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Ordinance 4210ORDINANCE NO. 4210 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 17.75 ECDC, ENTITLED "OUTDOOR DINING," AND A RELATED SECTION IN CHAPTER 17.70 ECDC, DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS INTERIM ZONING 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, to be a safer environment from a COVID-19 standpoint; and WHEREAS, some dining and beverage establishments already have permitted bistro dining for certain sidewalk areas per Chapter 17.70 ECDC or permitted outdoor dining on commercial properties per Chapter 17.75 ECDC; and WHEREAS, outdoor dining on commercial properties per Chapter 17.75 ECDC requires a conditional use permit through a hearing examiner process that is more costly and time-consuming to obtain than an ordinary administrative permit; and WHEREAS, City staff have been working on potential code amendments to allow outdoor dining on commercial properties without a conditional use permit; and 1 WEHEREAS, concepts for amending the code to allow outdoor dining without a conditional use permit 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 amending the permit process for on -site outdoor dining have been incorporated into a set of amendments to Chapter 17.75 of the Edmonds Community Development Code; and WHEREAS, pursuant to RCW 36.70A.390, this interim ordinance may be adopted on an emergency basis without first holding a public hearing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 17.75 of the Edmonds Community Development Code, entitled "Outdoor Dining," is hereby amended to read as set forth in Exhibit A, which is attached hereto and incorporated herein as if set forth in full (new text is shown in underline; deleted text is shown in strike through). Section 2. Section 17.70.010 of the Edmonds Community Development Code, entitled "Other temporary buildings," is hereby amended to read as set forth below (new text is shown in underline; deleted text is shown in s4tl£e thfough): Except as provided in ECDC 17.70.030 and 17.75.010, a conditional use permit shall be required to construct a temporary building in any zone. The permit shall be administratively reviewed by staff and shall be valid for a period of one year; provided, however, that said permit may be extended by the development services director for a single one-year extension upon submittal of a written application prior to the expiration of the original permit. All the requirements of the zoning district shall be met. An appeal of the staff decision granting or denying such a permit or extension shall be reviewed by 2 the hearing examiner in accordance with the requirements for any other conditional use permit under Chapter 20.06 ECDC. Section 3. Sunset. This interim ordinance shall remain in effect for 180 days from the effective date or until it is replaced with another ordinance adopting permanent regulations, after which point it shall have no further effect. Section 4. 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, restaurants would have to go through a much longer permit process before being able to offer outdoor dining. Any delay in the ability of the city's restaurants to offer additional outdoor 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 regulations so that Edmonds citizens will have safer places to dine for the remainder of the COVID-19 pandemic. Section 5. 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. Section 6. Effective Date. This ordinance shall take effect and be in full force and effect immediately upon passage, as set forth in Section 4, 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. 3 Section 7. Adoption of Findings. The city council hereby adopts as findings of fact in support of the adoption of this ordinance the "whereas" clauses above. ATTEST/AUTHENTICATED: CI CLERK, SCOTT P EY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADA FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. APPROVED: MOOR MIKE NELSON December 11, 2020 December 15, 2020 December 18, 2020 December 23, 2020 4210 L, SUMMARY OF ORDINANCE NO.4210 of the City of Edmonds, Washington On the 15th day of December, 2020, the City Council of the City of Edmonds, passed Ordinance No. 4210. 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 17.75 ECDC, ENTITLED "OUTDOOR DINING," AND A RELATED SECTION IN CHAPTER 17.70 ECDC, DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS INTERIM ZONING ORDINANCE. The full text of this Ordinance will be mailed upon request. DATED this 15th day of December, 2020. T- Cit-Y-eLERK, SCOTT PA Y CHAPTER 17.75 Exhibit A OUTDOOR DINING Sections: 17.75.010 Outdoor dining —Permitted secondary use. 17.75.020 Outdoor dining — Secondary uses requiring a eanditien ,' use permit. 17.75.030 Outdoor dining buildings or structures. 17.75.010 Outdoor dining — Permitted secondary use. A. Limited outdoor seating for outdoor dining is allowed as a permitted secondary use in the BN — neighborhood business zone, BC — community business zone, BP — planned business zone, BD — downtown business zone, CW — commercial waterfront zone, CG — general commercial zone, WMU— Westgate Mixed Use, MU — medical use zone, and FVMU — Firdale Village mixed use zone. When established as a permitted secondary use, the outdoor dining area shall currently comply or be proposed to comply with at least one of the following criteria: 1. The site is not directly adjacent to any residentially zoned property(ies). 2. The site complies with the landscaping requirements found in Chapter 20.13 ECDC along the property line(s) directly adjacent to residentially zoned property(ies). 3. The dining area is screened from adjoining residentially zoned property(ies) by a building and/or a four -foot wall, hedge, or solid fence. 4. Seating is limited to an additional 4&50 percent of the existing interior seating of the establishment or 4-2-30 seats, whichever is greater. 5. Anv dining area adiacent to vehicle narking shall be senarated by landscaping, curb stop, wall or other suitable barrier B. For sites directly adjacent to residentially zoned property, the outdoor dining area shall be closed between the hours of 9:00 p.m. and 8:00 a.m. C. Areas utilized for outdoor dining shall comply with setback requirements applicable to the site. Temporary buildings or structures used for the outdoor dining use do not require a separate conditional use permit. D. Seating shall be located outside of public rights -of -way. Seating within public rights -of -way is reviewed as bistro dining pursuant to the requirements of ECDC 18.70.030 or as a streatery pursuant to ECDC 18.70.030.: E. No additional parking stalls shall be required for outdoor dining usage. For any outdoor diningspace pace that would utilize existing on -site parking spaces, at least one ADA-accessible space must remain or be located on the site, 17.75.020 Outdoor dining — Secondary uses requiring a permit. Outdoor dining not meeting the requi eme 4s of Errs , 7 7c 0 non property outside of the public ri hg t of way shall be a secondary use requiring. a conditional „so permit only if the use includes a component subject to a buildingor r fire permit. Components requiring a buildingor r fire permit include, but are not limited to, detached (free-standing) structures and structures attached to a building, such as awnings, canopies, roofs, and per og las •_����� �. This use shall be established and maintained e*ly-in accordance with the terms of a eenditional use permit approved 1.y thethis chapter. 2 17.75.030 Outdoor dining buildings or structures. Any building or structure such as a service stand, fence, planter, kiosk, awning or other shelter utilized in serving outdoor diners shall fully comply with all provisions of the State Building Code an community development code inel ,. ing but not limited to design revieT Title 19 building and fire codes. 7 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 Proofed by Sheppard, Dicy, 12/18/2020 08:47:48 am Page: 2