Ordinance 4209ORDINANCE NO.4209
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 18.70 ECDC,
ENTITLED "STREET USE AND ENCROACHMENT
PERMITS," TO ALLOW "STREATERIES" FOR DINING IN
THE PUBLIC RIGHT-OF-WAY, DECLARING AN
EMERGENCY NECESSITATING IMMEDIATE ADOPTION
AND EFFECTIVENESS OF THIS ORDINANCE
WHREAS, COVID-19 has created significant impacts to people's health and well-being,
which includes not only immediate physical health, but economic health; and
WHEREAS, Washington's Governor has been proactive in trying to responsibly address
coronavirus issues and some of his actions have included orders to close or partially close
businesses where COVID-19 transmission has the most risk; and
WHEREAS, in Edmonds, food and beverage services, such as restaurants, have been
especially impacted by full and partial closures; and
WHEREAS, COVID-related restrictions on restaurants and similar businesses have limited
or prohibited indoor dining during much of the year; and
WHEREAS, even without a state order, many people that want to eat at a restaurant would
prefer to do so in an outdoor environment, rather than indoors; and
WHEREAS, in August 2020, the City issued a special event permit to allow outdoor dining
in designated vehicle parking spaces within the public right-of-way until October 11, 2020, and
said permit was extended until November 8, 2020, and then again, until December 31, 2020 or the
effective date of a Council -adopted ordinance for streateries, whichever comes sooner; and
WHEREAS, City staff has worked to develop amendments to the Edmonds Community
Development Code that would allow outdoor dining in designated parking spaces in the public
right-of-way (i.e., "streateries") through an individual permitting process and more specific
standards; and
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WHEREAS, the concepts for amending the code to allow streateries were presented in a
November 12, 2020 meeting of the City Council's Public Safety, Planning, and Personnel
Committee and subsequently presented in a November 24, 2020 meeting of the City Council; and
WHEREAS, the concepts for streateries have been incorporated into a set of amendments
to Chapter 18.70 of the Edmonds Community Development Code; and
WHEREAS, a sunset clause on the effectiveness of these provisions has been included in
the code amendments because these provisions are not currently intended to be permanent, but
rather, are primarily intended to mitigate the impacts of COVID-19; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Chapter 18.70 of the Edmonds Community Development Code, entitled "Street
Use and Encroachment Permits," is hereby amended to read as set forth in Exhibit A, which is
attached hereto and incorporated herein by this reference as if set forth in full (new text is shown
in underline; deleted text is shown in strike through).
Section 2. Emergency Declaration. The city council hereby declares that an emergency
exists necessitating that this ordinance take effect immediately upon passage by a majority vote
plus one of the whole membership of the council (RCW 35A.12.130), and that the same is not
subject to a referendum. Without an immediate adoption of this interim zoning ordinance,
streateries would need to continue to operate under a special event permit, but that permit was
supposed to expire on December 31, 2020. Any uncertainty in the ability of the city's restaurants
to continue offering streatery-dining could further jeopardize an already struggling restaurant
industry. Therefore, this ordinance should be imposed as an emergency measure to protect the
public health, safety and welfare by staving off restaurant failures and creating program so that
Edmonds citizens will have safer places to dine for the remainder of the COVID-19 pandemic.
Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
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Section 4. Effective Date. This ordinance shall take effect and be in full force and effect
immediately upon passage, as set forth in Section 2, as long as it is approved by a majority plus
one of the entire membership of the council, as required by RCW 35A.12.130. If it is not adopted
by a majority plus one of the entire membership of the council, then the language declaring an
emergency shall be disregarded, in which case, this ordinance, being an exercise of a power
specifically delegated to the City legislative body, is not subject to referendum and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the title.
APPROVED:
MOOR MIKE NELSON
ATTEST/AUTHENTICATED:
r
C CLERK, SCOT ASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY �
FILED WITH THE CITY CLERK: December 11, 2020
PASSED BY THE CITY COUNCIL: December 15, 2020
PUBLISHED: December 18, 2020
EFFECTIVE DATE: December 23, 2020
ORDINANCE NO. 4209
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SUMMARY OF ORDINANCE NO.4209
of the City of Edmonds, Washington
On the 15th day of December, 2020, the City Council of the City of Edmonds, passed
Ordinance No. 4209. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 18.70 ECDC,
ENTITLED "STREET USE AND ENCROACHMENT
PERMITS," TO ALLOW "STREATERIES" FOR DINING
IN THE PUBLIC RIGHT-OF-WAY, DECLARING AN
EMERGENCY NECESSITATING IMMEDIATE
ADOPTION AND EFFECTIVENESS OF THIS
ORDINANCE
The full text of this Ordinance will be mailed upon request.
DATED this 15th day of December, 2020.
CI ERK, SCOTT PAS Y
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Exhibit A
Chapter 18.70
STREET USE AND ENCROACHMENT PERMITS
Sections:
18.70.000 Permits required.
18.70.010 Exemptions.
18.70.020 Applications.
18.70.030 Review.
18.70.040 Revocation.
18.70.050 Fees.
18.70.000 Permits required.
No person shall use or encroach upon any public place without obtaining a permit from the development
services director or city engineer.
A. Encroachment Permit. An encroachment permit is required to encroach upon any portion of city public
space, right-of-way or easement area with permanent structures. "To encroach" means to construct, erect or
maintain in, over or under any public place, right-of-way, easement, roadway, parking strip and/or
sidewalk, including the airspace above them, any structures permanent in nature, including but not limited
to building extension, marquee, fence, retaining wall, artwork, or any other building or structure.
B. Street Use Permit. A street use permit is required to use any portion of public space or city right-of-way
for objects which are temporary in nature.
1. To "use" means to place or maintain in, over or under any public place, right-of-way, roadway,
parking strip and/or sidewalk, including the air space above them, any temporary or movable object.
2. "Temporary in nature," in reference to street use permits, means not having or requiring permanent
attachment to the ground, or involving structures which have no required permanent attachment to the
ground.
3. "Temporary object" for the purposes of this chapter refers to all objects placed in the right-of-way
that are temporary in nature including but not limited to chairs, tables, planters, sandwich boards,
benches, stanchions, platforms, rope, and fencing.
None of the above definitions shall be interpreted to prohibit the parking of a properly licensed vehicle
within the parking strip adjacent to their property line of sight, and street plantings, except as otherwise
provided in ECDC 18.70.030.C.6.
18.70.020 Applications.
Applications for street use or encroachment permits shall contain, in addition to the information required
under any other applicable city code, the following information:
A. Street Use Permit.
1. Architectural design board approval, when applicable.
2. Complete application requirements for Edmonds arts commission, when applicable.
3. Certificate of insurance.
4. Complete street use or streatery permit application.
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B. Encroachment Permit.
1. Critical areas determination, when applicable.
2. Complete application requirements for Edmonds arts commission, when applicable.
3. Architectural design board approval, when applicable.
4. Partial site plan, to be recorded with Snohomish County, clearly showing proposed encroachment,
private property lines, all existing structures and driveways, easements and/or public property
(developed or undeveloped).
5. Legal description, including copies of all recorded easements on the property.
6. Elevation view or side view of the proposed encroachment.
7. Ownership. Evidence showing the applicant to be the agent record owner of the property
immediately adjoining the public place or right-of-way. An application to place artwork in the public
right-of-way will be exempt from this requirement.
8. Certificate of insurance.
9. Complete encroachment permit application.
10. Complete encroachment agreement, to be recorded with Snohomish County.
C. Such other information as the city engineer or designee of the development services director shall
require.
D. The encroachment agreement shall require prompt removal of the encroachment by the applicant at
his/her/its expense upon reasonable demand by the city engineer and be legally adequate for recording in
the land records of Snohomish County and the chain of title of the applicant's property. Such encroachment
agreements may be executed as acknowledged on behalf of the city by the city engineer and recorded by
the city clerk following approval as to form by the city attorney.
18.70.030 Review.
A. Architectural Design Board. Any application for a permit to construct, erect or maintain an awning,
marquee, sign or any structure in a public place, except as otherwise allowed in ECDC 18.70.030.C, may
be referred by the development services director or his/her designee to the architectural design board. If
referred to the board, the board shall review the plans and specifications as they relate to Chapter 20.10
ECDC.
Applications for mobile street vending units shall be reviewed in accordance with ECC 4.12.055 by the
architectural design board.
B. Edmonds Arts Commission. Applications for an encroachment permit or a street use permit to install art
in the public right-of-way shall be subject to the review and recommendation of the Edmonds arts
commission. No art shall be permitted in the public right-of-way except as expressly permitted herein.
Artwork that is reviewed under an encroachment permit shall be exempt of the requirements of ECDC
18.70.020(B)(5), (6), (7) and (10).
1. The terms "art" or "artwork" as used in this section shall refer only to a work of visual art existing
in a single copy or in multiple copies of 200 or fewer that are consecutively numbered by the author
and bear the signature or other identifying mark of the author.
2. The terms "art" or artwork" do not include:
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a. Any poster, map, globe, chart, technical drawing, diagram, model, applied art, motion picture
or other audiovisual work, book, magazine, newspaper, periodical, database, electronic
information service, electronic publication, or similar publication;
b. Any merchandising item or advertising, promotional, descriptive, covering, or packaging
material or container;
c. Architectural details such as masonry, ironwork, or other building fixtures or materials;
d. Any portion or part of any item described in subsection (A), (B) or (C) of this section;
e. Any work not subject to copyright protection under the Visual Artists Rights Act, as codified
under federal copyright law, U.S.C. Title 17, as the same exists or is hereafter amended.
3. An encroachment permit or street use permit requires determination of public benefit. The Edmonds
arts commission (EAC) is mandated in Chapter 10.20 ECC to advise the city on matters pertaining to
art. When the proposed encroachment or street use is art, EAC will review and make written
recommendations to the community services director and city engineer for use and consideration in
permit issuance. (See subsection (C) of this section.)
4. The public right-of-way is a traditional forum for public expression. By this permit program the city
acknowledges that it is approving uses in a limited public forum. Art, like other exercises of First
Amendment rights, may be limited by reasonable time, place and manner restrictions. In this case,
these criteria will be utilized to protect the safety of the public who use the right-of-way for pedestrian
or vehicular traffic and to ensure that the city provides for accessibility for the disabled. No
recommendation or denial shall be based upon the content or message expressed by an artist or in a
work of art as long as there is no commercial content. Applicants are encouraged to coordinate their
artwork with the design of the building and the historic and pedestrian -oriented character of the
downtown area.
5. Specific submission requirements for EAC review include, but are not limited to:
a. Site plan sketch showing locations of artwork;
b. Minimum one -quarter -inch scale rendering of the art concept or art component, including at
least one elevation showing the art in context or comparable photographs of actual artwork in
context;
c. Material/color samples;
d. Model (optional);
e. Written proposal: seven copies of a written proposal in eight and one-half by 11-inch format to
include:
i. A description and summary of a final design proposal for the artwork for the proposed
project;
ii. Detailed maintenance requirements;
iii. Schedule for development, fabrication, and completion;
iv. Artists' resume/background;
v. Evidence of assumption of liability by applicant or designee.
For proposal to be reviewed at next scheduled EAC meeting, a complete submission of all
requirements must be received a minimum of 10 days prior to the date of the meeting.
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Additional requirements may be requested based on staff input or information sought by EAC
members.
6. Review Criteria. Art in public places may be art standing alone, modifiers or definers of space,
functional, or used to establish identity. The use of art as an integral part of the structure and function
of building is encouraged, e.g., the interpretation of light fixtures, benches, hardware, doors, surface
finishes, walkways, gates, and other features with the artwork or as a part of the artwork, although
only some of these elements would occur in the public right-of-way.
The criteria for review of encroachment or street use review artwork submissions are as follows:
a. Constructability of proposed artwork. No artwork shall impair disabled accessibility and
barrier -free design requirements.
b. Artist's credentials and recognition.
c. Durability and craftsmanship in fabrication and production quality. Quality of the work is a
high priority.
d. Due consideration shall be given to the structural and surface soundness of artworks and to
their permanence, including ability to withstand age, theft, vandalism, weathering, and
maintenance and possible related repair costs. Careful consideration shall be given to the
materials used and the appropriateness of those materials for the conditions of the site.
e. Coordination of the artwork with the design of the building and the historic and pedestrian -
oriented character of the downtown area is encouraged.
f. Maintenance/conservation plan.
g. Relationship to other existing artwork in vicinity.
h. No Commercial Content. Artwork shall not be used as signage (see definition of signage).
C. Issuance by the Development Services Director or City Engineer. The development services director,
city engineer or their respective designee may administratively, without hearing, approve a street use or
encroachment permit if:
1. The proposed use shall not interfere with vehicular or pedestrian traffic, including but not limited to
the following requirements:
a. No portion of the public right-of-way designed and intended for vehicular traffic or parking
shall be permanently occupied, except to the extent allowed under ECDC 18.70.30.C.6.
b. Requirements of the State Building Code, including but not limited to all provisions relating to
disabled accessibility and barrier -free design requirements shall be met;
c. Any mobile vending units shall be properly licensed pursuant to Chapter 4.12 ECC;
d. Permit application fees have been paid (see ECDC 18.70.050);
e. A "clear zone" must be maintained on public sidewalks or walkways. A clear zone refers to an
area seven feet in height and five feet in width providing a level, safe walking surface along the
public sidewalk. Clear zone on sidewalks shall not include any curbing, planting strips or ramps.
For tables and chairs placed in the public right-of-way, the clear zone can be reduced to four feet
in width in front of obstacles (trees, street lights, sign posts, etc.);
f. All temporary objects shall be removed from the right-of-way on 24 hours' notice to
accommodate public events. Temporary objects are subject to removal in the event of an
emergency; and
g. All temporary objects, excluding approved awnings, -ark wall signs, and permitted streateries,
that project more than 36 inches into the right-of-way shall be removed each day at the close of
business.
2. Exclusive Bistfa and Ou4 Sidewalk Dining. In an effort to enhance street life of the city and
serve both an economic development purpose as well as enhance the livability of the city's urban core,
exclusive bistre and et4deer sidewalk dining shall be allowed pursuant to ECDC 17.70.040.
a. For purposes of this section the following terms are defined as:
i. "Exclusive sidewalk dining" shall refer to a properly zoned and licensed
food or beverage service establishment that uses the public right-of-way to serve only its
customers at the exclusion of the general public.
ii. "Barrier" shall refer to any temporary object or objects (e.g., stanchion, rope, feneing,
planters, markers) used to establish an exclusive bistro and outdoor dining area. Barriers shall
be approved by the city engineer.
b. All conditions and requirements set forth in this chapter have been met and adequate
compensation for the exclusive use of the public right-of-way and applicant fees pursuant to
ECDC 18.70.050 have been paid.
c. All barriers, with the exception of markers and marking, shall be removed each day from the
right-of-way at the close of business.
d. The design and use shall comply with all requirements of state law, city ordinance and city
policy including but not limited to:
i. Washington State Liquor and Cannabis Eentte Board (WSLCB) and Snohomish County
health division (SCHD). When applicable, the business shall provide a written approval from
the WSLCB and/or SCHD for use of public rights -of -way;
ii. ECDC 17.70.040, Bistro and otud Exclusive sidewalk dining; and
iii. All litter and nuisance regulations, including but not limited to RCW 70.93.060 and
Chapter 6.40 ECC.
3. The design board has reviewed and approved any proposal which includes a request to construct,
erect or maintain an awning, building, sign or any building or structure, except as otherwise allowed in
ECDC 18.70.030.C;
4. The proposal will not unreasonably interfere with the rights of the public; and
5. The proposal (if for an encroachment permit) either benefits the public interest, safety or
convenience (e.g., supports or protects the city street, reduces pedestrian hazards) or is an accessory
structure such as a fence normally associated with residential use of the property and fully complies
with the requirements of subsections (13)(1) through (3) of this section.
6. Streateries. Streatery means a type of parklet located within the public right of way, typically in a
vehicle parking space, that has been designed to allow for food and beverage services. To provide rgreater
opportunities for outdoor dining and beverage service. streateries may be permitted. subiect to the
following requirements:
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a. A streatery may be permitted as a type of street use in the parking lane of any public street on a
block where retail or restaurant use is located.
b. The business applying for the streatery is herein after referred to as the Permittee.
c. Streateries must meet applicable city and state statutes, including for fire, electrical, and building
safety, as well as for liquor service and other applicable agency requirements.
d. Streateries must be operated in a manner that complies with orders from the state health
department or governor related to coronavirus protection and with health district standards for
food and beverage service or with this chapter, whichever is stricter.
e. A complete street use permit application for a streatery shall be submitted to the city on a form
provided by the development services department. City review of any streatery application will be
completed in a timely manner and include opportunity for review by engineering, building, and
fire staff. A street use permit for the streatery may be issued with any conditions as necessary
Field inspection will follow.
f. Any streatery in existence on December 1, 2020 under a special event permit may continue such
use until January 17, 2021, provided that a street use permit for the streatery is applied for by
January 11, 2021 and the City determines that the streatery meets or can meet the requirements of
this section and issues a permit for it, with any conditions.
g. Timingand nd expiration.
i. The streatery shall be permitted for a period of no more than one year, provided that the
permit may be extended in three- to six-month increments.
ii. If the streatery has been cited with more than three violations of the city code within a
12-month period, its permit may be expired without allowance for extension.
iii. After the streatery has begun operating or within 30 days of street use permit approval,
whichever is first, if the streatery is not used by the applicant for at least 15 days of any
30-dayperiod, the City may expire the permit in order to avoid leaving the parkin space
pace
unavailable for use. A notice of potential expiration shall be provided by the City to the
permittee at least ten days in advance of any expiration taking effect.
h. Number of allowed streateries. In the BD zone, after the first 20 streateries have been approved,
no more streatery permits shall be accepted by the City unless the permit is to replace an existing
streatery or this section is amended to allow additional streateries. A business is allowed to have
no more than one streaterypermit.
i. Location.
i. A streatery must be located fully or partially adjacent to the business that it serves,
provided that if the business is not adjacent to one or more suitable parking spaces,
another business or property owner may give its written concurrence for the parking
space in front of it to be used for a streatery,
ii. All streatery use shall be entirely within the approved space(s) and shall not extend into
the travel lane of the public right-of-way_
iii. Streateries shall not be located in ADA narkina stalls. in front of fire hvdrants or bus
stops, or over the top of city storm catch basins.
iv. The maximum length of a streatery is two vehicle parking spaces. For corner locations,
the two spaces may be comprised of one parking space on each of the adjacent
intersectingstreets.
V. No more than two streateries shall be located next to each other.
vi. Where only one parking space exists between two streateries on a block face, each of the
two streateries must be set back at least one foot from the intervening parkin sg space.
j. Other site requirements.
i. A streatery must be located on an ADA-accessible raised platform that is flush with the
sidewalk and has no more than a'h- inch horizontal ggp between the sidewalk and
platform. The platform must be ADA-accessible from the public sidewalk and, upon
entering the streatery, a wheelchair -user must be able to access at least one seat at a table
on the platform. Exception: A streatery may be allowed without a platform if the
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business has other open-air dining that is ADA- compliant and available for customer
use.
ii. Each streatery must be protected at its end(s) from any adjacent vehicle parking space by
a water -filled jersey barrier, substantial planter at least 30 inches high, or other approved
barrier. The preferred color for a jersey barrier is white. Each barrier must include
adequate lighting or reflective markings, as approved by the city engineer, for night-time
visibility to drivers.
iii. Screening shall be located on the streatery side that is adjacent to and parallel with the
traffic lane. Such screening shall be at least 30 inches high and primarily consist of (a)
lattice, picket, or solid fencing; (b) fabric or membrane material; or (c) containerized
plantings where the container is at least 30 inches in height. Above 36 inches in height,
any screening from the traffic lane will have views into and out of the streatery. An
applicant may propose a different material that provides both external views and a sense
of separation, subject to approval by the building official. Reflecting markings or
lighting as approved by the city engineer, are required along the traffic side for night-
time visibility to drivers.
iv. All tents, canopies, fabric screens, and umbrellas are subject to approval by the building
official for any structural requirements and by the fire marshal for flame-retardance.
Tents and canopies must be fully open to the air on at least one side. If the open side is
less than 8 linear feet, a second side must have ventilation.
V. Tents, canopies, awnings, fabric screens, and umbrellas that are documented as being
purchased by the applicant prior to January 1, 2021, may be of any color. Otherwise, the
color of said items shall be primarily, yellow, white, or red, or any combination of those
colors. Material that is transparent may also be acceptable.
vi. Fuel -burning heaters and open flames, such as candles, torches and fire pits, are not
allowed within 3 feet of any fabric (including tents and canopies) unless approved by the
fire marshal.
k. Signage. A streatery shall have no more than one sign. The allowed sign does not need a separate
permit but must be no more than eighteen inches in length and eight inches in height and must not
be internally lit nor have components that wave or otherwise appear to move. The sign shall not be
placed on the longest side of the streatery fig traffic and shall not be attached to the ground. It
may be attached to or part of a streatery component but cannot interfere with traffic or sight
visibility.
1. Maintenance. The permittee is responsible for maintenance of all streateromponents, including
surface and furniture cleaning and keeping the area underneath and adjacent to the streatery free of
obstruction so that stormwater can flow freely at the curb.
m. Insurance. Insurance is required, per ECDC 18.70.030.G.
n. Installation and removal. The permittee is responsible for providing and installing all components
of the streatery and for removing the components when the permit has expired. The City may also
remove or require removal of the streatery as needed to deal with emergency conditions or
infrastructure repair.
o. City staff may provide additional details or guidance for applicants to implement this section,
consistent with direction from the city engineer and the development services director or their
respective designees.
gip. This section shall sunset on December 31, 2021, unless the effective date is changed by action of
the City Council.
D. Bay Windows, Decks, and Related Architectural Features. In an effort to allow for more creative
designs and a better overall appearance in the downtown area, bay windows, decks, and related
architectural features may encroach into the public right-of-way within the central business district or any
other zone in which no setback from the lot line is required, subject to the following requirements:
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1. All conditions and requirements set forth in this chapter have been met and adequate compensation
has been paid;
2. The encroachment shall not occur over alleys;
3. The building encroachment shall not project more than two feet (24 inches) into the right-of-way;
4. The encroachment shall not exceed 30 percent of the length of the facade on any one side of the
building;
5. The encroachment shall provide for a minimum clearance height of eight feet over any pedestrian
right-of-way and a minimum clearance height of 11 feet over any vehicular right-of-way, whichever is
greater;
6. The encroachment shall be approved by the architectural design board as contributing to a
modulated facade design which enhances the variation and appearance to the public of the overall
building design and public streetscape.
E. Appeal. The decision of the development services director, city engineer, or their respective designees
may be appealed to the hearing examiner as a Type II proceeding under the procedures set forth in Chapter
20.06 ECDC; provided, however, that the establishment of compensation for use of the public right-of-way
is a legislative decision of the city council and is not subject to judicial review.
F. Awnings and Canopies. Consistent with ECDC 22.43.040, awnings and canopies, whether architectural
or temporary, excludingthose hose permitted under ECDC 18.70.030.C.6, may encroach into the public right of
way within the central business district or any other zone in which no setback from the lot line is required,
subject to the following_
1. The awning or canon shall hall provide a minimum clearance height of 8 feet above the walking
surface, not to exceed 15 feet at its highest point.
2. Awning and canopy projection over the right of way shall be determined as follows, provided
that no awning or canon shall hall project within two feet of the street curb (measured from the
back of curb):
Sidewalk Width Minimum Projection
Less than 8 feet 5 feet
8 feet or greater 6 feet
3. Awning and canopies shall not be constructed at a location or in a manner that will obstruct,
obsure, or interfere with any streetlight, flower pole, utility pole or appurtenance, street tree,
or an.. transportation -related sign, signal, or traffic control device.
4. All awning and canopy designs shall meet the above criteria, unless otherwise approved by
the city engineer.
PG. Insurance Requirement. When the application is for use or encroachment onto a public right-of-way
including but not limited to streets, roads, alleys, trails, sidewalks, bike paths, pedestrian easements, and
any other easement intended for the use of the public, the applicant who operates a business or commercial
operation shall be required to provide and continually maintain during the term of the permit a certificate of
insurance naming the city as an additional insured, with respect to liability, and providing that it shall be
primary as to any other policy of insurance. The policy must contain the additional insured statement,
coverage amounts and cancellation notification indicated on the sample insurance form provided by the
city. In addition, a business and commercial applicant as well as all residential or nonprofit applicants shall
sign a covenant to hold harmless and indemnify the city which will be recorded and run with the land in a
form approved by the city attorney.
GH. Nothing herein shall be interpreted to permit the base or ground support for any sign to be located
upon or attached to the ground within the public right-of-way.
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18.70.040 Revocation.
A. Except as provided below, all permits approved under this chapter shall be temporary, shall vest no
permanent right and shall be issued and may in any case be revoked at the sole discretion of the city upon
30 days' notice, or without notice in the event any such use or occupation shall become dangerous; any
structure or obstruction so permitted shall become insecure or unsafe; shall become a public nuisance; or
shall not be constructed, maintained or used in accordance with the provisions of this chapter. The
determination by the city engineer that a structure is dangerous, insecure, unsafe, a nuisance or has not been
constructed, used or maintained in accord with this chapter shall be conclusive.
B. Permits shall also be revoked if:
1. Following written notice of the lapse of an insurance policy required to be maintained by ECDC
18.70.030(F), the permittee fails to supply a valid certificate of insurance; or
2. Following written notice of the lapse of an annual application fee, renewal fee, or fees for the
exclusive use of the right-of-way by ECDC 18.70.050(B), the permittee fails to bring fees/account
current.
C. Pei:Faits issued for- afek4eetufal fe�ufes pufsuan4 te ECDC 18.70.030(P) shall be issued for- a -a initial
subseetion (A) of this section. if revoked before the end of the 10 year term, at the will of the ei�, t
holder of the per-mit shall be reimbufsed for any eonsideration provided for the permit. Reimburseme
shall not be required if the permit is revoked due to its having beeome dangerous, a publie nuisanee, unsa
or is not eonstrdeted in aeeor-d with the terms of permit issuanee. Permits for ar-chiteetual feat"es shall be
automati eally renewed, if not revoked by the eity, for- additional 10 y-ar- terms subj eet to sueh addit
C. D. If any such structure, obstruction, use or occupancy is not discontinued on notice to do so by the city
engineer and within the time period designated, the city engineer may remove any structure or obstruction,
or make such repairs upon the structure or obstruction as may be necessary to render the same secure and
safe, at the expense of the permittee, or his successor, and such expense may be recorded as a lien and
otherwise collected in the manner provided by law.
18.70.050 Fees.
A. Application fees for street use or encroachment permits are those established by the city council by
resolution in its sole legislative discretion. Application fees shall be paid to the city prior to issuance of any
permit.
B. Fees for the exclusive use of the public right-of-way are those established by the city council by
resolution in its sole legislative discretion. The fee for a streatery permit shall be the same as for a street
use permit, provided that a technology fee shall not be charged for a streatery.
C. There shall be no judicial appeal from a determination of the compensation to be paid for the use of
public right-of-way.
13
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Dicy Sheppard being first duly swom, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH915965 ORDS 4206-4211 as
it was published in the regular and entire issue
of said paper and not as a supplement form
thereof for a period of 1 issue(s), such
publication commencing on 12/18/2020 and
ending on 12/18/2020 and that said newspaper
was regularly distributed to its subscribers
during all of said period.
The amount of the fee far such publicatign is
$68.60. rr+
Subscribed 9nd swo
�
rn o me on this
�day of
Lw
Notary Public in and for the State of
Washington.
City of Edmonds -LEGAL ADS 114101416
SCOTT PASSEV
Lin7PhillipsNoState My Appointm
Classified Proof
ORDINANCE SUMMARY
of Ih4 Clty of
pn 1ha 15rn day oEam
emix,2ria CilymCaune+l 11 nthe Cso0ohWa6NnflWn
ft6eecuwpwoyaf
Etld
ordlnances
oaAals" of titles are pvldad as foli—
ORDI
ORDiNANCOF
�NQ. 4208
AN NANG THY
EOMOND3,
jqWASHINGTON. CHANGING THE REGULAR MEETING
TIMES OF 0 Ty COUNCIL MEETINGS AND CITY COUNCIL
COMMITTEE MEETINGS. REINSTATING THE SECOND
TUESDAY REGULAR COUNCIL MEETING, ESTABLISHING
REGULAR COMMITTEE MEETING TIMES PRIOR TO THE
SECOND TUESDAY REGULAR COUNCIL MEETING
OR01NAiI ENO. 4207
AN ORDINANCE OF OF EDMONDS.
WASHINGTON. AMENDING ORDINANCE NO. 410 AS A
RESULT OF UNANTICIPATED TRANSFERS AND
EXPENDITURES OF VARIOUS FUNDS, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE
OR0jNANO F NO.4208
AN ORDINANCE OF EDMONDS,
WASHINGtON. ADOPTING AMENDMENTS TO THE
CAPITAL FACILITIES PLAN ELEMENT OF THE
COMPREHENSIVE PLAN; AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE
ORDi YA NCE NO- 4209
AN QRDINANC��OF THE CITY OF EDMONDS.
WASHINGTON. AMENDING CHAPTER 18.70 ECOC.
ENTITLED 'STREET USE AND ENCROACHMENT
PERMITS; TO ALLOW 'STREATEAWS' FOR DINING IN
THE PUOLIC R[GHT-OF-WAY, DEM-ARING AN
EMERGENCY NECESSITATING IMMEDIATE ADOPTION
AN D EFFECTIV ENESS OF THIS OR DINANC E
ORDINANCE HO- A210
AN ORDINANCE P THE C1TY OF EDMONDS,
YVASHINGTON, AMENDING CHAPTER 17-75 ECDC,
ENTITLED 'OUTOOOR DINING,' AND A RELATED
SECTION IN CHAPTER 17,70 ECDC, DECLARING AN
EMERGENCY NECESSITATING IMMEDIATE ADOPTION
AND EFFECTIVENESS OF THIS INTERIM ZONING
ORDINANCE
ORDINANCE NO-4211
AN ORDINANCE A T FOR THE CITY
OF EDMONDS, WASHINGTON, FOR THE FISCAL YEAR
COMMENCING JANUARY 1, 2021.
The full Iex1 of thaee Qlanances vtV be maned upon requoul.
DATED Ihra 15th Day of December, 2020.
CITY CLERK. SCOTT PASSEY
Putgehod; December 18, 2020- E01-1916965
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