specialist for your area: http://www.ecy.wa.goy/programs/sea/wetlands/contacts.htm. Wetlands Guidance for CAO Updates Western Washington Version Page 2 Packet Pg. 25 6.A.a Guidance on the Science of Wetland Protection Ecology has produced several different tools that can help local governments develop a comprehensive wetlands protection program for their jurisdictions. The Washington Departments of Ecology (Ecology) and Fish and Wildlife (WDFW) have published a two -volume guidance document to help local governments protect and manage wetlands • Wetlands in Washington State, Volume 1: A Synthesis of the Science (Washington State Department of Ecology Publication #05-06-006, Olympia, WA, March 2005). This volume is the result of an extensive search of over 17,000 scientific articles and synthesizes over 1,000 peer -reviewed works relevant to the management of Washington's wetlands. • Wetlands in Washington State, Volume 2: Managing and Protecting Wetlands (Washington State Department of Ecology Publication #05-06-008, Olympia, WA, April 2005). This volume was developed with the assistance of local government planners and wetland consultants. It can be used to craft regulatory language that is based on BAS. We recommend that you review Chapter 8 and its appendices as you begin to work on updating your existing regulations. (Please note: Appendix 8-C was revised in October 2014.) In October 2013, Ecology released an update of the science pertaining to wetland buffers. The new information on buffers provides a refinement of our knowledge and revisits the c conclusions and key points in the 2005 synthesis. o 0 to • Update on Wetland Buffers: The State of the Science (Washington State c Department of Ecology Publication #13-06-011, Olympia, WA, October 2013. Z Ecology, in coordination with the U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA), has also developed a two-part guidance document aimed at improving the quality and effectiveness of compensatory mitigation in Washington State: • Wetland Mitigation in Washington State — Part 1: Agency Policies and Guidance (Version 1) (Washington State Department of Ecology Publication #06-06-01 la, Olympia, WA, March 2006). Part 1 provides a brief background on wetlands, an overview of the factors that go into the agencies' permitting decisions, and detailed guidance on the agencies' policies of wetland mitigation, particularly compensatory mitigation. It outlines the information the agencies use to determine whether specific mitigation plans are appropriate and adequate. • Wetland Mitigation in Washington State Part 2: Developing Mitigation Plans (Version 1) (Washington State Department of Ecology Publication #06-06-01 lb, Olympia, WA, March 2006). Part 2 provides technical information on preparing plans for compensatory mitigation. Wetlands Guidance for CAO Updates Western Washington Version Page 3 Packet Pg. 26 6.A.a Ecology has also developed a wetland ratings system for western Washington. The rating system is a useful tool for dividing wetlands into groups that have similar needs for protection. • Washington State Wetland Rating System for Western Washington: 2014 Update (Washington State Department of Ecology Publication #14-06-29, Olympia, WA, October 2014). Links to all of these documents can be found at: http://www.ecy.wa.gov/programs/sea/wetlands/gma/index.html. Relationship between the GMA and the SMA You may be planning to adopt a Shoreline Master Program (SMP) that will rely on the CAO for protection of wetlands and other critical areas in shoreline jurisdiction. Ecology does not have an approval role in the CAO adoption process; our role is advisory. The SMP, however, is a joint document of Ecology and the local government requiring Ecology approval. Before the SMP can be approved by Ecology, the CAO must meet the "no net loss of ecological functions" requirement (WAC 173-26-186(8)(b)(i)). You should be aware that the Shoreline Management Act (SMA) may preclude or alter 3 the administration of your CAO. For example, certain activities exempted under the a CAO will not qualify for exemption under the SMP. In addition, activities allowed c without permits under the CAO may require permits under the SMP. o 0 to For assistance with CAO-SMP integration, please use the following link to find the shoreline planner for your area: z° http://www.ecy.wa.goy/programs/sea/sma/contacts/index.html. c Policy Discussion for Your Wetlands Chapter Your wetlands chapter will exist as one of several in your critical areas ordinance. Below we describe some of the important subsections in the wetlands chapter and include our recommendations for protecting wetlands based on the best available science. Purpose The chapter typically begins with a purpose statement, followed by designation criteria, which include a definition of wetlands and the methods by which they are identified and rated and other details listed below. The purpose statement may also state that this chapter is intended to be consistent with the requirements of 36.70A RCW and to implement the goals and policies of your Comprehensive Plan for protecting wetlands. Definitions Your wetlands chapter may include a separate list of definitions, or the definitions may be included in the general definitions section of the CAO. Appendix B is a list of Wetlands Guidance for CAO Updates Western Washington Version Page 4 Packet Pg. 27 6.A.a definitions relevant to your wetlands chapter. This list includes terms identified in state law and agency guidance documents. Clarity and consistency in the use of these terms will make ordinance implementation easier. Identifying, Designating, and Rating Wetlands The first steps in regulating wetlands are to define what is being regulated and specify how these areas will be identified. The GMA requires the use of the following definition of wetlands and specifies how to identify and delineate them. In designating wetlands for regulatory purposes, counties and cities are required to use the definition of wetlands in RCW 36.70A.030(21): "Wetland " or "wetlands " means areas that are inundated or saturated by a surface water or ground water at a frequency and duration sufficient to Fa support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands v c generally include swamps, marshes, bogs, and similar areas. Wetlands do a not include those artificial wetlands intentionally created from non- L wetland sites, including, but not limited to, irrigation and drainage a1°, ditches, grass -lined swales, canals, detention facilities, wastewater = treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a a result of the construction of a road, street, or highway. Wetlands may c include those artificial wetlands intentionally created from non -wetland q W areas created to mitigate conversion of wetlands. c c� Wetlands are subject to a local government's regulatory authority if they meet the criteria in this definition. This includes Prior Converted Croplands (PCCs) and isolated wetlands. These wetlands can provide critical functions and habitat and should be regulated. The GMA does not allow flexibility in adopting a modified definition of wetlands. Irrigation practices, such as the Irrigation District ditches in Sequim, can result in human - created wetlands. More frequently, however, irrigation practices may augment natural sources of water to a wetland. Wetlands that form along irrigation ditches that were intentionally created in uplands may be exempted from regulation. However, if a wetland is the unintentional by-product of irrigation activities, the wetland should be regulated. If a wetland disappears as the result of a change in irrigation practice, it will not be regulated in the future. However, most wetlands will not disappear completely as a result of local changes in irrigation practices because of natural sources of water or regional irrigation influences. Please see htt2://www.ecy.wa.goy/programs/sea/wetlands/irrigation.httni for more information on how Ecology regulates irrigation -influenced wetlands. Ecology is most concerned about those changes in land use that would eliminate wetlands as the result of fill or grading, such as a conversion to commercial or residential use. These activities should be regulated by the CAO, and appropriate protection standards Wetlands Guidance for CAO Updates Western Washington Version Page S Packet Pg. 28 6.A.a (such as buffers and mitigation) should be required in order to minimize the loss of wetland area and function. Many jurisdictions use the National Wetland Inventory (NWI) to determine whether wetlands exist within their boundaries. Since the NWI is based on photographs that are over 30 years old and provides only a general approximation of wetland location, it cannot be used alone to designate wetlands. Wetlands are those areas that meet the above definition of "wetland." Wetlands are also dynamic systems that change over time. It is important to adopt the GMA definition and to have regulations in place to protect wetland functions and values, should wetlands that do not currently appear on the NWI or other maps be identified in the future. State laws require that wetlands protected under the GMA and the SMA be delineated using a manual that is developed by Ecology and adopted into rules (RCW 36.70A.175; RCW 90.58.380). The Department of Ecology adopted a wetland delineation manual in 1997 (WAC 173-22-080) that was based on the original 1987 Corps of Engineers manual and subsequent Regulatory Guidance Letters. During the last few years the Army Corps of Engineers has updated and expanded their delineation manual with regional supplements. To maintain consistency between the state = and federal delineations of wetlands, Ecology has repealed WAC 173-22-080 (the state delineation manual) and replaced it with a revision of WAC 173-22-035 that states that a' delineations should be done according to the currently approved federal manual and regional supplements. The changes became effective March 14, 2011. o to 0 The GMA states that "wetlands regulated under development regulations adopted T- pursuant to this chapter shall be delineated in accordance with the manual adopted by the z6 department pursuant to RCW 90.58.380." RCW 90.58.380 allows the Department of r- Ecology to adopt rules that incorporate changes to the manual. Therefore, the currently 2 approved federal manual and regional supplements should be used for delineating 2 wetlands in GMA jurisdiction. See: http://www.ecy.wa.gov/programs/sea/wetlands/delineation.html. Local governments are not required to rate or classify wetlands when regulating them. However, methods that classify, categorize, or rate wetlands help target the appropriate level of protection to particular types of wetlands and avoid the "one -size -fits -all" approach. If a local government uses a wetland rating system, it must consider the criteria described in WAC 365-190-090(3). The Washington State Wetland Rating System for Western Washington: 2014 Update (Effective January 2015), (Ecology Publication #14-06-029, October 2014) is a useful tool for dividing wetlands into groups that have similar needs for protection. The revised rating system represents the best available science, as it is based on a better understanding of wetland functions, ways to evaluate them, and what is needed to protect them. It provides a quick "snapshot" characterization of a particular wetland. In many cases, it will provide enough information about existing wetland functions to allow Wetlands Guidance for CAO Updates Western Washington Version Page 6 Packet Pg. 29 6.A.a adequate plan review and land use decisions to be made without the additional expense of a separate wetland functional assessment. While local governments are not required to use Ecology's revised rating system, we strongly encourage you to adopt wetland regulations that require its use. Most qualified wetland specialists are using the revised rating system. In cases where state and federal permits are required, the use of this rating system would benefit applicants by eliminating the need to rate wetlands according to a different local standard. If you choose not to use the state's wetland rating system, you must provide a rationale for this decision according to WAC 365-190-090(3). We recommend that you include language that describes the four categories of wetlands. This text is different for eastern and western Washington jurisdictions. Please refer to Appendix A, Section XX.020.13.1-4 for the specific category descriptions. Regulated Uses and Activities Your wetland section should list those uses and activities that are regulated under the critical areas ordinance. Some of these items include: removal, excavation, grading, or dredging of material of any kind; draining, flooding, or disturbing of the wetland, water level, or water table; the construction, reconstruction, demolition, or expansion of any structure; etc. More extensive examples are provided in the sample ordinance. Wetlands are often impacted by unauthorized clearing and grading that takes place c before application for development permits. You should make sure your CAO q adequately regulates clearing and grading. If it doesn't, you should adopt a separate 9 clearing and grading ordinance. The Department of Commerce (formerly Community, Trade and Economic Development) published technical guidance on developing a z6 clearing and grading ordinance: http://www.commerce.wa.gov/Documents/GMS- c Clearing-and-Grading-Technical-Guidance-Final-2005.pdf. Most forest practices (as defined in RCW 76.09 are exempted from the provisions of a wetlands chapter in the CAO. However, those forest practices that are Class IV general should be regulated. These activities constitute a conversion from forestry to some other use. As such, buffers and wetland protections are appropriate. Exemptions Your wetlands section should identify those activities in or near wetlands that are regulated and those that are exempt from regulation. Exemptions include activities that will have little or no environmental effect or are an emergency that threatens public health or safety. In the case of emergency response activities that affect wetlands and buffers, the responsible party should be required to obtain after -the -fact permits and to rectify impacts. Some jurisdictions place the exemptions or exceptions in a general exemptions section near the front of the CAO. However, some exemptions or exceptions may apply only to wetlands, so it may be more practical to have these specific exemptions in the wetlands section. Wetlands Guidance for CAO Updates Western Washington Version Page 7 Packet Pg. 30 6.A.a Exempt activities should be limited to those that will not have a significant impact on a wetland's structure and function (including its water, soil, or vegetation) and those that are expected to be very short term. Local governments should, however, also consider the cumulative impacts from exempted activities. They can result in a loss of wetland acreage and function that are not replaced through compensatory mitigation. The scope, coverage, and applicability of a critical areas ordinance should capture the full range of activities that are detrimental to wetland functions. Therefore, exemptions should be supported by the scientific literature and be carefully crafted to minimize the potential for adverse impacts. However, a local government should not assume that an exemption is appropriate in the absence of science to refute the exemption. The language should clearly state whether a given activity is exempt from applicable standards in the code or whether it is exempt from needing a permit but still must comply with the code. Exemptions should be limited and construed narrowly. For more information on this topic, please refer to Chapter 8 of Wetlands in Washington State, Volume 2: Managing and Protecting Wetlands (Ecology Publication #05-06-008, Olympia, WA, April 2005: hgps:Hfortress.wa. og v/ecy//publications/summMages/0506008.html . The GMA, in RCW 36.70a.030(21), requires local governments to regulate wetlands that Z meet the GMA-required definition of "wetland" (see the definition of "wetland" in the a' previous section). This includes Prior Converted Croplands (PCCs) and hydrologically isolated wetlands, two types of wetlands that have been exempt from federal regulation at o times. PCCs are wetlands that have been ditched and drained for active agricultural use o before December 23, 1985. Isolated wetlands are those wetlands that have no surface T_ hydrologic connection to waters of the United States. These wetlands must be regulated by z6 your CAO. Please see hqp://www.ecy.wa.go) /programs/sea/wetlands/isolated.html for r_ more information on how the state of Washington currently regulates isolated wetlands. The scientific literature does not support exempting wetlands that are below a certain size. While we recognize an administrative desire to place size thresholds on wetlands that are to be regulated, you need to be aware that it is not possible to conclude from size alone what functions a particular wetland may be providing. Ecology has developed a strategy for exempting small wetlands when additional criteria are considered. This language is present in the sample ordinance. However, impacts to small wetlands are NOT exempt from the requirement to provide compensatory mitigation for those impacts. If an in -lieu fee (ILF) program or a mitigation bank is available in your area (see page 15), these mitigation alternatives can help prevent a net loss of wetland function from impacts to small wetlands in your jurisdiction. Exceptions are typically addressed in a CAO in the context of reasonable use of property. For more information about this regulatory tool, see Section VII of the Critical Areas Assistance Handbook published by the Washington State Department of Commerce: htta://www.commerce.wa.izov/Documents/GMS-Critical-Areas-Assist-Handbook.adf . You should keep in mind that the Shoreline Management Act does not allow reasonable Wetlands Guidance for CAO Updates Western Washington Version Page 8 Packet Pg. 31 6.A.a use exceptions, providing instead a variance pathway to afford regulatory relief. If you decide to incorporate your CAO into your SNIP when the latter document is updated, you will need to address this potential inconsistency. Forest Practices Class I, II, and III forest practices should be exempted from the wetlands section of your CAO. These activities are regulated through RCW 76.09, the Forest Practices Act. Agricultural Activities In 2011 the Washington Legislature created the Voluntary Stewardship Program (VSP) as an alternative for meeting GMA requirements related to protecting critical areas and agricultural lands. In 2015 the state provided funding for participating counties to begin the VSP planning process. For more information on this program, see http://www.scc.wa.gov/voluntqa-stewardship/. For the GMA update cycle beginning 2015, some counties will begin addressing critical area issues related to agriculture through a VSP work plan. If your jurisdiction is not in a participating county or not in a participating watershed, then you must review and revise your development regulations for protecting wetlands as they apply to agricultural activities (see RCW 3 6.70A.7 10). If your jurisdiction is in a VSP watershed designated by a participating county, your GMA o responsibilities to protect critical areas from agricultural activities in or near wetlands will o be achieved through the VSP work plan. 9 However, it is important to keep in mind that federal and state regulations, such as the Clean Water Act and the State Water Pollution Control Act are still applicable in all jurisdictions regardless of participation or non -participation in the VSP. The VSP does not alter the responsibility of property owners to meet water quality standards, protect wetlands, and comply with state and federal environmental regulations. Ecology recommends the following for non-VSP jurisdictions: "Existing and ongoing agricultural activities" are often exempted from the provisions of a CAO. These activities should be clearly defined and should not include removing trees, diverting or impounding water, excavation, ditching, draining, culverting, filling, grading, or similar activities that introduce new adverse impacts to wetlands or other aquatic resources. Maintenance of agricultural ditches should be limited to removing sediment in existing ditches to a specified depth at date of last maintenance. Conversion of wetlands that are not currently in agricultural use to a new agricultural use should be subject to the same regulations that govern new development. Ecology encourages the use of Best Management Practices (BMPs), farm conservation plans, and incentive -based programs to improve agricultural practices in and near wetlands. The goal of the BMPs should be to ensure that ongoing agricultural activities Wetlands Guidance for CAO Updates Western Washington Version Page 9 Packet Pg. 32 6.A.a minimize their effects on water quality, riparian ecology, salmonid populations, and wildlife habitat. Strategies for Protecting Wetlands from Impacts Wetlands Inventory You may wish to pursue accurate identification and rating of all wetlands in your planning area based on the Washington State Wetland Rating System for Western Washington: 2014 Update (Washington State Department of Ecology Publication #14- 06-29, Olympia, WA, October 2014) and the approved federal wetland delineation manual and applicable regional supplements. These documents can be downloaded at: • http://www.ecy.wa.goy/programs/sea/wetlands/ratingsystems/index.html (rating systems) • http://www.ecy.wa.goy/programs/sea/wetlands/delineation.html (delineation manual and supplements) While this approach may initially be more labor intensive and expensive, such information will allow rapid review of development proposals and can help your jurisdiction prioritize areas for preservation or acquisition. This approach is consistent with BAS. It can help with the development of a landscape - analysis approach to protecting wetlands in your jurisdiction. Landscape analysis for o critical areas facilitates and informs long-range planning. The City of Aberdeen used this o approach in their CAO update. (See Section XX.050.13 in the sample ordinance.) 9 ABCs The most basic approach to protecting wetland functions and values can be summarized as the A-B-C Approach, or Avoid -Buffer -Compensate. This means that a CAO should contain language to ensure that: 1. Wetlands impacts are avoided to the extent practicable. 2. Wetlands are buffered to protect them from adjacent land -use impacts. 3. Unavoidable impacts are compensated, or replaced. Your CAO should provide requirements on how to reduce the severity of impacts to wetlands. When an alteration to a wetland is proposed, impacts should be avoided, minimized, or compensated for in the following sequential order of preference: Avoiding the impact altogether by not taking a certain action or parts of an action; Wetlands Guidance for CAO Updates Western Washington Version Page 10 Packet Pg. 33 6.A.a 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; 3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or 6. Monitoring the impact and taking appropriate corrective measures. Buffers Establishing standards for wetland buffers is usually the most challenging part of developing a CAO. However, developing a predictable, reasonable approach for establishing buffers that includes the best available science is not as difficult as it may seem. The scientific literature is unequivocal that buffers are necessary to protect wetland functions and values. The literature consistently reports that the primary factors to evaluate in determining appropriate buffer widths are: The wetland type and functions needing protection (buffers filter sediment, nutrients, or toxics; screen noise and light; provide forage, nesting, or resting habitat for wetland -dependent species; etc.). 2. The types of adjacent land use and their expected impacts. 3. The characteristics of the buffer area (slope, soils, vegetation). The widths of buffers needed vary widely, depending on these three factors. For example, providing filtration of coarse sediment from residential development next to a low -quality wetland would require only a relatively flat buffer of dense grasses or forest/shrub vegetation in the range of 20 to 30 feet. However, providing forage and nesting habitat for common wetland -dependent species such as waterfowl, herons, or amphibians in a high -quality wetland adjacent to residential development would require a buffer vegetated with trees and shrubs in the range of 200 to 300 feet. This illustrates the necessity of using an approach to buffers that incorporates wetland type and functions (based on an appropriate rating system), types of land use, and the environmental characteristics of the existing buffer. Your CAO should require buffers for activities that will impact wetland functions. Ecology's complete buffer recommendations are presented in Appendix 8-C of Wetlands Wetlands Guidance for CAO Updates Western Washington Version Page 11 Packet Pg. 34 6.A.a in Washington State, Volume 2 (revised October 2014). We recommend using the tables shown in the sample ordinance. Tables XX.1 and XX.3 are derived from the more -detailed tables in Volume 2. They are easy to use and are based on BAS. This approach provides the important balance of predictability and flexibility. Determination of buffer size is simply a matter of applying the results of the wetland rating system score to the buffer matrix, based on the wetland category and wildlife habitat score. It generally requires smaller buffers for those wetlands that do not have much wildlife use. Table XX.1 requires the use of the minimizing measures in Table XX.2. These measures are intended to reduce the impacts of the adjacent land use on the wetland. If impacts are reduced, the size of the buffer required to protect the wetland's functions can be reduced. The buffer widths in Table XX.1 represent a 25% reduction in our recommended buffers in Volume 2. Table XX.1 also requires the protection of a wildlife corridor between wetlands that score c 5 or more habitat points and any other Priority Habitat. This requirement is particularly c applicable in large or rural jurisdictions where species need to have access to other habitats to meet their life needs. A buffer is the usual means of providing this necessary = habitat. However, if buffer reduction is allowed, we cannot ensure that these species will have adequate access to habitat without providing a connective corridor. In urban areas, a' the best solution is a landscape -based approach that takes into account actual species use and spatial arrangement and connectivity of habitats. Without such an approach, o jurisdictions should use the guidance provided in the sample wetland chapter. c to If your jurisdiction is small and urban, providing a wildlife corridor may not be an option. You should consult with Ecology wetland staff to determine whether using Tables XX.1 and XX.2 alone will provide adequate protection for your wetland functions. Table XX.3 shows the buffer widths required if the minimizing measures in Table XX.2 are not implemented and if a wildlife corridor is not protected. These buffers are wider than those in Table XX.1, because the impacts to the wetland functions are potentially greater. The buffer tables XX.1 and XX.3 do not consider land -use intensity in the buffer calculation, since it is presumed that most urban land uses will be high or moderate intensity. However, if your jurisdiction has an activity that can be considered low intensity, such as a passive recreation area or nature park with undeveloped trails, you may wish to prescribe a smaller buffer for that area only. The buffer for an area should be no less than 75% of the otherwise required buffer. Such a "low -intensity" buffer is not appropriate for residential, commercial, or industrial uses. Of course, if your jurisdiction includes rural land uses, you should consider using the buffer tables in Appendix 8-C of Wetlands in Washington State, Volume 2 (revised October 2014). Wetlands Guidance for CAO Updates Western Washington Version Page 12 Packet Pg. 35 6.A.a Some wetland types listed in the buffer tables may not be present in your jurisdiction (e.g., coastal lagoons, bogs, interdunal wetlands, etc.). If you are certain that these wetlands do not occur within your jurisdiction and would not be introduced by future annexations, you may remove those wetland types from the buffer tables. You may wish to adopt an even simpler approach to wetland buffers, one based only on wetland category. In this case, buffers must be large enough to protect the most -sensitive wetlands from the most -damaging land -use impacts. Please refer to Table 8C-1 of Appendix 8-C of Wetlands in Washington State, Volume 2 (revised October 2014) for this example. Ecology's buffer recommendations are based on a moderate -risk approach to protecting wetland functions. This means that there is a moderate risk that wetland functions will be impacted. Adopting smaller buffers represents a high -risk approach, and you need to be prepared to justify why such an approach is necessary and to offer alternative means of protecting wetland functions that help reduce the risk. Ecology's buffer recommendations are also based on the assumption that the buffer is well vegetated with native species appropriate to the ecoregion. If the buffer does not consist of vegetation adequate to provide the necessary protection, then either the buffer area should be planted or the buffer width should be increased. Buffer Averaging 0 Local governments often wish to allow buffer widths to be varied in certain o circumstances. This may be reasonable if your standard buffers are adequate. The width c to of buffers may be averaged if this will improve the protection of wetland functions, or if it is the only way to allow for reasonable use of a parcel. Z We recommend that a request for buffer averaging include a wetland report. The report should be prepared by a qualified professional describing the current functions of the wetland and its buffer and the measures that will be taken to ensure that there is no loss of wetland function due to the buffer averaging. The width of the buffer at any given point after averaging should be no smaller than 75% of the standard buffer. If you choose to adopt narrower buffer widths than those supported by BAS, then further reductions to the buffer width should not be allowed under any circumstances. Mitigation Applicants are required by state and federal permitting agencies to show that they have followed mitigation sequencing and have first avoided and minimized impacts to wetlands wherever practicable. Your CAO should include the definition of mitigation sequencing and require applicants to demonstrate that they have applied avoidance and minimization. For more information and sample checklists, see http://www.ecy.wa.goy/programs/sea/wetlands/avoidance.html. Wetlands Guidance for CAO Updates Western Washington Version Page 13 Packet Pg. 36 6.A.a Unavoidable impacts to wetlands should be offset by compensatory mitigation. Your CAO should include standards for the type, location, amount, and timing of the mitigation. It should also include clear guidance on the design considerations and reporting requirements for mitigation plans. Ecology's recommendations for the amount of mitigation (ratios) are based on wetland category, function, and special characteristics. Requiring a greater area for mitigation than the wetland area that will be impacted helps offset both the risk that compensatory mitigation will fail and the temporal loss of functions that may occur. We recommend using the ratio table shown in the sample ordinance. It is derived from the more -detailed tables in Part 1 of the joint agency guidance on mitigation: Wetland Mitigation in Washington State, Parts I and 2 (Ecology Publications #06-06-011a & b, March 2006). As an alternative to the mitigation ratios found in the joint guidance, Ecology has developed a credit -debit tool for calculating when a proposed wetland mitigation project adequately replaces the functions and values lost when wetlands are impacted. The tool is designed to provide guidance for both regulators and applicants during two stages of the mitigation process: 1. Estimating the functions and values lost when a wetland is altered (debits), and 2. Estimating the gain in functions and values that result from the mitigation ' a (credits). 0 0 The Department of Ecology, however, does not require the use of this credit -debit o method. It provides one method for determining the adequacy of compensatory wetland T_ mitigation. It does not set any new regulatory requirements. The document and z6 worksheets can be downloaded at: http : //www. ecy. wa. goylpro grams/sea/wetlandslmiti gationlcreditdebit/index. html. In 2008 the Corps and the EPA issued a rule governing compensatory mitigation. The rule establishes performance standards and criteria to improve the quality and success of compensatory mitigation, mitigation banks, and in -lieu fee programs. For more information on the federal rule, see: http://water.0a.gov/lawsregs/guidance/wetlands/wetlandsmiti ag tion_index.cfm. By adopting mitigation standards based on the state and federal guidance and rules, you will be providing consistency for applicants who must also apply for state and federal permits. Mitigation Alternatives Various options are available for mitigation, in addition to the traditional on -site concurrent option. These options include placing the mitigation away from the project site (off -site mitigation), building mitigation in advance of project impacts, and using third -party mitigation providers such as wetland banks and in -lieu -fee programs. Deciding which option should be used depends on what works best for the applicant and Wetlands Guidance for CAO Updates Western Washington Version Page 14 Packet Pg. 37 6.A.a for the environment. Some of these options may not be available in your area at this time. However, we recommend that your CAO allow these options. They can be effective and valuable tools in preventing a net loss of wetland functions. Some project applicants may propose mitigation that is consistent with sound ecological principles but is located outside of your jurisdiction. You may wish to include language in your CAO that enables your government to allow such out -of -jurisdiction mitigation opportunities. In addition to the following options, you might want to consider allowing transfer of development rights (TDR) as a tool for protecting wetlands. The Department of Commerce is working with four Puget Sound counties in a pilot TDR program. For more information, contact the Commerce planner for your jurisdiction or see: Commerce Regional Assistance Teams. Mitigation Banking A mitigation bank is a site where wetlands, streams, and/or other aquatic resource areas G have been restored, established, enhanced, or (in certain circumstances) preserved for the L purpose of providing compensation for unavoidable impacts to aquatic resources. A mitigation bank may be created by a government agency, corporation, nonprofit = organization, or other entity. The bank sells its credits to permittees who are required to compensate for wetland impacts. Mitigation banks allow a permittee to simply write a a' check for their mitigation obligation. It is the bank owner who is responsible for the mitigation success. Mitigation banks require a formal agreement with the Corps, o Ecology, and the local jurisdiction to be used for federal or state permits. o to Ecology adopted the final Wetland Mitigation Banks Rule (WAC 173-700) in 2009. The purpose of the rule is to provide a framework for the certification, operation, and monitoring of wetland mitigation banks. To learn more about wetland banking and the rule, see Ecology's website at http: //www. ecy.wa. goy/programs/sea/wetlands/miti gation/banking/index.html. In -Lieu Fee (ILF) In this approach to mitigation, a permittee pays a fee to a third party in lieu of conducting project -specific mitigation or buying credits from a mitigation bank. ILF mitigation is used mainly to compensate for impacts to wetlands when better approaches to compensation are not available or practicable, or when the use of an ILF is in the best interest of the environment. An ILF represents the expected costs to a third party of replacing the wetland functions lost or degraded as a result of the permittee's project. Fees are typically held in trust until sufficient funds have been collected to finance a mitigation project. Only a nonprofit organization such as a local land trust, private conservation group, or government agency with demonstrated competence in natural resource management may operate an ILF program. All ILF programs must be approved by the Corps to be used for Section 404 Wetlands Guidance for CAO Updates Western Washington Version Page 15 Packet Pg. 38 6.A.a permits. To learn more about ILF programs, see Ecology's website at http://www.ecy.wa.aov/mitiaation/ilf html. Off -Site Mitigation This refers to compensatory mitigation that is not located at or near the project that generates impacts to wetlands. Off -site mitigation is generally allowed when on -site mitigation is not practicable or environmentally preferable. The 2008 federal rule on compensatory mitigation requires that some type of watershed approach be used in siting mitigation. Ecology, the Corps of Engineers, and EPA have developed guidance to help applicants select potential off -site mitigation sites. To download a copy of this guidance, Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington) (Ecology Publication #09-06-032, December 2009), please see https:Hfortress.wa. _ og v/ecy//publications/summg.Waaes/0906032.html. Advance Miti ag tion When compensatory mitigation is implemented before, and in anticipation of, future known impacts to wetlands, it is referred to as "advance mitigation." Advance mitigation has been used mostly for large mitigation projects that are constructed in distinct phases where the unavoidable impacts to wetlands are known. Advance mitigation lets an applicant provide all of the compensation needed for the entire project affecting wetlands at one time, which may result in more favorable mitigation ratios. Although similar to mitigation banking, advance mitigation is different in several ways. o Most importantly, advance mitigation is used only to compensate for the permittee's c specific project (or projects) with pre -identified impacts to wetlands. Wetland banks � provide mitigation for unknown future impacts within a specific "service" area. The z6 advance mitigation can be used only by the permittee. Advance mitigation may not be c sold unless it is changed to a wetland bank. Ecology, WDFW, and the Corps have developed guidance to help applicants develop advance mitigation proposals. To .2 download a copy of this guidance, Interagency Regulatory Guide: Advance Permittee- a Responsible Mitigation (Ecology Publication #12-06-015, December 2012), please see °U' h!tps:Hfortress.wa. og v/ecy//publications/Summgn Pages/1206015.html r_ Conclusion We hope you find this information helpful. If you have questions about this document or need additional assistance with the wetlands section of your critical areas ordinance update, please call Donna Bunten at (360) 407-7172 or donna.buntengecy.wa. -og_v. You may also contact one of Ecology's regional wetland specialists. They are available to work with you during your update process. For example, they can offer presentations to elected officials and planning commissions. They can also provide technical assistance including help with wetland delineation, wetland rating, ordinary high water Wetlands Guidance for CAO Updates Western Washington Version Page 16 Packet Pg. 39 6.A.a mark determination, and project review. Please use the following link to find the wetland specialist for your area: http://www.ecy.wa.goy/programs/sea/wetlands/contacts.htm. For assistance with other aspects of your critical areas ordinance update, please contact the Department of Commerce at (360) 725-3000. 0 0 W 0 to Wetlands Guidance for CAO Updates Western Washington Version Page 17 Packet Pg. 40 6.A.a This page is purposely left blank 0 0 w 0 to r Wetlands Guidance for CAO Updates Western Washington Version Page 18 Packet Pg. 41 6.A.a Appendix A - Sample Wetlands Chapter (Western Washington) Wetlands Guidance for CAO Updates Western Washington Version Page 19 Packet Pg. 42 6.A.a This page is purposely left blank Wetlands Guidance for CAO Updates Western Washington Version Page 20 0 0 w 0 to Packet Pg. 43 6.A.a Subchapter XXAX Wetlands Sections: XX.010 Purpose XX.020 Identification and Rating XX.030 Regulated Activities XX.040 Exemptions and Allowed Uses in Wetlands XX.050 Wetland Buffers XX.060 Critical Area Reports XX.070 Compensatory Mitigation XX.080 Unauthorized Alterations and Enforcement XX.010 Purpose The purposes of this Chapter are to: A. Recognize and protect the beneficial functions performed by many wetlands, which include, but are not limited to, providing food, breeding, nesting and/or rearing habitat for fish and wildlife; recharging and discharging ground water; contributing to 2 stream flow during low flow periods; stabilizing stream banks and shorelines; storing storm and flood waters to reduce flooding and erosion; and improving water quality a through biofiltration, adsorption, and retention and transformation of sediments, c nutrients, and toxicants. G �o 0 to B. Regulate land use to avoid adverse effects on wetlands and maintain the functions and values of wetlands throughout (name of jurisdiction). Z C. Establish review procedures for development proposals in and adjacent to wetlands. 1. Compliance with the provisions of the Chapter does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, Shoreline Substantial Development Permits, HPA permits, Army Corps of Engineers Section 404 permits, NPDES permits). The applicant is responsible for complying with these requirements, apart from the process established in this Chapter. XX.020 Identification and Rating A. Identification and Delineation. Identification of wetlands and delineation of their boundaries pursuant to this Chapter shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplement. All areas within the City meeting the wetland designation criteria in that procedure are hereby designated critical areas and are subject to the provisions of this Chapter. Wetland delineations are Wetlands Guidance for CAO Updates Western Washington Version Page 21 Packet Pg. 44 6.A.a valid for five years; after such date the City shall determine whether a revision or additional assessment is necessary. B. Rating. Wetlands shall be rated according to the Washington Department of Ecology wetland rating system, as set forth in the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication #14-06-029, or as revised and approved by Ecology), which contains the definitions and methods for determining whether the criteria below are met. 1. Category L Category I wetlands are: (1) relatively undisturbed estuarine wetlands larger than 1 acre; (2) wetlands of high conservation value that are identified by scientists of the Washington Natural Heritage Program/DNR; (3) bogs; (4) mature and old -growth forested wetlands larger than 1 acre; (5) wetlands in coastal lagoons; (6) interdunal wetlands that score 8 or 9 habitat points and are larger than 1 acre; and (7) wetlands that perform many functions well (scoring 23 points or more). These wetlands: (1) represent unique or rare wetland types; (2) are more sensitive to disturbance than most wetlands; (3) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or (4) provide a high level of functions. 2. Category II. Category II wetlands are: (1) estuarine wetlands smaller than 1 acre, or disturbed estuarine wetlands larger than 1 acre; (2) interdunal a wetlands larger than 1 acre or those found in a mosaic of wetlands; or (3) o wetlands with a moderately high level of functions (scoring between 20 W and 22 points). 9 3. Category III. Category III wetlands are: (1) wetlands with a moderate level of functions (scoring between 16 and 19 points); (2) can often be adequately replaced with a well -planned mitigation project; and (3) interdunal wetlands between 0.1 and 1 acre. Wetlands scoring between 16 and 19 points generally have been disturbed in some ways and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands. 4. Category IV. Category IV wetlands have the lowest levels of functions (scoring fewer than 16 points) and are often heavily disturbed. These are wetlands that we should be able to replace, or in some cases to improve. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions, and should be protected to some degree. C. Illegal modifications. Wetland rating categories shall not change due to illegal modifications made by the applicant or with the applicant's knowledge. Wetlands Guidance for CAO Updates Western Washington Version Page 22 Packet Pg. 45 6.A.a XX.030 Regulated Activities A. For any regulated activity, a critical areas report (see Chapter XX.060 of this Chapter) may be required to support the requested activity. B. The following activities are regulated if they occur in a regulated wetland or its buffer: 1. The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind. 2. The dumping of, discharging of, or filling with any material. 3. The draining, flooding, or disturbing of the water level or water table. 4. Pile driving. 5. The placing of obstructions. 6. The construction, reconstruction, demolition, or expansion of any structure 7. The destruction or alteration of wetland vegetation through clearing, Z harvesting, shading, intentional burning, or planting of vegetation that a' would alter the character of a regulated wetland. 0 0 8. "Class IV - General Forest Practices" under the authority of the "1992 c Washington State Forest Practices Act Rules and Regulations," WAC 222- T- 12-030, or as thereafter amended. z 9. Activities that result in: a. A significant change of water temperature. b. A significant change of physical or chemical characteristics of the sources of water to the wetland. c. A significant change in the quantity, timing, or duration of the water entering the wetland. d. The introduction of pollutants. C. Subdivisions. The subdivision and/or short subdivision of land in wetlands and associated buffers are subject to the following: Land that is located wholly within a wetland or its buffer may not be subdivided. Wetlands Guidance for CAO Updates Western Washington Version Page 23 Packet Pg. 46 6.A.a 2. Land that is located partially within a wetland or its buffer may be subdivided provided that an accessible and contiguous portion of each new lot is: a. Located outside of the wetland and its buffer; and b. Meets the minimum lot size requirements of Chapter XX.XX. XX.040 Exemptions and Allowed Uses in Wetlands A. The following wetlands may be exempt from the requirement to avoid impacts (Chapter XX.070.A.1), and they may be filled if the impacts are fully mitigated based on the remaining actions in Chapter XX.070.A.2 through 6. If available, impacts should be mitigated through the purchase of credits from an in -lieu fee program or mitigation bank, consistent with the terms and conditions of the program or bank. In order to verify the following conditions, a critical area report for wetlands meeting the requirements in Chapter XX.060 must be submitted. All isolated Category IV wetlands less than 4,000 square feet that: a. Are not associated with riparian areas or their buffers b. Are not associated with shorelines of the state or their associated buffers o W 0 c. Are not part of a wetland mosaic to d. Do not score 5 or more points for habitat function based on the 2014 update to the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication #14-06-029, or as revised and approved by Ecology) e. Do not contain a Priority Habitat or a Priority Areal for a Priority Species identified by the Washington Department of Fish and Wildlife, do not contain federally listed species or their critical habitat, or species of local importance identified in Chapter XX.XX. 2. Wetlands less than 1,000 square feet that meet the above criteria and do not contain federally listed species or their critical habitat are exempt from the buffer provisions contained in this Chapter. 'See page 6 of "Priority Habitat and Species List," Washington Department of Fish and Wildlife, 2008, Olympia, Washington. 177 pp. Wetlands Guidance for CAO Updates Western Washington Version Page 24 Packet Pg. 47 6.A.a B. Activities Allowed in Wetlands. The activities listed below are allowed in wetlands. These activities do not require submission of a critical area report, except where such activities result in a loss of the functions and values of a wetland or wetland buffer. These activities include: Existing and ongoing agricultural activities, provided that they implement applicable Best Management Practices (BMPs) contained in the latest editions of the USDA Natural Resources Conservation Service (MRCS) Field Office Technical Guide (FOTG); or develop a farm conservation plan in coordination with the local conservation district. BMPs and/or farm plans should address potential impacts to wetlands from livestock, nutrient and farm chemicals, soil erosion and sediment control and agricultural drainage infrastructure. BMPs and/or farm plans should ensure that ongoing agricultural activities minimize their effects on water quality, riparian ecology, salmonid populations, and wildlife habitat. 2. Those activities and uses conducted pursuant to the Washington State Forest Practices Act and its rules and regulations, WAC 222-12-030, where state law specifically exempts local authority, except those developments requiring local approval for Class 4 — General Forest Practice Permits (conversions) as defined in RCW 76.09 and WAC 222- 12. 3. Conservation or preservation of soil, water, vegetation, fish, shellfish, o and/or other wildlife that does not entail changing the structure or c functions of the existing wetland. T_ 4. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, chemical applications, or alteration of the wetland by changing existing topography, water conditions, or water sources. 5. Drilling for utilities/utility corridors under a wetland, with entrance/exit portals located completely outside of the wetland buffer, provided that the drilling does not interrupt the ground water connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the ground water connection to the wetland or percolation of surface water down through the soil column will be disturbed. 6. Enhancement of a wetland through the removal of non-native invasive plant species. Removal of invasive plant species shall be restricted to hand removal unless permits from the appropriate regulatory agencies have been obtained for approved biological or chemical treatments. All removed plant material shall be taken away from the site and appropriately Wetlands Guidance for CAO Updates Western Washington Version Page 25 Packet Pg. 48 6.A.a disposed of. Plants that appear on the Washington State Noxious Weed Control Board list of noxious weeds must be handled and disposed of according to a noxious weed control plan appropriate to that species. Re - vegetation with appropriate native species at natural densities is allowed in conjunction with removal of invasive plant species. 7. Educational and scientific research activities. 8. Normal and routine maintenance and repair of any existing public or private facilities within an existing right-of-way, provided that the maintenance or repair does not expand the footprint of the facility or right- of-way. 9. Stormwater management facilities. A wetland or its buffer can be physically or hydrologically altered to meet the requirements of an LID, Runoff Treatment or Flow Control BMP if ALL of the following criteria are met: a. The wetland is classified as a Category IV or a Category III wetland with a habitat score of 3-4 points, and b. There will be "no net loss" of functions and values of the wetland, and 0 0 c. The wetland does not contain a breeding population of any native c amphibian species, and to d. The hydrologic functions of the wetland can be improved as outlined in questions 3, 4, 5 of Chart 4 and questions 2, 3, 4 of Chart 5 in the "Guide for Selecting Mitigation Sites Using a Watershed Approach," (available here: http://www.ecy.wa.gov/biblio/0906032.html); or the wetland is part of a priority restoration plan that achieves restoration goals identified in a Shoreline Master Program or other local or regional watershed plan, and e. The wetland lies in the natural routing of the runoff, and the discharge follows the natural routing, and f All regulations regarding stormwater and wetland management are followed, including but not limited to local and state wetland and stormwater codes, manuals, and permits, and g. Modifications that alter the structure of a wetland or its soils will require permits. Existing functions and values that are lost would have to be compensated/replaced. Wetlands Guidance for CAO Updates Western Washington Version Page 26 Packet Pg. 49 6.A.a Stormwater LID BMPs required as part of New and Redevelopment projects can be considered within wetlands and their buffers. However, these areas may contain features that render LID BMPs infeasible. A site - specific characterization is required to determine if an LID BMP is feasible at the project site. XX.050 Wetland Buffers A. Buffer Requirements. The following buffer widths have been established in accordance with the best available science. They are based on the category of wetland and the habitat score as determined by a qualified wetland professional using the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication #14-06-029, or as revised and approved by Ecology). The adjacent land use intensity is assumed to be high. 1. For wetlands that score 5 points or more for habitat function, the buffers in Table XX.1 can be used if both of the following criteria are met: • A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland and any other Priority Habitats as defined by the Washington State Department of Fish and Wildlife. a The latest definitions of priority habitats and their locations are c available on the WDFW web site at: q http://wdfw.wa.gov/hab/phshabs.htm) 9 The corridor must be protected for the entire distance between the o wetland and the Priority Habitat by some type of legal protection C such as a conservation easement. Presence or absence of a nearby habitat must be confirmed by a qualified biologist. If no option for providing a corridor is available, Table XX.1 may be used with the required measures in Table XX.2 alone.2 • The measures in Table XX.2 are implemented, where applicable, to minimize the impacts of the adjacent land uses. 2. For wetlands that score 3-4 habitat points, only the measures in Table XX.2 are required for the use of Table XX.1 3. If an applicant chooses not to apply the mitigation measures in Table XX.2, or is unable to provide a protected corridor where available, then Table XX.3 must be used. 2 See discussion in the Introduction, page 12 as to whether this applies in small urban jurisdictions. Wetlands Guidance for CAO Updates Western Washington Version Page 27 Packet Pg. 50 6.A.a 4. The buffer widths in Table XX. I and XX.3 assume that the buffer is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should either be planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided. Table XXA Wetland Buffer Requirements for Western Washington if Table XX.2 is Implemented and Corridor Provided Buffer width (in feet) based on habitat score 3-4 5 6-7 8-9 Wetland Category Category I: 75 105 165 225 Based on total score Category L• Bogs and 190 225 Wetlands of High Conservation Value Category I: 150 165 225 Coastal Lagoons Category I: 225 Interdunal Category I: 75 105 165 225 Forested Category I: 150 Estuarine (buffer width not based on habitat scores) Category II: 75 105 165 225 Based on score Category II: 110 165 225 Interdunal Wetlands Category II: 110 Estuarine (buffer width not based on habitat scores) Category III (all) 60 105 165 225 Category IV (all) 40 Wetlands Guidance for CAO Updates Western Washington Version Page 28 0 0 W 0 to Packet Pg. 51 6.A.a Table XX.2 Required measures to minimize impacts to wetlands (Measures are required if applicable to a specific proposal) Disturbance Required Measures to Minimize Impacts Lights • Direct lights away from wetland Noise • Locate activity that generates noise away from wetland • If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source • For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10' heavily vegetated buffer strip immediately adjacent to the outer wetland buffer Toxic runoff • Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered • Establish covenants limiting use of pesticides within 150 ft of wetland • Apply integrated pest management Stormwater runoff • Retrofit stormwater detention and treatment for roads and existing adjacent development • Prevent channelized flow from lawns that directly enters the buffer • Use Low Intensity Development techniques (for more information refer to the drainage ordinance and manual) Change in water • Infiltrate or treat, detain, and disperse into buffer new runoff from regime impervious surfaces and new lawns Pets and human • Use privacy fencing OR plant dense vegetation to delineate buffer disturbance edge and to discourage disturbance using vegetation appropriate for the ecoregion • Place wetland and its buffer in a separate tract or protect with a conservation easement Dust • Use best management practices to control dust Wetlands Guidance for CAO Updates Western Washington Version Page 29 0 0 W 0 to Packet Pg. 52 6.A.a Table XX.3 Wetland Buffer Requirements for Western Washington if Table XX.2 is NOT Implemented or Corridor NOT provided Buffer width (in feet) based on habitat score 3-4 5 6-7 8-9 Wetland Category Category I: 100 140 220 300 Based on total score Category L• Bogs and 250 300 Wetlands of High Conservation Value Category I: 200 220 300 Coastal Lagoons Category I: 300 Interdunal Category I: 100 140 220 300 Forested Category I: 200 Estuarine (buffer width not based on habitat scores) Category II: 100 140 220 300 Based on score Category II: 150 220 300 Interdunal Wetlands Category II: 150 Estuarine (buffer width not based on habitat scores) Category III (all) 80 140 220 300 Category IV (all) 50 Wetlands Guidance for CAO Updates Western Washington Version Page 30 0 0 W 0 to Packet Pg. 53 6.A.a 5. Increased Wetland Buffer Area Width. Buffer widths shall be increased on a case -by -case basis as determined by the Administrator when a larger buffer is necessary to protect wetland functions and values. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the wetland. The documentation must include but not be limited to the following criteria: a. The wetland is used by a state or federally listed plant or animal species or has essential or outstanding habitat for those species, or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees; or b. The adjacent land is susceptible to severe erosion, and erosion -control measures will not effectively prevent adverse wetland impacts; or The adjacent land has minimal vegetative cover or slopes greater than 30 percent. 6. Buffer averaging to improve wetland protection may be permitted when all of the following conditions are met: a. The wetland has significant differences in characteristics that affect its o habitat functions, such as a wetland with a forested component c adjacent to a degraded emergent component or a "dual -rated" wetland to with a Category I area adjacent to a lower -rated area. o b. The buffer is increased adjacent to the higher -functioning area of habitat or more -sensitive portion of the wetland and decreased adjacent to the lower -functioning or less -sensitive portion as demonstrated by a critical areas report from a qualified wetland professional. c. The total area of the buffer after averaging is equal to the area required without averaging. d. The buffer at its narrowest point is never less than either 3/4 of the required width or 75 feet for Category I and II, 50 feet for Category IIl, and 25 feet for Category IV, whichever is greater. 7. Averaging to allow reasonable use of a parcel may be permitted when all of the following are met: a. There are no feasible alternatives to the site design that could be accomplished without buffer averaging. Wetlands Guidance for CAO Updates Western Washington Version Page 31 Packet Pg. 54 6.A.a b. The averaged buffer will not result in degradation of the wetland's functions and values as demonstrated by a critical areas report from a qualified wetland professional. c. The total buffer area after averaging is equal to the area required without averaging. d. The buffer at its narrowest point is never less than either 3/4 of the required width or 75 feet for Category I and II, 50 feet for Category III and 25 feet for Category IV, whichever is greater. B. To facilitate long-range planning using a landscape approach, the Administrator may identify and pre -assess wetlands using the rating system and establish appropriate wetland buffer widths for such wetlands. The Administrator will prepare maps of wetlands that have been pre -assessed in this manner. C. Measurement of Wetland Buffers. All buffers shall be measured perpendicular from the wetland boundary as surveyed in the field. The buffer for a c wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or = enhanced wetland. Buffers must be fully vegetated in order to be included in buffer area calculations. Lawns, walkways, driveways, and other mowed or paved areas will not be a' considered buffers or included in buffer area calculations. 0 0 D. Buffers on Wetland Mitigation Sites. All wetland mitigation sites shall have o buffers consistent with the buffer requirements of this Chapter. Buffers shall be based on T_ the expected or target category of the proposed wetland mitigation site. d E. Buffer Maintenance. Except as otherwise specified or allowed in accordance with this Chapter, wetland buffers shall be retained in an undisturbed or enhanced condition. In the case of compensatory mitigation sites, removal of invasive non-native weeds is required for the duration of the mitigation bond (Section XX.070.J.2.a.x). F. Impacts to Buffers. Requirements for the compensation for impacts to buffers are outlined in Section XX.070 of this Chapter. G. Overlapping Critical Area Buffers. If buffers for two contiguous critical areas overlap (such as buffers for a stream and a wetland), the wider buffer applies. H. Allowed Buffer Uses. The following uses may be allowed within a wetland buffer in accordance with the review procedures of this Chapter, provided they are not prohibited by any other applicable law and they are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland: Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife. Wetlands Guidance for CAO Updates Western Washington Version Page 32 Packet Pg. 55 6.A.a 2. Passive recreation facilities designed and in accordance with an approved critical area report, including: a. Walkways and trails, provided that those pathways are limited to minor crossings having no adverse impact on water quality. They should be generally parallel to the perimeter of the wetland, located only in the outer twenty-five percent (25%) of the wetland buffer area, and located to avoid removal of significant trees. They should be limited to pervious surfaces no more than five (5) feet in width for pedestrian use only. Raised boardwalks utilizing non -treated pilings may be acceptable. b. Wildlife -viewing structures. 3. Educational and scientific research activities. 4. Normal and routine maintenance and repair of any existing public or private facilities within an existing right-of-way, provided that the maintenance or repair does not increase the footprint or use of the facility or right-of-way. 5. The harvesting of wild crops in a manner that is not injurious to natural a reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, chemical applications, or alteration of the o wetland by changing existing topography, water conditions, or water o sources. T_ 6. Drilling for utilities/utility corridors under a buffer, with entrance/exit portals located completely outside of the wetland buffer boundary, provided that the drilling does not interrupt the ground water connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the ground water connection to the wetland or percolation of surface water down through the soil column would be disturbed. 7. Enhancement of a wetland buffer through the removal of non-native invasive plant species. Removal of invasive plant species shall be restricted to hand removal. All removed plant material shall be taken away from the site and appropriately disposed of. Plants that appear on the Washington State Noxious Weed Control Board list of noxious weeds must be handled and disposed of according to a noxious weed control plan appropriate to that species. Revegetation with appropriate native species at natural densities is allowed in conjunction with removal of invasive plant species. Wetlands Guidance for CAO Updates Western Washington Version Page 33 Packet Pg. 56 6.A.a 8. Repair and maintenance of non -conforming uses or structures, where legally established within the buffer, provided they do not increase the degree of nonconformity. I. Signs and Fencing of Wetlands and Buffers: Temporary markers. The outer perimeter of the wetland buffer and the clearing limits identified by an approved permit or authorization shall be marked in the field with temporary "clearing limits" fencing in such a way as to ensure that no unauthorized intrusion will occur. The marking is subject to inspection by the Administrator prior to the commencement of permitted activities. This temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place. 2. Permanent signs. As a condition of any permit or authorization issued pursuant to this Chapter, the Administrator may require the applicant to install permanent signs along the boundary of a wetland or buffer. a. Permanent signs shall be made of an enamel -coated metal face and attached to a metal post or another non -treated material of equal x durability. Signs must be posted at an interval of one (1) every fifty .2 (50) feet, or one (1) per lot if the lot is less than fifty (50) feet wide, a and must be maintained by the property owner in perpetuity. The signs shall be worded as follows or with alternative language approved g by the Administrator: c to Protected Wetland Area Do Not Disturb Contact [Local Jurisdiction] Regarding Uses, Restrictions, and Opportunities for Stewardship b. The provisions of Subsection (a) may be modified as necessary to assure protection of sensitive features or wildlife. 3. Fencing a. The applicant shall be required to install a permanent fence around the wetland or buffer when domestic grazing animals are present or may be introduced on site. b. Fencing installed as part of a proposed activity or as required in this Subsection shall be designed so as to not interfere with species migration, including fish runs, and shall be constructed in a manner that minimizes impacts to the wetland and associated habitat. Wetlands Guidance for CAO Updates Western Washington Version Page 34 Packet Pg. 57 6.A.a XX.060 Critical Area Report for Wetlands A. If the Administrator determines that the site of a proposed development includes, is likely to include, or is adjacent to a wetland, a wetland report, prepared by a qualified professional, shall be required. The expense of preparing the wetland report shall be borne by the applicant. B. Minimum Standards for Wetland Reports. The written report and the accompanying plan sheets shall contain the following information, at a minimum: 1. The written report shall include at a minimum: a. The name and contact information of the applicant; the name, qualifications, and contact information for the primary author(s) of the wetland critical area report; a description of the proposal; identification of all the local, state, and/or federal wetland -related permit(s) required for the project; and a vicinity map for the project. b. A statement specifying the accuracy of the report and all assumptions made and relied upon. c. Documentation of any fieldwork performed on the site, including field a data sheets for delineations, rating system forms, baseline hydrologic data, etc. c W 0 d. A description of the methodologies used to conduct the wetland T_ delineations, wetland ratings, or impact analyses, including references. e. Identification and characterization of all critical areas, wetlands, water bodies, shorelines, floodplains, and buffers on or adjacent to the proposed project area. For areas off site of the project site, estimate conditions within 300 feet of the project boundaries using the best available information. f. For each wetland identified on site and within 300 feet of the project boundary, provide: the wetland rating, including a description of and score for each function, per Wetland Ratings (Section XX.020.13) of this Chapter; required buffers; hydrogeomorphic classification; wetland acreage based on a professional survey from the field delineation (acreages for on -site portion or estimate entire wetland area including off -site portions); Cowardin classification of vegetation communities; habitat elements; soil conditions based on site assessment and/or soil survey information; and to the extent possible, hydrologic information such as location and condition of inlets/outlets (if they can be legally accessed), estimated water depths within the wetland, and estimated hydroperiod patterns based on visual cues (e.g., Wetlands Guidance for CAO Updates Western Washington Version Page 35 Packet Pg. 58 6.A.a algal mats, drift lines, flood debris, etc.). Provide acreage estimates, classifications, and ratings based on entire wetland complexes, not only the portion present on the proposed project site. g. A description of the proposed actions, including an estimation of acreages of impacts to wetlands and buffers based on the field delineation and survey and an analysis of site development alternatives, including a no -development alternative. h. An assessment of the probable cumulative impacts to the wetlands and buffers resulting from the proposed development. i. A description of reasonable efforts made to apply mitigation sequencing pursuant to Mitigation Sequencing (Chapter XX.070.A) to avoid, minimize, and mitigate impacts to critical areas. j. A discussion of measures, including avoidance, minimization, and compensation, proposed to preserve existing wetlands and restore any wetlands that were degraded prior to the current proposed land -use activity. k. A conservation strategy for habitat and native vegetation that a' addresses methods to protect and enhance on -site habitat and wetland functions. o W 0 1. An evaluation of the functions of the wetland and its buffer. Include T_ references for the method used and data sheets. d 2. A copy of the site plan sheet(s) for the project must be included with the written report and must include, at a minimum: a. Maps (to scale) depicting delineated and surveyed wetland and required buffers on site, including buffers for off -site critical areas that extend onto the project site; the development proposal; other critical areas; grading and clearing limits; and areas of proposed impacts to wetlands and/or buffers (include square footage estimates). b. A depiction of the proposed stormwater management facilities and outlets (to scale) for the development, including estimated areas of intrusion into the buffers of any critical areas. The written report shall contain a discussion of the potential impacts to the wetland(s) associated with anticipated hydroperiod alterations from the project. Wetlands Guidance for CAO Updates Western Washington Version Page 36 Packet Pg. 59 6.A.a XX.070 Compensatory Mitigation. A. Mitigation Sequencing. Before impacting any wetland or its buffer, an applicant shall demonstrate that the following actions have been taken. Actions are listed in the order of preference: Avoid the impact altogether by not taking a certain action or parts of an action. 2. Minimize impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts. 3. Rectify the impact by repairing, rehabilitating, or restoring the affected environment. 4. Reduce or eliminate the impact over time by preservation and maintenance operations. 5. Compensate for the impact by replacing, enhancing, or providing substitute resources or environments. 6. Monitor the required compensation and take remedial or corrective measures when necessary. o W 0 B. Requirements for Compensatory Mitigation: T- Compensatory mitigation for alterations to wetlands shall be used only for impacts that cannot be avoided or minimized and shall achieve equivalent or greater biologic functions. Compensatory mitigation plans shall be consistent with Wetland Mitigation in Washington State Part 2: Developing Mitigation Plans —Version 1, (Ecology Publication #06-06- 01 lb, Olympia, WA, March 2006, or as revised), and Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington) (Publication #09-06-32, Olympia, WA, December 2009). 2. Mitigation ratios shall be consistent with Subsection H of this Chapter. 3. Mitigation requirements may also be determined using the credit/debit tool described in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report (Ecology Publication #10-06-011, Olympia, WA, March 2012, or as revised) consistent with subsection H of this Chapter. C. Compensating for Lost or Affected Functions. Compensatory mitigation shall E address the functions affected by the proposed project, with an intention to achieve functional equivalency or improvement of functions. The goal shall be for the 2 Wetlands Guidance for CAO Updates Q Western Washington Version Page 37 Packet Pg. 60 6.A.a compensatory mitigation to provide similar wetland functions as those lost, except when either: 1. The lost wetland provides minimal functions, and the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal Washington state watershed assessment plan or protocol; or 2. Out -of -kind replacement of wetland type or functions will best meet watershed goals formally identified by the City, such as replacement of historically diminished wetland types. D. Approaches to Compensatory Mitigation. Mitigation for lost or diminished wetland and buffer functions shall rely on the approaches listed below. Wetland mitigation banks. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the mitigation bank instrument. Use of credits from a wetland mitigation bank certified under Chapter 173-700 WAC is allowed if: a. The approval authority determines that it would provide appropriate compensation for the proposed impacts; and 0 b. The impact site is located in the service area of the bank. o 0 to c. The proposed use of credits is consistent with the terms and conditions of the certified mitigation bank instrument. z° d. Replacement ratios for projects using bank credits is consistent with replacement ratios specified in the certified mitigation bank instrument. 2. In -Lieu Fee Mitigation: Credits from an approved in -lieu -fee program may be used when all of the following apply: a. The approval authority determines that it would provide environmentally appropriate compensation for the proposed impacts. b. The proposed use of credits is consistent with the terms and conditions of the approved in -lieu -fee program instrument. Projects using in -lieu -fee credits shall have debits associated with the proposed impacts calculated by the applicant's qualified wetland professional using the credit assessment method specified in the approved instrument for the in -lieu -fee program. Wetlands Guidance for CAO Updates Western Washington Version Page 38 Packet Pg. 61 6.A.a d. The impacts are located within the service area specified in the approved in -lieu -fee instrument. 3. Permittee-responsible mitigation. In this situation, the permittee performs the mitigation after the permit is issued and is ultimately responsible for implementation and success of the mitigation. Permittee-responsible mitigation may occur at the site of the permitted impacts or at an off -site location within the same watershed. Permittee-responsible mitigation shall be used only if the applicant's qualified wetland professional demonstrates to the approval authority's satisfaction that the proposed approach is ecologically preferable to use of a bank or ILF program, consistent with the criteria in this section. E. Types of Compensatory Mitigation. Mitigation for lost or diminished wetland and buffer functions shall rely on a type listed below in order of preference. A lower - preference form of mitigation shall be used only if the applicant's qualified wetland professional demonstrates to the approval authority's satisfaction that all higher -ranked types of mitigation are not viable, consistent with the criteria in this section. Restoration: The manipulation of the physical, chemical, or biological = characteristics of a site with the goal of returning natural or historic .2 functions to a former or degraded wetland. For the purpose of tracking net a gains in wetland acres, restoration is divided into: 0 0 a. Re-establishment: The manipulation of the physical, chemical, or c biological characteristics of a site with the goal of returning natural or to historic functions to a former wetland. Re-establishment results in a c gain in wetland acres (and functions). Activities could include z removing fill material, plugging ditches, or breaking drain tiles. 2 b. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities could involve breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. 2. Establishment (Creation): The manipulation of the physical, chemical, or biological characteristics of a site to develop a wetland on an upland or deepwater site where a wetland did not previously exist. Establishment results in a gain in wetland acres. Activities typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils, and support the growth of hydrophytic plant species. a. If a site is not available for wetland restoration to compensate for expected wetland and/or buffer impacts, the approval authority may Wetlands Guidance for CAO Updates Western Washington Version Page 39 Packet Pg. 62 6.A.a authorize creation of a wetland and buffer upon demonstration by the applicant's qualified wetland professional that: The hydrology and soil conditions at the proposed mitigation site are conducive for sustaining the proposed wetland and that creation of a wetland at the site will not likely cause hydrologic problems elsewhere; ii. Adjacent land uses and site conditions do not jeopardize the viability of the proposed wetland and buffer (e.g., due to the presence of invasive plants or noxious weeds, stormwater runoff, noise, light, or other impacts); and iii. The proposed wetland and buffer will eventually be self- sustaining with little or no long-term maintenance. I Enhancement. The manipulation of the physical, chemical, or biological c characteristics of a wetland site to heighten, intensify, or improve specific c function(s) or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water = quality improvement, flood water retention, or wildlife habitat. Enhancement results in a change in some wetland functions and can lead a' to a decline in other wetland functions, but does not result in a gain in wetland acres. Activities typically consist of planting vegetation, o controlling non-native or invasive species, modifying site elevations or the o proportion of open water to influence hydroperiods, or some combination T_ of these activities. Applicants proposing to enhance wetlands or z° associated buffers shall demonstrate how the proposed enhancement will r_ increase the wetland's/buffer's functions, how this increase in function 2 will adequately compensate for the impacts, and how existing wetland 2 functions at the mitigation site will be protected. ; 4. Protection/Maintenance (Preservation). Removing a threat to, or preventing the decline of, wetland conditions by an action in or near a wetland. This includes the purchase of land or easements, or repairing water control structures or fences. This term also includes activities commonly associated with the term preservation. Preservation does not result in a gain of wetland acres. Permanent protection of a Category I or II wetland and associated buffer at risk of degradation can be used only if: a. The approval authority determines that the proposed preservation is the best mitigation option; b. The proposed preservation site is under threat of undesirable ecological change due to permitted, planned, or likely actions that will not be adequately mitigated under existing regulations; Wetlands Guidance for CAO Updates Western Washington Version Page 40 Packet Pg. 63 6.A.a c. The area proposed for preservation is of high quality or critical for the health of the watershed or basin due to its location. Some of the following features may be indicative of high -quality sites: i. Category I or II wetland rating (using the wetland rating system for western Washington) ii. Rare or irreplaceable wetland type (for example, bogs, mature forested wetlands, estuarine wetlands) or aquatic habitat that is rare or a limited resource in the area; iii. The presence of habitat for priority or locally important wildlife species; or also list has provides biological and/or hydrological connectivity; iv. Provides biololgical and/or hydrological connectivity; v. Priority sites in an adopted watershed plan. d. Permanent preservation of the wetland and buffer will be provided through a conservation easement or tract held by an appropriate natural ' a land resource manager, such as a land trust. 0 0 e. The approval authority may approve other legal and administrative o mechanisms in lieu of a conservation easement if it determines they are T_ adequate to protect the site. f. Ratios for preservation in combination with other forms of mitigation generally range from 10:1 to 20:1, as determined on a case -by -case basis, depending on the quality of the wetlands being impacted and the quality of the wetlands being preserved. Ratios for preservation as the sole means of mitigation generally start at 20:1. F. Location of Compensatory Mitigation. Compensatory mitigation actions shall generally be conducted within the same sub -drainage basin and on the site of the alteration except when the applicant can demonstrate that off -site mitigation is ecologically preferable. The following criteria will be evaluated when determining whether the proposal is ecologically preferable. When considering off -site mitigation, preference should be given to using alternative mitigation, such as a mitigation bank, an in -lieu -fee program, or advance mitigation. There are no reasonable opportunities on site or within the sub -drainage basin (e.g., on -site options would require elimination of high -functioning upland habitat), or opportunities on site or within the sub -drainage basin do not have a high likelihood of success based on a determination of the capacity of the site to compensate for the impacts. Considerations should Wetlands Guidance for CAO Updates Western Washington Version Page 41 Packet Pg. 64 6.A.a include: anticipated replacement ratios for wetland mitigation, buffer conditions and required widths, available water to maintain anticipated hydrogeomorphic classes of wetlands when restored, proposed flood storage capacity, and potential to mitigate riparian fish and wildlife impacts (such as connectivity); 2. On -site mitigation would require elimination of high -quality upland habitat. 3. Off -site mitigation has a greater likelihood of providing equal or improved wetland functions than the altered wetland. 4. Off -site locations shall be in the same sub -drainage basin unless: a. Established watershed goals for water quality, flood storage or conveyance, habitat, or other wetland functions have been established by the City and strongly justify location of mitigation at another site; or b. Credits from a state -certified wetland mitigation bank are used as compensation, and the use of credits is consistent with the terms of the certified bank instrument; c. Fees are paid to an approved in -lieu -fee program to compensate for the c impacts. G W 0 5. The design for the compensatory mitigation project needs to be T_ appropriate for its location (i.e., position in the landscape). Therefore, Z compensatory mitigation should not result in the creation, restoration, or c enhancement of an atypical wetland. G. Timing of Compensatory Mitigation. It is preferred that compensatory mitigation projects be completed prior to activities that will impact wetlands. At the least, compensatory mitigation shall be completed immediately following disturbance and prior to use or occupancy of the action or development. Construction of mitigation projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora. The Administrator may authorize a one-time temporary delay in completing construction or installation of the compensatory mitigation when the applicant provides a written explanation from a qualified wetland professional as to the rationale for the delay. An appropriate rationale would include identification of the environmental conditions that could produce a high probability of failure or significant construction difficulties (e.g., project delay lapses past a fisheries window, or installing plants should be delayed until the dormant season to ensure greater survival of installed materials). The delay shall not create or perpetuate hazardous conditions or environmental damage or degradation, and the Wetlands Guidance for CAO Updates Western Washington Version Page 42 Packet Pg. 65 6.A.a delay shall not be injurious to the health, safety, or general welfare of the public. The request for the temporary delay must include a written justification that documents the environmental constraints that preclude implementation of the compensatory mitigation plan. The justification must be verified and approved by the City. H. Wetland Mitigation Ratios 3: Category and Creation or Rehabilitation Enhancement Type of Wetland Re-establishment Category I: Not considered Bog, Natural possible Case by case Case by case Heritage site Category I: Mature 6:1 12:1 24:1 Forested Category I: Based on 4:1 8:1 16:1 functions Category II 3:1 6:1 12:1 Category III 2:1 4:1 8:1 Category IV 1.5:1 3:1 6:1 L Credit/Debit Method. To more fully protect functions and values, and as an alternative to the mitigation ratios found in the joint guidance Wetland Mitigation in Washington State Parts I and II (Ecology Publication #06-06-011 a-b, Olympia, WA, March 2006), the administrator may allow mitigation based on the "credit/debit" method developed by the Department of Ecology in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report, (Ecology Publication #10-06-011, Olympia, WA, March 2012, or as revised). 3 Ratios for rehabilitation and enhancement may be reduced when combined with 1:1 replacement through creation or re-establishment. See Table 1 a, Wetland Mitigation in Washington State — Part 1: Agency Policies and Guidance —Version 1, (Ecology Publication #06-06-011 a, Olympia, WA, March 2006 or as revised). See also Paragraph DA for more information on using preservation as compensation. Wetlands Guidance for CAO Updates Western Washington Version Page 43 Packet Pg. 66 6.A.a J. Compensatory Mitigation Plan. When a project involves wetland and/or buffer impacts, a compensatory mitigation plan prepared by a qualified professional shall be required, meeting the following minimum standards: Wetland Critical Area Report. A critical area report for wetlands must accompany or be included in the compensatory mitigation plan and include the minimum parameters described in Minimum Standards for Wetland Reports (Section XX.060.13) of this Chapter. 2. Compensatory Mitigation Report. The report must include a written report and plan sheets that contain, at a minimum, the following elements. Full guidance can be found in Wetland Mitigation in Washington State— Part 2: Developing Mitigation Plans (Version 1) (Ecology Publication #06-06- 01 lb, Olympia, WA, March 2006 or as revised). a. The written report must contain, at a minimum: i. The name and contact information of the applicant; the name, qualifications, and contact information for the primary author(s) of the compensatory mitigation report; a description of the = proposal; a summary of the impacts and proposed compensation .2 concept; identification of all the local, state, and/or federal a wetland -related permit(s) required for the project; and a vicinity map for the project. g W ii. Description of how the project design has been modified to 9 avoid, minimize, or reduce adverse impacts to wetlands. iii. Description of the existing wetland and buffer areas proposed to be altered. Include acreage (or square footage), water regime, vegetation, soils, landscape position, surrounding land uses, and functions. Also describe impacts in terms of acreage by Cowardin classification, hydrogeomorphic classification, and wetland rating, based on Wetland Ratings (Section XX.XX) of this Chapter. iv. Description of the compensatory mitigation site, including location and rationale for selection. Include an assessment of existing conditions: acreage (or square footage) of wetlands and uplands, water regime, sources of water, vegetation, soils, landscape position, surrounding land uses, and functions. Estimate future conditions in this location if the compensation actions are NOT undertaken (i.e., how would this site progress through natural succession?). V. Surface and subsurface hydrologic conditions, including an analysis of existing and proposed hydrologic regimes for enhanced, created, or restored compensatory mitigation areas. Wetlands Guidance for CAO Updates Western Washington Version Page 44 Packet Pg. 67 6.A.a Include illustrations of how data for existing hydrologic conditions were used to determine the estimates of future hydrologic conditions vi. A description of the proposed actions for compensation of wetland and upland areas affected by the project. Include overall goals of the proposed mitigation, including a description of the targeted functions, hydrogeomorphic classification, and categories of wetlands. vii. A description of the proposed mitigation construction activities 'a and timing of activities. o Cn viii. Performance standards (measurable standards for vears host - installation) for upland and wetland communities, a monitoring 70 schedule, and a maintenance schedule and actions proposed by L year. v c 0 ix. A discussion of ongoing management practices that will protect wetlands after the development project has been implemented, including proposed monitoring and maintenance programs (for = remaining wetlands and compensatory mitigation wetlands). 2 X. A bond estimate for the entire compensatory mitigation project, a' including the following elements: site preparation, plant 0 materials, construction materials, installation oversight, q maintenance twice per year for up to five (5) years, annual c monitoring field work and reporting, and contingency actions for T_ a maximum of the total required number of years for monitoring. Z c xi. Proof of establishment of Notice on Title for the wetlands and ° buffers on the project site, including the compensatory mitigation 0 areas. -2 b. The scaled plan sheets for the compensatory mitigation must contain, at a minimum: i. Surveyed edges of the existing wetland and buffers, proposed areas of wetland and/or buffer impacts, location of proposed wetland and/or buffer compensation actions. ii. Existing topography, ground -proofed, at two -foot contour intervals in the zone of the proposed compensation actions if any grading activity is proposed in the compensation area(s). Also include existing cross -sections (estimated one -foot intervals) of wetland areas on the development site that are proposed to be altered and for the proposed areas of wetland or buffer compensation. Wetlands Guidance for CAO Updates Western Washington Version Page 45 Packet Pg. 68 6.A.a iii. Conditions expected from the proposed actions on site, including future hydrogeomorphic types, vegetation community types by dominant species (wetland and upland), and future water regimes. iv. Required wetland buffers for existing wetlands and proposed compensation areas. Also identify any zones where buffers are proposed to be reduced or enlarged outside of the standards identified in this Chapter. V. A planting plan for the compensation area, including all species by proposed community type and water regime, size and type of plant material to be installed, spacing of plants, typical clustering patterns, total number of each species by community type, and timing of installation. K. Buffer Mitigation Ratios. Impacts to buffers shall be mitigated at a minimum 1:1 ratio. Compensatory buffer mitigation shall replace those buffer functions lost from development. L. Protection of the Mitigation Site. The mitigation area and any associated buffer shall be located in a critical area tract or a conservation easement consistent with Chapter XX.XX. M. Monitoring. Mitigation monitoring shall be required for a period necessary to c establish that performance standards have been met, but not for a period less than five o years. If a scrub -shrub or forested vegetation community is proposed, monitoring may be 9 required for ten years or more. The project mitigation plan shall include monitoring elements that ensure certainty of success for the project's natural resource values and Z functions. If the mitigation goals are not obtained within the initial five-year period, the c applicant remains responsible for restoration of the natural resource values and functions until the mitigation goals agreed to in the mitigation plan are achieved. `_' N. Advance Mitigation. Mitigation for projects with pre -identified impacts to wetlands may be constructed in advance of the impacts if the mitigation is implemented according to federal rules, state policy on advance mitigation, and state water quality regulations consistent with Interagency Regulatory Guide: Advance Permittee- Responsible Mitigation (Ecology Publication #12-06-015, Olympia, WA, December 2012). O. Alternative Mitigation Plans. The Administrator may approve alternative wetland mitigation plans that are based on best available science, such as priority restoration plans that achieve restoration goals identified in the SMP. Alternative mitigation proposals must provide an equivalent or better level of protection of wetland functions and values than would be provided by the strict application of this chapter. The Administrator shall consider the following for approval of an alternative mitigation proposal: Wetlands Guidance for CAO Updates Western Washington Version Page 46 Packet Pg. 69 6.A.a 1. The proposal uses a watershed approach consistent with Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington) (Ecology Publication #09-06-32, Olympia, WA, December 2009). 2. Creation or enhancement of a larger system of natural areas and open space is preferable to the preservation of many individual habitat areas. 3. Mitigation according to Section E is not feasible due to site constraints such as parcel size, stream type, wetland category, or geologic hazards. 4. There is clear potential for success of the proposed mitigation at the proposed mitigation site. 5. The plan shall contain clear and measurable standards for achieving compliance with the specific provisions of the plan. A monitoring plan shall, at a minimum, meet the provisions in Section J. 6. The plan shall be reviewed and approved as part of overall approval of the proposed use. 7. A wetland of a different type may be justified based on regional needs or a' functions and values; the replacement ratios may not be reduced or eliminated unless the reduction results in a preferred environmental o alternative. c to 8. Mitigation guarantees shall meet the minimum requirements as outlined in z6 Section J.2.a.viii. 9. Qualified professionals in each of the critical areas addressed shall prepare the plan. 10. The City may consult with agencies with expertise and jurisdiction over the critical areas during the review to assist with analysis and identification of appropriate performance measures that adequately safeguard critical areas. XX.080 Unauthorized Alterations and Enforcement A. When a wetland or its buffer has been altered in violation of this Chapter, all ongoing development work shall stop, and the critical area shall be restored. The City shall have the authority to issue a "stop -work" order to cease all ongoing development work and order restoration, rehabilitation, or replacement measures at the owner's or other responsible party's expense to compensate for violation of provisions of this Chapter. Wetlands Guidance for CAO Updates Western Washington Version Page 47 Packet Pg. 70 6.A.a B. Requirement for Restoration Plan. All development work shall remain stopped until a restoration plan is prepared and approved by the City. Such a plan shall be prepared by a qualified professional using the currently accepted scientific principles and shall describe how the actions proposed meet the minimum requirements described in Subsection C below. The Administrator shall, at the applicant or other responsible party's expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or other responsible party for revision and re - submittal. C. Minimum Performance Standards for Restoration. The following minimum performance standards shall be met for the restoration of a wetland, provided that if the applicant or other responsible party can demonstrate that greater functions and habitat values can be obtained, these standards may be modified: 1. The historic structure, functions, and values of the affected wetland shall be restored, including water quality and habitat functions. 2. The historic soil types and configuration shall be restored to the extent practicable. 3. The wetland and buffers shall be replanted with native vegetation that ; replicates the vegetation historically found on the site in species types, Z sizes, and densities. The historic functions and values should be replicated P- at the location of the alteration. c 0 W 4. Information demonstrating compliance with other applicable provisions of c to this Chapter shall be submitted to the Administrator. D. Site Investigations. The Administrator is authorized to make site inspections and take such actions as are necessary to enforce this Chapter. The Administrator shall present proper credentials and make a reasonable effort to contact any property owner before entering onto private property. E. Penalties. Any person, party, firm, corporation, or other legal entity convicted of violating any of the provisions of this Chapter shall be guilty of a misdemeanor. Each day or portion of a day during which a violation of this Chapter is committed or continued shall constitute a separate offense. Any development carried out contrary to the provisions of this Chapter shall constitute a public nuisance and may be enjoined as provided by the statutes of the state of Washington. The City may levy civil penalties against any person, party, firm, corporation, or other legal entity for violation of any of the provisions of this Chapter. The civil penalty shall be assessed at a maximum rate of $XX dollars per day per violation. 2. If the wetland affected cannot be restored, monies collected as penalties shall be deposited in a dedicated account for the preservation or Wetlands Guidance for CAO Updates Western Washington Version Page 48 Packet Pg. 71 6.A.a restoration of landscape processes and functions in the watershed in which the affected wetland is located. The City may coordinate its preservation or restoration activities with other cities in the watershed to optimize the effectiveness of the restoration action. Wetlands Guidance for CAO Updates Western Washington Version Page 49 0 0 W 0 to Packet Pg. 72 6.A.a This page is purposely left blank Wetlands Guidance for CAO Updates Western Washington Version Page 50 0 0 w 0 to Packet Pg. 73 6.A.a Appendix B - Wetland Definitions (Western Washington) Wetlands Guidance for CAO Updates Western Washington Version Page 51 Packet Pg. 74 6.A.a This page is purposely left blank Wetlands Guidance for CAO Updates Western Washington Version Page 52 0 0 w 0 to r Packet Pg. 75 6.A.a Appendix B — Wetland Definitions Agricultural Activities, Existing and Ongoing — Those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and livestock, including but not limited to operation, maintenance and conservation measures of farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural activities, and normal operation, maintenance or repair of existing serviceable structures, facilities or improved areas. Activities which bring an area into agricultural use are not part of an ongoing activity. An operation ceases to be ongoing when the area in which it was conducted is proposed for conversion to a nonagricultural use or has lain idle for a period of longer than five years, unless the idle land is registered in a federal or state soils conversation program. Alteration — Any human -induced change in an existing condition of a critical area or its buffer. Alterations include, but are not limited to, grading, filling, channelizing, dredging, clearing of vegetation, construction, compaction, excavation, or any other activity that changes the character of the critical area. Best Available Science — Current scientific information used in the process to designate, protect, or restore critical areas; that is, derived from a valid scientific process as defined by WAC 365-195-900 through 925. Best Management Practices (BMPs) — Conservation practices or systems of practices c and management measures that: q W 0 (a) Control soil loss and reduce water quality degradation caused by high T_ concentrations of nutrients, animal waste, toxics, or sediment; (b) Minimize adverse impacts to surface water and ground water flow and circulation patterns and to the chemical, physical, and biological characteristics of wetlands; (c) Protect trees, vegetation, and soils designated to be retained during and following site construction and use native plant species appropriate to the site for re -vegetation of disturbed areas; and (d) Provide standards for proper use of chemical herbicides within critical areas. Bog — A low -nutrient, acidic wetland with organic soils and characteristic bog plants, as described in Washington State Wetland Rating System for Western Washington: 2014 Update (Washington State Department of Ecology Publication #14-06-29, Olympia, WA, October 2014). Buffer or Buffer Zone — The area contiguous with a critical area that maintains the functions and/or structural stability of the critical area. Wetlands Guidance for CAO Updates Western Washington Version Page 53 Packet Pg. 76 6.A.a Coastal Lagoon — A shallow body of water partly or completely separated from the sea by a barrier beach that receives periodic influxes of salt water, as described in Washington State Wetland Rating System for Western Washington: 2014 Update (Washington State Department of Ecology Publication #14-06-29, Olympia, WA, October 2014). Critical Areas — Critical areas include any of the following areas or ecosystems: critical aquifer recharge areas, fish and wildlife habitat conservation areas, geologically hazardous areas, frequently flooded areas, and wetlands, as defined in RCW 36.70A and this Chapter. Creation — The manipulation of the physical, chemical, or biological characteristics to develop a wetland on an upland or deepwater site where a wetland did not previously exist. Creation results in a gain in wetland acreage and function. A typical action is the excavation of upland soils to elevations that will produce a wetland hydroperiod and hydric soils, and support the growth of hydrophytic plant species. Cumulative Impacts or Effects — The combined, incremental effects of human activity on ecological or critical area functions and values. Cumulative impacts result when the effects of an action are added to or interact with the effects of other actions in a particular = place and within a particular time. It is the combination of these effects, and any .2 resulting environmental degradation, that should be the focus of cumulative impact a analysis and changes to policies and permitting decisions. 0 0 Development — A land use consisting of the construction or exterior alteration of o structures; grading, dredging, drilling, or dumping; filling; removal of sand, gravel, or co minerals; bulk heading; driving of pilings; or any project of a temporary or permanent 6 nature which modifies structures, land, wetlands, or shorelines and which does not fall Z c within the allowable exemptions contained in the City Code. 2 Enhancement — The manipulation of the physical, chemical, or biological characteristics of a wetland to heighten, intensify, or improve specific function(s) or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention, or wildlife habitat. Enhancement results in a change in wetland function(s) and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. Examples are planting vegetation, controlling non-native or invasive species, and modifying site elevations to alter hydroperiods. Estuarine Wetland — A vegetated wetland with a water regime that is predominately tidal, as described in Washington State Wetland Rating System for Western Washington: 2014 Update (Washington State Department of Ecology Publication #14- 06-29, Olympia, WA, October 2014). Functions and Values — The services provided by critical areas to society, including, but not limited to, improving and maintaining water quality, providing fish and wildlife habitat, supporting terrestrial and aquatic food chains, reducing flooding and erosive Wetlands Guidance for CAO Updates Western Washington Version Page 54 Packet Pg. 77 6.A.a flows, wave attenuation, historical or archaeological importance, educational opportunities, and recreation. Growth Management Act — RCW 36.70A and 36.70B, as amended. Hazardous Substances — Any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or 173-303- 100. Impervious Surface — A surface area which either prevents or retards the entry of water o into the soil mantle as under natural conditions prior to development. A non -vegetated surface area which causes water to run off the surface in greater quantities or at an a increased rate of flow from the flow present under pre -development or pre -developed conditions. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, v gravel roads, packed earthen materials, and oiled, macadam or other surfaces which c similarly impede the natural infiltration of stormwater. L In -Kind Compensation — To replace critical areas with substitute areas whose characteristics and functions closely approximate those destroyed or degraded by a 2 regulated activity. 3 a In -Lieu -Fee Program — An agreement between a regulatory agency (state, federal, or c local) and a single sponsor, generally a public natural resource agency or non-profit o organization. Under an in -lieu -fee agreement, the mitigation sponsor collects funds from 9 an individual or a number of individuals who are required to conduct compensatory mitigation required under a wetland regulatory program. The sponsor may use the funds Z pooled from multiple permittees to create one or a number of sites under the authority of c the agreement to satisfy the permittees' required mitigation. Infiltration — The downward entry of water into the immediate surface of soil. a as Interdunal Wetland — A wetland that forms in the deflation plains and swales that are geomorphic features in areas of coastal dunes, as described in Washington State Wetland Rating System for Western Washington: 2014 Update (Washington State Department of c� Ecology. Isolated Wetland — A wetland that is hydrologically isolated from other aquatic resources, as determined by the United States Army Corps of Engineers (USACE). Isolated wetlands may perform important functions and are protected by state law (RCW 90.48) whether or not they are protected by federal law. Mature and Old -Growth Forested Wetland — A wetland having at least 1 contiguous acre of either old -growth forest or mature forest, as described in Washington State Wetland Rating System for Western Washington: 2014 Update (Washington State Department of Ecology Publication # 14-06-29, Olympia, WA, October 2014). Wetlands Guidance for CAO Updates Western Washington Version Page SS Packet Pg. 78 6.A.a Mitigation — Avoiding, minimizing, or compensating for adverse critical areas impacts. Mitigation, in the following sequential order of preference, is: (a) Avoiding the impact altogether by not taking a certain action or parts of an action; (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; (c) Rectifying the impact to wetlands, critical aquifer recharge areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the conditions existing at the time of the initiation of the project; (d) Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action; (e) Compensating for the impact to wetlands, critical aquifer recharge areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and (f) Monitoring the hazard or other required mitigation and taking remedial action when necessary. Mitigation for individual actions may include a combination of the above measures. Monitoring — Evaluating the impacts of development proposals on the biological, hydrological, and geological elements of such systems, and assessing the performance of required mitigation measures through the collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features. Monitoring includes gathering baseline data. Native Vegetation — Plant species that occur naturally in a particular region or environment and were present before European colonization. Off -Site Compensation — To replace critical areas away from the site on which a critical area has been impacted. On -Site Compensation — To replace critical areas at or adjacent to the site on which a critical areas has been impacted. Ordinary High Water Mark — That mark which is found by examining the bed and banks of water bodies and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, that the soil has a character distinct from that of the abutting upland in respect to vegetation. Wetlands Guidance for CAO Updates Western Washington Version Page 56 Packet Pg. 79 6.A.a Preservation — The removal of a threat to, or preventing the decline of, wetland conditions by an action in or near a wetland. This term includes the purchase of land or conservation easements, repairing water control structures or fences, or structural protection. Preservation does not result in a gain of wetland acres but may result in a gain in functions over the long term. Project Area — All areas, including those within fifty (50) feet of the area, proposed to be disturbed, altered, or used by the proposed activity or the construction of any proposed structures. When the action binds the land, such as a subdivision, short subdivision, binding site plan, planned unit development, or rezone, the project area shall include the entire parcel, at a minimum. Prior Converted Croplands — Prior converted croplands (PCCs) are defined in federal law as wetlands that were drained, dredged, filled, leveled, or otherwise manipulated, including the removal of woody vegetation, before December 23, 1985, to enable production of an agricultural commodity, and that: 1) have had an agricultural commodity planted or produced at least once prior to December 23, 1985; 2) do not have standing water for more than 14 consecutive days during the growing season, and 3) have not since been abandoned. Qualified Professional — A qualified professional for wetlands must be a professional wetland scientist with at least two years of full-time work experience as a wetlands a' professional, including delineating wetlands using the federal manual and supplements, preparing wetlands reports, conducting function assessments, and developing and o implementing mitigation plans. c to Re-establishment — The manipulation of the physical, chemical, or biological c characteristics of a site with the goal of returning natural or historic functions to a former Z c wetland. Re-establishment results in rebuilding a former wetland and results in a gain in C wetland acres and functions. Activities could include removing fill, plugging ditches, or 0 breaking drain tiles. B Rehabilitation — The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions and processes of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities could involve breaching a dike to reconnect wetlands to a floodplain or returning tidal influence to a wetland. Repair or Maintenance — An activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter critical areas are not included in this definition. Restoration — Measures taken to restore an altered or damaged natural feature, including: Wetlands Guidance for CAO Updates Western Washington Version Page 57 Packet Pg. 80 6.A.a (a) Active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unauthorized alteration; and (b) Actions performed to re-establish structural and functional characteristics of a critical area that have been lost by alteration, past management activities, or catastrophic events. SEPA — Washington State Environmental Policy Act, 43.21C RCW. Service Area — The geographic area within which impacts can be mitigated at a specific mitigation bank or an in -lieu -fee program, as designated in its instrument. Soil Survey — The most recent soil survey for the local area or county by the National Resources Conservation Service, U.S. Department of Agriculture. Species — Any group of animals or plants classified as a species or subspecies as commonly accepted by the scientific community. Species of Local Importance — Those species of local concern designated by the City in Chapter XX.XX due to their population status or their sensitivity to habitat manipulation. Species, Listed -- Any species listed under the federal Endangered Species Act or state a endangered, threatened, and sensitive, or priority lists (see WAC 232-12-297 or page 6 of "Priority Habitat and Species List," Washington Department of Fish and Wildlife, 2008, o Olympia, Washington. 177 pp.) o to Stream — An area where open surface water produces a defined channel or bed, not z6 including irrigation ditches, canals, storm or surface water runoff devices, or other r_ entirely artificial watercourses, unless they are used by salmonids or are used to convey a watercourse naturally occurring prior to construction. A channel or bed need not contain 2 water year-round, provided there is evidence of at least intermittent flow during years of 3 normal rainfall. a Unavoidable Impacts — Adverse impacts that remain after all appropriate and practicable avoidance and minimization has been achieved. Washington Administration Code (WAC) — Administrative rules implementing state laws. Wetlands — Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non -wetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction Wetlands Guidance for CAO Updates Western Washington Version Page 58 Packet Pg. 81 6.A.a of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non -wetland areas to mitigate the conversion of wetlands. Wetland of High Conservation Value — A wetland that has been identified by scientists from the Washington Natural Heritage Program (WHNHP) as an important ecosystem for maintaining plant diversity in Washington State. See hgp://www.dnr.wa.gov/data- information-natural-heritage-features . Wetland Mitigation Bank — A site where wetlands are restored, created, enhanced, or in exceptional circumstances, preserved, expressly for the purpose of providing compensatory mitigation in advance of unavoidable impacts to wetlands or other aquatic resources that typically are unknown at the time of certification to compensate for future, permitted impacts to similar resources. Wetland Mosaic — An area with a concentration of multiple small wetlands, in which each patch of wetland is less than one acre; on average, patches are less than 100 feet from each other; and areas delineated as vegetated wetland are more than 50% of the total area of the entire mosaic, including uplands and open water. 0 0 W 0 to Wetlands Guidance for CAO Updates Western Washington Version Page 59 Packet Pg. 82 Edmonds Page 1/13 23.50.010 Designation, rating and mapping — Wetlands. A. Designating Wetlands. Wetlands are those areas, designated in accordance with the approved federal delineation manual and applicable regional supplements as set forth in WAC 173-22-035, that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. All areas within the city of Edmonds U meeting the wetland designation criteria, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this title. a M B. Wetland Ratings. Wetlands shall be rated according to the Washingtonpartment of Ecology wetland rating_ system, as set forth in the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication #14-06-029, or as revised and approved by Ecology), which contains the definitions and methods for -�0a determining whether the criteria below are met. Wetlands shall be Fa4e l aeeefdiag to the Washington Sta4eDepa-i4ment of Eeelagy wetland Fa4ing system fb�d in the 2014 Washington State Aletland Ra4ing System fef Westem Washington Eealegy Publiemian No. 14 06 029. Consistent with the wetland f:a4iag system efitefia and Q. d levels,pafametefs within this daeument, wetlands that afe fated fef: eealegieal Alffetions with highest P044 tetals (23 Pe =a "efeas wetlands that afe fated with lewest paiH4 tetals (15 pain4s of lawef) peffafffi eealegieal flanetieffs a4 lowest O levels. Wetlands that are rated with points between 16 and 22 points perform ecological fanetions at moderate to (n high levels. c° ., s. L a 1. Category I. Category I wetlands are: (1) relatively undisturbed estuarine wetlands larger than 1 acre; (2) a wetlands of high conservation value that are identified by scientists of the Washington Natural Heritage Proaam/DNR; (3) bogs; (4) mature and old -growth forested wetlands larger than 1 acre; (5) wetlands in coastal lagoons; (6) interdunal wetlands that score 8 or 9 habitat points and are larger than 1 acre; and (7) 0 wetlands that perform many functions well (scoring 23 points or more). These wetlands: (1Lpresent unique or rare wetland types; (2) are more sensitive to disturbance than most wetlands, (3) are relatively undisturbed and L contain ecological attributes that are impossible to replace within a human lifetime; or (4) provide a high level d of functions. _ 2 2. Category 11. Category II wetlands are: (1) estuarine wetlands smaller than 1 acre, or disturbed estuarine wetlands larger than 1 acre; (2) interdunal wetlands larger than 1 acre or those found in a mosaic of wetlands; a or (3) wetlands with a moderately high level of functions (scoring between 20 and 22 points). y c 3. Category III. Category III wetlands are: (1) wetlands with a moderate level of functions (scoring between 16 and 19 points); (2) can often be adequately replaced with a well -planned mitigation project; and (3) interdunal wetlands between 0.1 and 1 acre. Wetlands scoring between 16 and 19 points generally have been disturbed in 4) some ways and are often less diverse or more isolated from other natural resources in the landscape than Q Category II wetlands. m 0 4. Category IV. Category IV wetlands have the lowest levels of functions (scoring fewer than 16 points) and V are often heavily disturbed. These are wetlands that we should be able to replace, or in some cases to improve. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands r may provide some important functions, and should be protected to some degree. r 5. Illegal modifications. Wetland rating categories shall not change due to illegal modifications made by the a applicant or with the applicant's knowledge. N r C d E .... .�,......b.,.� � ..............�. .........b.,.) .. .............� ..........., �........... ...t,...�....., .........,....J ,.......J ................fit..., ..... � re sensitive te distffbanee than most afe C1 ,r-elmively undistufbed and eefftaia eeelegiealattribu�es thm are impossible to Feplaee within a human lifetime; or- pfevide a high level of flanetion. The - f0 ++ i. Relatively undisturbed estuarine wetlands larger- than one acre; E a C t V 2 r r Q The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Packet Pg. 83 Edmonds Page 2/13 C. Date of Wetland Rating. Wetland rating categories shall be applied as the wetland exists on the date of adoption of the rating system by the local government, as the wetland naturally changes thereafter, or as the wetland changes in accordance with permitted activities. Wetland rating categories shall not change due to illegal modifications. D. Mapping. The approximate location and extent of wetlands are shown on the city of Edmonds critical areas inventory. In addition, the National Wetlands Inventory and Soil Maps produced by the U.S. Department of Agriculture, National Resources Conservation Service may be useful in helping to identify potential wetland areas. The inventory and cited resources are to be used as a guide for the city of Edmonds, project applicants, and/or property owners, and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation. E. Delineation. The exact location of a wetland's boundary shall be determined through the performance of a field investigation by a qualified professional wetland scientist applying the approved federal wetland delineation manual and applicable regional supplements. Wetland delineations are valid for five years; after such date the city shall determine whether a revision or additional assessment is necessary. F. Lake Ballinger. Lake Ballinger is designated on the U.S. National Wetlands Inventory as a lacustrine (lake) environment and should not be delineated as a wetland in its entirety. Lake fringe wetlands existing along the periphery of Lake Ballinger shall be identified according to specific criteria provided in this section. Consistent with guidance for delineating lake fringe wetlands provided in these resources, the existence of jurisdictional wetlands along Lake Ballinger shorelines shall be largely based upon the presence of persistent emergent vegetation in shoreline areas less than 6.6 feet in depth. Provisions for protection of Lake Ballinger shorelines not meeting criteria for jurisdictional wetlands are provided in the city of Edmonds shoreline master program. G. Edmonds Marsh. The city has a 23-acre Edmonds marsh wetland which in addition to a wildlife habitat and natural resource sanctuary is also classified by the state as a priority habitat. H. Other Significant Wetland. The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Packet Pg. 84 Edmonds Page 3/13 1. Good Hope Pond. 2. Mouth of Shell Creek. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Part II. Allowed Activities — Wetlands 23.50.020 Allowed activities — Wetlands. The activities listed below are allowed in wetlands in addition to those activities listed in, and consistent with, the provisions established in ECDC 23.40.220, and do not require submission of a critical areas report, except where such activities result in a loss to the functions and values of a wetland or wetland buffer. These activities include: A. Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife that does not entail changing the structure or functions of the existing wetland. B. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, chemical applications, or alteration of the wetland by changing existing topography, water conditions, or water sources. C. Drilling for utilities under a wetland; provided, that the drilling does not interrupt the ground water connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the ground water connection to the wetland or percolation of surface water down through the soil column could be disturbed. D. Enhancement of a wetland through the removal of nonnative invasive species. Weeding shall be restricted to hand removal and weed material shall be removed from the site. Bare areas that remain after weed removal shall be revegetated with native shrubs and trees at natural densities. Some hand seeding may also be done over the bare areas with native herbs. Noxious weeds listed on the Washington State Noxious Weed Control Board list must be handled and disposed of according to a noxious weed control plan appropriate to that species. E. Permitted alteration to a legally construeted stnaeture eXisting witliifi awetland arwetland buffer thM does fiat increase the footprint of development or iwiper-vieus surfacing or increase the impaet to awetland or- wetland buffef. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Part III. Additional Report Requirements — Wetlands 23.50.040 Development standards — Wetlands. A. Activities may only be permitted in a wetland buffer if the applicant can show that the proposed activity will not degrade the functions and functional performance of the wetland and other critical areas. B. Activities and uses shall be prohibited in wetlands and wetland buffers, except as provided for in this title. C. Category I Wetlands. Activities and uses shall be prohibited from Category I wetlands, except as provided for in the public agency and utility exception, reasonable use exception, and variance sections of this title. D. Category II Wetlands. With respect to activities proposed in Category II wetlands, the following standards shall apply: 1. Water -dependent activities may be allowed where there are no practicable alternatives that would have a less adverse impact on the wetland, its buffers and other critical areas. 2. Where non -water -dependent activities are proposed, it shall be presumed that alternative locations are available, and activities and uses shall be prohibited, unless the applicant demonstrates that: a. The basic project purpose cannot be accomplished as proposed and successfully avoid, or result in less adverse impact on, a wetland on another site or sites in the general region; and b. All alternative designs of the project as proposed, such as a reduction in the size, scope, configuration, or density of the project, would not avoid or result in less of an adverse impact on a wetland or its buffer. The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Packet Pg. 85 Edmonds Page 4/13 E. Category III and IV Wetlands. Activities and uses that result in unavoidable and necessary impacts may be permitted in Category III and IV wetlands and associated buffers in accordance with an approved critical areas report and mitigation plan. F. Wetland Buffers. 1. Buffer Requirements. The following buffer widths have been established in accordance with the best available science. They are based on the category of wetland and the habitat score as determined by qualified wetland professional using the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication #14-06-029, or as revised and approved by).The adjacent land use intensity is assumed to be high_ a. For wetlands that score 5 points or more for habitat function, the buffers in subsection F.l.e can be used if both of the following criteria are met: i. A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland and any other Priority Habitats as defined by the Washington State Department of Fish and Wildlife. The corridor must be protected for the entire distance between the wetland and the Priority Habitat by some type of legal protection such as a conservation easement. Presence or absence of a nearby habitat must be confirmed by a qualified biologist. If no option for providing a corridor is available, subsection F. Le may be used with the required measures in subsection F.l.f alone. ii. The measures in subsection F. IS are implemented, where applicable, to minimize the impacts of the adjacent land uses. b. For wetlands that score 3-4 habitat points, only the measures in subsection F.l.f are required for the use of subsection F. Le c. If an applicant chooses not to apply the mitigation measures in subsection F.l.f, or is unable to provide a protected corridor where available, then subsection F.1.g must be used. d. The buffer widths in subsection F. Le and subsection F.l.fg assume that the buffer is vegetated with a native plant community ppropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should either be planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided. e. Wetland Buffer Requirements for Western Washington if subsection FIX is Implemented and Corridor Provided Buffer Width (in Feet) Based on Habitat Score We or 3-4 5 6-7 8-9 Category I: Based on total 75 105 165 225 score Category Bogs and wetlands 190 225 of high conservation value c m d a U 0 d M a d c 0 c O w M d Q M U V Q The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Packet Pg. 86 Edmonds Page 5/13 Category I: 150 165 225 Coastal lagoons Category I ]EEL 225 Interdunal Category 75 105 165 225 Forested Category I: 150 Estuarine (buffer width not based on habitat scores) Category II: 75 105 165 225 Based on score Category II: Interdunal 110 165 225 wetlands Category 110 II: Estuarine (buffer width not based on habitat scores) Category III (all) 60 105 165 225 Category IV (all) 40 f Required Measures to Minimize Impacts to Wetlands (Measures are required, if applicable to a specific proposal). Disturbance Required Measures to Minimize Impact • Direct lights away from wetland Lights Noise • Locate activity that generates noise away from wetland • If warranted, enhance existing buffer with native vegetation planting adjacent to noise source • For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10-foot heavily vegetated buffer strip immediately adjacent to the out wetland buffer Toxic runoff • Route all new, untreated runoff away_ from wetland while ensuring wetland is not dewatered • Establish covenants limitinguse se of pesticides within 150 feet of wetland • Apply integrated pest management Stormwater runoff Retrofit stormwater detention and treatment for roads and existing adjacent development • Prevent channelized flow from lawns that directly enters the buffer • Use low intensity development techniques (for more information see stormwater ordinance and manual) The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Packet Pg. 87 Edmonds Page 6/13 Change in water regime • Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns Pets and human disturbance • Use privacy fencing OR plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for ecoregion • Place wetland and its buffer in a separate tract to protect with a conservation easement Dust • Use best mana eg ment practices g. Wetland Buffer Requirements for Western Washington if subsection F.l.f is NOT Implemented or Corridor NOT provided Buffer Width (in Feet) Based on Habitat Score Wetland Category 3-4 5 6-7 8-9 Category I: Based on total 100 140 220 300 score Category I: Bogs and wetlands 250 300 of high conservation value Category I: Coastal lagoons 200 220 300 CategoryI A300 Interdunal Category 100 140 220 300 Forested Category 200 Estuarine (buffer width not based on habitat scores) CategoryII: 100 140 220 300 Based on score Category II: Interdunal 150 220 300 wetlands Category 150 II: Estuarine (buffer width not based on habitat scores) Category III (ally 80 140 220 300 Category IV (all) 50 The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Packet Pg. 88 Edmonds Page 7/13 M..tland Categoryseores Minimum R-iMr-- 3 A habitat points) 8..4'4pr- MUM seores(Wetland points) R.. ii... 7V:.741. �T�QBiz � �'s)habitat il..{'{'... TI7:.741. (Wetland 9 �'TaZranal-SE�iTO� Ga4egefyT• R ase,.l .. t a I n e 7" Mn 165 poi -2-2t t Category 1: valueBegs and wetlands of high 1 (4) l OVA 1 (4) "1 Category 1: Forested 7-5-A Gat P 13e use 13e ci Based an seefe 7-5-pp Yl -n` Y65 Category M (a14) 60-A 193 165 163 t1 1H4 4" 4" 4-0-tt 49 c d v d 0. U 0 N d M sa. d v c c L O w M d L a �L U N r C d E t C,1 a E M a The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Packet Pg. 89 Edmonds Page 8/13 3. Increased Wetland Buffer Widths. The director shall require increased buffer widths in accordance with the recommendations of an experienced, qualified professional wetland scientist and the best available science on a case -by -case basis when a larger buffer is necessary to protect wetland functions and values based on site - specific characteristics. This determination shall be based on one or more of the following criteria: a. A larger buffer is needed to protect other critical areas; b. The buffer or adjacent uplands has a slope greater than 15 percent or is susceptible to erosion and standard erosion control measures will not prevent adverse impacts to the wetland; or c. The buffer area has minimal vegetative cover. In lieu of increasing the buffer width where existing buffer vegetation is inadequate to protect the wetland functions and values, development and implementation of a wetland buffer enhancement plan in accordance with this subsection (17)(3) may substitute. d. The wetland and/or buffer is occupied by a federally listed threatened or endangered species, a bald eagle nest, a great blue heron rookery, or a species of local importance; and it is determined by the director that an increased buffer width is necessary to protect the species. 4. Measurement of Wetland Buffers. All buffers shall be measured from the wetland boundary as surveyed in the field. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland. 5. Buffer Consistency. All mitigation sites shall have buffers consistent with the buffer requirements of this chapter. 6. Buffer Maintenance. Except as otherwise specified or allowed in accordance with this title, wetland buffers shall be retained in an undisturbed or enhanced condition. Removal of invasive nonnative weeds is required for the duration of the mitigation bond. G. Wetland Buffer Modifications and Uses. 1. Where wetland or buffer alterations are permitted by the city of Edmonds, the applicant shall mitigate impacts to achieve no net loss of wetland acreage and functions consistent with ECDC 23.50.050 and other applicable provisions of this title. 2. At the discretion of the director, standard wetland buffers may be averaged or reduced when consistent with all criteria in this subsection (G). Wetland buffer averaging with enhancement shall be preferred over wetland buffer reduction with enhancement. Wetland buffer reduction shall only be approved by the director when buffer averaging cannot be accomplished on site. 3. Wetland Buffer Width Averaging with Buffer Enhancement. The director may allow modification of a standard wetland buffer width in accordance with an approved critical areas report and the best available The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Packet Pg. 90 Edmonds Page 9/13 science on a case -by -case basis by averaging buffer widths. Any allowance for averaging buffer widths shall only be granted concomitant to the development and implementation of a wetland buffer enhancement plan for areas of buffer degradation. Only those portions of a wetland buffer existing within the project area or subject parcel shall be considered the total standard buffer for buffer averaging. Averaging of buffer widths may only be allowed where a qualified professional wetland scientist demonstrates that: a. The buffer averaging and enhancement plan provides evidence that wetland functions and values will be: i. Increased or retained through plan implementation for those wetlands where existing buffer vegetation is generally intact; or ii. Increased through plan implementation for those wetlands where existing buffer vegetation is inadequate to protect the functions and values of the wetland; b. The wetland contains variations in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in places and would not be adversely impacted by a narrower buffer in other places; c. The total area contained in the buffer area, or the total buffer area existing on a subject parcel for wetlands extending off site, after averaging is no less than that which would be contained within a standard buffer; and d. The buffer width at any single location is not reduced by more than 25 percent to less than 50 per-eef' of the standard buffer width. 4. Buffer Width Reductions through Buffer Enhancement. At the discretion of the director, and only when buffer averaging cannot be accomplished on site, wetland buffer width reductions (or approval of standard buffer widths for wetlands where existing buffer conditions require increased buffer widths) may be granted concomitant to the development and implementation of a wetland buffer enhancement plan for Category III and IV wetlands only. Approval of a wetland buffer enhancement plan shall, at the discretion of the director, allow for wetland buffer width reductions by no more than 25 percent of the standard width; provided, that: a. The plan provides evidence that wetland functions and values will be: i. Increased or retained through plan implementation for those wetlands where existing buffer vegetation is generally intact; or ii. Increased through plan implementation for those wetlands where existing buffer vegetation is inadequate to protect the functions and values of the wetland; b. The plan documents existing native plant densities and provides for increases in buffer native plant densities to no less than three feet on center for shrubs and eight feet on center for trees; c. The plan requires monitoring and maintenance to ensure success in accordance with ECDC 23.40.130(D); and d. The plan specifically documents methodology and provides performance standards including but not limited to: i. Percent vegetative cover; ii. Percent invasive species cover; iii. Species richness; and iv. Amount of large woody debris. The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Packet Pg. 91 Edmonds Page 10/13 5. Buffer Uses. The following uses may be permitted within a wetland buffer in accordance with the review procedures of this title; provided, they are not prohibited by any other applicable law and they are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland: a. All activities allowed by ECDC 23.50.020, Allowed activities — Wetlands. b. Conservation and Restoration Activities. Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife. c. Passive Recreation. Passive recreation facilities designed and in accordance with an approved critical area report, including: i. Walkways and trails; provided, that those pathways are generally constructed with a surface that does not interfere with substrate permeability, are generally located only in the outer 25 percent of wetland buffers, and are located to avoid removal of significant trees. Where existing legally established development has reduced the width of the wetland buffer, trails may be placed in the outer 25 percent of the remaining wetland buffer. The trail shall be no more than five feet in width and for pedestrian use only. Raised boardwalks utilizing nontreated pilings may be acceptable. The director may allow trails within the inner 25 percent of wetland buffers when required to provide access to wildlife viewing structures, fishing access areas, or connections to other trail facilities; ii. Wildlife viewing structures; and iii. Fishing access areas down to the water's edge that shall be no larger than six feet. d. Storm Water Management Facilities. Storm water management facilities, limited to outfalls, pipes and conveyance systems, storm water dispersion outfalls and bioswales, may be allowed within the outer 25 percent of a standard or modified buffer for Category III or IV wetlands only; provided, that: i. No other location is feasible; and ii. The location and function of such facilities will not degrade the functions or values of the wetland. iii. Storm water management facilities are not allowed in buffers of Category I or 11 wetlands. iv. Projects shall also comply with all applicable requirements in Chapter 18.30 ECDC, Storm Water Management, including Minimum Requirement No. 8, Wetland Protection. H. Signs and Fencing of Wetlands. 1. Temporary Markers. The outer perimeter of the wetland or buffer and the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be marked in the field in such a way as to ensure that no unauthorized intrusion will occur and is subject to inspection by the director prior to the commencement of permitted activities. The director may require the use of fencing to protect wetlands from disturbance and intrusion. Temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place. 2. Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the director may require the applicant to install permanent signs along the boundary of a wetland or buffer. a. Permanent signs shall be made of an enamel -coated metal face and attached to a metal post or another nontreated material of equal durability. Signs must be posted at an interval of one per lot or every 50 feet, whichever is less, and must be maintained by the property owner in perpetuity. The sign shall be worded as follows or with alternative language approved by the director: Protected Wetland Area Do Not Disturb The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Packet Pg. 92 6.A.b Edmonds Page 11/13 Contact the City of Edmonds Regarding Uses and Restrictions b. The provisions of subsection (H)(2)(a) of this section may be modified as necessary to assure protection of sensitive features or wildlife. 3. Permanent Fencing. Permanent fencing shall be required at the outer edge of the critical area buffer under the following circumstances; provided, that the director may waive this requirement: a. As part of any development proposal for single-family plats, single-family short plats, multifamily, mixed use, and commercial development where the director determines that such fencing is necessary to protect the functions of the critical area; provided, that breaks in permanent fencing may be allowed for access to permitted buffer uses (subsection (G)(5) of this section); b. As part of development proposals for parks where the adjacent proposed use is active recreation and the director determines that such fencing is necessary to protect the functions of the critical area; c. When buffer averaging is employed as part of a development proposal; d. When buffer reductions are employed as part of a development proposal; or e. At the director's discretion to protect the values and functions of a critical area. I. Additions to Structures Existing within Wetlands and/or Wetland Buffers. 1. Additions to legally constructed structures existing within wetlands or wetland buffers that increase the footprint of development or impervious surfacing shall be permitted consistent with the development standards of this section; provided, that a wetland and/or buffer enhancement plan is provided to mitigate for impacts consistent with this title; and provided, that all impacts from temporary disturbances within the critical area buffer shall be addressed through use of best management plans and buffer enhancement plantings during and following construction of the allowed alteration. Provisions for standard wetland buffers, wetland buffer averaging with enhancement, and buffer reductions with enhancement require applicants to locate such additions in accordance with the following sequencing: a. Outside of the standard wetland buffer; b. Outside of a wetland buffer averaged (with enhancement) per subsection (G)(3) of this section; c. Outside of a wetland buffer reduced (with enhancement) per subsection (G)(4) of this section; d. Outside of the inner 25 percent of the standard wetland buffer width with no more than 300 square feet of structure addition footprint within the inner 50 percent of the standard wetland buffer width; provided, that enhancement is provided at a minimum three -to -one (3:1) ratio (enhancement -to -impact); e. Outside of the inner 25 percent of the standard wetland buffer width with no more than 500 square feet of new footprint within the inner 50 percent of the standard wetland buffer width; provided, that enhancement is provided at a minimum five -to -one (5:1) ratio (enhancement -to -impact), and that storm water low impact development (LID) techniques and other measures are included as part of the wetland/buffer enhancement plan. 2. Where meeting wetland buffer enhancement requirements required by subsection (I)(1) of this section would result in enhancement that is separated from the critical area due to uncommon property ownership, alternative enhancement approaches may be approved by the director. Alternative approaches could include a vegetated rain garden that receives storm runoff, replacement of existing impervious surfaces with pervious materials, or other approaches that provide ecological benefits to the adjacent critical area. The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Packet Pg. 93 Edmonds Page 12/13 3. Additions to legally constructed structures existing within wetlands or wetland buffers that cannot be accommodated in accordance with the sequencing in subsection (I)(1) of this section (i.e., additions proposed within a wetland or the inner 25 percent of a standard buffer width) may be permitted at the director's discretion as a variance subject to review by the city hearing examiner and the provisions of ECDC 23.40.210. J. Development Proposals within the Footprint of Existing Development. New development shall be allowed within the footprint of existing development occurring within a wetland buffer; provided, that the following conditions are met: 1. The footprint of existing development was legally established, and is consistent with the definition provided in ECDC 23.40.005; 2. The proposed development within the footprint of existing development is sited as far away from the wetland edge as is feasible; 3. As part of the development proposal, opportunities to reduce the footprint of existing development are implemented where such reduction would increase the buffer width adjacent to the wetland and not represent an undue burden given the scale of the proposed development; 4. The proposed development includes enhancement to the adjacent wetland and associated buffer in order to improve functions degraded by previous development; 5. Enhancement is provided as wetland or buffer enhancement for an equivalent area of the footprint of the newly proposed development within the footprint of existing development occurring in a wetland buffer, or through an alternative approach approved by the director that restores degraded functions of the wetland and remaining buffer; and 6. Impacts from temporary disturbances within the wetland buffer shall be addressed through use of best management plans and buffer enhancement plantings during and following construction of the allowed alteration. K. Exemptions and Allowed Uses in Wetlands. The following wetlands may be exempt from the reauirement to avoid impacts (ECDC 23.40.120.B.1), and they may be filled if the impacts are fully mitigated based on the remaining actions in ECDC 23.40.120.B.2 through 6. If available, impacts should be mitigated through the purchase of credits from an in -lieu fee program or mitigation bank, consistent with the terms and conditions of the Droaram or bank. In order to verifv the followine conditions, a critical area report for wetlands meeting the reauirements in ECDC 23.50.030 must be submitted. 1. All isolated Category IV wetlands less than 4,000 square feet that: a. Are not associated with riparian areas or their buffers b. Are not associated with shorelines of the state or their associated buffers c. Are not part of a wetland mosaic d. Do not score 5 or more points for habitat function based on the 2014 update to the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication #14-06-029, or as revised and approved by Ecology) e. Do not contain a Priority Habitat or a Priority Areal for a Priority Species identified by the Washington Department of Fish and Wildlife, do not contain federally listed species or their critical habitat, or species of local importance identified in Chapter 23.90 ECDC. 2. Wetlands less than 1,000 square feet that meet the above criteria and do not contain federally listed species or their critical habitat are exempt from the buffer provisions contained in this Chapter. The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Packet Pg. 94 6.A.b Edmonds Page13/13 1 The wetland is loss than 1,000 square feet in area; 2. The wetland does not provide signifieant habitat value for wildlife; 4. The wetland has a soore of thfee to four points for habitn in the adopted Western Washington rating system; and 5. A m4iga4iafi plafi to replace lost wetland funetions and values is developed, approved and implement eensistent with ECDC 23.59.059. rnr,1 4026 § 1 (Att. n 2016; Qfd. 3527 > 2, 2004]. The Edmonds City Code and Community Development Code are current through Ordinance 4110, passed April 17, 2018. Packet Pg. 95 6.A.c ADUs can be a key strategy, and he is glad to see the concept reflected in the draft document. He emphasized that the Housing Strategy is the beginning of the conversation, and any kind of real structural change will have to go through another process, including an Environmental Impact Statement (EIS) process where issues such as infrastructure impacts will be discussed. Chair Monroe asked if the fire and police departments have been involved in the Housing Strategy process. Mr. Shipley said the draft document is intended to provide broad -level list of housing strategies. As the City begins to select strategies for implementation, the fire and police departments will be invited to engage in the discussions and share their thoughts on potential impacts. Mr. Lien announced that there is a link to the Housing Strategy website on the City's homepage, and the Housing Strategy website has a link for written comments. All written comments will be incorporated into the record. The Board took a short break at 9:07 p.m. The meeting reconvened at 9:13 p.m. INTRODUCTION OF CRITICAL AREAS ORDINANCE (CAO) UPDATE — WETLANDS Mr. Lien reviewed that the City completed a comprehensive review of its Critical Areas Ordinance (CAO) as required by the Growth Management Act (GMA) in May 2016, with adoption of Ordinance No. 4026. The wetland section (ECDC 23.50) of that document was based on the Department of Ecology's (DOE) "Wetlands and CAO Updates: Guidance for Small Cities. " However, in June of 2016, the DOE subsequently issued new guidance for wetlands in a publication titled, "Wetland Guidance for CAO Updates. " When the more recent guidance was published, the City was in the process of completing a comprehensive update of its Shoreline Master Program (SMP), and the City Council indicated a desire to incorporate the most current regulations within the SMP, which means that the regulations in the SMP are different than what's in the CAO. Mr. Lien explained that the Shoreline Management Act (SMA) and the Growth Management Act (GMA) conflict with each other. The SMA rules in shoreline jurisdictions within 200 feet of shorelines, and the GMA rules outside of the shoreline jurisdictions. The CAO implements the GMA and the SMP implements the SMA. Currently, the City has two versions of wetland regulations, one that applies within shoreline jurisdiction and another that applies outside of shoreline jurisdiction. The City is required to complete a periodic review of the SMP by June 2019, and the overall plan is to update the CAO before completing the periodic review of the SMP and then adopt the CAO again. Mr. Lien advised that the SMP adopted most of the CAO regulations, but there were some that were excepted out. In particular, the wetland ratings were excepted out because the new guidance came out after the CAD was adopted. The proposed amendments would update the CAO to be consistent with the most recent wetland guidance from the DOE. When the SMP is revised, the City will adopt the updated CAO and then one set of wetland regulations will apply to the entire City. Mr. Lien advised that two other minor revisions to the CAO are also being proposed. He reviewed that during the last CAO update, a new provision was added that dealt with adding or developing within the footprint of existing development that required some enhancement. A proposed amendment would delete the "allowed activity" section in ECDC 23.50.020.E, to be consistent with the updated regulations. Another amendment would correct a scrivener's error in the Wetland Buffer Averaging section. As part of the CAO update, the wetland buffer cannot be reduced by more than 25%, but language was inadvertently left in that said a buffer could be reduced by 50%. He summarized that the main intent of the amendments is to make sure that the wetland regulations, ratings, buffers and mitigation measures, as well as a section dealing with small wetlands, are updated consistent with the most recent wetland guidance. Board Member Rosen asked if the proposed amendments would maintain, strengthen or weaken the protection of wetlands. Mr. Lien answered that because the changes are based on the DOE's newest guidance document that is based on Best Available Science (BAS), the City's regulations would be strengthened to provide greater protection. The first change has to do with how wetlands are categorized, and the proposed amendment would simply add more description without significantly changing the protection. He explained how wetland determinations and categorizations are done using the Wetland Rating System for Western Washington and advised that the buffer requirements in the DOE's newest guidance document are similar to those in the current CAO. However, the newest guidance requires certain mitigation measures for each wetland classification. If the mitigation measures are not met, the buffers are enlarged. To make this clear, the update includes two buffer tables, one to identify the buffers that apply if you do the required mitigation measures and a second table with wider buffers that would Planning Board Minutes June 13, 2018 Page 12 Packet Pg. 96 6.A.c apply if you don't do the mitigation measures. He noted that most of the wetlands in Edmonds are Category III or IV, and the Edmonds Marsh is a Category II. The SMP update established a 125-foot setback around the Edmonds Marsh (110-foot buffer and a 15-foot building setback). Mr. Lien advised that a public hearing on the proposed amendments is scheduled for July 11tn Chair Monroe asked if there are any cons to the proposed amendments. Mr. Lien said he could not come up with any. The amendments will provide greater protection and are consistent with the latest guidance from the DOE. Chair Monroe asked if the proposed amendments would further limit a developer's ability to develop near a wetland. Mr. Lien answered, provided a developer does the mitigation measures, the buffer requirements would not change. He briefly reviewed the mitigation measures, noting that none of them are particularly onerous over what is currently required. There is also flexibility in the code via buffer averaging and buffer width reductions. In addition, development is allowed within the previously developed footprint with enhancement, and there is flexibility for some small additions within the buffers. He reminded the Board that much of Edmonds was developed before any environmental regulations, and a lot of the current development is within the buffer areas. Board Member Lovell asked if the City has a map that identifies the wetlands areas by category. Mr. Lien answered that this would be a very expensive proposition. However, the web map includes all of the critical area layers. It is a generalized map and not a regulatory map. The most prevalent critical areas in Edmonds are geologically hazardous areas. Anytime development is proposed within a critical area, the applicant is required to fill out a Critical Area Checklist and City staff does a quick map review and site visit. When an applicant applies for a Development Permit, staff takes a closer look at the critical area to determine whether or not a Critical Area Report will be required. REVIEW OF EXTENDED AGENDA Chair Monroe reviewed that the June 27" agenda will be a continued discussion and possible recommendation on the Housing Strategy and an introduction to the SMP periodic review. The July 1 lth agenda will be public hearings on the CAO update and code updates for permit decision making. PLANNING BOARD CHAIR COMMENTS Chair Monroe commented that the public hearing went well, and the comments were evenly split between pros and cons. He heard support for the ADU concept. However, the City needs to do a better job of educating the public on the housing issues. There seems to be a perception that homelessness equals crime and drugs, which is an unfair representation of that population. PLANNING BOARD MEMBER COMMENTS Board Member Lovell cautioned that the Board will face challenges when and if the Strategy is adopted by the City Council and it comes back to them to develop a specific implementation plan that includes regulation and zoning changes. These changes will require a lot of work by the Board. Board Member Crank recalled comments she made early in the Housing Strategy discussion about the importance of educating and communicating with the public. When people hear the term affordable housing, they tend to think crime -ridden projects. She challenged the Planning Board and the City Council to be very intentional with what this term means and not just leave it to interpretation. They have to do a better of job of conveying the intent to provide housing opportunities for people who already live in Edmonds. They are not trying to move people into Edmonds from other communities. The community she lived in in the Bay Area used in -lieu fees to purchase property when it became available to accommodate affordable housing complexes that were owned by the city. A process was established that the first people who could apply to live in the units were teachers, public safety workers, and certain long-term residents. These complexes are now full of people who already lived or worked in the City. She hopes the Board will use this example and keep in mind who they are trying to serve with the strategies. Board Member Rubenkonig said that during the break, numerous people commented on how much they appreciated how well the meeting was conducted and the information that was provided. Several specifically said that what they felt got the people most concerned was the graphic in the Housing Strategy of the tiny homes that are similar to those that have been used in Planning Board Minutes June 13, 2018 Page 13 Packet Pg. 97 7.A Planning Board Agenda Item Meeting Date: 07/11/2018 Recommendation for Draft Housing Strategy Staff Lead: Shane Hope Department: Planning Division Prepared By: Diane Cunningham Background/History Purpose of Housing StrategV Housing that is affordable or attainable for people is often a challenge, especially in these days of rising housing prices and growing Puget Sound population --regardless of whether someone is purchasing or renting. Also, how to meet diverse needs --including for seniors and people with different abilities, family sizes, and backgrounds --is an issue we face. The Comprehensive Plan calls for developing a housing strategy by 2019 to increase the supply of housing affordable for a range of incomes and to meet special housing needs. A draft strategy has been developed. A recommendation for it may be made at the Planning Board's July 11 meeting. The Housing Strategy provides guidance and direction on activities the City can engage in to improve housing opportunities. It does not automatically create changes to the status quo. For example, any actual code or budget changes related to this Strategy would be subject to having specific details proposed first and the full proposal considered under a separate public process. Citv Council Involvement The City Council adopted the citywide Comprehensive Plan to include the requirement for developing a housing strategy. The Council approved of Edmonds becoming a member of the Alliance for Housing Affordability, a countywide organization. It has had numerous briefings and discussions on housing and homelessness issues over the last three years and has taken action on some items. The Council will have more direct review and discussion of the proposed Housing Strategy later this summer. Planning Board Involvement The Planning Board has discussed housing issues and strategies many times. Between 2015 and early 2018, housing topics were on the Board's agenda 35 times. Planning Board input was built into the draft Housing Strategy. On May 23, the Planning Board reviewed and discussed an early draft of the Housing Strategy. On June 13, the Planning Board held a public hearing, which included numerous public comments; the Board also received written comments. On June 27, the Planning Board discussed the draft Strategy and provided input on revisions and next steps. Packet Pg. 98 7.A Task Force In the summer of 2017, Mayor Earling appointed the Housing Strategy Task Force to make recommendations for City actions that could be incorporated into a housing strategy that would increase the supply of affordable housing and meet diverse housing needs. The nine task force members are primarily housing experts. (See Attachment 1.) The Task Force met six times between September 2017 and May 2018 and made recommendations for the draft Housing Strategy. Public Outreach Public outreach about the development of a housing strategy included: Housing forum in the spring of 2017 (co -sponsored by the City) Four press releases News articles (in My Edmonds News, the Beacon, and City of Edmonds Newsletter) Website (see<https://www.edmondshousingstrategV.org/>) with information regularly updated about the task force, meetings, the draft strategy, and more Facebook posting Public open house on May 21, 2018 Planning Board public hearing on June 13, 2018 Planning Board public meeting on June 27, 2018 Staff Recommendation Staff recommends Option A below. But if the Planning Board wants a substantive change to the Strategy, it should try Option B. Option A (for recommending the current Draft Strategy basically as is): 1. Move that the Draft Housing Strategy, as presented, be forwarded to the City Council with a recommendation for adoption. Option B (for recommending the current Draft Strategy with specific changes): 1. Move to recommend the Draft Housing Strategy be changed by ; and 2. Move to forward the Draft Housing Strategy, with the Planning Board's recommended changes, to the City Council with a recommendation for adoption. NOTES: o Neither option above prevents any technical corrections from being made to the draft prior to City Council consideration. o Per Option B, any substantive changes to the current draft Strategy will depend on a vote by the Planning Board. Narrative The draft Housing Strategy has been slightly revised from the last version reviewed by the Planning Board on June 13 and June 27. The revisions reflect the Board's June 27 discussion. This new version (see Attachment 2) provides additional context and clarification to the Strategy without changing the substance of its goals and actions. Below, clarifications and notable changes are summarized. Clarifications (related to June 27 Planning Board discussion) The current draft Housing Strategy, with some minor clarifications, includes: d Edmonds as an inclusive community, not trying to exclude people of middle or less income levels (see current draft, pages 9, 17, etc.) d Opportunities to have housing for all household sizes -for example, one -person to large families, Packet Pg. 99 7.A as well as groups of people such as seniors in assisted living (see current draft, pages 9-17, etc.) 8 Relevance to people who already are part of the community (see current draft, esp. pages 11- 16) S Options for innovative tools, including finance tools using new technology (see current draft, page 25) S Inclusion of Police Department input, especially regarding homelessness (pages 29-30, 49-50, etc.) Notable changes (related to June 27 Planning Board discussion) Notable changes in the current draft Housing Strategy include: 6 Additional language about context of the Strategy-i.e., that the Strategy is a broad policy guide, with more specific actions, such as budget or code amendments to be considered later and subject to more public input (see page 10 of current draft) 6 New example of someone who could benefit from attainable housing options in Edmonds (see page 13, RH side, of current draft) 6 Additional language to explain certain wage data (see page 13 of current draft, new Footnote 6, and also new glossary item for household income) 6 Elimination of a "tiny homes" image from cover page (see cover page of current draft) Next Steps July 11 Meeting At the July 11 Planning Board meeting, city staff and the consultant will summarize current changes/clarifications to the draft Strategy. A reminder will be made that the expected outcome of the Board's discussion is a recommendation to the City Council. The Planning Board may ask questions or discuss items. Following questions or discussion: A. A Board member may move to recommend that the draft Strategy be forwarded to the City Council and commended for adoption (See Option A in the "Recommendation" section above). B. Any Board member who wants a substantive amendment to the draft Strategy should make a motion (that gets seconded) to amend the Strategy with the specific desired language. o The Board could then vote on each amendment, one -by -one or, if desired, on a small set of amendments. o A Board member would make a motion to recommend an action by the Council on the draft Strategy. (See Option B in the "Recommendation" section above.) Note: The Board's adopted recommendation to the City Council should be brief, stating the desired end result. (For more detailed information, the Council will be able to refer to meeting minutes and other materials.) After July 11 The draft Housing Strategy, including the Planning Board's recommendation and other information, will be considered by the City Council, who is responsible for the final decision. Council meetings are tentatively planned as: 6 July 24--Introduction 6 August 7--Public hearing 6 August 21--Discussion and direction 6 August 28--Additional discussion and possible wrap-up 6 September 4--Finalize (?) 6 Other meetings as needed. Approval or adoption of the final Housing Strategy by the City Council will provide direction on more specific actions that can be undertaken in the near future --but will not automatically change city budgets and codes. Any actions that amend city codes or budget will be decided only after necessary Packet Pg. 100 7.A details are spelled out and a public process takes place so that community input and other information can be considered. Attachments: Attachment 1: Housing Task Force Member List Attachment 2: Edmonds Housing Strategy DRAFT 2018_0705 Packet Pg. 101 7.A.a Y CITY OF EDMONDS 121 5th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT Updated 5/18 MEMBERS Bill Anderson Compass Housing Alliance Rev. M. Christopher Boyer Good Shepherd Baptist Church Chris Collier Alliance for Housing Affordability Mark Craig Henbart, LLC Adrienne Fraley-Monillas Edmonds City Council Jamie Reece Reece Homes Real Estate Mark Smith Housing Consortium of Everett & Snohomish County Rob Van Tassell Catholic Housing of Western Washington Anne Wermus Edmonds Housing Instability Coalition CITY STAFF Shane Hope, Director of Development Services Shane.hope@edmondswa.gov Brad Shipley, Associate Planner Brad.shipley@edmondswa.gov Diane Cunningham, Administrative Assistant Diane.cunningham@edmondswa.gov Packet Pg. 102 M m 46 03 ►I 901\ 1 7.A.b Cover Photos Top Row (Left) Townhomes in Seattle. https://wwwredf n.com/WA/Seattle/2850-S-Nevada-St-98108/home/8187294 (Center) Detached Accessory Dwelling Unit (DADU) by Sheri Newbold of live -work - play architecture. Seattle Accessory Dwelling Units Draft EIS, http.//www.seattle.gov/council/adu-eis (Right) Mixed -use, mixed -type, and mixed -income housing in the Westlawn Gardens neighborhood of Milwaukee, WI. https://planning. orq/awards/2018/westlawn/ Second Row (Left) Highpoint is a development located in West Seattle with a mix of low-income and market rate housing —it offers 1,600 housing units, with nearly half being affordable, with a mix of publicly and privately funded units. High Point offers a variety of housing styles and scales, and is integrated with retail and civic amenities. Mithun, Juan Hernandez, http://comm-aps.com/portfolio_ poge/high-point/ (Center) One way to address the housing needs of aging residents is to provide resources to support aging in place and provide options for long-term care in current housing units —such programs could include home modification, transportation, recreation and socialization, yard care, or care management and counseling. Edmonds Senior Center, https/wwwfacebook.com/EdmondsSeniorCenter/ (Right) Lovejoy Station in Portland, OR is a five -story apartment community that serves residents with incomes between 40% and 80% area median income. Edmonds Highway 99 Subarea Plan, https/wwwedmondswo.gov/2011-07-27-22-31-43/highway-99-planning- proiect.html Third Row (Left) Edmonds Lutheran Church and Compass Housing Alliance have partnered to develop a multistory housing development for low-income individuals and couples in the City of Edmonds. The housing will feature an innovative new modular building technique that greatly shortens design and construction time to lower costs. https://edmon dsbeacon.villogesoup. com/p/Seattle-startup-chooses-edmonds-for-first-s tackab/e-ho using- proiect/1756401 (Center) Anthem on 12th is a workforce housing development in Seattle financed through a multifamily tax exemption program. Edmonds Highway 99 Subarea Plan, https/wwwedmondswo.gov/2011-07-27-22-31-43/highway-99-planning- proiect.html (Right) Cottage housing on Bainbridge Island. HUD, https://www.huduser.gov/portal/casestudies/study_102011 2.html Bottom Row (Left) Quixote Village is a tiny house community in Olympia, WA that evolved from a tent camp for the homeless. htto://guixotevillage. com/ (Center) Capitol Hill Housing is a publicly owned corporation that developers affordable housing and provides resident and homeless services in collaboration with local economic development organizations, service provider networks, and other affiliates. The Fleming Apartment building in Seattle's Belltown neighborhood serves households earning 50% of area median income. https://www.capitolhillhousing.orq/ourproperties/buildings/flemin.php and https://www.apartments.com/ fleming-apartments-seattle-wa/ycwvmns/ (Right) Section 8 Vouchers can be used by people with low -incomes to rent market - rate housing units. The vouchers are intended to help people with low -incomes live in neighborhoods that would otherwise be unavailable to them within their means. Aline Ridge Apartments, pictured here, are a multifamily housing development in Kirkland that accepts Section 8 vouchers. https://www kcha. orq/housing/property ospx?PropertvlD=1 Packet Pg. 104 7.A.b Acknowledaements DRAFT Edmonds Housing Strategy Task Force BILL ANDERSON Compass Housing Alliance REV. M. CHRISTOPHER BOYER Good Shepherd Baptist Church CHRIS COLLIER Alliance For Housing Affordability MARK CRAIG Henbart, Llc. ADRIENNE FRALEY-MONILLAS Edmonds City Council JAMIE REECE Reece Homes Real Estate MARK SMITH Housing Consortium Of Everett And Snohomish County ROB VAN TASSELL Catholic Housing Of Western Washington ANNE WERMUS Edmonds Housing Instability Coalition City of Edmonds Staff SHANE HOPE Development Services Director BRAD SHIPLEY Associate Planner DIANE CUNNINGHAM Planning Administrator Consultant Team: BERK Consulting KEVIN RAMSEY Project Manager ANDREW BJORN Policy Specialist JESSIE HARTMANN Layout and Information Designer MELANIE MAYOCK Analyst 3 Packet Pg. 105 7.A.b Q Packet Pg. 106 7.A.b Executive Summa Edmonds is facing urgent housing affordability challenges that are impacting communities across the Central Puget Sound Region. To a great extent, these challenges are caused by rapid job and population growth that is outpacing the production of new housing near job centers. With so many new people and families competing for a limited supply of housing, prices get pushed increasingly higher. This results in a widening gap between housing costs and what is affordable to low, moderate, and even middle -income households. In Edmonds, nearly 6,000 households are "cost burdened" and struggling to afford rising housing costs. Over 4,000 of these cost -burdened households are low-income. Additionally, at least 2,400 low-income workers are commuting long distances to jobs in Edmonds from homes in more affordable communities. Housing affordability is an issue that impacts all Edmonds residents. Rising housing costscan leadtothedisplacementoflong-term residents, uprooting lives and undermining the stability of neighborhoods. When workers in Edmonds are not living close to their jobs, they must drive longer distances to their workplace. This increases traffic congestion on local streets, greenhouse gas emissions, and transportation costs. A lack of affordable housing also makes it difficult to hire and retain teachers, nurses, firefighters, and other essential members of the community. Maintaining a healthy and sustainable city means that Edmonds will need to build more housing and different kinds of housing to meet the diverse needs of our population and workforce. While the City has already taken some important steps to address critical housing needs and contribute to regional housing solutions, additional actions are both necessary and urgent. This report presents a multi -part strategy for increasing the supply affordable housing options in Edmonds to meet the needs of a diverse range of household types and income levels. This strategy recognizes that both market rate and subsidized housing production will play a role in meeting the housing needs of Edmonds residents and workforce. The strategy includes six' objectives: 1. Encourage the development of multifamily housing. Ensuring that there is sufficient supply of apartments and condominium housing in Edmonds is essential to reduce upward pressure on housing costs and providing more options for small households who do not need a lot of space. Edmonds should allow and 1 These objectives are not presented in rank order. DRAFT Why is Edmonds Developing 0 a Housing Strategy? r U) The City's 2016 Comprehensive Plan includes an Implementing to Action to develop a strategy by 0 2019 for increasing the supply of = affordable housing for all income levels and meeting diverse p` housing needs. c 0 c m E 0 U a� 5 Packet Pg. 107 7.A.b 91MAIIIIJ044 RM DRAFT EDMONDS HOUSING STRATEGY I JULY 201 8 What is Affordable Housing? encourage more multifamily housing production in targeted areas across the city to address this need. A home is generally considered to be affordable if the household [percent 2. Expand housing diversity in the "missing middle". We need is paying no more than 30 a wider range of housing options to meet the diverse needs of of their income on different households at various income levels and stages in their housing costs. A healthy housing market includes a variety of life -cycle, ranging from young one -person households to retirees. housing types that are affordable Edmonds should allow and encourage the development of to a range of different household income levels. "missing middle" housing types such as accessory dwelling units, The term "affordable housing" is duplexes, and townhomes to meet these needs. often used to describe income- 3. Support the needs of an aging population. One out five restricted housing available only to qualifying low-income Edmonds residents is over the age of 65, this share will continue households. Income -restricted to grow over the coming years. Our community must consider the housing can be located in public, nonprofit, or for -profit housing housing and lifestyle needs of these older residents. Managing developments. It can also include these needs will require supporting the desire for some residents households using vouchers to to "age in place" in their homes, while accommodating other help pay for market -rate housing. residents in assisted living and nursing home facilities. In this report, "affordable housing" refers to any housing 4. Increase the supply of income -restricted affordable housing. that is affordable to the household that is occupying A large share of the Edmonds workforce and current population it, whether market rate or do not earn enough income to afford market -rate housing. subsidized. Edmonds should support and encourage more affordable housing See Appendix C for a glossary of development in partnership with nonprofits and regional agencies housing terminology used in this to meet the needs of these community members. report. 5. Participate in South Snohomish County strategies to reduce homelessness. People experiencing homelessness are often struggling with issues that are beyond the scope of this strategy such as addiction, mental illness, or domestic violence. However, Edmonds can play an important role by coordinating with regional service providers and reducing barriers to the development of emergency, transitional, and permanent supportive housing for the homeless. The City is also pursuing a separate and more detailed study into the needs of homeless populations in Edmonds and options for addressing those needs. 6. Provide protections for low-income tenants. Low-income tenants may be impacted by a range of issues in the market which can affect their ability to find and maintain stable housing. Edmonds should identify short and long-term solutions to address these needs and assist households displaced from affordable housing in the community. 6 Packet Pg. 108 7.A.b Contents Introduction Housing Needs in Edmonds Homeless Persons and Families 12 Workforce Housing 13 Senior Housing 16 Housing Strategy Overview 17 1. Encourage the Development of Multifamily Housing 19 2. Expand Housing Diversity in the "Missing Middle" 22 3. Support the Needs of an Aging Population 24 4. Increase the Supply of Income -Restricted Affordable Housing 25 5. Participate in South Snohomish County Strategies to Reduce Homelessness 29 6. Provide Protections for Low -Income Tenants 31 Appendices. 33 Appendix A. Edmonds Housing Needs Assessment 35 Household Incomes in Edmonds 35 Housing Supply in Edmonds 36 Housing Needs by Household Type 41 Special Needs Populations 44 Appendix B. Homeless Services and Resources in Edmonds 49 Appendix C. Glossary of Housing Affordability Terminology 51 Appendix D. Preliminary Assessment of Housing Tools 55 DRAFT r L vJ a� 0 2 L L 0 r_ 0 r c aD E E 0 0 aD W Packet Pg. 109 7.A.b DRAFT EDMI HOUSING STRATEGY I JULY 2018 Exhibits Exhibit 1 Cost -Burdened Households and Current Income- f° r Restricted Housing Inventory 11 U) c Exhibit 2 Low -wage Long-distance Commuters to Edmonds 14 y Exhibit 3 Cost -Burdened Households in Edmonds by 3 = Household Type Income Level (Seniors Excluded) 15 c� L Exhibit 4 Median Family Income 35 Exhibit 5 Edmonds Household Income as Percent of AMI, by L Housing Tenure 36 0 Exhibit 6 Edmonds Housing Inventory 36 r -a Exhibit 7 Household (HH) Sizes Compared to Housing Unit Sizes 37 c E Exhibit 8 Affordability of Average Cost Rental in Edmonds Units 0 by Income Level, 2017 39 Exhibit 9 Rental Housing Supply by Affordability Level ,n Compared to Household Need 40 ti 0 Exhibit 10 Average Rents in Edmonds, 2011-2018 40 ao� Exhibit 11 Low -wage Workers Commuting Long Distances to N Jobs Located in Edmonds 42 ~ Exhibit 12 Renter Households with Incomes 30-50% of AMI (Households with Members Age 62+ Excluded) 43 Exhibit 13 Renter Households with Incomes 50-80% of AMI (Households with Members Age 62+ Excluded) 43 Exhibit 14 Edmonds Population by Age Range 44 Exhibit 15 Senior Households (Age 62+) with Incomes Below AMI, by Income Level 45 Exhibit 16 Homeless Students in the Edmonds School District 46 8 Packet Pg. 110 7.A.b Introduction With its prime location and quality of life, the appeal of living in Edmonds is strong. As more people move to the Puget Sound Region, the competition for limited housing in Edmonds also grows. Rents and housing prices rise as a result, which can lead to the displacement of many long-term residents. Rising housing costs impact the quality of life for all Edmonds residents. When workers in Edmonds can't live close to their jobs, they must drive longer distances to work: increasing their transportation costs as well as traffic congestion on local streets and greenhouse gas emissions. A lack of affordable housing makes it difficult to recruit, hire, and retain teachers, nurses, firefighters, and other essential members of the community. Students in families struggling with housing insecurity often have increased challenges in school and require greater attention and resources. Housing affordability is essential to quality of life, environmental sustainability, and community resiliency. To maintain an inclusive, healthy, and thriving city, Edmonds needs more housing in a variety of formats to meet the housing demand from our diverse population and workforce. Also, with a large population of older residents, Edmonds needs to make more space for younger community members who can contribute to our city's economic and civic vitality. This requires different kinds of housing that meetthe needs of diverse lifestyles. This is important because not everyone needs the same type of housing: some families prefer a large detached housing with a large yard, while others are happy with a small house and small yard. Still, others want the option to live in an apartment, townhome, condominium, or something else. When we provide opportunities for different types of housing to be built, people have more choices. This also enables us to support the housing needs of community members across their entire life cycle, from younger adults living alone, to new families, and to retirees looking to downsize. The City of Edmonds is committed to addressing housing affordability challenges. In recent years, Edmonds has taken several actions: • Adopted a multifamily tax abatement program that applies in some locations when at least 20 percent of the new housing is dedicated to low and moderate -income households. • Adopted reductions in park and transportation impact fees for low-income housing projects. DRAFT 9 Packet Pg. 111 7.A.b DRAFT EDMi HOUSING STRATEGY I JULY 2018 • Set aside $250,000 for a fund that will assist with homeless needs and began a new study to assess those needs Joined the Alliance for Housing Affordability, a multi jurisdiction organization that is looking to contribute funds toward selected affordable housing projects. • Adopted a plan and regulations that allow more housing in the Westgate and State Route 99 areas. While these steps show progress, more actions are necessary. Therefore, the 2016 Edmonds Comprehensive Plan committed the City to develop and implement a Housing Strategy by 2019 that would increase the supply of affordable housing for a range of income levels and meet diverse housing needs. In 2017 the Mayor appointed a Housing Strategy Task Force to make recommendations for increasing the supply of affordable housing and meeting diverse housing needs. The Task Force is composed of nine local housing developers, policy experts, and civic leaders representing the public, nonprofit, and for -profit sectors. This group has met on five occasions to review an analysis of the local housing supply and housing needs, identify best practice solutions for addressing housing needs, and evaluate potential actions that the City can take to most effectively address housing needs in Edmonds. Some of these actions the City could tackle alone, while others would be most effectively pursued in collaboration with Snohomish County, neighboring communities, and other partners through coordinated regional strategies. This report presents the Housing Strategy, including actions recommended by the Task Force. The strategy addresses the need to increase the production of both market rate and subsidized affordable housing to meet the needs of a diverse range of household types and income levels. The Strategy gives direction and guidance for many actions that would be explored or implemented in the near future. Actions, such as code amendments and budget adoption, are also subject to separate processes to establish more detail and provide for public input. 10 Packet Pg. 112 7.A.b Housina Needs in Edmonds The need for affordable housing in Edmonds is significant and growing. One indicator of need is cost -burdened households. A cost -burdened household is spending over 30 percent of their income on housing costs, while a severely cost -burdened household is spending over 50 percent of income on housing. Between 2010 and 2014 there were nearly 6,000 cost -burdened households in Edmonds. This includes over 4,600 low- and moderate - income households. These needs have very likely grown in the years since this data was collected. Between 2011 and 2018 average monthly rents in Edmonds have increased by over $600, or 4.6 percent per year.2 As shown in Exhibit 1, the current inventory of income -restricted subsidized housing is small and inadequate compared to the level of need. EXHIBIT 1 Cost -Burdened Households and Current Income -Restricted Housing Inventory DRAFT What is Area Median Income (AMI)? Analyses of housing affordability typically group all households by income level relative to area median family income, or the median income of all family households in the metropolitan region or county. Median income of non -family households is typically lower than for family households. In this report AMI refers to the U.S. Department of Housing and Urban Development (HUD) Area Median Family Income. In Snohomish County, 2018 AMI is $96,000. Households 2,500 Total Households Total Households 2,250 2,045 Total Households ffjj.0 1,945 2,000 ' Total Households 1,690 Cost -burdened 1,500 Households 1,570 1,000 500 Income -Restricted Housing Units Cost -burdened Households 1,490 It Cost -burdened Households 1,075 Income -Restricted Income -Restricted Housing Units Housing Units I Total Households 9,510 Cost -burdened Households 1,170 1W Cost -burdened Households 520 Extremely Low -Income Very Low -Income Low -Income Moderate Income Above Median Income (<30% AMI) (30-50% AMI) (50-80% AMI) (80-100% AMI) (>100% AMI) Not Calculated ■ Cost -Burdened ■ SeverelyCost-BurdenedSources: HUD CHAS (based on ACS 2010-2014 Not Cost Burdened Household spends more than 30% Household spends more than 50% 5-year estimates); Housing Consortium of of monthly income on housing costs of monthly income on housing costs Everett and Snohomish County, 2018 2 Source: BERK analysis ofZillow Rent Index data for City of Edmonds, March 2011—March 2018. 11 Packet Pg. 113 7.A.b DRAFT EDMONDS HOUSING STRATEGY I JULY 201 8 Meeting these needs will require a variety of housing solutions that match a diverse array of different household types and income levels. This chapter provides a summary of housing needs in Edmonds. A more detailed assessment of the Edmonds housing supply and community needs is available in Appendix A: Edmonds Housing Needs Assessment. Homeless Persons and Families Homelessness in Snohomish County is on the rise. Since 2013 there has been a 50 percent increase in unsheltered homeless persons, from 344 to 515 in 2017.3 Chronic homelessness has increased at an even faster rate, from 135 persons in 2013 to 313 persons in 2017. There are 260 students attending schools in Edmonds that are homeless.4 There are many causes of homelessness and many barriers to housing stability, including poverty, unemployment, low wages, housing costs, disability/illness, substance abuse, domestic violence/child abuse, and criminal records. Housing strategies must often be coordinated with support services to help homeless residents address the underlying causes of housing insecurity. The City is currently conducting a more detailed analysis of the needs of its homeless population. Housing Strategies for Homeless Persons and Families • Winter and emergency shelters for short-term needs • Transitional housing (particularly for women and children) • Flexible low-cost housing formats that can be built quickly to address targeted needs on a temporary basis • Permanent supportive housing with coordinated services 3 Snohomish County Point -in -Time County Summary For the night of January 23, 2017 httt)s://snohomishcountywo.you/DocumentCenter/HomeNiew/41603 4 This includes students who are in temporary housing situations such as "doubled -up", or staying with friends or family due to lack of housing. 12 Packet Pg. 114 7.A.b W_ Workforce Housing Workforce housing refers to housing suitable for people whose place of work is in the community. Nearly 11,000 people work in Edmonds.' The majority of these workers are employed in the health care, retail, accommodations and food service industries. Jobs in these industries are typically low wage. In fact, nearly 60 percent of jobs in Edmonds pay less than $40,000 per year, or just over 40 percent of Area Median Income (AMI).6 Over a quarter of all jobs in Edmonds pay less than $15,000 per year, or about 15 percent of AMI. Workers earning these wage levels would have an extremely difficult time finding anywhere to live in Edmonds without a second job or a dual -income household. This helps explains why 87 percent of all workers in Edmonds live outside of Edmonds and 42 percent live more than 10 miles from theirworkplace. As shown in Exhibit 2 on the following page, nearly 1,100 low -wage workers commute more than 25 miles, and nearly 1,300 additional workers commute more than 10 miles from their homes outside of Edmonds. EXAMPLE: Home Health Aide Living Alone A home health aide in Edmonds earns around $26,000 per year. At this income, she could afford a monthly rent of $840 per month. The average rent for a studio apartment in Edmonds is over $1,000 per month and studios are in very limited supply. It is unlikely that a home health aide living alone could find a suitable home in Edmonds, affordable or otherwise. The most effective way to meet the needs of very low-income workers is increasing production of subsidized income -restricted affordable housing. However, increasing the or "micro -housing" can also help to provide <ers living alone in Edmonds. 5 Source of employment statistics: U.S. Census Bureau, OnTheMap Application and LEHD Origin -Destination Employment Statistics (Beginning of Quarter Employment, 2nd Quarter of 2015). 6 Note that some individuals work more than one job and some households have more than one worker. So, wage levels do not necessarily reflect total household income. However, many households in Edmonds are composed of a single worker living alone and many people would prefer to work only one job. Therefore, comparing local wage levels to housing costs is one important way to determine whether the current housing supply is affordable to the local workforce. DRAFT EXAMPLE: Moderate -Income Family Household Image: Department of Defense A military veteran has returned home and is now working as an entry-level fire fighter, earning $69,000 per year. His wife works half-time as a coffee barista and earns an average of $14,300 per year. Together they support three children on a combined household income of $83,400, or about 87 percent of AMI. With this income, the family could afford up to $2,085 per month in rent. Yet, the average cost to rent a single family home in Edmonds is over $2,400.* Home -ownership opportunities are even further out of reach. Moderate -income family households like this one need more rental and ownership housing opportunities. Edmonds current has a very limited stock of lower cost family housing such as townhomes, duplexes, or small - lot single family cottage homes. The City can enable and promote the development of these housing types through targeted rezones and code amendments that add flexibility. Doing so will help meet the needs of a wider range of household types and income levels. Zillow Rent Index (single family residences), May 2018 Packet Pg. 115 7.A.b EDMI HOUSING STRATEGY I JULY 2018 EXHIBIT 2 Low -wage Long-distance Commuters to Edmonds Very Low Waqe Workers Monthly Wage': up to $1, 250 Max Affordable Monthly Rent2: up to $375 93F Commute More Than 10 Miles to Work 435 Commute More Than 25 Miles to Work DRAFT 11518 Commute More Than 10 Miles to Work ow Wage Workers >nthly Wage': up to $3,333 ix Affordable Monthly Rent': up to $1,000 658 Commute More Than 25 Miles to Work Sources: U.S. Census Bureau, Center for Economic Studies 2015, BERK, 2077 (1) Earning up to this wage for their primary job. (2) Assuming they earn the top of the bracket. 14 Packet Pg. 116 7.A.b EXAMPLE: Single Parent Working as a Receptionist A single parent working as a receptionist in Edmonds earns an average of about $34,000 per year. At this wage the family could afford $960 per month in rent, whereas 1-bedroom apartments rent for at ' least $1,200 in Edmonds Image: Shutterstock, Alena Vasko and they are in very short supply. Increasing the supply of smaller apartments and reducing restrictions to other home types like accessory dwelling units could help to address the needs of working single parents. Increasing the supply of income -restricted housing is needed to meet the needs of low-income households. DRAFT EXAMPLE: Teacher Supporting a Family of Four A family of four with o� parent employed as an �1 elementary teacher earns f ' an average of $62,000 per year, or about 65 percent of AMI. At this wage the family could afford up to $1,550 in rent. The average three -bedroom apartment Image: Bureau of LaborStatistics in Edmonds rents for almost $1,700 per month. Homeownership options are generally far out of reach. Moderate -income family households like this one need more "missing middle" housing options such as townhomes, duplexes, or detached accessory dwelling units to provide more rental and ownership housing opportunities. Exhibit 3 shows cost -burdened non -senior households by household type and income level. It shows there are household struggling with housing costs across the entire income spectrum. The greatest need is among small families (2-4 members) and non -family households, which are typically people living alone or with unrelated housemates. EXHIBIT 3 Cost -Burdened Households in Edmonds by Household Type Income Level (Seniors Excluded) Large Family 80 50 10 0 10 Small Family 170 Non -family 215 150 380 330 245 645 1,770 270 340 110 210 1,145 Source: HUD CHAS (based on ACS 2010-2014 5-year estimates) Workforce Housing Solutions • Subsidized multifamily housing. Increased production of small market rate apartments, including studios, efficiencies, and micro -housing. • More "missing middle" housing formats like ADUs, duplexes, and townhomes. Packet Pg. 117 7.A.b 91MAIIIIJ044 RM DRAFT EDMOND�- HOUSING STRATEGY I JULY 2018 EXAMPLE: Senior Housing Supporting Affordable Aging in Place for One in five residents in Edmonds is over the age of 65 and over Edmonds Seniors 7,000 residents age 55-65 will become seniors within the next 10 years! Seniors are at greater risk of chronic disease, disability, and mobility challenges. As a result, many seniors have special housing needs that differ from the population at large. Seniors choosing to age in lace may require additional support services such as home g p Y q pp modification, transportation, recreation and socialization, yard care, or _ care management and counseling. While many senior households in Edmonds have the financial means to afford appropriate housing and services, many others will not. Image: Unspash, Sam Wheeler Indicators of Need Frank is a 74-year-old widower 3,200 senior households in Edmonds with incomes below AMI. who has lived in a single-family home in Edmonds for 46 years. 422 cost -burdened renters' households. He loves his community and Over 1,500 cost -burdened homeowners. wishes to stay in Edmonds. However, the cost of maintaining his large home is becoming Senior Housing Solutions unmanageable. So, Frank would like to build a detached accessory Subsidized and market -rate senior living facilities with coordinated dwelling unit (DADU) in the large support services. yard and rent the main building to a young family who cannot afford Detached and attached accessory dwelling units. to buy a home in Edmonds. A DADU would be the perfect size Support services to facilitate aging in place. for Frank and could be designed with accessibility in mind so that he can stay in the home as his mobility declines. The rent from the primary home would be more than enough to cover the loan to build the DADU. It could also provide Frank enough income to cover the costs of other services like transportation, grocery delivery, gardening, and occasional visits from a home health aide. Currently DADUs are not allowed by Edmonds code. A key element of this strategy is to relax these kinds of restrictions to enable more housing solutions for seniors and others. 7 Source: U.S. Census Bureau, American Community Survey 5-Year estimates, 2011-2015 16 Packet Pg. 118 7.A.b Housing Strategy DRAFT Overview The Edmonds Housing Strategy charts a course for supporting a sustainable, inclusive community with a range of housing types for households with different income levels and housing needs. It includes six objectives for improving access to affordable housing across the full range of housing types. The strategy is focused on reducing costs of development, increasing housing production, and addressing the specific needs of special populations in the city. The 2016 City of Edmonds Comprehensive Plan includes the following 10 goals related to housing in the community to achieve this strategy's mission: 1. Encourage adequate housing opportunities for all families and individuals in the community regardless of their race, age, sex, religion, disability or economic circumstances. 2. Ensure that past attitudes do not establish a precedent for future decisions pertaining to public accommodation and fair housing. 3. Provide for special needs populations —such as low income, disabled, or senior residents —to have a decent home in a healthy and suitable living environment. 4. Maintain a valuable housing resource by encouraging preservation and rehabilitation of the older housing stock in the community. 5. Provide opportunities for affordable housing (subsidized, if need be) for special needs populations, such as disadvantaged, disabled, low income, and senior residents. 6. Provide for a variety of housing that respects the established character of the community. 7. Provide housing opportunities within Activity Centers consistent with the land use, transportation, and economic goals of the Comprehensive Plan. 8. Review and monitor permitting processes and regulatory systems to assure that they promote housing opportunities and avoid, to the extent possible, adding to the cost of housing. 17 Packet Pg. 119 7.A.b DRAFT EDMi HOUSING STRATEGY I JULY 2018 9. Increase affordable housing opportunities with programs that seek to achieve other community goals as well. 10. Recognize that in addition to traditional height and bulk standards, design is an important aspect of housing and determines, in many cases, whether or not it is compatible with its surroundings. Design guidelines for housing should be integrated, as appropriate, into the policies and regulations governing the location and design of housing. The development and implementation of the Housing Strategy is proposed in the Comprehensive Plan. The Plan also proposes that the City track and report the development of housing over time, with a target of 112 additional dwelling units per year to reach 21,168 units by 2035. This target rate of growth is faster than Edmonds has seen in some prior years, especially during the recession periood. More recently, since 2014, the City has added an average of 107 units per year. To achieve the growth target, Edmonds will need to continue increasing its rate of new housing production. Considering the content of the Comprehensive Plan, this Housing Strategy is structured around six priority objectives to achieve these goals: 1. Encourage the development of multifamily housing 2. Expand housing diversity in the "missing middle" 3. Increase the supply of subsidized affordable housing 4. Identify and adopt strategies to address homelessness 5. Support the needs of an aging population 6. Provide protections for low-income tenants For each of these strategic objectives, this Housing Strategy provides a description of the general focus and intent with respect to housing in Edmonds, a list of potential actions to achieve each objective, and next steps for implementing these actions. 18 Packet Pg. 120 7.A.b Edmonds needs to aggressively increase the supply of market -rate multifamily housing such as apartments or condominiums to provide a greater variety of housing options and reduce upward pressure on housing costs. This can be facilitated by easing requirements and providing new market -based incentives. These actions typically focus on units appropriate for smaller households with one to two members and between 60 and 120 percent of AMI, including some low- and middle -income workers. Recommended Actions 1.1 Support transit -oriented development along current and future transit corridors. Some areas with higher levels of transit service can support transit -oriented development (TOD). This can include not only targeted rezoning and code refinementfor more intensive development, but also support for a mix of residential, retail, and service offerings, multi -modal transportation options, and parking management that can support walkability and transit use. The City should coordinate with Community Transit and Sound Transit to identify current and future areas for TOD and review potential schedules for implementation. Finally, the City should explore combining this action with an expanded multifamily tax exemption (Action 4.5) and an inclusionary zoning program (Action 4.6) to encourage affordable housing development. 1.2 Allow greater flexibility in multifamily zones Providing more flexibility for new development, including greater building heights or densities on a site allows more units to be accommodated on available land in areas zoned for multifamily development. This not only increases potential housing supply in Edmonds, it can also spur redevelopment of older, obsolete housing by permitting larger projects that would be more economically feasible to develop. The City should identify targeted areas where increased building heights or density levels would be appropriate and supportable by local infrastructure and services. 1.3 Reduce residential parking requirements in targeted areas. Reducing the number of parking stalls required for each new housing unit allows for lower development costs by reducing the amount of land necessary to accommodate parking spaces and the need to DRAFT 19 Packet Pg. 121 7.A.b DRAFT EDMONDS HOUSING STRATEGY I JULY 201 8 111.1neft, 01 Smaller houses that better fit existing neighborhoods (top), more housing options for people's changing needs (center), clear and fair rules for narrow low development (bottom) EXAMPLE: Portland's Infill Design Project Policymakers in the City of Portland wanted to encourage building a greater variety of housing types (such as duplexes and townhomes) in its residential neighborhoods and reduce the costs of development. But it also wanted high design standards to avoid impacting community character. To do this they brought together community stakeholders to design a series of housing prototypes that meet City regulations and design objectives and are feasible from a market perspective. The purpose is to make it easier and faster for builders to develop the kinds of new housing that meet community objectives. For more information see Portland's Infill Design Project Overview. Source: City of Portland, Planning and Sustainability accommodate parking within a residential building. This can also make market -rate projects more feasible by allowing for more of a site to be used for housing. The City should explore where it makes sense to reduce parking requirements, particularly in areas well served by transit to facilitate TOD. 1.4 Provide for a fast, predictable, and user-friendly permitting process. The City should work to improve the development permitting process and related reviews. Faster permit reviews, predictable timelines, and an easy to understand process and requirements would reduce the administrative and carrying costs for development projects in the community. This may be accomplished in multiple ways, such as by increased department staffing during busy cycles, clear and informative reference materials, public reports on actual permit review times, and "one window" access for applicants. 1.5 Provide density bonuses for projects that set aside income - restricted units. The City should identify locations where increases in density or building heights could be allowed, in exchange for a percentage of the units being allocated to income -restricted housing for a specified period or an in -lieu payment to a City affordable housing fund. This program would be a voluntary incentive to encourage more multifamily housing production as well as income -restricted housing production. As an alternative, the City could consider a mandatory inclusionary zoning program as described in Action 4.6. 1.6 Explore the application of "micro -housing" style developments. "Micro -housing" typically refers to multifamily buildings with very small efficiency units (usually less than 200 square feet) or congregate W L CnIIr^ c .y 3 O 2 r O c O r R C N E O U W 20 Packet Pg. 122 7.A.b housing with private rooms and shared kitchens and other facilities. Micro -housing projects can provide lower -cost options for one or two -person households that do not need significant amounts of living space. Modifications or relaxations of zoning and code requirements should be explored to determine the feasibility of micro -housing in key locations. Note that although this discussion is focused on workforce housing, code amendments could be explored in conjunction with those for flexible housing options for homeless residents detailed in Action 5.1. Additional Actions 1.7 Advocate for state legislation to promote condominium development. The Washington State Condominium Act is interpreted to subject condo developers to an implied warranty for construction, which has provided a disincentive for condo production in the market. Edmonds should work with other cities when possible to encourage the state legislature to revise the Act. 1.8 Coordinate communication and outreach to the development community. Providing public information about city regulations and incentives, especially those designed to encourage specific housing types, should be used to support the use of these programs in Edmonds. This can include web and hard -copy informational handouts, city email newsletters, forums, workshops, and other approaches. Next Steps • Review buildable lands and the status of developed single- family areas in Edmonds to determine some potential areas for upzoning that could accommodate greater amounts of residential development. • When considering changes to development codes, identify whether new design standards may be needed to maintain community character while providing developers with additional flexibility. • Coordinate with Community Transit and Sound Transit to determine appropriate locations for new and expanded transit - oriented development and coordinate long-range land use and transit planning for these locations. • Continue to streamline the process for permit reviews and other associated project reviews for new development and maintain a DRAFT 21 Packet Pg. 123 7.A.b DRAFT EDMI HOUSING STRATEGY I JULY 2018 clear and transparent system to allow the public to understand the process. Provide information resources as necessary to educate stakeholders about the development review process. Review the current Community Development and Building Codes to assess potential obstacles to the development of different micro -housing options, determine the expected uptake of micro - housing units, and provide recommendations for changes to the Codes that would help to achieve housing goals. • Coordinate with the PSRC, Snohomish County, other local governments, and key stakeholders to lobby the legislature to address issues with the Condominium Act. Compile available information on the development process in Edmonds, and provide the public with clear, easy to understand guides to the process to improve transparency. The housing market in Edmonds is primarily composed of single- family homes and apartments. The development of a wider variety of housing products is essential to meet the diverse needs of different populations. Households at various income levels and stages in their life -cycle (ranging from young one -person households to retirees) will have different space needs and financial capacities. This range of conditions can be addressed more efficiently in the market by providing units in "missing middle" housing types such as accessory dwelling units, duplexes, and townhomes. Market -based approaches to expand opportunities for these developments can encourage a more diverse and flexible housing supply that better meets the needs of the community. Recommended Actions 21 Allow more flexible requirements for accessory dwelling units and backyard cottages. An accessory dwelling unit (ADU) is a small, self-contained residential unit built on the same lot as an existing single-family home. ADUs may be built within a primary residence (e.g., basement unit) or detached from the primary residence. The City should promote the development of ADUs by modifying requirements 22 Packet Pg. 124 7.A.b that prevent or discourage homeowners from adding a unit to an existing property. This may include more flexible parking requirements, changing owner occupancy requirements, allowing unrelated households to reside in these units, and so forth. The City should also explore the impacts of allowing some ADUs to be used for short-term rentals as a source of income for local homeowners, including impacts on the surrounding community and long-term rental housing supply. 2.2 Allow for more housing diversity in some single-family areas. Most households cannot afford to live in a large -lot single-family home. In locations near transit and commercial centers, it may make sense to allow for a greater variety of housing types that still fit the character of the surrounding community. These could include townhomes, duplexes, cottage housing, or small -lot single-family units. Targeted rezones or code amendments to allow more flexibility can help to promote a wider diversity of housing types on the market to meet the needs of a wide range of household types and income levels. Next Steps • Review existing provisions within the Community Development Code and determine the changes necessary to address major obstacles in the development of accessory dwelling units and other small housing formats. • When considering changes to development code, identify whether new design standards may be needed to maintain community character while providing developers with additional flexibility. • Review buildable lands and the status of developed single-family areas in the community to determine potential areas for rezoning to allow "missing middle" housing development, such as duplexes and townhouses. • Explore the wider application of form -based codes that could support the development of "missing middle" housing in other neighborhoods. • Compile available information that would be able to support the development of community land trusts in the city. DRAFT EXAMPLE: Encouraging Accessory Dwelling Units The cities of Mountlake Terrace, Shoreline, Lynnwood and Everett all impose less constraints on the development and use of ADUs when compared to Edmonds. The City of Mountlake Terrace promote the development of ADUs and detached ADUs on their website and provide a clear guide for homeowners considering adding an ADU to their property. Planners in Mountlake Terrace report a significant increase in the number of ADU permits in recent years as awareness of concept grows in the community. .It Source: City of Mountlake Terrace, via city website 23 Packet Pg. 125 7.A.b DRAFT EDMI HOUSING STRATEGY I JULY 2018 Over 20 percent of Edmonds residents are over the age of 65. Demographic trends indicate this share will continue to grow over the coming years. Our community must consider the housing and lifestyle needs of these older residents. For those that decide to "age in place" in their current housing units, there will be challenges in accessing appropriate health and social services as well as managing the ongoing costs of housing with fixed incomes. For those that choose assisted living options or care in nursing homes, land use requirements should allow sufficient options to be built affordably for their needs. Recommended Actions 3.1 Pursue partnerships to support aging in place. One way to address the housing needs of aging residents is to provide resources to support aging in place and provide options for long-term care in current housing units. Such programs could include home modification, shared housing, transportation, recreation and socialization, yard care, or care management and counseling. This may be best pursued in partnership with another organization involved with elder care, such as Aging and Disability Services of Snohomish County. 3.2 Examine property tax relief and utility rate/tax relief programs. Low-income homeowners, especially seniors, can be at risk of economic displacement when property tax or utility charges increase. Snohomish County has a property tax exemption and deferral programs for senior and disabled persons as well as propertytax deferral program for limited income homeowners. The City could expand participation in these programs through increased outreach and education. Additionally, the City could review its programs to provide relief for the cost of utilities to provide support to seniors and other groups. Current City utility programs offer some discounts to low-income residents. Additional Actions 3.3 Reduce barriers to group homes and housing for seniors. Housing in retirement and assisted living communities in Edmonds, including nursing homes or memory care facilities, may have certain code requirements (e.g., vehicle parking) that are less applicable to the needs for seniors or other group home residents. Modifications or relaxations of code requirements can help to reduce the costs of development, as well as the associated costs of housing for seniors 24 and other special needs populations. Packet Pg. 126 7.A.b Next Steps • Develop partnerships with nonprofit organizations involved with elder care to coordinate a "aging in place" plan for city services and land uses that will support residents of Edmonds as they age. • Review options for property tax and utility rate relief programs for seniors to determine the expected uptake, fiscal implications, and relative impacts of such a program. • Coordinate a forum with local and regional developers of care facilities and nursing homes to review requirements for developing these uses in Edmonds, and potential innovations to reduce the costs of these projects. 4. INCREASE THE SUPPLY OF INCOME 1W - RESTRICTED AFFORDABLE HOUSING For many low-income households with incomes 60 percent of AMI or below, it is unlikely that the market can provide housing that is affordable. Actions should be taken by the City to support and encourage the development of income -restricted housing through funding contributions, reducing costs to build new affordable housing projects, and incentives to include affordable units in new market - rate developments. The City can also encourage innovative private or nonprofit financing tools for housing types that are more difficult to finance in the traditional market. The tools may include methods that use technology in new ways. Increasing the supply of income -restricted affordable housing can be most effectively pursued in partnership with other agencies and nonprofits such as the Alliance for Affordable Housing, the Housing Authority of Snohomish County, Housing Hope, YWCA, Compass, Hazel Miller Foundation, and Verdant. Recommended Actions 4.1 Conduct an inventory of public and nonprofit land suitable for affordable housing development. The City should develop an inventory of public- or nonprofit -owned properties that are vacant or underutilized and then assess which properties are potentially suitable for affordable housing development. This will enable the City to identify and prioritize opportunities to facilitate new affordable housing development through the direct voluntary donation of parcels. The City could also consider raising funds through the sale of surplus properties that are not suitable for affordable housing development. Proceeds from the sale of these properties could be used to support affordable housing projects. DRAFT EXAMPLE: Shoreline Density Bonus Under the Shoreline Municipal Code, density bonuses are provided in multifamily areas, with up to a 50 percent increase in density provided for units affordable for households with incomes up to 80 percent AMI. Covenants are registered on the property to retain this affordable housing on the site for a 30-year period. 25 Packet Pg. 127 7.A.b Er HOUSING STRATEGY I JULY 2018 EXAMPLE: Fee Waivers for Affordable Housing in Everett Affordable housing projects for households of 50 percent AMI or less in Everett may apply for a transportation impact fee exemption, which is granted on a case -by -case basis. An exemption requires the developer to register a covenant on title to ensure the site remains in use for affordable housing. Fees for development permits may also be waived at the discretion of the planning director if a landowner agrees to register a covenant on title to retain affordable units on the site for a 30-year period. DRAFT 4.2 Allocate City resources to support new affordable housing development targeted at 0-30 percent AMI. The City should allocate funding to help support an affordable housing project targeted for extremely low-income households. A contribution by the City can greatly improve the competitiveness for receiving additional grant funding, such as Washington State Housing Trust Fund grants that are administered by the Housing Authority of Snohomish County. Funding from the City could be used to pursue projects in Edmonds in partnership with a nonprofit housing developer, or pooled to contribute to regional housing solutions through the Alliance for Housing Affordability. 4.3 Pursue Section 8 voucher allocations. A major source of support that can help low-income households access housing on the private market is the Section 8 voucher program, funded by the federal government and administered by the Housing Authority of Snohomish County. The City of Edmonds should work proactively with the Authority to secure additional project -based vouchers for developments within the city where possible. This should be done in cooperation with third - party nonprofit organizations where applicable. 4.4 Encourage the use of available grants and tax credits for affordable housing development. The City should provide support and funding to nonprofit developers interested in receiving financial support from the state and federal governments. Among the available programs, federal Low -Income Housing Tax Credits (LIHTCs) can provide tax credits for 10 years of up to about 9 percent of the qualified basis of a building and are administered through the Washington State Housing Finance Commission. Additionally, the State Department of Commerce administers the Housing Trust Fund for the construction, acquisition, and/or rehabilitation of affordable housing, preferably for households with special needs or incomes below 30 percent of the Area Median Income. 4.5 Expand the multifamily tax exemption (MFTE) program. The multifamily tax exemption (MFTE) program is a voluntary incentive provided by the City. Under this program, private multifamily housing developments in certain designated districts are exempted from property taxes for up to 12 years if income -restricted units are maintained in the development. This program is currently applied to the Highway-99 Subarea and the Westgate Mixed -use District. It should be expanded as appropriate to spur the development of affordable housing in other locations. 26 Packet Pg. 128 7.A.b 4.6 Explore the development of an inclusionary zoning program. Possible changes to the Edmonds Community Development Code should be explored that would permit greater residential building heights and densities in certain targeted areas, in exchange for a percentage of the units being allocated to income -restricted housing for a specified period or an in -lieu payment to a City affordable housing fund. This can either be voluntary (as described in Action 1.5), where affordable units are necessary for additional capacity, or mandatory, where affordable units are required for any development on the site. Since inclusionary zoning must be implemented as part of an increase in development capacity, this should be explored as part of other strategies involving upzoning, such as Action 1.2 and Action 1.3. 4.7 Keep reduced development fees for low-income housing. Fees for development in the City of Edmonds include impact fees to finance capital spending for community infrastructure, utility connection fees to fund new connections with city services, and permit fees to cover administrative costs of processing applications. Some discounts are currently provided for low-income housing, and further reductions should be explored to improve the financial feasibility of the development while maintaining necessary funding for these services. Additional Actions 4.8 Support community land trusts. Community land trusts (CLTs) are a way to promote affordable home ownership by keeping the ownership of the land with a separate nonprofit community organization and providing renewable leases and portions of the total equity to homeowners. Although these arrangements are not typically implemented by local governments, the City can provide support for a new CLT recently formed in Snohomish County ("Homes and Hope"), including direct funding or the provision of surplus public lands. 4.9 Expedite the permitting process for affordable housing. The City can prioritize the processing of permits for affordable housing projects, which will reduce the time spent in the permitting process and the associated costs with holding the property. Although this could be used for high priority projects, the short-term focus should be to provide overall support for streamlining the permitting process where possible. DRAFT 27 Packet Pg. 129 7.A.b DRAFT EDMI HOUSING STRATEGY I JULY 2018 4.10 Support the use of Historic Tax Credits. LIHTCs can be used in conjunction with the federal Historic Tax Credit (HTC) to rehabilitate older buildings for use as low-income housing. Although this may be applicable in individual cases, it is unlikely that this could be applied generally to properties within Edmonds. 4.11 Coordinate with organizations to address special housing needs in the community. This housing strategy focuses on general community housing needs, as well as the needs of seniors, low-income households, and the homeless. However, other groups in Edmonds may have needs beyond the scope of this overall strategy. For instance, some communities, such as artists, may benefit from affordable housing that provides appropriate live/work spaces to facilitate in home businesses that are compatible with the surrounding community. The City should maintain a dialogue with community organizations to determine how planning regulations and affordable housing programs can provide the flexibility to consider specific needs for housing and explore partnerships for new affordable housing development. Next Steps • Research the implications of expansions to the MFTE program to new neighborhoods, including the expected low-income and market -rate housing yields resulting from such a program, and develop recommendations for changes to the MFTE to reach the goals of this Strategy. • Review existing land use capacity and expected impacts on market -rate and affordable unit development from different inclusionary zoning policies to provide recommendations for inclusionary zoning policies to incorporate into the Community Development Code. • Evaluate the fiscal impacts and expected benefits from further reductions in development fees for affordable housing. • Compile available information to support applications for grants and tax credits by developers interested in low-income affordable housing, including how-to guides for completing applications and relevant city data that can be used to support the rationale. • Coordinate a dialogue with relevant community organizations to understand what specific needs may exist for affordable, flexible housing options. 28 Packet Pg. 130 7.A.b The reasons that people become homeless are many. They may be EXAMPLE: based on temporary or long-term problems, including loss of a job Tiny Homes in Seattle or home, domestic abuse, physical conditions, trauma, addictions, or mental illness. The City can and should coordinate with nonprofit and regional partners to identify roles it can play in helping to tackle these problems in addition to helping find shelter for those in need. One of these roles could be identifying and eliminating barriers to the development of emergency, transitional, and permanent supportive housing for the homeless. The City is also conducting a separate assessment of the needs of homeless populations as well as options for addressing those needs. This study should be used to refine and prioritize the implementation of the options that are identified and may include one or more of the potential actions below. Potential Actions 5.1 Explore partnerships with the County, south county cities, and nonprofit service providers. Work with nonprofits and/or regional partners to identify opportunities to acquire and/or operate facilities that provide both transitional housing and social services for the purpose of helping homeless people overcome barriers to productive livelihood. For example, the City of Lynnwood is currently seeking partners to help support the purchase and operation of a local motel for expanding south county shelter capacity. 5.2 Support and reduce barriers to the development of permanent supportive housing. The City could partner with nonprofits or regional partners to develop new permanent supportive housing intended to provide stability and integrate services that attend to necessities like food and shelter without preconditions such as sobriety, treatment, or service participation requirements. 5.3 Reduce barriers to single room occupancy housing. Options for permanent or semi -permanent housing for low-income and formerly homeless individuals can include individual room rentals with shared bathrooms and/or kitchens. Certain code requirements in Edmonds may limit this kind of housing, and modifications or relaxations of the building code can help to reduce the costs of development, as well as DRAFT Othello Village is a city - authorized homeless encampment with 28 96-square foot tiny houses and 12 tent platforms. It is intended as a short-term housing solution for up to 100 people. The village shares a kitchen, shower trailer, donation hut, and security booth. The city pays about $160,000 per year to supply water, garbage services, and counseling on -site. Donations from individuals, foundations, and other organizations have recently allowed all Othello Village tiny houses to install heat and electricity. The Village is owned and operated by the Low -Income Housing Institute (LIHI), which also provide case management services. Donations to LIHI also fund the materials for the tiny houses, which cost about $2,200 per house; construction is mostly courtesy of volunteers. Seattle has five other similar encampments. These are permitted for 12 months with the option to renew for a second 12 months. Packet Pg. 131 7.A.b DRAFT EDMI HOUSING STRATEGY I JULY 2018 the associated costs of housing to these residents. Note that this could be implemented in conjunction with efforts in Action 1.5 to allow the development of micro -housing. 5.4 Reduce barriers to the development of temporary shelters such as tiny home villages. New permanent housing can take several years or more to develop. The City could explore whether to relax or remove barriers to the creation of authorized homeless encampments in temporary shelters such as tent camps or tiny home villages (see sidebar example). This could allow for a flexible and low-cost temporary housing strategy targeted at populations who are not yet able to access more permanent housing options. 5.5 Explore partnerships to keep and expand winter shelter programs. The City could work in partnership with nonprofits to expand emergency overnight shelter programs that operate during the winter months. Such programs can also help connect homeless individuals with services and other resources, including support services provided by the City and the broader region. Next Steps • Review results of the separate 2018 homelessness study being conducted by the City and decide priorities from it. • Review the current Community Development and Building Codes to identify obstacles to development of emergency shelter beds, affordable housing options, and low barrier, permanent supportive housing. • Assess examples of alternative housing options to provide flexibility with housing unit development and determine necessary changes to implement these housing options. • Explore partnerships with local and regional organizations working with homeless populations to develop and implement a "housing first" program, winter shelters, safe parking lot use, and other targeted strategies to address both short and long-term needs in the community. 30 Packet Pg. 132 7.A.b Low-income tenants may be impacted by different issues in the market that affect their ability to find safe and stable housing. To address these concerns, the City should work to provide protections that help ensure tenant safety, discourage discrimination, and aid those facing displacement. Although these initiatives do not increase the housing supply or address housing affordability, they can contribute to a more sustainable base of renters in the city. They can also promote long- term connections to the community. Recommended Actions 61 Create requirements to provide fair housing information. The City should work to pass ordinances that require property managers to provide information to all tenants regarding tenant rights and property manager responsibilities under federal fair housing law. 6.2 Create anti -discrimination requirements for tenants. The City should work to pass ordinances to affirm that discrimination against prospective tenants based on source of income, race, ability, or other factors is not permitted, and provide protections against discriminatory behavior by landlords. Additional Actions 6.3 Provide rental housing inspection programs. The City could provide for an ordinance or program to educate property owners, managers, and renters about City housing codes. This could also include requirements for owners to register all rental units and verify their properties meet building standards. Note that this would require additional City resources and should be assessed to determine the capacity needed for implementation. 6.4 Develop a tenant relocation assistance program. The City could also develop a program to provide financial assistance and services to households that are physically displaced due to the demolition or renovation of rental units. This program would be financed through charges on the owners of the demolished units but would need to be tailored to ensure that it would have a benefit to tenants while not significantly increasing the costs of development. DRAFT 31 Packet Pg. 133 7.A.b DRAFT EDMI HOUSING STRATEGY I JULY 2018 Next Steps • Develop a fair housing ordinance for review by Council that requires the distribution of relevant fair housing information at the time of a residential lease. • Create a fair housing information packet to be distributed to residential tenants upon the lease of a housing unit. • Develop a housing anti -discrimination ordinance for review by Council which affirms that the City of Edmonds prohibits anyone from being denied housing, evicted unfairly, or otherwise discriminated against based on race, ancestry, color, age, religion, sex, familial status, disability, sexual orientation, source of income, or national origin. • Develop public information for distribution to ensure that the public is informed about the anti -discrimination ordinance and the process for reporting discrimination in housing. • Examine the expected costs, benefits, and impacts on development resulting from options for tenant relocation programs and outline recommended program characteristics. 32 Packet Pg. 134 M m 46 03 ►I 901\ 1 7.A.b Cover Photos Top Row (Left) Townhomes in Seattle. https://wwwredf n.com/WA/Seattle/2850-S-Nevada-St-98108/home/8187294 (Center) Detached Accessory Dwelling Unit (DADU) by Sheri Newbold of live -work - play architecture. Seattle Accessory Dwelling Units Draft EIS, http.//www.seattle.gov/council/adu-eis (Right) Mixed -use, mixed -type, and mixed -income housing in the Westlawn Gardens neighborhood of Milwaukee, WI. https://planning. orq/awards/2018/westlawn/ Second Row (Left) Highpoint is a development located in West Seattle with a mix of low-income and market rate housing —it offers 1,600 housing units, with nearly half being affordable, with a mix of publicly and privately funded units. High Point offers a variety of housing styles and scales, and is integrated with retail and civic amenities. Mithun, Juan Hernandez, http://comm-aps.com/portfolio_ poge/high-point/ (Center) One way to address the housing needs of aging residents is to provide resources to support aging in place and provide options for long-term care in current housing units —such programs could include home modification, transportation, recreation and socialization, yard care, or care management and counseling. Edmonds Senior Center, https/wwwfacebook.com/EdmondsSeniorCenter/ (Right) Lovejoy Station in Portland, OR is a five -story apartment community that serves residents with incomes between 40% and 80% area median income. Edmonds Highway 99 Subarea Plan, https/wwwedmondswo.gov/2011-07-27-22-31-43/highway-99-planning- proiect.html Third Row (Left) Edmonds Lutheran Church and Compass Housing Alliance have partnered to develop a multistory housing development for low-income individuals and couples in the City of Edmonds. The housing will feature an innovative new modular building technique that greatly shortens design and construction time to lower costs. https://edmon dsbeacon.villogesoup. com/p/Seattle-startup-chooses-edmonds-for-first-s tackab/e-ho using- proiect/1756401 (Center) Anthem on 12th is a workforce housing development in Seattle financed through a multifamily tax exemption program. Edmonds Highway 99 Subarea Plan, https/wwwedmondswo.gov/2011-07-27-22-31-43/highway-99-planning- proiect.html (Right) Cottage housing on Bainbridge Island. HUD, https://www.huduser.gov/portal/casestudies/study_102011 2.html Bottom Row (Left) Quixote Village is a tiny house community in Olympia, WA that evolved from a tent camp for the homeless. htto://guixotevillage. com/ (Center) Capitol Hill Housing is a publicly owned corporation that developers affordable housing and provides resident and homeless services in collaboration with local economic development organizations, service provider networks, and other affiliates. The Fleming Apartment building in Seattle's Belltown neighborhood serves households earning 50% of area median income. https://www.capitolhillhousing.orq/ourproperties/buildings/flemin.php and https://www.apartments.com/ fleming-apartments-seattle-wa/ycwvmns/ (Right) Section 8 Vouchers can be used by people with low -incomes to rent market - rate housing units. The vouchers are intended to help people with low -incomes live in neighborhoods that would otherwise be unavailable to them within their means. Aline Ridge Apartments, pictured here, are a multifamily housing development in Kirkland that accepts Section 8 vouchers. https://www kcha. orq/housing/property ospx?PropertvlD=1 Packet Pg. 136 7.A.b ndix A. Edmonds Housing Needs Assessment The need for affordable housing in Edmonds is significant and growing. Meeting these needs will require a variety of housing solutions that match a diverse array of different household types and income levels. This appendix presents an assessment of the current housing supply and housing needs in Edmonds, across the full spectrum of household types and income levels. Household Incomes in Edmonds When summarizing housing affordability by income level, household income is typically compared to the U.S. Department of Housing and Urban Development (HUD) Median Family Income, orAMI. In Snohomish County, AMI is $96,000. Exhibit 4 compares AMI to median income in Edmonds for families (households with two or more related persons) and non -families. Family incomes are typically higher than non -family due to the potential for dual income households. However, the gap in Edmonds is particularly wide with the median non -family income being less than 50 percent of AMI. Snohomish County 2017 HUD Median Family Income (AMI) Edmonds Median Family Income Edmonds Median Non -Family Income Exhibit 5 on the following page breaks down all households in Edmonds by income level and housing tenure. It shows a significant divide between renter and owner -occupied households. Only 31 percent of renter households earn at or above AMI, compared to 65 percent of owner -occupied households. DRAFT EXHIBIT 4 Median Family Income Source: HUD, 2017; 2012-2016 American Community Survey (S1901); BERK, 2018. 35 Packet Pg. 137 7.A.b EDMC DRAFT HOUSING STRATEGY I JULY 2018 EXHIBIT 5 Edmonds Household Income as Percent of AMI, by Housing Tenure L IIr^ V! All Households 11% 13% 10% 55% .y 3 O 2 Renter 18% 20% 10% 31% L C Owner 10, 9% 65% r O c ■ 30% or less ■ 30-50% 50-80% 80-100% _ Above 100% E 1= Source: HUD CHAS (based on ACS 2010-2014 5-year estimates). E V N w Housing Supply in Edmonds ti There are 18,663 housing units in Edmonds. As shown in Exhibit 6, nearly two thirds of these units are single family homes and nearly one third are in multifamily buildings with five or more units, such as apartments and condominiums. Only 7 percent of all units are in smaller multifamily buildings such as duplexes, triplexes, or townhomes. EXHIBIT 6 Edmonds Housing Inventory SING JTORY 1 7) Single Family Duplexes Multi -family (3 or 4 Units) Multi -family (5+ Units) Mobile Homes Source: Washington State Office of Financial Management (OFM), 2018; BERK, 2018. 36 Packet Pg. 138 7.A.b DRAFT Exhibit 7 breaks down the housing stock in Edmonds by number of bedrooms (in green) and households by household size (in yellow). Over 60 percent of the housing units in Edmonds have 3 or more bedrooms, yet over 70 percent of the households have only 1 or 2 members. One explanation for this mismatch is the large number of "empty nest" or childless couples living in large single-family homes. Nonetheless there is a severe lack of smaller format housing available to single workers or small families seeking to live in Edmonds. Likewise, there are few options available to existing households in Edmonds, such as retirees, who may wish to downsize their home and stay in the community. 45% EXHIBIT 7 o Household (HH) Sizes Compared 40r to Housing Unit Sizes N O 35 % 2 Source: U.S. Census American Community W_ Survey 5-Year Estimates, 2011-2015. O 30% _ v 25% wL' W a 20% 4% 15% 11% 45% _ G1 v wL' W a 1 Person HH 2 Person HH 3 Person HH 4 Person HH 5+ Person HH 35% No Bedrooms 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5+ Bedroom 37 Packet Pg. 139 7.A.b DRAFT EDMI HOUSING STRATEGY I JULY 2018 Ownership Housing The cost of ownership housing in Edmonds is on the rise and out of reach of most Snohomish County residents. During the past six years median home values in Edmonds have increased by $240,000. Today a household needs to make over $150,000 a year to afford the median value home. That is 159 percent of area median family income. The ownership housing market in Edmonds is dominated by large single-family homes. There are very few options for smaller and middle -income households seeking to get a foothold in the ownership housing market through the purchase of a condo or small townhome. OWNERSHIP HOUSING Median home values have increased by $240,000 over the past b years $554,400 $314,500 SEP I I SEP'17 Sources: Zillow Home Value Index, 2017; BERK, 2017 $152,556 (159% of county AMI) Annual household income needed to afford median value home 38 Packet Pg. 140 7.A.b Rental Housing in Edmonds Rental housing in Edmonds is significantly more affordable than ownership. However, costs are rising, and options are limited for low and moderate incomes households. As shown in Exhibit 8, one and two -bedroom apartments in Edmonds are affordable to households earning 60 percent of AMI or above. Households earning 50 percent of AMI cannot afford average rents for any unit size. EXHIBIT 8 Affordability of Average Cost Rental in Edmonds Units by Income Level, 2017 80% 60% 50% or less Yes Yes Yes Yes No No Yes Yes No No No No No No No Source: Dupre+Scott, 2017; HUD, 2017; BERK, 2018. The rental market in Edmonds includes units available at a variety of affordability levels. Exhibit 9 breaks down all renter households in Edmonds by income level and compares it to the rental housing supply by affordability level, based on Census data collected from 2010 to 2014. It shows that there was a significant shortage of units available for households with incomes at 30 percent of AMI or less, as well as a shortage of units for middle and upper income households (above 80 percent AMI). However, the following chart, Exhibit 10, shows that average rents have risen by over $600 since March 2011at a rate of 4.6 percent per year. Therefore, it is likely that the supply of units affordable to lower income households, particularly those below 50 percent of AMI, is significantly diminished today. Furthermore, undersupply of units at higher affordability levels results (>80 percent AMI) results in middle and higher income households competing for units that would be affordable to lower income households. This diminishes the supply of units available to those lower income households. DRAFT Packet Pg. 141 7.A.b EDMONDS HOUSING STRATEGY I JULY 201 8 EXHIBIT 9 Rental Housing Supply by Affordability Level Compared to Household Need 3,000 Households 2,500 0 Units Available 2,235 2,000 1,500 1,000 500 Source: HUD CHAS (based on ACS 2010-2014 5-year estimates); BERK, 2018. Source: Zillow, 2018; BERK, 2018. 1,925 1,150 975 435 940 <30% AMI 30-50% AMI 50-80% AMI >80% AMI Household Income as a Percent of HUD Area Median Family Income EXHIBIT 10 Average Rents in Edmonds, 2011-2018 C $2,500 21 c 0 $2,000 $1,699 Z1 - $1,500 DRAFT $2,327 $1,000 Jan-11 Jan-12 Jan-13 Jan-14 Jan-15 Jan-16 Jan-17 Jan-18 40 Packet Pg. 142 7.A.b Housing Needs by Household Type This section presents indicators of housing need based on the latest and best available data. Since housing costs are rising fast in Edmonds and neighboring communities, it is likely that many of these indicators underestimate the full extent of needs in the current housing market. Most notably, the estimates of cost -burdened households (those with housing costs that exceed 30 percent of household income) are based on household survey data collected between the years of 2010 and 2014. A lot has changed since this period. In 2010 the region was still in the early stage of recovery from an economic recession and housing market decline. The recent period of rapidly rising housing costs didn't begin until around 2013, near the end of the survey period. Despite these limitations, these indicators do provide a sense of scale of the problem among different household types and income levels. Low-income Workforce Housing Workforce housing refers to housing suitable for people whose place of work is in the community. Nearly 11,000 people work in Edmonds.' The majority of these workers are employed in the health care, retail, accommodations and food service industries. Jobs in these industries are typically low -wage. In fact, nearly 60 percent of jobs in Edmonds pay less than $40,000 per year, or just over 40 percent of AMI. Over a quarter of all jobs in Edmonds pay less than $15,000 per year, or about 15 percent of AMI. Workers earning these wage levels would have an extremely difficult time finding anywhere to live in Edmonds without a second job or a dual -income household. This helps explains why 87 percent of all workers in Edmonds live outside of Edmonds and 42 percent live more than 10 miles from their workplace. 8 Source ofemploymentstatistics: U.S. Census Bureau, OnTheMap Application and LEHD Origin -Destination Employment Statistics (Beginning of Quarter Employment, 2nd Quarter of 2015). DRAFT 41 Packet Pg. 143 7.A.b ')ND�- HOUSING STRATEGY I JULY 201 8 EXHIBIT 11 Low -wage Workers Commuting Long Distances to Jobs Located in Edmonds Very LAW Waqe Workers Monthly Wage': up to $1, 250 Max Affordable Monthly Rent2: up to $375 936 �F Commute More Than 10 Miles to Work 435 Commute More Than 25 Miles to Work DRAFT 11518 Commute More Than 10 Miles to Work ow Wage Workers >nthly Wage': up to $3,333 ix Affordable Monthly Rent2: up to $1,000 658 Commute More Than 25 Miles to Work Sources: U.S. Census Bureau, Center for Economic Studies 2015; BERK, 2017 (1) Earning up to this wage for their primary job. (2) Assuming they earn the top of the bracket. Exhibit 12 provides estimates for low-income non -elderly renter households who are living in Edmonds and have incomes between 30 and 50 percent of AMI (or between roughly $20,000 and $50,000 a year depending on household size). It shows the largest need is among workers living alone and smaller families. It is likely that the majority of small families have only two members. Market -rate apartment rents Edmonds are not significantly more than what is affordable to many low -wage workers earning 50 percent of AMI, 42 Packet Pg. 144 7.A.b EXHIBIT 12 Renter Households with Incomes 30-50% of AMI (Households with Members Age 62+ Excluded) Cost Burdened ■ Not Cost -Burdened Persons Living Alone or in Non -Family Hoseholds Small Families (2-4 Persons) Small Families (5+ Persons) 0 100 200 300 400 Source: HUD CHAS (based on ACS 2010-2014 5-year estimates); BERK, 2018. although this varies by household size. The biggest problem is the lack of supply. Even in cases where market rents are somewhat higher than the affordability level for lower income workers, many of these workers could save a great deal of money in transportation costs if they had the opportunity to live closer to their workplace. However, fully addressing the needs of low-income workers will require more income -restricted housing available to qualifying households based on income level. Moderate -income Workforce Housing Households with incomes between 50 and 80 percent of AMI are typically considered moderate income and have unique housing needs. Exhibit 13 shows the number of moderate income remter households in Edmonds by household type. In addition to those households living in Edmonds, there are over 800 workers earning 40 percent of AMI or EXHIBIT 13 Renter Households with Incomes 50-80% of AMI (Households with Members Age 62+ Excluded) Cost Burdened ■ Not Cost -Burdened Persons Living Alone or in Non -Family Hoseholds Small Families (2-4 Persons) Small Families (5+ Persons) 0 100 200 300 400 500 600 700 DRAFT Source: HUD CHAS (based on ACS 2010-2014 5-year estimates); BERK, 2018. 43 Packet Pg. 145 7.A.b DRAFT EDMI HOUSING STRATEGY I JULY 2018 above that commute over 25 miles to jobs in Edmonds.' Presumably many of these households would prefer to live closer to their jobs if suitable housing was available. Special Needs Populations Senior Households One in five residents in Edmonds is over the age of 65 and this share is expected to grow significantly during the next 10 years. Exhibit 14 breaks down the population of Edmonds by age group. This shows that there are over 7,000 residents aged 55-65 who will become seniors within the next 10 years. EXHIBIT 14 Edmonds Population by Age Range c 4,000 a � � 0 3,000 d 2,000 Source: American Community 11000 Survey 5-Year estimates, 2011-2015; BERK, 2017 Age LO 0- v o- v o` v o- v o` v o, v o- v o- v O r r (V (V CO CO v v LO LO 0 0 r-, r-, 00 � -0O O O O O O O O O O O O O O O O c LO -a D O LO O LO O LO O Lr) O Lo O Lo O LO O c N N M M y v LO LO 0 0 r\ r� M O LO 00 Seniors are at greater risk of chronic disease, disability, and mobility challenges. As a result, many seniors have special housing needs that differ from the population at large. Seniors choosing to age in place may require additional support services such as home 9 Source: U.S. Census Bureau, OnTheMap Application and LEHD Origin -Destination Employment Statistics (Beginning of Quarter Employment, 2nd Quarter of 2015). 44 Packet Pg. 146 7.A.b modification, transportation, recreation and socialization, yard care, or care management and counseling. While many senior households in Edmonds have the financial means to afford appropriate housing and services, many others will not. There are 3,200 senior households in Edmonds with incomes below AMI. Over half of these households are cost burdened and over a quarter of those households are renters. Exhibit 15 breaks down these households by income level. The greatest need is among those with incomes below 50 percent of AMI. EXHIBIT 15 Senior Households (Age 62+) with Incomes Below AMI, by Income Level 1,200 O s Senior Living Alone O 1,000 Senior Family O 2 800 600 400 200 Extremely Very Low -Income Moderate Income Low -Income Low -Income (50-80% AMI) (80-100% AMI) (<30% AMI) (30-50% AMI) There are a variety of housing solutions that can help meet the needs of low and moderate -income senior households. These include income - restricted senior living facilities with coordinated support services available onsite. Attached and detached accessory dwelling units can also be a good solution for many seniors. For instance, many senior households in Edmonds are homeowners. Those seeking to semi - independently age in place with the support of family can do so by moving into an accessory dwelling unit, freeing up the main home for family. Source: HUD CHAS (based on ACS 2010-2014 5-year estimates), BERK, 2018. DRAFT 45 Packet Pg. 147 7.A.b DRAFT EDMC HOUSING STRATEGY I JULY 2018 Homelessness a� r Homelessness in Snohomish County is on the rise. Since 2013 there has been a 50 percent increase in unsheltered homeless persons, from 344 to 515 in 2017.10 Chronic homelessness has increased at y an even faster rate, from 135 in 2013 to 313 in 2017. Many factors can = contribute to homelessness and present barriers to housing stability. L These include poverty, lack of affordable housing, disability, domestic o L violence, mental illness, criminal records, and addiction. Reliable data for quantifying homelessness within the City of Edmonds is limited. o .2 The 2017 Snohomish County Point -in -Time (PIT) count indicates that there were six unsheltered persons who slept in Edmonds the previous night and four unsheltered persons whose last permanent residence E was in Edmonds. These are very likely to be undercounts. In southern aooi Snohomish County, "job loss" and "family crisis/Break up" were the S most common reasons for homelessness. o Data about homeless students from the Edmonds School District are more comprehensive. Exhibit 16 shows total homeless students by school year, inclusive of all schools in the district (which includes EXHIBIT 16 Homeless Students in the Edmonds School District 661 700 600 600 600 ■ Shelters Unsheltered 473 500 tn Doubled -Up Hotels/Motels I 364 403 400 281 304 289 331 300 . 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 School Year Note: Data for 2016-2017 excludes 40 students in foster care to maintain consistency with the data collection methods used in previous years. The school district's official count of homeless students for the 2016-2017 school year is 640. Source: Washington State Office of Superintendent of Public Instruction (OSPI), 2017; Edmonds School District, 2017; BERK 2017 10 Snohomish County Point -in -Time County Summary For the night of January 23, 2017 https://snohomishcountywo.gov/DocumentCenter/HomeNiew/41603 46 Packet Pg. 148 7.A.b the cities of Lynwood, Mountlake Terrace, Brier, Woodway, and some neighboring communities). School districts in Washington State define homeless students as those "who lack a fixed, regular, and adequate nighttime residence." This includes categories such as "doubled -up" households that are sharing housing due to economic hardship. After a long period of steady increase, the 2016-2017 school year saw a decrease in homeless students. Much of the growth in homeless student population has been among those who are doubled -up, meaning they do not have a permanent residence and are staying with family or friends. Among just those schools attended by children who live in Edmonds, there were 260 homeless students during the 2016- 2017 school year. There are many causes of homelessness and many barriers to housing stability, including poverty, unemployment, low wages, housing costs, disability/illness, substance abuse, domestic violence/child abuse, and criminal records. Housing solutions must often be coordinated with support services to help homeless residents address the underlying causes of housing insecurity. Veterans Edmonds is estimated to have 3,310 veteran residents, nearly 10 percent of the total population." These residents are less likely than the general population to have income below the poverty level (only 2.6 percent compared to 7.6 percent of non -veterans). However, a significantly greater percentage of the veteran population is living with a disability (31 percent compared to 10 percent of non -veterans). The latest Point -in -Time count surveyed 44 unsheltered veterans and 22 staying in emergency shelters. The overall number of homeless veterans has remained stable since 2013. According to the 2017 PIT report, Snohomish County has sustained "functional zero status" on veteran homelessness under the guidance of Opening Doors, a Federal strategic plan to prevent and end homelessness.12 Function zero is attained when there is "a well -coordinated and efficient community system that assures 11 U.S. Census American Community Survey 2012-2016 5-Year Estimates. 12 Opening Doors: Federal Strategic Plan to Prevent and End Homelessness. Retrieved from https://www.usich.gov/resources/uploads/asset library/ USICH OpeningDoors_Amendment2015 FINAL.pdf DRAFT 47 Packet Pg. 149 7.A.b DRAFT EDMONDS HOUSING STRATEGY I JULY 201 8 homelessness is rare, brief and non -recurring, and no Veteran is forced to live on the street.1113 The Snohomish County summarizes resources available: "Veteran specific prevention and rapid -rehousing programs are offered, along with newly funded solutions. Sebastian Place, a 20-unit apartment complex dedicated to solely to house and provide supportive services to homeless veterans has opened. A low barrier veteran shelter program also began providing emergency shelter in conjunction with services:'14 Based on the County's assessment, veterans may be well served compared to other special needs populations facing housing instability. Artists The City of Edmonds Arts & Culture 2017 Economic Impact Study15 recommends that the City "integrate arts and culture's contributions to the economy in new and existing community economic development efforts." One way it can do this is consider actions to supportthe housing needs of artists living in Edmonds. Artists typically have incomes far below the level needed to afford market -rate housing in Edmonds. They also often have unique housing needs that could be addressed through new kinds of live -work formats that allow for studios or gallery space on the ground floor of artist housing. 13 U.S. Department of Veterans Affairs, "Ending Homelessness Among Veterans Overview': https://www.va. gov/HOMELESS/ssvf/docs/Endin p_Veterans_Homelessness_Overview. pdf 14 Snohomish County Point -in -Time County Summary For the night of January 23, 2017 p. 21 https://snohomishcountywa.gov/DocumentCenter/HomelView/41603 15 Currently in draft form. Will likely be published by the time the Housing Strategy is released publicly. 48 Packet Pg. 150 7.A.b ndix B. Homeless Services and Resources in Edmonds Resource for homeless population in Edmonds are provided by Snohomish County as well as local nonprofit organizations. The only shelter in Edmonds is the South Snohomish County Emergency Cold Weather Shelter, which is staffed by volunteers and housed at the Edmonds Senior Center. This shelter is open any night the temperature drops below 34 degrees. Other shelters are available in the City of Lynnwood and elsewhere in Snohomish County. Several Edmonds churches host meals and food banks and provide short-term services. The cities of Edmonds and Lynnwood Police Departments share a social worker outreach program that works to assist people struggling with homelessness in finding long-term solutions that leads them towards self-sustainability. This program is staffed by one social worker who helps people to navigate the County's coordinated entry system for accessing housing, finding access to appropriate mental health or drug and alcohol treatment services, or assistance in securing other resources specific to the individual's circumstances. According to the current social worker, Ashley Dawson, the intent of this program is not just to immediately house a person but rather to tackle some of the issues that may be contributing to their homelessness so that they will be successful once suitable housing is found. The Police Department is also working with Verdant to develop a south -county CHART program (Chronic -Utilizer Alternative Response Team) with a goal of keeping these people out of the criminal justice system, out of jail, out of hospital emergency departments, and reducing the number of calls to emergency services. Edmonds Police Department Patrol officers often encounter people who are homeless, living in motor homes, vehicles, or in structures in their family member's yards. These officers typically refer people to the social worker. According to Ms. Dawson, the Police Department has taken a progressive approach in recognizing that there are many layers to a person's situation. She indicates that officers act as partners in taking preventative approaches to supporting the full spectrum of needs among the homeless population. DRAFT 49 Packet Pg. 151 7.A.b DRAFT EDMI HOUSING STRATEGY I JULY 2018 Snohomish County is just opening a 16 bed Diversion Center in Everett to provide up to 14 days shelter and services for homeless persons who are addicted to drugs (primarily opioids) and may be struggling with untreated mental health needs and/or committing low-level crimes to live and support their addiction. An agreement with the county provides Edmonds and Lynnwood access to two beds shared between the two cities. More information about services provided in Snohomish County are available on the County's Human Services website.16 These services include: • Services to help maintain elderly and disabled adults in their own home or in a community setting • Drug and alcohol treatment for both youth and adults • Mental Health counseling • 24-hour services for persons in either a mental health or drug and alcohol crisis • Services to help low-income households meet their basic needs or obtain specific help to overcome barriers to improving their economic situation • An Early Childhood Education Program for low-income families with four-year old children • Employment and community support programs for persons with developmental disabilities and their families • Community programs for children and families • Help for veterans • Weatherization and help for low-income households to pay their heating bills The Edmonds City Council recently set aside $250,000 in funds for addressing homelessness. The City is currently conducting a study to assess the needs of homeless persons in Edmonds and specific approaches or programs for most effectively addressing those needs. 16 https://snohomishcoun4Wa.gov/191/Human-Services 50 Packet Pg. 152 7.A.b ndix C. Glossary of Housing Affordability Terminology This glossary provides definitions for housing terms, acronyms, and datasets used in the Edmonds Housing Strategy. Affordable Housing A home is generally considered to be affordable if the household is paying no more than 30 percent of their income on housing costs. A healthy housing market includes a variety of housing types that are affordable to a range of different household income levels. The term "affordable housing" is often used to describe income - restricted housing available only to qualifying low-income households. Income -restricted housing can be located in public, nonprofit, or for - profit housing developments. It can also include households using vouchers to help pay for market -rate housing. In this report, "affordable housing" refers to any housing that is affordable to the household that is occupying it, whether market rate or subsidized. American Community Survey (ACS) An ongoing nationwide survey designed to provide communities with current data about howthey are changing. The ACS collects information such as age, race, income, commute time to work, home value, veteran status, and other important data from U.S. households. ACS data is used for demographic analysis in this study. Area Median Income (AMI) Analyses of housing affordability typically group all households by income level relative to area median family income, or the median income of all family households in the metropolitan region or county. Median income of non -family households is typically lower than for family households. DRAFT 51 Packet Pg. 153 7.A.b DRAFT EDMI HOUSING STRATEGY I JULY 2018 In this report AMI refers to the U.S. Department of Housing and Urban Development (HUD) Area Median Family Income. In Snohomish County, AMI is $96,000. Accessory Dwelling Unit (ADU) A small, self-contained residential unit built on the same lot as an existing single-family home. ADUs may be built within a primary residence (such as a basement unit) or detached from the primary residence (such as a backyard cottage). Detached Accessory Dwelling Unit (DADU) An ADU that is detached from the primary single-family residence, such as a backyard cottage. HUD CHAS Each year, the U.S. Department of Housing and Urban Development (HUD) receives custom tabulations of American Community Survey (ACS) data from the U.S. Census Bureau. These data, known as the "CHAS" data (Comprehensive Housing Affordability Strategy), demonstrate the extent of housing problems and housing needs, particularly for low income households. The CHAS data are used by local governments to plan how to spend HUD funds, and may also be used by HUD to distribute grant funds. The most recent CHAS data used for housing cost burden analysis in this study reflect ACS data collected over a five-year period, 2010-2014. Household Income The U.S. Census defines household income as "The sum of the income of all people 15 years and older living in the household. A household includes related family members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees who share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a housing unit, is also counted as a household." 52 Packet Pg. 154 7.A.b Inclusionary Zoning (IZ) Inclusionary zoning is either a local requirement or incentive for developers to create some below market -rate apartments or for -sale homes in connection with a proposed market -rate development project. These below -market rate units are income -restricted, or available only to households that qualify based on their income level. Rents or housing prices are set based on the affordability level specified in the ordinance. IZ is allowed in Washington State under GMA (see RCW 36.70A.540). Cities and counties wishing to implement IZ are required to provide increased residential development capacity through zoning changes, bonus densities, height and bulk increases, or other incentives to offset the cost of providing the below market -rate units; other incentives could include more flexible development standards, parking reductions, fee waivers or reductions, or expedited permitting. Below market -rate units may be required to be produced at the same location as the market - rate units, but some localities have alternative compliance options including off -site options, land dedication, and "fee in lieu." Washington State law also sets the affordability period for these units. All income -restricted units developed through an inclusionary zoning program must remain affordable for at least 50 years. Multifamily Tax Exemption (MFTE) MFTE is a statewide program in Washington which allows the value of eligible multifamily housing improvements to be exempt from property taxes for a specified period of time, typically 8 to 12 years. The program aims to stimulate construction, rehabilitation, or conversion of existing structures to provide multifamily housing, including affordable housing, in designated areas within a jurisdiction. Cities can counties can choose to implement an MFTE program within designated areas and select the requirements for participating developers. These requirements can include a percentage set aside of income -restricted units affordable to households at a designated income level. Income -restricted unit must remain affordable for the period of the tax exemption. DRAFT 53 Packet Pg. 155 7.A.b DRAFT EDMI HOUSING STRATEGY I JULY 2018 Tiny House This term generally applies to small detached residential structures that are 500 square feet or less. Some tiny houses are designed to be permanent stand-alone residences. However, the term is also commonly used to describe very low cost temporary shelters of less than 200 square feet built in "villages" with shared facilities such as bathrooms and kitchens. These temporary tiny homes typically do not comply with local building codes and often do not include their own electricity or plumbing. The City of Seattle has authorized the development of six temporary tiny house villages located on public or nonprofit -owned land. These villages are intended to provide temporary housing for homeless individuals and families and are typically operated by nonprofits who provide case management services. 54 Packet Pg. 156 7.A.b ndix D. Preliminary Assessment of Housing Tools This Appendix includes 47 housing tools, or actions that the City of Edmonds could pursue to address housing needs. BERK Consulting conducted a preliminary assessment of these tools and presented to the results to city staff and the Housing Strategy Task Force. Some of the recommended actions in the Draft Housing Strategy are selected from this list of tools, while others reflect refinements or revisions suggested by the Task Force or city staff. These tools are organized by the same six objectives featured in the Draft Housing Strategy. DRAFT Packet Pg. 157 7.A.b 91MA1212J044 RM DRAFT EDMONDS HOUSING STRATEGY I JULY 201 8 Support transit -oriented development (TOD) in applicable areas. Areas which have higher levels of transit service can support development which supports access to regional and local transit systems. This can include not only targeted rezoning and code refinement for more intensive development, but also support for a mix of residential, retail, and service offerings, multimodal transportation options, and parking management that can support walkability and transit use. Allow greater building heights and densities in multifamily zones. Providing greater building heights and densities on a site can allow more units to be accommodated on available land in areas zoned for multifamily development. This not only increases the total amount of units that can be developed in the city, it can also spur redevelopment of older, obsolete housing. Kenmore, Bothell, Shoreline, others. Several communities across the Puget Sound Region have used TOD District Overlays or other tools to encourage TOD around corridors with frequent bus service. These include the nearby cities of Kenmore, Bothell, and Shoreline, among others. Lynnwood. The City of Lynnwood has three multifamily residential zones with height limits of 35-45 feet. (link) Mountlake Terrace. The City's RMM zone allows for either 35 or 50 feet, depending on the location relative to 216th St SW. link Implemented in the Highway 99 subarea. The City hasjust completed a subarea plan and has rezoned areas along the Highway 99 corridor and the Swift Blue Line. These areas are the most promising locations for a local TOD corridor, Sounder Station TOD. The neighborhood surrounding the Sounder station area can also be considered for TOD projects, especially if local transit connections can also provide this area with sufficient levels of service. Current height limits discourage development. The current height limit of 25 feet in many areas may not be attractive for multifamily development. Standard multifamily products in this region are more compatible with the mid -rise height limits in neighboring communities. Analysis of building permits indicates nearby communities are attracting much more multifamily development.16 Increase multifamily development capacity. Increasing the allowable density of development in areas close to transit stations or corridors can increase the amount of multifamily housing that can be accommodated in the City. Transit access for less mobile populations. Greater transit access can provide more transportation alternatives for seniors, youth, the disabled, and other sensitive populations. Lower transportation costs. TOD provides housing with lower transportation costs through transit access and high walkability, improving the combined affordability of housing and transportation for a household. Reduced parking. TOD can be combined with reduced parking requirements in areas where car ownership and use are expected to decline. Reductions in parking can also reduce development costs. Improve development feasibility. Upzoning to allow for more units in a project can reduce development costs per unit. This can make multifamily development projects in the city more feasible and encourage unit development. Increase multifamily development capacity. Increasing the allowable height and density of development can increase the number Limited land supply. Edmonds has limited land are of multifamily housing units that can be zoned multifamily, and expansions to development accommodated in the city. capacity may be needed to meet local needs. 16 BERK pulled OFM data on multifamily production (5+ units in structure) by city for 2010-2017 and calculated percent of total housing unit production. Edmonds: 237 units (44 percent); Lynnwood: 1,040 (86 percent); Mountlake Terrace: 343 (60 percent); Shoreline: 1,286 (81 percent). Locations limited by transit availability. TOD project locations are limited to nodes and corridors with high levels of transit service, and are dependent on the maintenance of these services into the future. Impacts of increased height and bulk of buildings. There are potential impacts to adjoining single-family neighborhoods due to bulk and shading from larger buildings. This can be mitigated using a transition zone or design standards. Increases in rent and property value. The desirability of these neighborhoods can increase property values and rents beyond those which may be affordable for low-income and vulnerable populations. Impacts of increased height and bulk of buildings. There are potential impacts to adjoining single-family neighborhoods due to bulk and shading from larger buildings. This can be mitigated using a transition zone or design standards. Limited area currently zoned multifamily. This tool may be best paired with a rezone to expand areas with multifamily zoning. "Encourage the Development of Multifamily Housing" continued on the next page 56 Packet Pg. 158 7.A.b Reduce residential parking requirements. If the City can reduce the number of parking stalls required for each new housing unit, developers can reduce the amount of land necessary to accommodate parking spaces, and can reduce the need to accommodate parking within a residential building. This can make a project more feasible by reducing costs and allowing more development on a site. Provide fast, predictable, and user-friendly, permit review. Improving the development process for market - rate and nonprofit developers could entice more to build in Edmonds. Developers seek fast permit reviews, predictable timelines, and an easy -to -understand process and requirements. Tactics to accomplish these outcomes could include: increased department staffing during busy cycles; materials that clearly explain requirements and the application process; public reports on actual permit review times (to increase predictability for applicants); and providing one point of contact for applicants. Allow "micro -housing" style developments. "Micro -housing" typically refers to multifamily buildings with very small efficiency units (200 square feet or less) or congregate housing with private rooms and shared kitchens and other facilities. It can provide lower -cost options for smaller households that do not need significant amounts of living space. Modifications or relaxations of code requirements may be necessary to make this kind of development feasible. PSRC/Other cities. Many communities across the Puget Sound Region have reduced requirements in transit -rich areas. The PSRC has assembled a summary that provides more information about changing requirements. (link) Seattle. Seattle has no parking minimum for new construction within urban centers, areas designated for transit -oriented development, or urban villages served by frequent transit (10 minutes between bus arrivals or less). Bellevue. Bellevue has reduced parking requirements for affordable units downtown, with 0.25 stalls/studio unit required with 60 percent AMI affordability or less. (link) Multiple communities. Many communities in the region provide support and performance statistics for their permit processes. Marysville provides annual reports on permit turnaround times, and Seattle reports on permit review times through its "Performance Seattle" webpage. link, link) Multiple communities. The National Association of Home Builders' 2015 Report, "Development Process Efficiency: Cutting Through the Red Tape," describes strategies used by local governments to make development review more efficient, including increasing staff capacity through dedicated revenue from development services, and creating a more user-friendly process. (link) Seattle. After several micro -housing projects were developed, the City of Seattle recently modified the building code to place additional restrictions on micro -housing. (link) Kirkland. The City of Kirkland has permitted micro -housing ("Residential Suites") with units of 120-350 square feet in the Central Business District and Totem Lake Business District. These developments are required to have minimum densities and common areas, and parking is restricted to 0.5 spaces per unit. (link) Implemented in the Highway 99 subarea. Edmonds recently reduced the required amount of parking spaces per unit in the Highway 99 subarea to -0.75 per unit (<700 sf), -1.25 per unit (700-1,100 sf), and 1.75 per unit (>1,100 sf). Wider implementation possible. These standards in the Highway 99 subarea could be extended to other areas of the City, or parking minimums could be reduced further in the Highway 99 area. Available resources to support implementation. King County's "Right Size Parking" tool could help to evaluate current parking minimums versus predicted usage for different development types. (link) Permit review information currently provided online. Edmonds Development Services already tracks permit review times; publishing this information on the website should not require large additional resources Potential for contracted support. Many cities in the Puget Sound Region enhance their development review staff capacity through contracting with private firms. This may offer more flexibility than hiring additional full-time city employees. May be allowable under current code. Edmonds code doesn't have minimum unit sizes, but code may prevent congregate housing (further research needed). Unclear if there is demand in Edmonds. Additional research would be necessary to determine if there are developers seeking to build this kind of product in suburban locations like Edmonds. These are typically found in high - amenity neighborhoods of large cities. However, it may make sense to provide for student housing near ECC and CWU-Lynnwood. Significant project cost reductions. Reductions in required parking can provide significantly reductions in the cost of building new multifamily housing. These reductions result from avoiding the costs of structured / underground parking, and the significant land requirements for surface parking. This can make affordable units more economically feasible to develop. Increase in demand for transportation alternatives. Reducing the amount of available parking can also increase the demand for other types of multimodal transportation: walking, biking, transit, etc. When used appropriately, this can support improved accessibility by these modes of travel, and can reduce household transportation costs. Reduces costs to developers. Reducing the time necessary to process permits would reduce costs for holding property prior to development, and increase the number of developers interested in building specific desired housing types in Ix: ul 10 1'an Reduced development costs. Micro -housing significantly reduces the development costs per unit, particularly if there are lower (or no) parking requirements. This can increase the viability of a project. Suitable for single -person households. These types of units can meet the needs of single -person households that do not need a substantial amount of living area and can benefit from lower housing costs. DRAFT Applications to areas served by transit. Larger reductions in parking requirements may only be possible in walkable areas and/or areas served by transit, where the number of trips by personal vehicles are lower. Off -site parking impacts. If requirements are set too low, there may be parking impacts in the surrounding neighborhood as residents will use street parking when on -site parking is unavailable Increases staff time and funding requirements. Increasing staff capacity to provide additional support for permitting, whether through contracting or hiring more city staff, would require additional funding support. Increased parking demands. There are potential impacts to parking in surrounding areas, especially if parking requirements are relaxed and residents rely on street parking. May be limited to high -amenity locations. Given the lack of private space, micro -housing is most often appropriate for higher amenity locations, often with transit services available. These types of units will be less attractive in locations where these community facilities and resources are limited. "Encourage the Development of Multifamily Housing" continued on the next page 57 Packet Pg. 159 7.A.b 91"12124# Rn 04 DRAFT EDMi HOUSING STRATEGY I JULY 2018 Lobby for state legislation to promote condominium development. The WA State Condominium Act is interpreted to subject condo developers to an implied warranty for constructions, which has resulted in lawsuits against developers. This has had a significant impact on condo development, as the increased risk of liability has reduced the interest of developers in this type of project. The City could work with other stakeholders to lobby for revisions to the Act, or pursue other options for promoting these types of projects with developers. Coordinate communication and outreach to developers. Keeping local developers informed about city regulations and incentives, especially those designed to encourage specific housing types, could help get more of these projects built in Edmonds. Communication methods can include: web and hard -copy informational handouts, city email listservs, forums or workshops, and personal communication. In developer interviews, several were unaware of City incentive programs. Apply transfers of development rights (TDR) in applicable areas. Land preservation initiatives such as protection of farmlands from development can often employ "transfers of development rights", where the development rights to lands being preserved are managed through a conservation easement. When these rights are separated in this way, the landowner receives the rights to develop at increased densities in designated urban "receiving areas", which can be sold to developers in these areas. Seattle. Seattle's 2015 HALA report includes this recommendation: "The City should work with the University of Washington's Runstad Center to explore options to stimulate the condo development market, including revising the warranty scheme in the Condo Act. (link) Shoreline, Mountlake Terrace. Fact sheets on topics such as ADUs, affordable housing regulations, critical areas, and more have been developed by these communities. (link, link) Burien, Mountlake Terrace. Email lists are maintained by these communities where users can sign up for updates on topics such as planning and zoning. (link, link) Bellevue / King County. King County first developed a TDR program in 1988, which has expanded significantly to protect forestry, farming, and critical habitat lands in unincorporated King County. As part of an interlocal agreement with the City of Bellevue, development rights from sending sites in the County can be used to increase base FAR and base building heights within specific zoning districts in the Bel -Red area. (link) Snohomish County. Snohomish County has identified farm and forest lands for conservation through its TDR program. This allows for increased development in locations zoned as "Urban Center" in unincorporated Snohomish County, as well as areas where rezoning has allowed for increases in allowable lots or dwellings. (link) Outside the City's jurisdiction. This solution requires action by the state legislature, and cannot be enacted directly by the City. However, there may be opportunities to better coordinate with other jurisdictions advocating for changes to the Act or working with the state Insurance Commissioner. Developer information currently provided online. The Edmonds Development Services Department website provides information on long-range planning projects, code updates, fees, and other issues. Adding information on incentive programs or zoning changes would fit with current efforts. Snohomish County program available. The Snohomish County TDR program allows cities to participate and designate "receiving areas" through interlocal agreements. Edmonds currently does not have an interlocal agreement with the County for this program, however. No strong linkage to housing production / affordability. Note that while this program is related to increasing potential density, it is not directly linked with the production of market -rate housing. In fact, this program could divert potential sources of revenue away from programs such as inclusionary housing. Addressing the "missing middle". Supporting the condo market in Edmonds could result in more opportunities for ownership of "missing middle" housing for small households. Downsizing opportunities for seniors. Condominiums are an option for senior households seeking to downsize while staying in the community. This can be supported by services within these developments dedicated to the needs of seniors. Provides opportunities to advertise major programs. A greater understanding of available programs to support new development may increase the number of developers interested in building specific desired housing types in Edmonds, as well as the uptake of these incentive programs. Encourages communication with the development community. Providing ongoing support for resources to the development community promotes transparency with stakeholders, and clear communication about the expectations for development and the use of incentive programs. Paired with upzoning. TDR programs are typically combined with upzoning in urban areas that can support additional density. Support for preservation programs. TDR programs assist in the preservation of natural areas, farmland, and other areas in the region under significant development pressures. Limited to market -rate units. New condominium construction will support market -rate, owner - occupied multifamily units, and is not likely to provide housing that is affordable to low-income households. Increases staff time commitment. Staff time would be required for creating additional informational handouts and keeping them up to date, and for administering email lists. Increase in development costs. This program increases the costs of development, which can reduce the affordability of housing in the community. Diversion of funding to land preservation from other housing programs. The additional cost of development is transferred to rural land conservation efforts, which are typically unrelated to building affordable housing at the local or regional level. 58 Packet Pg. 160 7.A.b Relax restrictions on accessory dwelling units and backyard cottages. The City can promote the development of accessory dwelling units for housing by relaxing requirements that would make it less feasible for homeowners to add these units to an existing property. This can include reducing parking requirements, changing owner occupancy requirements, allowing diverse types of households to reside in these units, and so forth. Targeted rezoning of single-family residential areas to allow multifamily units. Portions of existing single-family neighborhoods can be rezoned as appropriate to allow for new multifamily housing. This may include rezones that allow lower -density multifamily housing, such as duplexes or townhomes, as well as higher density development. Create/expand fee simple unit lot subdivision. The unit lot subdivision process provides opportunities for dividing fee simple ownership of land to create townhouses, rowhouses and similar fee -owned dwelling units as an alternative to both condominium ownership and traditional single-family detached subdivision. Kent. In Kent, waivers to off-street parking requirements are allowed near transit or where available on -street parking is sufficient. (link) Mountlake Terrace, Shoreline, Lynnwood, Everett. Requirements for ADUs are more permissive for certain cases in these communities, such as allowing unrelated households in a unit and allowing detached accessory units. (link, link Seattle. The City of Seattle is considering relaxing restrictions on accessory dwelling units further, with possible changes in off-street parking requirements and owner -occupancy limitations. link Shoreline. Recent rezones in Link light rail station areas have redesignated single-family areas to either low-rise (45 feet) or mid -rise (70 feet) mixed - use zoning. Mountlake Terrace, Lynnwood, etc.: Other communities such as Mountlake Terrance and Lynnwood have allowed unit lot subdivisions as of 2015-2016. (link, link Potential for broad application across the City. As 78 percent of the land in Edmonds is zoned as single-family residential, and lot sizes are relatively large, this policy could be applied over a wide area. More information about local demand and impacts is needed. Additional research into production of ADUs in similar suburban communities with less restrictions could help to evaluate potential demand and impacts on relaxing these restrictions. Potential areas for rezone in Edmonds. Single family areas near the Highway 99 corridor and Swift Blue Line may be good candidates for rezone. They could serve as transition zones to the General Commercial zone (up to 75 feet) adopted in much of the Highway 99 subarea plan. Limited land supply. Edmonds has limited land are zoned multifamily, and expansions of these areas may be needed to meet local needs. Adopted in Edmonds. This tool was recently adopted in Edmonds Community Development Code, under ECDC 20.75.045. link) Additional research may be necessary to review implementation. Work may be conducted to determine the uptake of unit lot subdivision, potential limitations or obstacles to this type of development, and policy changes to improve this approach. DRAFT Increases the number of smaller, more affordable Neighborhood impacts. There can be impacts dwelling units. Accessory units provide smaller I to neighborhood character and parking with dwelling units that can expand overall housing supply and choice, especially for smaller housing types that are accessible to a wide range of incomes. Provides additional units in developed neighborhoods. Promoting accessory units in existing single-family residential neighborhoods can also provide for more supply in areas with existing development with less impact than infill or redevelopment projects. Increase multifamily development capacity. Increasing the allowable density of development through upzoning can increase the amount of multifamily housing that can be accommodated in the city. Address range of housing types in demand. Rezoned areas can be tailored to promote opportunities for housing in the "missing middle" in historically single-family neighborhoods. This may include townhomes, duplexes, and multifamily housing. Eases development of townhomes and rowhouses. This can increase the market supply of ownership housing products that may be affordable to middle -income family households. Increases "missing middle" supply. Supporting the development of townhomes can provide more opportunities for households to access housing that is priced and scaled for their needs. Circumvents limitations on condo development. Supporting unit lot subdivision can allow development on a single building site to be divided between multiple owners without the need for a condominium, which can avoid the disincentives for this type of arrangement. accessory units, especially if usage is widespread. Note that this can be mitigated through design standards and appropriate parking requirements. Additional investment from individual homeowners. Accessory units need to be constructed either as part of new construction or renovation of an existing housing unit. This can limit the rate of uptake as it can be based on the investment decisions of individual homeowners. Impacts of increased height and bulk of buildings. There are potential impacts to adjoining single-family neighborhoods due to bulk and shading from larger buildings. This can be mitigated using a transition zone or design standards. Limited to market -rate units. New townhome construction can support market -rate, owner - occupied multifamily units, but is not likely to provide housing that is affordable to low-income households. "Expand Housing Diversity in the "Missing Middle"" continued on the next page 59 Packet Pg. 161 7.A.b EDMi HOUSING STRATEGY I JULY 2018 Apply targeted rezones to allow for townhouses, cottage housing, and/ or small -lot single-family housing. Targeted rezones in single-family areas can permit more flexibility with building types in projects, with the development of smaller, less expensive housing units possible as part of infill and new development. Promote planned unit development (PUD) projects. PUD ordinances allow developers flexibility to depart from existing zoning requirements in exchange for fulfilling an established set of planning criteria. These criteria may include housing goals such a density, affordable housing, diversity of housing stock, or sustainability. Mountlake Terrace. The City of Mountlake Terrace created a smaller lot overlay district near the town center, including new design standards to ensure the quality of new development. (link) Everett. Everett had provided zoning for small lot single-family dwellings, as well as development standards for duplexes. (link) Kirkland. Kirkland allowed demonstration projects in 2002 for small -lot development, and these pilot programs were permanently adopted in 2007. (link) Additional examples can be found at MRSC website ( ) This PSRC tool description provides additional examples and steps to implementation. (link) This MRSC tool description provides examples of implementation in different communities (link) Potential areas for targeted rezones. Single- family areas near the Highway 99 corridor and Swift Blue Line may be good candidates for rezone. They could serve as transition zones to the higher density General Commercial zone adopted in much of the Highway 99 subarea plan. This PSRC document provides additional examples and steps to implementation (link) Available but not typically used in the city. The City has this option available in the Zoning Code as "Planned Residential Development" (ECDC 20.35). It has not been used for recent projects given the scale of these projects and nature of the benefits to developers. Increases "missing middle" supply. Supporting the development of townhomes, cottage housing, and other housing types can provide more opportunities for households to access housing that is priced and scaled for their needs. Can be implemented in tandem with design standards. Targeted rezoning should be paired with design standards that encourage pedestrian orientation for higher density development. Flexibility with development standards. Negotiated standards for a PRD can promote more efficient site designs and lower infrastructure and maintenance costs Applicable to a range of ownership types. Although PRDs are typically focused on residential subdivisions for owner -occupied housing, this can incorporate the Provides opportunities for site -specific considerations. PRDs give the City an opportunity to tailor a project design to meet goals for a specific neighborhood or site. DRAFT Limited to market -rate units. New townhome and cottage housing construction can support market -rate, owner -occupied units in the "missing middle", but is not likely to provide housing that is affordable to low-income households. More applicable to larger -scale projects. Planned unit developments are intended to be larger -scale projects, often at the level of a subdivision. Negotiation for specific development considerations may not be feasible for smaller developments. 60 Packet Pg. 162 7.A.b 3. SUPPORT THE NEEDS ULATION 0 1 E I Pursue partnerships to support aging in place. Demographic forecasts indicate that the senior and elderly population of Edmonds will grow significantly over the next decade. One way to address the housing needs of this population is to provide resources to support aging in place. Such programs could include home modification, transportation, recreation and socialization, or care management and counseling. Promote or develop property tax relief and utility rate/tax relief programs. Low-income homeowners can be at risk of economic displacement when property tax or utility charges increase. Edmonds could expand participation in the County exemption and deferral program, and could also coordinate similar programs for utility costs. Reduce barriers to group homes and housing for seniors. Housing in retirement and assisted living communities, as well as units in nursing homes or memory care facilities, may have certain code requirements which are less applicable to the needs for seniors or other group home residents. Modifications or relaxations of code requirements can help to reduce the costs of development, as well as the associated costs of housing for seniors and other special needs populations. Seattle -King County. The Seattle -King County Advisory Council on Aging & Disability Services is exploring models such as "virtual villages" for supporting aging in place. There are at least three different virtual villages in the Seattle/King County area: NEST (link), PNA Village (link), and Wider Horizons (link). Bellevue. Bellevue's Utility Tax Relief Program offers a year end rebate check of the utility occupation taxes paid to the city. This program is open to residents who meet low income guidelines. (link) Bellevue. The City offers low income seniors and low-income permanently disabled persons relief on their utility costs for water, wastewater and drainage. Rate Relief offers up to 75 percent off utility costs. (link) Snohomish County. Snohomish County has a property tax exemption and deferral programs for senior and disabled persons as well as property tax deferral program for limited income homeowners. (link) Additional research needed. While these kinds of facilities are in communities across the State, we have not yet found examples ofjurisdictions that have taken actions to reduce barriers. Identify appropriate role for the City. This tool may be best pursued in partnership with another entity such as Aging and Disability Services of Snohomish County. County currently provides property tax relief. As noted, this program is currently in place for county taxes for the residents of Edmonds. Expansion of the program possible. Additional tax and fee exemptions may be possible from the City of Edmonds. This could be focused on property taxes and/or utility fees. Edmonds currently has facilities available. According to WA DSHS data the following licensed facilities have mailing addresses in Edmonds: • 47 adult family homes (accept Medicaid) • 5 assisted living facilities (no Medicaid) • 2 nursing homes (accept Medicaid) Current examples of new development. A memory care assisted living facility was recently permitted for development in Edmonds. Review of that permitting process may provide insight into the barriers (if any) with Edmonds code requirements. Addresses the growing needs from seniors. Aging -in -place programs help address the housing needs of a senior and elderly population in Edmonds that is expected to grow considerably in the coming years. Reduced housing costs. Tax and fee relief provides a reduction in housing costs for low- income homeowners and those on fixed -incomes, allowing them to stay in their homes. Provides more senior housing options in the community. Increasing the supply of senior housing can provide more options for Edmonds residents who wish to remain in the City during their later stages of life. More supply will be needed as the elderly population of Edmonds grows in coming years. DRAFT Does not expand the housing supply or improve housing affordability. These programs are intended to provide seniors with the ability to stay in their own homes, but does not include creating new, affordable units. Requires additional funding and administrative costs. This program will require additional funding from the City, and may compete against other budget priorities. Reduced utility/tax revenue for City. Encouraging fee or tax relief for low-income homeowners requires that the City address the shortfall in revenue through cuts in services or increases in charges to other residents. Does not increase the housing supply. This program is directed to existing homeowners, and does not encourage the creation of new affordable housing. Additional research needed. Further research is necessary to determine if there are any barriers currently that can be addressed by the City. "Support the Needs of an Aging Population" continued on the next page bl Packet Pg. 163 7.A.b EDMONDS HOUSING STRATEGY I JULY 201 8 Waive or reduce utility connection fees for affordable housing. Development projects may also be charged a fee to connect with city services, such as sewer and stormwater systems. These fees could be discounted or completely waived for affordable housing projects to reduce the associated costs to the developer and improve the feasibility of development. Kirkland. In 2017, the City of Kirkland passed an ordinance to allow sewer, potable water, and stormwater connection charges to be waived "with respect to the construction of any shelter or low-income housing project found by the city manager to serve low-income persons" under RCW 35.92.38. (Iink, link, rink) Fee waivers would need to balance revenue needs and cost incentives. Waivers of these fees may provide further incentives that improve the feasibility of new affordable housing development in Edmonds. However, waivers must be balanced with the need for this revenue to support connections to local infrastructure. Reduces cost to develop new affordable housing. Eliminating or reducing utility connection fees can reduce the costs to developers, which can help to boost the feasibility of affordable housing development. DRAFT Reduced City revenue. The cost of connecting new affordable housing to services would have to be funded with other revenue sources, or otherwise passed on to utility rate payers. 62 Packet Pg. 164 7.A.b Facilitate donations of land. Although the City does not own significant parcels of land that are appropriate for new affordable housing development, it can play a role in facilitating donations of land from other organizations for affordable housing. Coordinate rental assistance programs. Rental assistance programs such as federal Section 8 Public Housing and Housing Choice Vouchers and local and county programs supported by state funding opportunities. Subsidies are based on HUD's Fair Market Rent, which, in Edmonds, is set based on the Seattle -Bellevue HUD FMR area (King and Snohomish Counties combined). Expand the multifamily tax exemption (MFTE) program. The multifamily tax exemption (MFTE) program is a voluntary incentive that exempts private multifamily housing developments from property taxes for up to 12 years if income -restricted affordable units are maintained in the development. Bellevue. The City of Bellevue has provided direct assistance in the form of leases or donations of public lands for four affordable housing projects: Hopelink Place, Habitat Eastmont, Brandenwood Apartments, and Park Highlands at Wilburton Apartments. (link) Nationwide / Snohomish County. Section 8 Housing Choice vouchers are a federal program available nationwide to provide rent subsidies for households with 50 percent AMI or lower. For Edmonds, this program is administered by the Housing Authority of Snohomish County (HASCO) Shoreline. The Shoreline Property Tax Exemption (PTE) program is offered in seven specific areas of the City. Under the program, 20 percent of a project's units must be rented at "affordable" rates to qualify. For studio and 1-bedroom units, this is calculated according to 70 percent of King County AMI, with 2-bedroom or larger units affordable to 80 percent of King County AMI. (link) Lynnwood. The MFTE program in Lynnwood provides exemptions for apartment and condominium projects of 50 units or more located within the City Center. Tax exemptions of eight years are permitted for any multifamily project, with a 12-year exemption permitted if 20 percent of the units are affordable. (link Significant parcels of land available for development. Although there are few larger tracts of land available for new greenfield development in the City, some institutions (including local churches) do hold vacant or underutilized parcels that could be used for developing new housing. Supporting role for the City. As the City does not have substantial land holdings to donate and will not typically be involved directly as a land developer, it will likely serve as a champion and mediator for these types of arrangements. Currently administered by HASCO. Local management of Section 8 programs is through HASCO. The Authority also manages rent - controlled properties for low-income households and households with special needs, and has participated in voucher programs with the Sound Families Initiative of the Bill and Melinda Gates Foundation. Institutional capacity in Edmonds. The City of Edmonds does not manage rental assistance programs as part of municipal operations. Coordinating rental assistance programs may require partnerships with public housing agencies or other nonprofits. Currently adopted in Edmonds. The City recently adopted a new MFTE program in the Westgate Mixed -use District and SR-99 subarea. The program requires 10 percent of units affordable at 80 percent AMI and 10 percent affordable at 150 percent AMI. No projects have been built to date under this program, however. Lack of awareness in the development community. Interviews indicated that there was a lack of awareness of the MFTE program among developers in the community. Better communication by the City could increase participation in this program. Supports productive use of available lands for affordable housing. Encouraging the use of donated lands for affordable housing can move sites that are currently vacant or underutilized into productive use to support affordability in the local market. Addresses costs of land acquisition to affordable housing projects. As land prices can be one major factor in the feasibility of nonprofit affordable housing projects, providing land at a low cost can improve the feasibility of development. Significant demand for housing subsidies could be met. Additional investment by Edmonds could provide direct subsidies to support housing affordability to vulnerable populations in the city itself. This could provide a direct means to support affordability in the city. Affordable units built and managed by private developers. The City is required to monitor the status of affordable units provided by private developers for the MFTE program Helps provide housing for moderate- and middle - income households. MFTE programs can require housing affordable to 80 percent of AMI, providing opportunities for housing to meet the needs of this income group that may otherwise be priced out of the community. Can provide incentives for market -rate housing. MFTE programs may also be used to promote the development of new multifamily housing units that are not income restricted in specific areas where redevelopment is desirable. DRAFT Cooperation with other stakeholders required. As the City of Edmonds does not have substantial surplus land reserves to donate, the success of land donation programs will require coordination with other stakeholders. While the City can mediate these efforts, it will require decisions by these organizations to succeed, and may be subject to goals and considerations specific to these organizations. Institutional capacity for administering rental assistance is limited. Although providing rental assistance may contribute needed resources to these programs, administration by the City may be difficult given the current lack of local capacity. Coordination with existing public housing agencies such as HASCO would be more effective. Expiration of program benefits. Under the legislation, affordability requirements for units built under this program will expire after 12 years. These could be retained as affordable units, but it would require additional expenditures by the City. Reduced City revenue. An MFTE program will reduce future property tax revenue from the corresponding development, which could have fiscal impacts if its use is widespread in the City. Not applicable for very low income households. This incentive is typically only feasible if the income -restricted units are targeted at 80 percent of AMI or above. Requiring units at lower affordability levels would reduce the economic feasibility and therefore lower the likelihood that a developer would choose to participate in the program. "Increase the Supply of Income -restricted Affordable Housing" continued on the next page 63 Packet Pg. 165 7.A.b 91612124# mm 04 DRAFT EDMi HOUSING STRATEGY I JULY 2018 Develop voluntary inclusionary zoning / density bonusing programs. Changes to the Edmonds Municipal Code can permit greater building height and/ or densities for residential developments in certain areas, in exchange for a percentage of the units being allocated to affordable housing for a specified period. Waive or reduce impact fees for affordable housing. Impact fees in the City of Edmonds are collected to finance capital spending for community infrastructure such as parks and streets. Discounts are provided for certain levels of affordable housing. This program could be modified to further reduce or waive impact fees for new affordable housing, which would reduce development costs and improve the financial feasibility of the development. Shoreline. Under the Shoreline Municipal Code, density bonuses are provided in multifamily areas, with up to a 50 percent increase in density provided for units affordable for households up to 80 percent AMI. Covenants are registered on the property to retain this affordable housing on the site for a 30-year period. (link) Federal Way. Multifamily housing that includes affordable housing (80 percent AMI) can include one bonus market rate unit for each affordable unit included in the project. In single-family developments with affordable units, lot sizes may be reduced by 20 percent. Units are required to be affordable for the lifetime of the project through a covenant on the land. (link) Everett. Affordable housing projects for households of 50 percent median family income or less in Everett may apply for a transportation impact fee exemption, which is granted on a case -by -case basis. An exemption requires the developer to register a covenant on title to ensure the site remains in use for affordable housing. (link) Bellingham. Affordable housing projects for households of 80 percent median family income or lower may receive exemptions from 80 percent of applicable park, transportation, and school impact fees. These exemptions require a covenant to be registered with the property. (link, link, link) Fiscal assessment required. The feasibility for inclusionary zoning requirements must be carefully designed to provide enough incentives to make development feasible. An Urban Land Institute report provides guidance on optimizing the effectiveness of incentives for inclusionary development. (link) Additional resources from the PSRC provide details about inclusionary zoning. (link) MRSC provides links to other resources related to inclusionary zoning. (link) Currently adopted in Edmonds. Discounts for certain impact fees are already implemented in Edmonds for new affordable housing development. Further discounts or waivers would need to balance revenue needs and cost incentives. Additional discounts/waivers of impact fees may provide further incentives that improve the feasibility of new affordable housing development in Edmonds. This must be balanced, however, with the need for this revenue to support local infrastructure. No public funding required. As inclusionary zoning provides incentives through increased entitlements for development on a site, these projects do not require direct public investment or diversion of revenue from the City. Units built and managed by private developers. The units developed from inclusionary zoning are managed over the long term by private developers, and do not require intervention by the City. Reduces the cost to develop new affordable housing. Eliminating or reducing impact fees can reduce the costs to developers, which can help to boost the feasibility of affordable housing development. Expiration of program benefits. Under inclusionary zoning requirements, affordability requirements for units built under this program will expire after a specific period (typically longer than for MFTE programs). These could be retained as affordable units, but it would require additional expenditures by the City. Impacts of increased height and bulk of buildings. There are potential impacts to adjoining single-family neighborhoods due to bulk and shading from larger buildings. This can be mitigated using a transition zone or design standards. Not applicable for very low income households. This incentive is typically only feasible if the income -restricted units are targeted at 80 percent of AMI or above. Requiring units at lower affordability levels would reduce the economic feasibility and therefore lower the likelihood that a developer would choose to participate in the program. Reduced City revenue. Waiving impact fees can reduce revenue for the City that is typically earmarked for capital improvement programs, such as for parks and streets. This may also require the City to expend other funds directly to replace these fees (depending on the amount of the waiver). "Increase the Supply of Income -restricted Affordable Housing" continued on the next page 64 Packet Pg. 166 7.A.b Support community land trusts. Community land trusts (CLTs) are one way to enable stakeholders to get involved in the development of affordable housing through land ownership. This involves alternative ownership structures for land that can reduce costs for development. Expedite the permitting process for affordable housing. The City can choose to prioritize the processing of permits for affordable housing projects, which will reduce the time spent in the permitting process and the associated costs with holding the property. Provide historic tax credits. At the federal level, Low -Income Housing Tax Credits (LIHTC) can be used in conjunction with the Historic Tax Credit (HTC) to rehabilitate older buildings for use as low-income housing. At the local level, this can be supported through special assessments of the value of certain historic buildings after rehabilitation. Homestead Community Land Trust (Renton, Seattle, Tukwila). Homestead Community Land Trust is a local CLT with projects throughout King County, many of which involve the local city as a partner. Homebuyers typically have incomes from 60-80 percent AMI to qualify for the program. (link) Pierce County. Affordable housing projects for households with less than 80 percent of Pierce County median income can pursue an expedited permit process. Under this process, the permit is considered a priority for review by county departments, and a project manager from the Department of Planning and Land Services is assigned to coordinate the review process. (link) Seattle. Properties such as the Pacific Hotel and the Downtowner Hotel in the City of Seattle have been rehabilitated into affordable housing units through a combination of LIHTCs and HTCs. (link) Oriented to a range of possible housing types. CLTs can be employed in different situations where down payments or monthly mortgage payments are a significant obstacle to homeownership. As a result, this can include a range of owner -occupied housing types, including townhomes, duplexes, cottage housing, and single-family detached housing. Requires an assessment of potential sites for use. Although this could be appropriate for Edmonds, identifying appropriate sites for CLTs will require an evaluation of properties, including opportunities for donations of land in the community. Balance between permit processing times for different development types. Unless the permitting department is expanded, prioritizing one permit type leads to more delays for other permit types. This could result in making Edmonds a less desirable location for market -rate development. Applicable for developers. Tax credits under the HTC program are applicable for developers only. The City of Edmonds may have a role in promoting this program with developers, and providing support for applications. Additional research required for historic tax credits. Program criteria from the US Department of Housing and Urban Development indicates funds can only can be used for income -producing certified historic structures. Further research required to determine if there are any such structures that are appropriate to be used for affordable housing in Edmonds, but widespread use is unlikely. (link) Provides affordable homeownership. CLTs are a model to enable affordable home ownership for lower income households, and can reduce the down payments and monthly costs for households to access single-family housing units in the community. Viable as a long-term program. Re -selling households are often required to sell the home at resale -restricted and affordable price to another low-income household. This ensures the unit maintains permanent affordability. Reduces time and costs to build new affordable housing. Expediting these permits can reduce the amount of time this process will take for developers. This can also reduce associated costs with holding property and carrying financing. Provides an external source of fiscal support. Tax credits from the federal level can offset up to 20 percent of the costs of rehabilitating older buildings for affordable housing. Supports reuse of historic buildings in the community. In communities that have historic buildings available for reuse, these credits can be applied to repurpose these buildings to provide value for the community. DRAFT Land and capital required to begin a land trust. CLTs typically require donations of land and capital to the managing trust to start up projects. The availability of sites and funding may impact the feasibility of a trust to operate in Edmonds, but the City could serve in a coordinating role for this work. Focuses on owner -occupied housing. CLTs are focused on owner -occupied housing, and typically include single-family options for larger households. This model does not include income -restricted rental housing for lower -income households. Increases delays in processing other applications. Providing expedited services will delay other projects, potentially those that will contribute additional housing. Developers interviewed for this study expressed frustration with delays under the current system, and further delays could make the market less attractive for new market -rate housing. Supports building reuse only. Historic tax credits are not applicable to new development, only building reuse. Limited to historic buildings. These tax credits are allocated for rehabilitating certified historic buildings with a "substantial investment" for use as low-income housing. In the case of Edmonds, this tax credit would not be applicable to a wide range of sites. "Increase the Supply of Income -restricted Affordable Housing" continued on the next page N r R L IIr^ V! a� c .y 0 2 0 Lo 4- c 0 r 0 c m E E 0 U a� 65 Packet Pg. 167 7.A.b HOUSINGIEDMi 4. INCREASE THE SUPPLY OF INCOME -RESTRICTED AFFORDABLE HOUSING Support low-income housing tax credits. The federal government provides Low -Income Housing Tax Credits (LIHTC) for use in subsidizing affordable low-income housing projects through tax credits of up to approximately 9 percent of the amount of a building's qualified basis annually for 10 years. In Washington State, these tax credits are issued by the State Housing Finance Commission, which requires applications for prospective projects interested in receiving these credits. Waive or reduce building permit fees for affordable housing. Permit fees are charged by the City to cover the costs of reviewing and auditing building and development permits during the process of construction. These fees could be discounted or waived for affordable housing projects to reduce the associated costs to the developer and improve the feasibility of development. Establish linkage fees. Fee charged to developers for every square foot of new development. Funds used to pay for new affordable housing. Everett. Housing Hope Properties was approved for almost $1.4 million in tax credits for HopeWorks Station II, a 65-unit mixed -use affordable housing project for disadvantaged veterans, families, and youth that incorporates a 1,000-sf kitchen as a community meeting place and location for culinary training programs. (link) Renton. The Low -Income Housing Institute (LIHI) successfully applied for $984,979 in tax credits for Renton Commons, a 48-unit affordable housing building in downtown Renton. Half of the units in the building are reserved for households at 50 percent AMI or less, and half are reserved for households at 30 percent AMI or less. Everett. Fees for development permits may be waived at the discretion of the planning director if a landowner agrees to register a covenant on title to retain affordable units on the site for a 30-year period. (link) Kirkland. Development permit fees are waived in Kirkland for affordable units and the associated bonus market -rate units developed under inclusionary zoning requirements. (link) Seattle. The recently adopted Mandatory Housing Affordability (inclusionary zoning) legislation includes a "performance option" which charges a per square foot fee on all new commercial development in designated areas, with funds dedicated to affordable housing. Applicable for developers. Tax credits under the LIHTC program are applicable for developers only The City can provide support for applications and promote this program with developers. Fee waivers would need to balance revenue needs and cost incentives. Waivers of these fees may provide further incentives that improve the feasibility of new affordable housing development in Edmonds. However, waivers must be balanced with the need for this revenue to support staff resources to process permits, and the costs that would be distributed to other applicants. Additional research required. Evaluation could be informed by a comparison of developer cost burdens in Edmonds to other communities. Adopting a fee that is too high can be a disincentive to development when similar opportunities can be found in neighboring communities. Provides significant tax credits to support development or rehabilitation. Under the LIHTC program, up to around 9 percent of the amount of a building's qualified basis annually for 10 years, up to a present value of 70 percent of the building's qualified basis. A 4 percent annual credit up to 30 percent of present value is available for projects receiving federal subsidies or for rehabilitation. Support for special needs populations. Additional consideration is provided in the application for LIHTCs to projects that provide housing for the homeless, large households, the disabled, and the elderly. Support for specific types of projects. In addition to special needs populations, LIHTC applications favor projects in transit -oriented areas and areas at risk for market conversion, as well as projects involving donations, nonprofits, and public funding. Reduces cost to develop new affordable housing. Eliminating or reducing building permit fees can reduce the costs to developers, which can help to boost the feasibility of affordable housing development. New funding source for permanent affordable housing. Funds can be targeted to specific groups in need who aren't addressed by other tools. Applications and competitive review required. Tax credits under this program are issued by the Housing Finance Commission from a limited pool under a competitive process, and receiving credits under the program is not guaranteed. Potential for reduced City revenue. Waiving building permit fees will reduce the revenue received by the City specifically to offset the costs of permit review and processing. This would require the City to offset these losses with other sources of funding. Potential increases in other building permit fees. If the need for additional revenue from permit fees is passed to other applicants, this can increase the costs of other permits and reduce the feasibility of these types of development. Disincentive to development in Edmonds. Particularly if not implemented in neighboring communities. May reduce the production of new housing supply. "Increase the Supply of Income -restricted Affordable Housing" continued on the next page 66 Packet Pg. 168 7.A.b Develop mandatory inclusionary zoning. A requirement that all new development include a certain percentage of units that are affordable and rented to qualifying low- income households. Some programs provide the option of paying a fee instead of providing housing on site. Fees are then used by the City to fund affordable housing elsewhere. Apply for Washington State Housing Trust Fund grants. The Washington State Department of Commerce (DOC) administers a Housing Trust Fund (link), which can be used to support projects involving the construction, acquisition, and/or rehabilitation of affordable housing, preferably for households with special needs or incomes below 30 percent of the Area Median Income. Other expenses related to low-income housing may also be eligible. Apply for CDBG and other HUD grants. The US Community Development Block Grant (CDBG) program and other sources of grant funding are administered by the US Department of Housing and Urban Development (HUD). Edmonds is a member of an Urban County Consortium in Snohomish County which administers funds from HUD in partnership with cities through an interlocal agreement. These funds can be used to support rehabilitation and infrastructure development to support affordable housing. Redmond. Requires 10 percent of units to be affordable to an 80 percent AMI household. Applies to all new residential and mixed -use development in several neighborhoods. "ink Issaquah. The City of Issaquah provides both mandatory and voluntary programs, with the primary focus of the mandatory programs on 70 percent AMI households. link Seattle. The Mandatory Housing Affordability (MHA) program requires 5-11 percent of units in new multifamily buildings to be affordable, or payment of an in -lieu fee. (link Federal Way. The City requires 5 percent of rental units to be affordable at 80 percent AMI, with up to 10 percent additional market units permitted. link Communities across Washington State. Nonprofit housing providers across the region access Housing Trust Fund support for financing affordable housing projects. Snohomish County. Deadline for 2019 grant applications for public facilities and infrastructure projects is likely to be in fall 2018. Applications must be consistent with the 5-year consolidated plan, and the applicant can be a city or nonprofit. link Must be paired with upzone. Washington State law requires cities to implement a rezone allowing additional height or density when implementing mandatory inclusionary zoning. Additional research required. Research is necessary to determine appropriate affordability requirements that still incentivize market rate production while also providing affordable units. Funding uncertainty. For 2017, trust fund is unfunded by Washington State legislature due to failure to pass a Capital Budget. Future funding availability will be dependent on future Capital Budgets. Additional research required. Research is necessary to determine the competitiveness of a specific proposal from Edmonds. Generally, only for low-income areas. There are no Low -Income Housing Tax Credit qualifying census tracts in the City of Edmonds. Additional research would be required to determine if this makes Edmonds less competitive for all grant types. New affordable housing. Provides new affordable housing funded by developers, and thus requires no city investment. Mixed -income projects. The inclusion of affordable units in market -rate developments allows for a mix of incomes, providing better outcomes for families and children. State funding source for affordable housing projects. The Housing Trust Fund represents a state -level funding source available for housing projects. New funding source. These grants would provide an external source of funds for public facilities and infrastructure projects that support affordable housing. DRAFT Can be a disincentive to new development. Particularly if the requirements are set too high. This can paradoxically result in less new affordable housing than would be the case with lower requirements. Competitive process. An application under this process may not result in a successful grant. Focus of the grants. Priority for grants is given to projects with local government contributions and several other factors. Requires successful application. Funding from these grants is limited, and a competitive application is required to secure funds for specific projects or programs. "Increase the Supply of Income -restricted Affordable Housing" continued on the next page N r R L IIr^ V! a) c .y 0 2 c� L L0 4- c 0 r 0 c m E E 0 U a� 67 Packet Pg. 169 7.A.b 91MA1212J044 RM DRAFT EDMONDS HOUSING STRATEGY I JULY 201 8 Institute a City affordable housing levy. A City-wide affordable housing levy can be instituted as part of the local property tax. This levy is typically developed as an excess levy, and requires voter approval (with a 60 percent supermajority). Institute a City sales tax for affordable housing. The local sales tax can be increased to fund affordable housing programs serving households with income below 60 percent of the Area Median Income and within specific categories, including: individuals with mental illness, veterans, senior citizens, homeless families with children, unaccompanied homeless youth, persons with disabilities, or domestic violence victims. This increase must be approved by a ballot measure. Support employer -assisted housing programs. Employer -assisted housing programs typically involve housing support programs funded by major employers that provide financial and educational assistance to employees, typically to allow them to live within the community where they work. These programs may be co -sponsored or provided additional support by the City. Seattle. Housing levies have been approved in Seattle since 1981, with a median cost of $112 per year over 7 years. (link) King County. In 2017, King County voters passed a tax levy lift of $0.10 per $1000 for housing and human services needs of veterans, seniors and vulnerable populations. Bellingham. In 2012, Bellevue passed a 7-year levy combining a single -year levy lid lift with an affordable housing levy under RCW 84.52.105. link Ellensburg. In 2017 voters in Ellensburg, WA approved a 0.1 percent sales tax to support affordable housing projects. The tax passed with 61 percent in favor. link Resort communities. Employer -assisted housing programs are commonly found in resort communities where local housing costs far exceed that which is affordable to service workers, and housing access is necessary to support the local labor pool. Additional research required. Research is necessary to determine potential level of public and elected official support. A successful campaign would also require the support of community organizations and funders. Potential for future partnerships. Edmonds could also pursue a countywide levy in partnership with other cities and the county. Additional research required. Further research is necessary to determine potential level of public and elected official support. A successful campaign would also require the support of community organizations and funders. Potential partnerships. Edmonds could also pursue a countywide sales tax in partnership with other cities and the county. Requires a major employer partner. This tool has only limited potential unless a willing partner is identified in the city or surrounding area. New dedicated funds for affordable housing. Funds can be targeted to specific groups in need who aren't addressed by other tools. New dedicated funds for affordable housing. Funds can be targeted to specific groups in need who are not addressed by other tools. Addresses housing options for the local workforce. Affordable housing can meet the needs of the workforce for a major employer, and ensure that employees can live in the community where they work. Requires voter approval. Voter approval is necessary to raise property taxes through a housing levy. Increases tax burden. Local residents and property owners would need to pay additional taxes under this levy. Limited in scope. Increasing sales taxes beyond the maximum allowed under RCW 82.14.030 are typically allowed only for specific uses, such as chemical dependency or mental health treatment services. Housing subsidies would be limited to these specific categories. Can be repealed by referendum. Under the law, increases in sales taxes require a referendum to be upheld, and could be repealed by popular vote. Impact on the cost of living in the City. Sale taxes are regressive and can increase cost of living for low income households. Revenue reliability is tied to retail economy. As more residents buy products online, revenues from a sales tax can decline. Requires a major employer partner. This program requires a major employer or coalition of employers in the city as a partner to provide funding and/or other support for affordable housing programs. "Increase the Supply of Income -restricted Affordable Housing" continued on the next page 68 Packet Pg. 170 7.A.b Provide funding for affordable housing from the City General Fund. Another source of funding for affordable housing programs is through specific allocations from the General Fund in the City budget. While this does not represent a new funding source and may be subject to tradeoffs within the budget, this does not require tax increases or ballot measures. Contribute to down payment assistance programs. Some cities have down payment assistance programs to help first-time low- or moderate - income homebuyers. Such programs are typically run in coordination with local nonprofits and lending institutions. Local funding for government programs is typically drawn from the General Fund. Seattle. The Office of Housing works with nonprofit partner organizations to provide down payment assistance to first-time homebuyers at or below 80 percent of area median income. (link) Political focus. The recent move by City Council to ' New dedicated funds for affordable housing. allocate general funds for homelessness indicates Funds can be targeted to specific groups in need an openness to using funds for programs that that are not addressed by other tools. address housing needs. Regional coordination. The amount of funding from this tool is not likely to be significant compared to scale of need. In this case, contributing to a regional fund may be more effective. Best when preserving long-term affordability. Down payment assistance programs may be more effective when paired with CLTs or other tool that uses affordability covenants to ensure homes remain permanently affordable. (link) Supports moderate income households in purchasing their first home. Providing assistance with down payments addresses one of the main obstacles to homeownership, and can target demographics that may be excluded from the housing market. DRAFT Tradeoffs in budgeting. The use of general fund dollars requires a trade-off with funding other City priorities. Not viable for rental units. Low-income households or other households that are not seeking homeownership may not be directly supported with this program. 69 Packet Pg. 171 7.A.b 91"12124# Rn 04 DRAFT EDMi HOUSING STRATEGY I JULY 2018 Reduce barriers to tiny houses, boarding homes, and single room occupancy housing. These are forms of multi -tenant housing where residents occupy individual rooms and typically share bathrooms and/or kitchens. These are typically rented as permanent housing for low- income and formerly homeless individuals. Certain code requirements in Edmonds may be less applicable to this kind of housing. Modifications or relaxations of code requirements can help to reduce the costs of development, as well as the associated costs of housing for low- income and formerly homeless individuals. Pursue partnerships to develop winter shelter programs. Edmonds could work in partnership with nonprofits to develop emergency overnight shelter programs that operate during the winter months. Such programs can also help connect homeless individuals with services resources. Pursue partnerships to develop a housing first program. Edmonds could partner with nonprofits or regional partners to develop a housing first program that prioritizes providing permanent housing to people experiencing homelessness. Pursue partnerships to develop housing for veterans. Military veterans can experience post -traumatic stress, injury and other unique challenges as they return from duty and re -integrate into society. Edmonds could partner with nonprofits to help fund and develop new housing targeted towards veterans which may include case management services. Seattle. Othello Village is a City -authorized homeless encampment with 28 96-square foot tiny houses and 12 tent platforms. It is intended as a short-term housing solution for up to 100 people. Donations to LIHI fund the materials for the tiny houses, with construction mostly courtesy of volunteers. Seattle has five other similar encampments. These are permitted for 12 months with the option to renew for a second 12 months. (link) Multiple communities. Many communities have emergency winter shelters provided during extreme weather conditions. Snohomish County. According to the Snohomish County Homeless Prevention and Response System Strategic Plan, the County uses a housing first approach to quickly move people to permanent housing. (link) King County. In 2017, King County voters passed a tax levy lift of $0.10 per $1,000 for housing and human services needs of veterans, seniors and vulnerable populations. Additional research needed. The City will need to determine there are any current legal or development code barriers that would prevent tiny house villages. Similar analysis would be needed to evaluate whether there are barriers to more permanent structures such as SROs or boarding houses. Appropriate locations would need to be identified. One option is underutilized parking lots owned by the City or a willing community partner such as a church. Edmonds currently has one winter shelter program. We All Belong is currently located at the Edmonds Senior Center near the ferry terminal. It opens for night where the temperature drops below 34 degrees. Outreach to this shelter could help inform level of demand and need for additional capacity. (link) Requires the availability of permanent housing. For a housing first program to work, housing units appropriate for persons transitioning from homelessness must be available. Therefore, this tool may be best pursued as a regional strategy in partnership with the County Office of Community & Homeless Services or nonprofit developers of permanent housing for individuals and families transitioning out of homelessness. Requires a partner seeking to develop a facility in Edmonds. Census data and the Snohomish County PIT report indicates there aren't likely to be a lot of veterans in Edmonds that suffer from poverty or housing instability. Provides short-term housing that is inexpensive to build. Tiny houses can be rapidly and inexpensively built when sufficient long-term affordable housing is not available. Provides emergency shelter options in the community. Winter shelter programs provide a warm place to sleep when temperatures are dangerously low, and potentially connecting homeless individuals and families with resources Housing stability. The purpose of these programs is to provide stability and attend to necessities like food and shelter without preconditions such as sobriety, treatment, or service participation requirements. Provides options for additional support. New affordable housing designed to meet the unique needs of veterans can access programs and Neighborhood opposition. Community outreach would be required to hear and address concerns of nearby neighbors. While Seattle's camps have been controversial, the City has succeeded in generating some community support in nearby neighborhoods. Temporary housing option only. Tiny houses do not provide adequate long-term housing options for formerly homeless individuals and families. Does not provide long-term housing stability. Limited long-term benefits for people suffering from homelessness and housing instability, although winter shelters can be an opportunity to connect homeless persons with services and permanent housing opportunities. Additional research is needed. Research is necessary to determine what kinds of partnerships would be most effective and what role(s) the City can play. Limited impact on overall housing issues. The needs assessment for the City indicates that there is not a sizeable number of veterans in Edmonds funding sources specifically for these households. I who are challenged by poverty or homelessness. "Participate in South Snohomish County Strategies to Reduce Homelessness" continued on the next page 70 Packet Pg. 172 7.A.b Pursue coordination of housing and social service assistance programs. Many factors can contribute to homelessness and housing instability. These can include poverty, illness, domestic violence, mental health, and addiction. Edmonds can explore ways to address these root causes of homelessness through support for and coordination with social service providers. Snohomish County. According to the Snohomish County Homeless Prevention and Response System Strategic Plan "The homeless housing and service system, which uses a low -barrier and housing first approach to quickly move individuals and families to permanent housing consists of: outreach services, Coordinated Entry and navigation services, homelessness prevention, emergency shelter, transitional housing, rapid rehousing, permanent supportive housing, and other permanent housing" link) Identify appropriate role for the City. If Edmonds decides to develop more homeless housing in the city, it can play a role in making sure it is integrated in the county's coordinated homeless housing and service system. Connecting services to households in need. Providing coordinating services can ensure that residents are connected with appropriate services from different agencies, presenting a "one -stop" solution for accessing these services in the community. DRAFT Institutional capacity in Edmonds. The City of Edmonds does not currently manage housing or social service assistance programs as part of municipal operations. Coordinating assistance programs would require partnerships with public housing agencies or other nonprofits. 71 Packet Pg. 173 7.A.b 91MAIIIIJ044 RM DRAFT EDMONDS HOUSING STRATEGY I JULY 201 8 Create requirements to provide fair housing information. An ordinance which requires property managers to provide information to all tenants regarding tenant rights and property manager responsibilities under federal fair housing law. Create anti -discrimination requirements for tenants. Ordinances intended to prevent the discrimination of prospective tenants based on source of income, race, ability, or other factors. city must provide state and city landlord/tenant regulations as addenda to the lease, as well as voter registration information. link Seattle. A Source of Income Protection Ordinance prohibits discrimination against renters who use subsidies or alternative sources of income, among other requirements. Landlords must accept first qualified applicant. link Provide rental housing inspection programs. Seattle. A Rental Registration & Inspection An ordinance or program intended to educate property owners, managers, and renters about City housing codes. It may also include requirements for owners to register all rental units and verify their property meets standards. Develop a tenant relocation assistance program. An ordinance or program that provides financial assistance and/or services to households that are physically displaced due to redevelopment or renovation of their rental unit. Ordinance helps ensure rental units are safe and meet basic housing maintenance requirements. link Seattle. A Tenant Relocation Assistance Ordinance (TRAO) aids low income (below 50 percent AMI) households displaced due to demolition or renovation of their rental unit. Half of the cost is paid by the property owner and half paid by the city. link .-.......uv.c�.­­—..--.0 1-1IUI I o UI—I may be required to determine if discrimination (particularly against households using vouchers) is a significant problem in Edmonds. Additional research required. Additional research would be required to determine if discrimination (particularly against households using vouchers) is a significant problem in Edmonds. Controversial application in other communities. Seattle's requirement for landlord to accept first qualified applicant has been controversial. However, without this requirement it is difficult to enforce fair housing laws. Additional research required. Additional research would be required to determine if significant portions of Edmonds' rental housing stock present unsafe or unhealthy conditions for tenants. Range of options for tenant education and assistance. There are many ways to crafts ordinances to help educate tenants of their rights and prevent property owners from exploiting loopholes. Additional research required. Additional research would be required to assess whether there are many building with renter households that are at risk of demolition and redevelopment. Potential to expand to include economic displacement. City Council members in Seattle have proposed expanding their program to include economic displacement due to rising rents. Promotes educated tenants that are aware of their rights. If successful, could aid with the education of and outreach to tenants who may be at risk of discrimination. Not linked with housing affordability. Does not help to make rental housing more affordable. Challenges to enforcement. Enforcing the requirement could be difficult, and it does not ensure that property managers abide by fair housing laws. Increases access to affordable housing by Additional costs to the City. Developing and voucher users. Could provide significant benefits administering a program would be an additional to low-income households who use vouchers to cost to the city. subsidize rents. Reduces potential discrimination in the housing market. Could help reduce other forms of housing discrimination that may exist in Edmonds. Promotes healthy and safe rental units. Helps to ensure that rental units in Edmonds are safe and/ or healthy to live in. Assists with members of the community displaced by rising rents. This program can help current renters who are displaced during times of rapid redevelopment. Financial assistance can relieve some of the financial burdens of moving and move -in costs. Not linked with housing affordability. Does not help to make rental housing more affordable. Additional costs to the City. Developing and administering a program would be an additional cost to the city. Not linked with housing affordability. Does not help to make rental housing more affordable. Households may relocate outside Edmonds. These programs do not provide any assurance the renters will find housing that is affordable or will choose to remain in Edmonds. Increase in costs to developers. Requiring developers to pay for relocation provides a small disincentive to redevelopment and therefore could, potentially, reduce new housing production. "Provide Protections for Low-income Tenants" continued on the next page 72 Packet Pg. 174 7.A.b Support third -party purchases of existing affordable housing for long-term preservation. Units in older, more affordable apartment buildings may be at risk of loss due to redevelopment, renovation, or expiration of affordability requirements as rents continue to rise. The City could provide funds to a nonprofit to purchase for long-term preservation. Assist property owners with improvements in return for affordability covenant. Owners of rental housing that is currently priced for lower income tenants can face a tradeoff between raising rents and making needed improvements, or selling the property due to inability to finance needed repairs. The city could create a program to provide low cost rehab loans in exchange for an affordability covenant. Seattle. The City of Seattle uses Housing Levy funds for housing preservation with a required minimum affordability period of 50 years. (link) Seattle. Assistance for renovations in exchange for affordability covenants has been proposed in Seattle's HALA Report as one option for encouraging affordable housing. (link) Additional research. Further research would be required to determine if there are known properties in Edmonds that would be good candidates for such a program. Additional research. Further research would be required to determine if there are known properties in Edmonds that would be good candidates for such a program. Promotes preservation of existing affordable housing. Third -party purchases can ensure the long-term affordability of existing low-cost housing units in Edmonds that are at risk of loss or price increase. Cost-effective approach to maintain existing affordable housing. Renovating existing housing stock can be more cost-effective than building new affordable housing. This can ensure the long- term affordability of existing low-cost housing units in Edmonds that are at risk of loss or price increase. DRAFT Does not increase the housing supply. This program is directed to rental housing renovations only, and does not increase the number of units on the market. Does not provide net new affordable housing. This program provides an opportunity to preserve existing low-income housing, but does not provide new units. Does not increase the housing supply. This program is directed to rental housing renovations only, and does not increase the number of units on the market. Does not provide net new affordable housing. This program provides an opportunity to preserve existing low-income housing, but does not provide new units. 73 Packet Pg. 175 9.A Planning Board Agenda Item Meeting Date: 07/11/2018 Review Planning Board Extended Agenda Staff Lead: N/A Department: Planning Division Prepared By: Diane Cunningham Background/History N/A Staff Recommendation N/A Narrative The Board's current extended agenda is attached. Attachments: 07-11-2018 PB Extended Agenda Packet Pg. 176 of EbAf U� O�6 9.A.a Items and Dates are subject to change PUNKNO BOARD M/p, Extended July 6, 2018 Meeting Item JULY 2018 July 11 1. Public Hearing on Critical Area Update 2. Discussion on Draft Housing Strategy July 25 1. SMP Periodic Review 2. Public Hearing on Rezone from RS-8 to RM-1.5 (File No.PLN20160044) 3. Public Hearing on Code Update for Permit Decision Making AUGUST 2018 August 8 1. August 22 1. SMP periodic Review SEPTEMBER 2018 September 12 1. September 26 1. OCTOBER 2018 October 10 1. October 24 1. NOVEMBER 2018 November 14 1. November 28 1. r a Packet Pg. 177 9.A.a Items and Dates are subject to change Pending 1. Community Development Code Re -Organization 2018 2. Neighborhood Center Plans and zoning implementation, including: ✓ Five Corners 3. Further Highway 99 Implementation, including: ✓ Potential for "urban center" or transit -oriented design/development strategies ✓ Parking standards 4. Exploration of incentive zoning and incentives for sustainable development Current Priorities 1. Neighborhood Center Plans & implementation. 2. Highway 99 Implementation. Recurring 1. Annual Adult Entertainment Report (January -February as necessary) Topics 2. Election of Officers (Vt meeting in December) 3. Parks & Recreation Department Quarterly Report (January, April, July, October) 4. Quarterly report on wireless facilities code updates (as necessary) Packet Pg. 178