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Ordinance 4268ORDINANCE NO. 4268 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 3.36.040 OF THE EDMONDS CITY CODE TO ADD A PARTIAL IMPACT FEE EXEMPTION FOR EARLY LEARNING FACILITIES. WHEREAS, the state legislature created a Child Care Collaborative Task Force (Task Force) in 2018 (SHB 2367) to recommend policies for the state of Washington to incentivize employer -supported child care and improve child care access and affordability; and WHEREAS, in 2019 the Task Force presented the Child Care Collaborative Task Force Report (Report) to the state legislature and Governor that included initial recommendations for designing a child care system that works better for families, providers and employers in every industry; and WHEREAS, the Report included a recommendation to partner with appropriate entities and jurisdictions to limit or eliminate local construction impact fees for child care facilities; and WHEREAS, the state legislature adopted HB 1331 in 2021 authorizing cities to grant impact fee exemptions for early learning facilities; and WHEREAS, an exemption from the requirement to pay impact fees could make it more likely that additional early learning facilities are developed; and WHEREAS, the city would like to allow this exemption without having to transfer money from the general fund to the impact fee fund to make up for the lost income fee revenue; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 3.36.040 of the Edmonds City Code, entitled "Exemptions," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in str-ike 1 3.36.040 Exemptions. A. Except as provided for below, the following shall be exempted from the payment of all impact fees under this chapter: 1. Alteration of an existing nonresidential structure that does not involve a change in use and does not expand the usable space or add any residential units; 2. Miscellaneous improvements that do not expand usable space or add any residential units, including, but not limited to, fences, walls, swimming pools, and signs; 3. Demolition or moving of a structure; 4. Expansion of an existing structure that results in the addition of 100 square feet or less of gross floor area, 5. Replacement of a structure with a new structure of the same size and use at the same site or lot when a building permit application for such replacement is submitted to the city within 12 months of the demolition or destruction of the prior structure. Replacement of a structure with a new structure of the same size shall be interpreted to include any structure for which the gross square footage of the building will not be increased by more than 100 square feet; or 6. Alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed (accessory dwelling units (ADU) are not considered to create additional dwelling units because ECDC 20.21.020 does not consider ADUs as increasing the overall density of a single-family residential neighborhood, and because the city's traffic model does not assign additional trips to the network as a result of ADUs). B. Low-income housing units shall be exempt from paying 80 percent of the street impact fees to the extent the units satisfy this subsection. Such exemption shall be conditioned upon the developer recording a covenant that prohibits using the low-income housing units for any purpose other than for low-income housing. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing development, and that if the property is converted to a use other than for low-income housing, the property owner must pay the applicable impact fees in effect at the time of conversion. The covenant shall also require the owner to submit an annual report to the city along with supporting documentation that shows that the low-income units are continuing to be rented in compliance with the covenant. The covenant shall be an obligation that runs with the land upon which the housing is located. The covenant shall be in a form acceptable to the city attorney and shall be recorded upon the developer's payment of the remaining 20 percent of the street impact fee. C. Except as provided for below, the following shall be exempted from the payment of park impact fees under this chapter: 1. Low-income housing provided by nonprofit organizations such as, but not limited to, Habitat for Humanity. Owners of low-income single-family dwelling units, condominiums and other 2 low-income housing shall execute and record a lien against the property, in favor of the city, for a period of 10 years guaranteeing that the dwelling unit will continue to be used for low- income housing or that impact fees from which the low-income housing is exempted, plus interest, shall be paid. The lien against the property shall be subordinate only to the lien for general taxes. In the event that the development is no longer used for low-income rental housing, the owner shall pay the city the impact fee from which the owner or any prior owner was exempt, plus interest at the statutory rate. Any claim for an exemption for low-income owner occupied housing must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived. D. Early learning facilities shall be exempt from paying 80 percent of street and park 'impact fees PROVIDED THAT the early learning facility satisfies the conditions of this subsection. Such exemption shall be conditioned upon the developer recording a covenant that re uires that at least 25 percent of the children and families using the early learning facility qualify for state subsidized child care including -early childhood education and assistance under chapter 43.216 RCW and that provides that if the property is converted to a use other than for an early learning facility, the property owner must pay the applicable impact fees in effect at the time of conversion, and that also provides that if at any point during a calendar year the early learning facility does not achieve the required percentage of children and families qualified for state subsidized child care using tie early learning facility, the progeEN owner must pay the remaining impact fee that would have been imposed on the development had there not been an exemption. The covenant shall also recluire the owner to submit an annual report to the city along with supporting documentation that shows that the early learning facility is in compliance with the covenant. The covenant shall be an obligation that runs with the land upon which the early learning facility is located. The covenant shall be in a form acceptable to the ci1y attorney and shall be recorded upon the developer's payment of the remaining 20 percent of the impact fees. ED. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section, in any other section, or under other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in ECC 3.36.070. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 20131. Section 2. Severabili . 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 3. Effective Date. 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 APPROVED: MAYOR IKENELSON ATTEST/AUTHENTICATED: CI };RK, SCOT F SSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TAARADAYN FILED WITH THE CITY CLERK: July 1, 2022 PASSED BY THE CITY COUNCIL: July 5, 2022 PUBLISHED: July 8, 2022 EFFECTIVE DATE: July 13, 2022 ORDINANCE NO. 4268 n SUMMARY OF ORDINANCE NO.4268 of the City of Edmonds, Washington On the 5th Day of July, 2022, the City Council of the City of Edmonds, passed Ordinance No. 4268. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 3.36.040 OF THE EDMONDS CITY CODE TO ADD A PARTIAL IMPACT FEE EXEMPTION FOR EARLY LEARNING FACILITIES. The full text of this Ordinance will be mailed upon request. DATED this 5th Day of July, 2022. LERK, SCOT SSEY 5 Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly sworn, 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 EDH958319 ORDINANCE SUMMARY 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 07/08/2022 and ending on 07/08/2022 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount the fee for st di publication is $48.16, Subscribed and sworn day of fore me on this t � • Notaiy Public in and for the State of Washington. Ciry of Edmonds - LEGAL ADS 1 14 10 1416 SCOTr PASSEY Linda Phillips Notary Public r; State of l'ia hinnton :3 iy My Appointment Lapires B/KI,2025 commission 11 U rt be' 4.117 Classified Proof ( DI N_A_N�C �S� MMARY ofthe tyZ`�a[ n �1 111n On the 5th dBy o1 Juiy, 2D22, the City Councit of the City of Edmonds, passBd the follaw11, Ordinaries, the summaries of said drdinancea consisting of lutes are rovlded as follows: QRDINANC MO- 467 AN ORDINANCE OF THE CITY OF EDMON05, WAtimimGTON. ADOPTING FINDINGS AND CONCLUSIONS AND APPROVING A CHANGE IN ZONING FOR TWO EXISTING LOTS OF RECORD ADDRESSED 9630AND 9516 EDMONDS WAY FROM RM 1.5 TO RM-EW; AUTHORIZING AMENDMENT OF THE CITY'S OFFICIAL ZONING MAP; AND FIXING A TIME WHEN THE SAME SHALL8ECOME EFFECTIVE. ORDINANCE N 4 11 AN ORDINANCE OFrTHE'CITTY 0 MDS, WASHINGTON. AMENDING SECTION 3,38.000 OF THE EDMONDS CITY CODE TO ADD A PARTIAL IMPACT FEE EXEMPTION FOR FARLY LEARNING FACILITIES. OR DTNANCE NO, a AN ORDINANCE O DS, WASHINGTON. PROVIDING FOR THE REPEAL OF OR AMENDMENT TO CERTAIN CHAPTERS OF TITLE 4 ECC (LICENSES) AND FOR THE ADOPTION OF A NEW CHAPTER TO TITLE 4 ECC RELATING TO SPECIAL EVENT PERMITS; PROVIDING FOR S EVERADILtTY i AND SETTING AN EFFECTIVE DATE DATED INs 51h Day of J)% 2022. CITY CLERK, SCOy F YSEY ftlall shed: July 8, 2022. ECHOSS319 Proofed by Phillips, Linda, 07/08/2022 01:43:43 pm Page: 2