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2022-09-14 Planning Board PacketC)p E 04 � O Planning Board Remote Zoom Meeting Agenda 121 5th Ave. N. Edmonds, WA 98020 www.edmondswa.gov Michelle Martin 425-771-0220 Wednesday, September 14, 2022 7:00 PM Virtual Online Meeting 1. 2. A. Remote Meeting Information Join Zoom Meeting: https://edmondswa- gov.zoom.us/j/88526558062?pwd=YUtoNGFFQ210Q2U5SDdwRUFadX15dz09 Meeting ID: 885 2655 8062. Passcode: 598700 Call into the meeting by dialing: 253-215-8782 Phyiscal Location The Planning Board members will be meeting remotely for this meeting and the public may as well at the zoom information above. However, given the expiration of Gov. Inslee's proclamation on open public meetings, a physical location to participate in the meeting must be provided. For this meeting the physical location provide is Edmonds Waterfront Center Community Room B located at 220 Railroad Avenue. Land Acknowledgement for Indigenous Peoples We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water. Call to Order Attendee Name Present Absent Late Arrived Approval of Minutes Generic Agenda Item (ID # 6763) Approval of Minutes Background/History N/A Staff Recommendation Approve August 10th meeting minutes Planning Board Page 1 Printed 91912022 Remote Zoom Meeting Agenda September 14, 2022 ATTACHMENTS: • PB220810d (PDF) 3. Announcement of Agenda 4. Audience Comments 5. Administrative Reports A. Generic Agenda Item (ID # 6804) Reimagining Neighborhoods and Streets Background/History See narrative. Staff Recommendation N/A 6. Public Hearings 7. Unfinished Business A. Generic Agenda Item (ID # 6803) Tree Code Amendments Background/History The most recent amendments to Edmonds' tree code, Chapter 23.10 ECDC, adopted in 2021, focus on tree retention related to development (Attachment 1). At the June 21 City Council and the July 13, 2022 Planning Board meetings, staff received direction to further amend the code to limit property owner tree removals, previously referred to as the "Phase 2" tree code amendments (Attachments 2 and 3, respectively). Staff was also directed to expand the project scope to include minor amendments to the existing code that: • Further clarify, simplify and provide greater code consistency. • Streamline the development review or tree removal request process. • Align with industry standards, including the American National Standards Institute (ANSI) Standards, Best Management Practices (BMPs) for arboricultural by the International Society of Arboriculture (ISA) and the ISA/TRAQ (Tree Risk Assessment Qualification) method relating to hazard tree removal. • Address situations that have required a code interpretation, when the code is difficult or unclear in its application, or as trends in code enforcement merit code clarification. The City Council and Planning Board have provided general feedback for improvements to the current tree code. Staff then developed a comprehensive list of Preliminary Tree Code Planning Board Page 2 Printed 91912022 Remote Zoom Meeting Agenda September 14, 2022 Amendments (Attachment 4). The list shows policy level impacts and justification for each proposed code change. The Tree Board studied how the current code works by examining four mock development scenarios (Attachment 5) at its August 4, 2022, meeting, concluding that simplifying and streamlining the existing code should be a primary objective of tree code amendments. The Tree Board observed that the code requirements are not equitable when applied to heavily wooded sites and that the code may not be achieving its intended tree retention and replanting objectives (Attachment 6). Staff Recommendation Staff will provide a presentation at the meeting. Confirm that the general direction and text of Chapter 23.10 ECDC amendments for items with low levels of policy implications is appropriate. ATTACHMENTS: • Attachment 1—ECDC 23.10 (PDF) • Attachment 2_06212022 CC Meeting Minutes (PDF) • Attachment 3_07132022 PB Meeting Minutes (PDF) • Attachment 4_Tree Code Amend List (PDF) • Attachment 5—Mock Dev Scenarios (PDF) • Attachment 6_08042022 TB Draft Meeting Minutes (PDF) • Attachment 7—Draft No Level ECDC 23.10 (PDF) • Attachment 8—ECDC 23.10 Amend Project Outline(PDF) B. Generic Agenda Item (ID # 6806) Cliamte Action Plan Update Background/History See narrative. Staff Recommendation N/A ATTACHMENTS: • Edmonds CAP Brochure (PDF) • Workshop Posters and CAP Strategies & Actions (PDF) • Edmonds CAP Engagement Workshop 2 Summary(PDF) Planning Board Page 3 Printed 91912022 Remote Zoom Meeting Agenda September 14, 2022 8. New Business 9. Planning Board Extended Agenda 10. Planning Board Chair Comments 11. Planning Board Member Comments 12. Adjournment 13. Generic Agenda Items Planning Board Page 4 Printed 91912022 2.A Planning Board Agenda Item Meeting Date: 09/14/2022 Approval of Minutes Staff Lead: Kernen Lien Department: Planning Division Prepared By: Michelle Martin Background/History N/A Staff Recommendation Approve August 10th meeting minutes Narrative August 10th draft minutes attached Attachments: PB220810d Packet Pg. 5 2.A.a CITY OF EDMONDS PLANNING BOARD Minutes of Webinar Meeting August 10, 2022 Chair Crank called the virtual meeting of the Edmonds Planning Board to order at 7:00 p.m. LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES Board Member Campbell read the Land Acknowledgement. Board Members Present Alicia Crank, Chair Roger Pence, Vice Chair Matt Cheung Judi Gladstone Richard Kuehn Mike Rosen Beth Tragus-Campbell (alternate) Lily Distelhorst (student rep) Board Members Absent Todd Cloutier (excused) Staff Present Mike Clugston, Senior Planner Kernen Lien, Planning Division Manager READING/APPROVAL OF MINUTES MOTION MADE BY BOARD MEMBER ROSEN, SECONDED BY BOARD MEMBER CHEUNG, TO APPROVE THE MINUTES OF DULY 27, 2022 AS PRESENTED. MOTION PASSED UNANIMOUSLY. ANNOUNCEMENT OF AGENDA THERE WAS UNANIMOUS CONSENT TO APPROVE THE AGENDA AS PRESENTED. AUDIENCE COMMENTS Greg Brewer expressed concern about the erosion of the business base in the BD2 zone as a result of changes to the permitted use tables which would allow 100% residential buildings. He urged the Planning Board to protect all of the BD2 zone. Michelle Dutch commented that the BD2 designation is defined as downtown mixed commercial. She reviewed how the Comprehensive Plan and Land Use Element discuss downtown mixed commercial. She urged the Planning Board to preserve commercial in the BD2 zone. Planning Board Meeting Minutes August 10, 2022 Pagel of 6 Packet Pg. 6 2.A.a JOINT MEETING WITH ECONOMIC DEVELOPMENT COMMISSION A. BD Designated Street Front Economic Development Commission Members Present: Darrol Haug, Keith Hamilton, Jay Hoag, Vice Chair Kevin Harris, Kevin Smith, Chair Nicole Hughes, David Kaufer, David Coffer, Councilmember Susan Paine Introductions were made. Senior Planner Clugston introduced the topic and made a brief presentation regarding the BD Designated Street Front. He reviewed: Language from the Downtown Mixed Commercial and Downtown Mixed Residential sections of the Comprehensive Plan. Designated Street Front regulations: must be commercial within first 45 feet of designated street front; 12-foot minimum ground floor (15 feet in BD 1); different design standards History of BD2 projects that have occurred since 2011: Post Office, 303 Edmonds Street, 117 2nd Avenue S, 611 Main Street, 627 Dayton Street, 310 Daley. With the exception of the post office, all the other projects were residential proposals. Potential Recommendations: 1. No change — keep Designated Street Front as in Ordinance 3865 2. Accept interim map and use table in Ordinance 4262 3. Accept interim map and take broader look at all BD zones after Comprehensive Plan update (staff s recommendation) 4. Require all BD2 parcels to be mixed use (to have Designated Street Front requirements) 5. Require all BD2 parcels to be mixed use and consider zoning change after Comprehensive Plan update to facilitate two floors of residential above commercial Mr. Clugston invited discussion regarding the topic and noted that a public hearing is tentatively scheduled for September 28. EDC Chair Hughes explained that there is not necessarily a consensus among the EDC regarding this topic. EDC Commissioner Harris asked what led the staff to the recommendation they favor if the Comprehensive Plan is the overall guiding document. Mr. Clugston replied that the timing of the project in relation to the Comprehensive Plan update is not ideal. Staff feels that making the interim ordinance into a permanent ordinance results in the changes that the Council wanted to see, but it doesn't take a larger step of redrawing an entire area in the downtown area. Planning Manager Kernen Lien explained that part of the Comprehensive Plan update process will be a visioning process where they can take a broader look at the downtown core and where those designated street fronts should be or not. EDC Commissioner Haug referred to first floor height requirements for BD 1 and BD2 zones. He noted that a previous EDC looked at this extensively and made a recommendation to change BD 1 to allow 12-foot construction, the same as what BD2 is right now. The EDC was confused about why there was a difference in first floor height requirements between the two zones. Planning Manager Lien stated that the BD 1 height requirement had to do with the retail/display use of the ground floor. The BD2 zone had more to do with office uses where 12 feet is the standard. He noted that the ground floor height impacts the ability to potentially get three floors. The economic analysis in the packet shows that it is harder to Planning Board Meeting Minutes August 10, 2022 Page 2 of 6 Packet Pg. 7 2.A.a get three floors with the ground floor height requirement. Recommendation 5 would be to consider some flexibility with the heights to allow potentially three floors if commercial is required on the ground floor. PB Chair Crank asked for clarification about the pieces that are likely to get changed anyway in the update and visioning process so they don't spend too much time working on those things right now. Planning Manager Lien replied they will be looking at the whole downtown area. This item has been flagged as something that specifically needs to be looked at. He thinks they will likely be looking at commercial use in the downtown area and housing use/availability. EDC Commissioner Smith referred to the old post office and asked how the ground floor building heights compare to what would otherwise be available in the BD2 zone. He asked if the preferred recommendation #3 would allow the building without commercial or if it would require street fronts. Mr. Clugston replied that the post office had 12-foot first floor heights. The preferred recommendation would leave the map as it is with the interim ordinance and the few extensions that the Council approved in June as well as the updated use table. In the future they would look at the broader view of the downtown area after the Comprehensive Plan is updated. EDC Commissioner Hoag noted that the 6th & Main project is removing an existing commercial building to put in residential. He acknowledged that there is a housing crisis, but there was a good reason that BD2 had intentional mixed use with business on the ground floor. He thinks they will regret losing the commercial space in the BD2 zone. PB Member Gladstone asked what the drivers are to push for this now rather than waiting for the update ° and visioning process. Mr. Lien reviewed recent history which brought this to attention and caused 'o Council to adopt a moratorium and interim ordinances for designated street front and design standards. a The ordinances are only good for six months. If they are not addressed now, the interim ordinance will a just revert back to what it was before it was adopted. M MOTION MADE BY CHAIR CRANK TO CONSIDER ADOPTION OF OPTION 3. THE MOTION DIED FOR LACK OF A SECOND. EDC Vice Chair Harris commented he doesn't have a good understanding of the risks of letting things go back to status quo or changing it to the City's preferred option. Mr. Lien explained the designated street front would get contracted back down to what it was before the interim ordinance. It was extended to protect the retail core by having commercial around the BD I zone and to identify areas where there were commercial uses on both sides of the street and within the primary pedestrian areas downtown. Another important part of this was the update to the use table to clarify the uses in the BD2 zone. Recommendation 3 matches what staff is hearing from Council and what they have been hearing from the public. Chair Hughes commented she was leaning towards being able to support Recommendation 3. PB Member Rosen spoke in support of protecting the area for additional business growth. He pointed out that they are not talking about either/or but how much residential. In addition, he referred to previous discussions about transition zones. He noted that people are responding to their experiences walking down the street and their interaction with the buildings. He also spoke in support of Recommendation 3 to "protect the dirt" while also saying they are not done talking about this. PB Member Gladstone asked if the interim designated street front lines reflect what is on the ground better than the actual map. Mr. Lien explained how the expanded lines in the interim ordinance were drawn. They reflect what is actually on the ground right now. PB Member Gladstone asked the Planning Board Meeting Minutes August 10, 2022 Page 3 of 6 Packet Pg. 8 2.A.a difference between making the interim designation permanent and the Recommendation 5 regarding allowing mixed use. Mr. Lien explained Recommendation 5 would also address potential height issues. • EDC Commissioner Smith commented that the Comprehensive Plan update is the appropriate time to take a deeper look at this. He cautioned against getting rid of potential commercial space as they are seeing vibrant growth in the city. He voiced support for Recommendation 4. • PB Member Kuehn expressed concern that if they only do Recommendation 3 it allows issues to happen in other areas. He agrees with "protecting the dirt" until they can take a broader look at this. He spoke in support of Recommendation 4. • PB Member Campbell spoke in support of trying to raise the building height limits in order to get to three stories. She thinks it is going to be necessary in the long run to have this commercial space. She spoke in support of Recommendations 4 or 5 to keep commercial space from disappearing. • EDC Commissioner Hoag commented that this will all lead to some reevaluation of the Comprehensive Plan. It doesn't seem feasible that the current owners of the building could adjust their current building to match the interim standards and get it approved before they get to the Comprehensive Plan update. He wasn't sure if anything would ever occur if they did Recommendation 3. MOTION MADE BY PB MEMBER ROSEN TO SUPPORT OF RECOMMENDATION 4 TO 3 "PROTECT THE DIRT" AND TAKE A BROADER LOOK AT THIS WITH THE COMPREHENSIVE PLAN PROCESS. MOTION SECONDED BY PB MEMBER GLADSTONE. 0 • Student Representative Distelhorst spoke to the need for more housing and spoke in support of 'o preserving options for multifamily housing. a • EDC Commissioner Haug asked if EDC members should participate in voting tonight. Mr. Lien noted a that the formal recommendation by the Planning Board would be taken following the September 28 c public hearing. He stated that they would like to hear the recommendation from the EDC. o • EDC Commissioner Hamilton agreed that the City does need some housing in the downtown area, N especially charming housing. He thinks that this will help the existing businesses. He also recommended a making sure to change height requirements so that they can get three floors. He recommended Recommendation 3 which gives the most flexibility and uses the Comprehensive Plan process. E • PB Member Kuehn clarified that the motion would extend the B132 zones and take a broader look at all BD zones after the Comprehensive Plan process. It will not take away the ability to build residential units. THE MOTION TO APPROVE AMENDED OPTION 4 PASSED. Mr. Lien stated that staff would bring back Recommendation 4 to the public hearing on September 28. Chair Crank thanked the EDC for joining them tonight. EDC Chair Hughes thanked the group for the collaboration. PUBLIC HEARINGS A. Public Hearing on Permanent Design Standards for Multifamily Buildings in the BD2 Zone (AMD2022- 0001) Senior Planner Mike Clugston introduced the public hearing for the permanent standards for multifamily only buildings in the BD2 zone as recommended by the Architectural Design Board (ADB) last week. He reviewed Planning Board Meeting Minutes August 10, 2022 Page 4 of 6 Packet Pg. 9 2.A.a the amended language from the ADB. He noted that if the recommendation tonight is eventually passed by the Council these standards would be moot. • Materials — The intent was to use preferred building materials such as stone, wood, metal, brick, and glass. The ADB wanted to allow alternative materials if they are contributing to a cohesive design theme for the building. • Private AmenitySpace — The ADB suggested allowing balconies to encroach into an R-zoned property up to 6 feet rather than 5 feet to make the balconies ADA compatible. • Roof Treatment and Modulation — New verbiage provides a menu of options for developers to use. They have to use at least three of them. • Roof Top Deck — The ADB liked the roof top deck concept in addition to the private amenity space. Vice Chair Pence asked if the stairwell penthouse structure would be allowed on the roof deck area. Mr. Clugston replied that it would not be allowed, but an elevator penthouse would be allowed. Vice Chair Pence did not think that made sense and that it would make the building more expensive than needed. Board Member Campbell agreed that a stairwell penthouse should also be allowed. Mr. Clugston replied that could be looked at as they go through the process and look at definitions of height. Public Testimony: ° 0 Michelle Dutch referred to building massing, step backs, and shadows. She suggested that a step back for the a top floor could be an option for a rooftop amenity so it is not massing and towering over the pedestrian area. a She stated that horizontal modulation is critical for interest in the building. She commented that the Subarea M Highway 99 Plan has a critical design concern related to not allowing a flat unmodulated wall next to single � family or less dense RM 1.5 zone, street, or alley. She also expressed concern about the lack of requirements N for green space. m Will Magnuson spoke in support of the Board's vote tonight on the BD2 zone. He also spoke in support of the 15-foot height requirement for first floor commercial because it allows for flexibility in uses by providing space for ducting and HVAC options. Regarding roof top decks, he thinks that the stairwell should be an option also and should be adjacent the elevator. He appreciates the roof variance design intent but noted he has seen some really interesting buildings with flat roofs and some really horrible buildings with pitched roofs. Board Discussion: Board Member Campbell asked about green space requirements. Mr. Clugston reviewed requirements for open space, noting that there is not a specific green space requirement in the downtown area. Residential areas have setbacks which are typically green areas. Where multifamily buildings are adjacent to R-zones, landscape buffer plantings would be required. Chair Crank encouraged consideration of pocket parks. She agreed that stairwells should be an option for roof top decks. Board Member Campbell suggested having some sort of green requirement to allow surfaces to allow water absorption. She referred to the Salmon Safe certification and how this could tie in. Planning Board Meeting Minutes August 10, 2022 Page 5 of 6 Packet Pg. 10 2.A.a Board Member Rosen asked if there is anything about this staff is concerned about. Mr. Clugston thought that this is a good effort at providing additional guidance for these particular projects. He acknowledged that if the designated street front line is redrawn, these design standards become moot. For now, they are a good addition. Board Member Kuehn suggested encouraging developers to consider incorporating green space wherever possible. MOTION MADE BY CHAIR CRANK, SECONDED BY BOARD MEMBER ROSEN, TO FORWARD THIS TO COUNCIL WITH A RECOMMENDATION FOR APPROVAL. Board Member Campbell stated that this is going in a good direction, but she would like to see inclusion of green space and green building requirements. MOTION PASSED. The public hearing was closed at 9:06 p.m. a c PLANNING BOARD EXTENDED AGENDA M 4- 0 Staff reviewed the extended agenda. 'o L Q PLANNING BOARD MEMBER COMMENTS a Board Member Rosen thanked everyone who participated tonight. He also appreciated the nature of the discussion. He especially thanked Student Representative Distelhorst for her participation. Vice Chair Pence suggested they need to be paying attention to the community conversations related to the visioning stage of the Comprehensive Plan process. PLANNING BOARD CHAIR COMMENTS Chair Crank thanked everyone for their participation. ADJOURNMENT: The meeting was adjourned at 9:19 p.m. Planning Board Meeting Minutes August 10, 2022 Page 6 of 6 Packet Pg. 11 5.A Planning Board Agenda Item Meeting Date: 09/14/2022 Reimagining Neighborhoods and Streets Staff Lead: Suscan McLaughlin Department: Planning Division Prepared By: Kernen Lien Background/History See narrative. Staff Recommendation N/A Narrative Director McLaughlin will give a presentation on the Reimagining Neighborhoods and Streets project. The goal of the project is to optimize existing right-of-way to create social hubs, expand connectivity, and improve environmental outcomes. The city will explore what we learned from public spaces during the CV19 crisis that will make a better urban future for Edmonds and how we can reallocate street space that supports a vibrant, green and connected public space network? Over the summer, roundtable meetings were held in five neighborhood centers (Highway 99 Gateway District and International District, Five Corners, Perrinville, Downtown and Westgate) to discuss public space opportunities. At the in -person neighborhood events, residents had the opportunity to talk specifically about public space opportunities in their neighborhoods, and to share their thoughts on how right-of-way space could be adapted to support community cohesion and economic development. Packet Pg. 12 7.A Planning Board Agenda Item Meeting Date: 09/14/2022 Tree Code Amendments Staff Lead: Deb Powers Department: Planning Division Prepared By: Deb Powers Background/History The most recent amendments to Edmonds' tree code, Chapter 23.10 ECDC, adopted in 2021, focus on tree retention related to development (Attachment 1). At the June 21 City Council and the July 13, 2022 Planning Board meetings, staff received direction to further amend the code to limit property owner tree removals, previously referred to as the "Phase 2" tree code amendments (Attachments 2 and 3, respectively). Staff was also directed to expand the project scope to include minor amendments to the existing code that: Further clarify, simplify and provide greater code consistency. Streamline the development review or tree removal request process. Align with industry standards, including the American National Standards Institute (ANSI) Standards, Best Management Practices (BMPs) for arboricultural by the International Society of Arboriculture (ISA) and the ISA/TRAQ (Tree Risk Assessment Qualification) method relating to hazard tree removal. Address situations that have required a code interpretation, when the code is difficult or unclear in its application, or as trends in code enforcement merit code clarification. The City Council and Planning Board have provided general feedback for improvements to the current tree code. Staff then developed a comprehensive list of Preliminary Tree Code Amendments (Attachment 4). The list shows policy level impacts and justification for each proposed code change. The Tree Board studied how the current code works by examining four mock development scenarios (Attachment 5) at its August 4, 2022, meeting, concluding that simplifying and streamlining the existing code should be a primary objective of tree code amendments. The Tree Board observed that the code requirements are not equitable when applied to heavily wooded sites and that the code may not be achieving its intended tree retention and replanting objectives (Attachment 6). Staff Recommendation Staff will provide a presentation at the meeting. Confirm that the general direction and text of Chapter 23.10 ECDC amendments for items with low levels of policy implications is appropriate. Narrative Staff suggests that addressing the non -controversial tree code amendments with no policy level changes would make sense in project sequencing, prior to tackling the more complex and controversial code changes. The emphasis of this memo is to confirm that the draft low-level code amendments are acceptable to the Planning Board so that at subsequent meetings on October 12 (joint meeting with the Packet Pg. 13 7.A Tree Board) and November 9, 2022, the focus could be on the minor to moderate draft code changes using a basic draft code framework. Note that "policy levels" are designated according to the scope and impact of code modifications: No/none - amendments that do not change the meaning of the code. They clarify/simplify or further define something already in the code, address redundancies, address typos or result in simple reformatting or removal of outdated references. Minor - amendments resulting from updates to Best Available Science, Best Management Practices, industry standards, etc. that do not result in changes to code intent or an increase in requirements. Moderate - relatively uncontroversial restructuring of code sections, and any of the above that result in new, increased or eliminated requirements. Major - amendments adding a substantial prohibition/ban on something currently allowed, or substantial new requirements. This category would include any amendments that result in significant changes to existing procedures or significant additional cost to permit applicants, and/or change the intent of the code. The draft code revisions incorporating the no/none policy level preliminary tree code amendments highlighted in yellow in Attachment 4 are shown as markups and strikeouts in Attachment 7. Staff is seeking confirmation from the Planning Board that the general direction and preliminary code text is appropriate for these no/none policy impact amendments. Staff is expecting that a modest number of additional code amendments will be identified at subsequent Planning Board, Tree Board, City Council, and stakeholder meetings and from public feedback. Next Steps At the September 14 Planning Board meeting, staff would appreciate feedback on the following: Staff acknowledges the low-level policy code amendments may need additional refinement. Does the Planning Board agree with the general text and direction of the low-level tree code updates? Does the Planning Board have additional code amendments or related issues that may warrant a code amendment, procedural change, incentive or public education? Does the draft ECDC 23.10 Code Amendment Project Outline (Attachment 8) encompass key milestones? Aside from the data needs identified in Attachment 8, is there any other information the Planning Board needs to review future ECDC 23.10 code amendments? Attachments: Attachment 1—ECDC 23.10 Attachment 2_06212022 CC Meeting Minutes Attachment 3_07132022 PB Meeting Minutes Attachment 4 Tree Code Amend List Attachment 5 Mock Dev Scenarios Attachment 6_08042022 TB Draft Meeting Minutes Attachment 7_Draft No Level ECDC 23.10 Attachment 8—ECDC 23.10 Amend Project Outline Packet Pg. 14 ATTACHMENT 1 Page 1/12 Chapter 23.10 TREE RELATED REGULATIONS Sections: 23.10.000 Intent and purpose. 23.10.010 Administration authority. 23.10.020 Definitions. 23.10.030 Permits. 23.10.040 Exemptions. 23.10.050 Tree removal prohibited. 23.10.060 Tree retention associated with development activity. 23.10.070 Tree protection measures during development. 23.10.080 Tree replacement. 23.10.085 Protected trees — Notice on title. 23.10.090 Bonding. 23.10.100 Violation, enforcement and penalties. 23.10.110 Liability. 23.10.000 Intent and purpose. The purpose of this chapter is to establish a process and standards to provide for the evaluation, protection, enhancement, preservation, replacement, and proper maintenance of significant trees. This includes the following: A. Implement the goals and objectives of the city's urban forest management plan; B. Implement the goals and objectives of the city's comprehensive plan; C. Implement the goals and objectives of the city's climate action plan; D. Preserve, through design and intention, wildlife corridors and habitat; E. To promote the public health, safety, biodiversity, environmental health and general welfare of the residents of Edmonds, provide greenhouse gas emissions mitigation and preserve the physical and aesthetic character of the city through the prevention of indiscriminate removal or destruction of trees and ground cover on improved or partially improved property; F. Preserve the maximum number of trees that are determined to be appropriate for preservation in the Edmonds urban environment and that have a reasonable chance of long-term survival; G. Promote site planning, building, and development practices that work to avoid removal or destruction of trees and vegetation, that avoid unnecessary disturbance to the city's natural vegetation, and that provide landscaping to buffer the effects of built and paved areas; H. Encourage tree retention efforts by providing design flexibility with respect to certain development requirements; I. Retain as many viable trees as possible on a developing site while still allowing the development proposal to move forward in a timely manner and replanting when trees are removed during development; J. Promote building and site planning practices that are consistent with the city's natural topographic and vegetation features while recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvements, interference with utility services, and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover; and K. Mitigate the environmental and aesthetic consequences of tree removal in land development through on -site and off -site tree replacement to help achieve a goal of no net loss of tree canopy coverage throughout the city of Edmonds. The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 15 7.A.a ATTACHMENT 1 Page 2/12 L. Promote net ecological gain, a standard for a development project, policy, plan, or activity in which the impacts on the ecological integrity caused by the development are outweighed by measures taken consistent with the new mitigation hierarchy to avoid and minimize the impacts, undertake site restoration, and compensate for any remaining impacts in an amount sufficient for the gain to exceed the loss. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.010 Administering authority. The development services director ("director") or a designee shall have the authority and responsibility to administer and enforce all provisions of this chapter. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.020 Definitions. A. "Caliper" means the American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be the trunk diameter measured six inches above the ground for up to and including four - inch caliper size and 12 inches above the ground for larger sizes. B. "Canopy" means the leaves and branches of a tree from the lowest branch on the trunk to the top. N c d C. "Critical root zone" means the area surrounding a tree at a distance from the trunk, which is equal to one foot for every one inch of tree DBH. E D. "Developable site" means the gross site area of a lot minus critical areas and buffers. E. "Diameter at breast height (DBH)" means the diameter or thickness of a tree trunk measured at four and one-half 0 feet from the ground. DBH is also known as "diameter at standard height (DSH)." m d L F. "Dripline" means the distance from the tree trunk that is equal to the furthest extent of the tree's crown. 0 G. "Feasible" means, for the purpose of this chapter, the project applicant's primary intended legal use may be N achieved. In cases where this chapter requires certain actions unless they are infeasible, the burden of proving V infeasibility is placed on the applicant. V H. "Hazard tree" means a tree that is dead, dying, diseased, damaged, or structurally defective as determined by a w qualified tree professional. I. "Grove" means a group of three or more significant trees with overlapping or touching crowns. d t J. "Improved lot" means a lot or parcel of land upon which a structure(s) is located, and which cannot be further Q subdivided pursuant to city subdivision regulations and zoning code. K. "Improvement" means and includes, but is not limited to, any building, structure, storm drainage facilities, road, c E driveway, utility and pedestrian facilities, or other object constituting a physical addition to real property. c� L. "Limits of disturbance" means the boundary between the area of minimum protection around a tree and the Q allowable site disturbance. M. Native Tree. Native trees are described in the Urban Forest Management Plan (UFMP) as being well suited to our climate and tending to provide good habitat for local wildlife. The UFMP contains a partial list of species that are considered native trees. N. "Nuisance tree" means a tree that is causing significant physical damage to a private or public structure and/or infrastructure, including but not limited to: sidewalk, curb, road, water or sewer or stormwater utilities, driveway, parking lot, building foundation, or roof. O. "Protected tree" means a tree identified for retention and protection on an approved tree retention and protection plan, replacement in relation to a permit or plan, and/or permanently protected by easement, tract, or covenant restriction. The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 16 ATTACHMENT 1 Page 3/12 P. "Pruning" means the proper removal of roots or branches of a tree according to the American National Standards Institute (ANSI) A300 pruning standards. Q. "Qualified professional" means an individual with relevant education and training in arboriculture or urban forestry, having two or more of the following credentials: 1. International Society of Arboriculture (ISA) Certified Arborist; 2. Tree Risk Assessment Qualification (TRAQ) as established by the ISA TRAQ (or equivalent); 3. American Society of Consulting Arborists (ASCA) registered Consulting Arborist; 4. Society of American Foresters (SAF) Certified Forester for Forest Management Plans. For tree retention associated with a development permit, a qualified professional must have, in addition to the above credentials, a minimum of three years' experience working directly with the protection of trees during construction and have experience with the likelihood of tree survival after construction. A qualified professional must also be able to prescribe appropriate measures for the preservation of trees during land development. E R. "Significant tree" means a tree that is at least six inches in diameter at breast height (DBH) as measured at four and one-half feet from the ground. For trees with multiple leaders at four and one-half feet height, the DBH shall be E the combined cumulative total of branches greater than six inches diameter at four and one-half feet above the Q average grade. If a tree has been removed and only the stump remains that is below four and one-half feet tall, the 'aa size of the tree shall be the diameter of the top of the stump. �j S. "Specimen tree" means a tree of exceptional size or form for its species or rarity as determined by the city's m a) qualified tree professional. .. 0 T. "Tree" means a self-supporting woody plant characterized by one main trunk or, for certain species, multiple ri trunks, that is recognized as a tree in the nursery and arboricultural industries. N V U. "Tree fund" refers to the fund created by Chapter 3.95 ECC. loll V. "Tree removal" means the direct or indirect removal of a tree(s) or vegetation through actions including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems; destroying the structural integrity of trees through improper pruning, unless pruning back to the point where the tree has been previously topped; poisoning; filling, excavating, grading, or trenching within the dripline that results in the loss of more than 20 percent of the tree's root system; or the removal through any of these processes of greater than 50 percent of the live crown of the tree. W. "Tree topping" means the significant cutting back of the leader stem or major branches, resulting in severely altering the growth potential of a tree. This definition does not apply when the sole purpose is to create a snag or snags for wildlife habitat. X. "Viable tree" means a significant tree that a qualified professional has determined to be in good health, with a low risk of failure due to structural defects, is windfirm if isolated or remains as part of a grove, and is a species that is suitable for its location. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.030 Permits. A. Applicability. No person shall remove, excessively prune, or top any significant tree except as provided by this chapter. B. Tree removal not specifically exempted in ECDC 23.10.040 will be processed as a Type I permit. C. Procedural Exemption. Tree removal associated with building permit, subdivision, or other land use approval will be reviewed with the associated project and will not require a separate tree removal permit. All clearing shall be The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 17 ATTACHMENT 1 Page 4/12 consistent with and apply the standards established by this chapter. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.040 Exemptions. The following activities are exempt from the provisions of this chapter and do not require a permit: A. Removal of trees on an improved single-family lot, except for: 1. That portion of the property containing a critical area or its associated buffer. Critical area in this context does not include erosion hazards with slopes less than 25 percent. B. Removal of nonsignificant trees that are not protected by any other means. C. Removal of trees by the public works department, parks department, fire department and/or franchised utilities for one of the following purposes: 1. Installation and maintenance of public utilities or motorized or nonmotorized streets or paths. 2. In response to situations involving danger to life or property, substantial fire hazards, or interruption of services provided by a utility. Franchised utilities shall provide notification to the city prior to tree maintenance or removal. A separate right-of- way permit may be required. D. Removal and maintenance of trees within city of Edmonds' parks at the direction of the parks department. E. Routine landscaping and maintenance of vegetation, such as pruning and planting, removal of invasive/exotic species, management of brush and seedling trees. Pruning should comply with ANSI A300 (Part 1 — 2017), Tree, Shrub and Other Woody Plant Management — Standard Practices, to maintain long term health. This includes maintenance of trees and vegetation required to be retained or planted under the provisions of the Edmonds Community Development Code. Pruning existing trees back to the point where they have been previously topped is considered maintenance for these trees alone, provided pruning will be undertaken only to the extent necessary for public safety or tree health. F. Trees that do not meet the exemptions in subsections (A) through (E) of this section may be removed with supporting documentation: 1. Nuisance tree with documentation of the damage and any tree work that has been attempted to rectify the nuisance, and/or a statement from the applicant's qualified tree professional explaining why no arboricultural practices can safely rectify the nuisance. 2. Hazard tree located outside a critical area with a tree risk assessment prepared by the applicant's qualified professional documenting how the tree meets the definition of a hazard tree. 3. Hazard tree removal in a critical area or critical area buffers consistent with the requirements of ECDC 23.40.220(C)(8). [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.050 Tree removal prohibited. A. Protected Trees. Removal of protected trees is prohibited, except as provided for in ECDC 23.10.040(F), hazard and nuisance trees, or through an approved modification of a landscape plan. B. Vacant Lots. Removal of trees from a vacant lot prior to a project development is prohibited except as provided for in ECDC 23.10.040(F), hazard and nuisance trees. C. Demolition of Structures. Tree removal shall be prohibited as part of a permitted demolition except as required to reasonably conduct demolition activities subject to approval of the director. Tree replacement shall be required for removed trees. The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 18 ATTACHMENT 1 Page 5/12 D. In critical areas, critical area buffers, and in all native growth protection easements, tree removal is prohibited except as allowed per Chapters 23.40 through 23.90 ECDC. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.060 Tree retention associated with development activity. A. Introduction. The city's objective is to retain as many viable trees as possible on a developing site while still allowing a feasible development proposal to move forward in a timely manner. To that end, the city requires approval of a tree retention and protection plan in conjunction with the following applications: 1. Short subdivision; 2. Subdivision; 3. New multifamily development; 4. New single-family development on a vacant lot or a demolition and replacement of a single-family house; and c 5. Any tree removal on developed sites not exempted by ECDC 23.10.040. d E In order to make better decisions about tree retention, particularly during all stages of development, tree retention c d E and protection plans will require specific information about the existing trees before removal is allowed. Specific Q tree retention and protection plan review standards provided in this section establish tree retention priorities, incentives, and variations to development standards in order to facilitate preservation of viable trees. �j B. Tree Retention and Protection Plan. m 1. An applicant for a development identified in subsection (A) of this section must submit a tree retention and protection plan that complies with this section. A qualified professional may be required to prepare certain ai components of a tree retention and protection plan at the applicant's expense. V 2. Tree Retention and Protection Plan Components. The tree retention and protection plan shall contain the V w following information, unless waived by the director: a. A tree inventory containing the following: E i. A number system of all existing significant trees on the subject property (with corresponding tags on trees); Q ii. Size (DBH) and estimated tree crown diameter; m iii. Proposed tree status (trees to be removed or retained); c� iv. Brief general health or condition rating of trees (i.e., poor, fair, good, excellent, etc.); Q v. Tree type or species. b. A site plan depicting the following: i. Location of all proposed improvements, including building footprint, access, utilities, applicable setbacks, critical areas, buffers, and required landscaped areas clearly identified. If a short subdivision or subdivision is being proposed and the location of all proposed improvements has not yet been established, a phased tree retention and protection plan review is required as described in subsection (3)(a) of this section; ii. Accurate location of significant trees on the subject property and adjacent properties where the canopy and/or critical root zone of adjacent significant trees extend onto the subject property (surveyed locations may be required); The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 19 ATTACHMENT 1 Page 6/12 iii. Trees labeled corresponding to the tree inventory numbering system; iv. Location of tree protection measures; v. Indicate limits of disturbance drawn to scale around all trees potentially impacted by site disturbances resulting from grading, demolition, or construction activities; vi. Proposed tree status (trees to be removed or retained) noted by an "X" or by ghosting out; vii. Proposed locations of any required replacement trees as outlined in ECDC 23.10.080 and trees required to be planted in accordance with subsection (C)(5) of this section. Where replacement trees are proposed to be planted at a different location than the project site, a description of the alternate site and written approval from the property owner must be provided. c. An arborist report containing the following: i. A complete description of each tree's health, condition, and viability; d ii. A description of the method(s) used to determine the limits of disturbance (i.e., critical root zone, E root plate diameter, or a case -by -case basis description for individual trees); d E iii. Any special instructions specifically outlining any work proposed within the limits of the Q disturbance protection area (i.e., hand -digging, tunneling, root pruning, any grade changes, clearing, -a) monitoring, and aftercare); C U iv. For trees not viable for retention, a description of the reason(s) for removal based on poor health, a) high risk of failure due to structure, defects, unavoidable isolation (windfirmness), or unsuitability of ~ species, etc., and for which no reasonable alternative action is possible must be given (pruning, c cabling, etc.); v. Description of the impact of necessary tree removal to the remaining trees, including those in a p grove; loll 3. Additional Tree Retention and Protection Plan Standards for Short Subdivisions and Subdivisions. a. Phased Review. i. If during the short subdivision or subdivision review process the location of all proposed improvements, including the building footprint, utilities, and access, have not yet been established, the applicant may submit a tree retention and protection plan that addresses the current phase of development and limits removal to the impacted areas. ii. A new tree retention and protection plan shall be required at each subsequent phase of the project as more information about the location of the proposed improvements is known subject to all of the requirements in this section. C. Tree Retention Requirements. 1. General Tree Retention Requirements. Significant trees on lots proposed for development or redevelopment, except as substituted under subsection (17)(3) of this section, shall be retained as follows: Table 23.10.060.0 Tree Retention Requirements for Proposed Development Development Retention Required New single-family, short 30% of all significant trees in the subdivision, or subdivision developable site Multifamily development, 25% of all significant trees in the unit lot short subdivision, or developable site The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 20 ATTACHMENT 1 Development Retention Required unit lot subdivision Page 7/12 2. Trees that are located within native growth protection areas, critical areas and their associated buffers, or that have otherwise been designated for protection shall not be removed except as provided for in ECDC 23.10.040(E), hazard and nuisance trees, and ECDC 23.40.220(C)(8), critical area hazard tree. 3. The director may require the retention of additional trees to meet the stated purpose and intent of this chapter, as required by the critical area regulations (Chapters 23.40 through 23.90 ECDC), or the shoreline master program (ECDC Title 24) or as site -specific conditions demand using SEPA substantive authority. 4. In addition to the tree retention requirements in subsection (C)(1) of this section, every significant tree that is removed under this chapter must be replaced consistent with the requirements of ECDC 23.10.080. 5. For developing properties identified in subsection (A) of this section that have fewer than three significant trees, trees shall be retained and/or planted that will result in the site having at least three trees, which will be d significant at maturity, per 8,000 square feet of lot area. E c D. Priority of Tree Retention Requirements. Significant trees to be retained should be retained in the following order E of priority: Q d 1. Priority One. C U a. Specimen trees; H b. Significant trees which form a continuous canopy; o c. Significant trees on slope greater than 15 percent; d. Significant trees adjacent to critical areas and their associated buffers; and e. Significant trees over 60 feet in height or greater than 18 inches DBH. 2. Priority Two. a. Healthy tree groupings whose associated undergrowth can be preserved; b. Trees within the required yard setbacks or around the perimeter; c. Trees that have a screening function or provide relief from glare, blight, or commercial development; d. Other significant native evergreen or deciduous trees; and e. Other significant nonnative trees. 3. Priority Three. Alders and cottonwoods shall be retained when all other trees have been evaluated for retention and are not able to be retained except where adjacent to open space, wetlands or creek buffers. E. In considering trees for retention, applicants and the city shall avoid, to the extent known, the selection of trees that are mature and may be a fall hazard, including trees adjacent to utility corridors where falling trees may cause power outages or other damage. F. Tree Retention Procedures. 1. If a revised improvement placement would result in the retention of more and/or higher priority trees, the tree retention and protection plan should be adjusted to: The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 21 ATTACHMENT 1 Page 8/12 a. Maximize the retention of higher priority trees; and b. Satisfy the retention requirement in subsection (C) of this section. 2. This adjustment in subsection (F)(1) of this section must be done unless the applicant can demonstrate that actual compliance with subsection (C) of this section would make the proposed development infeasible. In documenting infeasibility, applicants of subdivision and short subdivision must consider implementing conservation subdivision design as provided for in ECDC 20.75.048. 3. Once the location of on -site improvements has been established through city review and applicant revision of the tree retention and protection plan, existing priority one trees not impacted by the installation of said improvements must be retained at least to the number of trees required by subsection (C) of this section, except for hazard trees and nuisance trees. 4. If there are not enough existing trees outside of the improved areas of the site to satisfy subsection (C) of this section through retention alone, the applicant shall be required to make up the deficiency as follows: N a. Planting a number of new trees on -site in accordance with ECDC 23.10.080 that would be sufficient, in .r c E combination with the number of trees actually retained, to satisfy subsection (C) of this section; and c d b. If it is not feasible for planting under this subsection, to achieve the required number of trees, the E applicant shall make a fee -in -lieu payment of $2,500 for every tree not planted pursuant to this subsection. Q d G. If a development retains 50 percent of the significant trees on a site, the fee -in -lieu provisions of ECDC �j 23.10.080(E) do not apply. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. i H 23.10.070 Tree protection measures during development. Prior to development activity or initiating tree removal on the site, vegetated areas, individual trees and soil to be N preserved in accordance with ECDC 23.10.060(B) shall be protected from potentially damaging activities pursuant V to the following standards: V A. Preconstruction Meeting Required. Prior to the commencement of any permitted clearing and grading activity, a w preconstruction meeting shall be held on site with the permittee and appropriate city staff. The project site shall be marked in the field as follows: d 1. The extent of clearing and grading to occur; 2. Delineation and protection of any critical areas and critical area buffers with clearing limit fencing; 3. Flagging of trees to be removed and tags on trees to be retained; and 4. Property lines. B. Placing Materials Near Trees. No person may conduct any activity within the protected area of any tree designated to remain, including, but not limited to, operating or parking equipment, placing solvents, storing building material or stockpiling any materials, or dumping concrete washout or other chemicals. During construction, no person shall attach any object to any tree designated for protection. C. Protective Barrier. Before development, land clearing, grading, filling or any land alteration, the applicant shall: 1. Erect and maintain readily visible temporary protective tree fencing along the limits of disturbance which completely surrounds the protected area of all retained trees, groups of trees, vegetation and native soil. Tree protective fencing shall be a minimum height of three feet, visible and of durable construction; orange polyethylene laminar fencing is acceptable. The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 22 ATTACHMENT 1 Page 9/12 2. Install highly visible signs spaced no further than 15 feet apart along the entirety of the protective tree fencing. Said sign must be approved by the director and shall state, at a minimum, "Tree and Soil Protection Area, Entrance Prohibited," and provide the city phone number for code enforcement to report violations. 3. Prohibit excavation or compaction of soil or other potentially damaging activities within the barriers; provided, that the director may allow such activities approved by a qualified professional and under the supervision of a qualified professional retained and paid for by the applicant. 4. Maintain the protective barriers in place for the duration of the project until the director authorizes their removal. 5. Ensure that any approved landscaping done in the protected zone subsequent to the removal of the barriers shall be accomplished with machinery from outside the protected zone or by hand. 6. Limit the time period that the critical root zone is covered by mulch, plywood, steel plates or similar materials, or by light soils, to protect the tree's critical root zone. N 7. In addition to the above, the director may require the following: .r c d E a. If equipment is authorized to operate within the protected zone, the soil and critical root zone of a tree must be covered with mulch to a depth of at least six inches or with plywood, steel plates or similar E material in order to protect roots and soil from damage caused by heavy equipment. Q b. Minimize root damage by hand -excavating a two -foot -deep trench, at edge of critical root zone, to d c U cleanly sever the roots of trees to be retained. Never rip or shred roots with heavy equipment. d L c. Corrective pruning performed on protected trees in order to avoid damage from machinery or building ~ activity. c d. Maintenance of trees throughout construction period by watering and fertilizing. ri r; D. Grade. 1. The grade shall not be elevated or reduced within the critical root zone of trees to be preserved without the director's authorization based on recommendations from a qualified professional. The director may allow coverage of up to one-half of the area of the tree's critical root zone with light soils (no clay) to the minimum depth necessary to carry out grading or landscaping plans, if it will not imperil the survival of the tree. Aeration devices may be required to ensure the tree's survival. 2. If the grade adjacent to a preserved tree is raised such that it could slough or erode into the tree's critical root zone, it shall be permanently stabilized to prevent soil erosion and suffocation of the roots. 3. The applicant shall not install an impervious surface within the critical root zone of any tree to be retained without the authorization of the director. The director may require specific construction methods and/or use of aeration devices to ensure the tree's survival and to minimize the potential for root -induced damage to the impervious surface. 4. To the greatest extent practical, utility trenches shall be located outside of the critical root zone of trees to be retained. The director may require that utilities be tunneled under the roots of trees to be retained if the director determines that trenching would significantly reduce the chances of the tree's survival. 5. Trees and other vegetation to be retained shall be protected from erosion and sedimentation. Clearing operations shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time. To control erosion, it is encouraged that shrubs, ground cover and stumps be maintained on the individual lots, where feasible. 6. The director may approve the use of alternative tree protection techniques if those techniques provide an equal or greater degree of protection than the techniques listed in this subsection. The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 23 7.A.a ATTACHMENT 1 Page 10/12 E. Directional Felling. Directional felling of trees shall be used to avoid damage to trees designated for retention. F. Additional Requirements. The director may require additional tree protection measures that are consistent with accepted urban forestry industry practices. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.080 Tree replacement. A. Replacement Required. Tree replacement is required for tree cutting permits required by this chapter and/or for tree removal associated with the development types identified in ECDC 23.10.060(A). Each significant tree to be removed shall be replaced as follows: 1. For each significant tree between six inches and 10 inches DBH removed, one replacement tree is required. 2. For each significant tree between 10.1 inches and 14 inches in DBH removed, two replacement trees are required. 3. For each significant tree greater than 14 inches and less the 24 inches in DBH removed, three replacement trees are required. B. No tree replacement is required in the following cases: 1. The tree is hazardous, dead, diseased, injured, or in a declining condition with no reasonable assurance of regaining vigor, for reasons not attributable to the development. 2. The tree is proposed to be relocated to another suitable planting site; provided, that relocation complies with the standards in this section. C. Prior to any tree removal, the applicant shall demonstrate through a tree protection and replacement plan, critical area mitigation plan, or other plans acceptable to the director that tree replacement will meet the minimum standards of this section. D. Replacement Specifications. 1. Minimum sizes for replacement trees shall be: a. One -and -one -half -inch caliper for deciduous trees; b. Six feet in height for evergreen trees. 2. The director may consider smaller -sized replacement trees if the applicant can demonstrate that smaller trees are more suited to the species, the site conditions, and the purposes of this section, and that such trees will be planted in sufficient quantities to meet the intent of this section. 3. Replacement trees shall be primarily native species. 4. Replacement trees must be planted within the city of Edmonds or its urban growth area. E. Tree Replacement Fee In Lieu. After providing clear documentation to development services that all replacement options have been considered and are infeasible, including arborist reports as necessary, the developer shall pay a fee -in -lieu for each replacement tree required but not replaced. 1. The amount of the fee shall be $1,000 multiplied by the number of trees necessary to satisfy the tree replacement requirements of this section and shall be deposited into the city's tree fund. 2. The fee shall be paid to the city prior to the issuance of a tree removal permit or associated development permit. The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 24 ATTACHMENT 1 Page 11/12 3. For each significant tree greater than 24 inches in DBH removed, a fee based on an appraisal of the tree value by the city tree protection professional using trunk formula method in the current edition of the Guide for Plant Appraisal shall be required. 4. In no case shall the fee -in -lieu payments required by this subsection exceed $2.00 per square feet of lot area. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 20211. 23.10.085 Protected trees — Notice on title. The owner of any property that included a tree(s) identified for retention and protection on an approved tree retention and protection plan, replacement in relation to a permit or plan, and/or permanently protected by easement, tract, or covenant restriction shall, as a condition of permit issuance, record a notice on title of the existence of such protected trees against the property with the Snohomish County auditor's office. The notice shall be approved by the director and the city attorney for compliance with this provision. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.090 Bonding. N A. The director may require a performance bond for tree replacement and site restoration to ensure the installation of c replacement trees, and/or compliance with other landscaping requirements as identified on the approved site plans. d E B. The bond shall be in the amount of 120 percent of the estimated cost of implementation of the tree replacement and/or site restoration including trees, irrigation and labor. E Q C. A two-year maintenance bond shall be required after the installation of required site improvements and prior to d the issuance of a certificate of occupancy or finalization of permit and following required landscape installation or U tree replacement. The maintenance bond shall be in place to ensure adequate maintenance and protection of retained trees and site improvements. The maintenance bond shall be for an amount of 15 percent of the performance bond or estimate in subsection (B) of this section. c D. The director shall exempt individual single-family lots from a maintenance bond, except where a clearing N violation has occurred or tree replacement is located within critical areas or critical area buffers. [Ord. 4227 § 1 (Att. Q A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. U 23.10.100 Violation, enforcement and penalties. A. Noncompliance with any section of this chapter constitutes a violation of this code. B. A violation of any of the provisions of this chapter shall constitute a misdemeanor and shall be punishable as provided in Chapter 5.50 ECC. C. Penalties. 1. Aiding or Abetting. Any person who, through an act of commission or omission, procures, aids or abets in the violation shall be considered to have committed a violation for the purposes of the penalty. All persons who have been found to commit a violation under this chapter shall be responsible for an equal share of any penalties imposed under subsection (C)(2) of this section. 2. Civil Penalties. Any person violating any provisions of this chapter shall have committed a civil infraction and may be subject to civil penalties in addition to any criminal penalties. Pursuant to Chapter 64.12 RCW, the city may be entitled to triple the amount of civil damages claimed or assessed. The extent of the penalty shall be determined according to one or more of the following: a. An amount reasonably determined by the director to be equivalent to the costs estimated by the city to investigate and administer the infraction; b. The economic benefit that the violator derives from the violation (as measured by the greater of the resulting increase in market value of the property or the value received by the violator or savings of construction costs realized by the violator performing any act in violation of this chapter); The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 25 7.A.a ATTACHMENT 1 Page 12/12 c. Removal of existing 12-inch diameter or larger trees in violation of this chapter will require an appraisal of the tree value by the city tree protection professional using trunk formula method in the current edition of the Guide for Plant Appraisal. The cost of the appraisal shall be paid by the person(s) who removed existing trees in violation of this chapter; d. Penalty for illegal removal of trees shall be $1,500 per tree less than 12 inches in diameter and the appraised value of trees 12 inches or more in diameter. Penalties shall be paid into the city tree fund. If diameter of removed tree is unknown, determination of the diameter size shall be made by the city arborist by comparing size of stump and species to similar trees in similar growing conditions; e. The cost of replacing and replanting the trees and restoring the disturbed area according to a specific plan approved by the city. Violators of this chapter or of a permit issued thereunder shall be responsible for restoring unlawfully damaged areas in conformance with a plan, approved by the director, that provides for repair of any environmental and property damage, and restoration of the site; and which results in a site condition that, to the greatest extent practical, is equivalent to the site condition that would have existed in the absence of the violation(s); i If illegal tree topping has occurred, the property owner shall be required to have a certified arborist develop and implement a five-year pruning schedule in addition to monetary fines and/or required tree replacement. 3. Civil penalties under this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the city. The notice shall describe the violation, the approximate date(s) of violation, and shall order the acts constituting the violation to cease and desist, or, in appropriate cases, require necessary corrective action within a specific time. 4. Any fiscal penalty recovered under this section shall be deposited in the city's tree fund as established in Chapter 3.95 ECC. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Aft. A), 2021; Ord. 4218 § 1 (Att. A), 2021] 23.10.110 Liability. A. Liability for any adverse impacts, damages or injury resulting from work performed in accordance with any permit issued by the city under ECDC 23.10.030 shall be the sole responsibility of the permit applicant and/or owner of the property or site for which the permit was issued, and shall not be the responsibility of the city of Edmonds. Issuance by the city of any permit under this chapter shall not be construed as an assumption of any risk or liability by the city of Edmonds, nor as a warranty or guarantee that the work authorized by the permit will have no adverse impact or will cause no damages or injury to any person or property. B. Issuance by the city of a permit under ECDC 23.10.030 and/or compliance by the applicant and/or property owner with any permit conditions therein shall not relieve an applicant and/or property owner from any responsibility otherwise imposed by law for any adverse impacts, injury or damage to persons or property resulting from the work authorized by any permit issued under this chapter. C. Nothing contained in this chapter shall be deemed to relieve any property owner within the city limits from the duties imposed under Chapter 9.25 ECC to keep any tree or vegetation upon his property or under his control in such condition as to prevent it from constituting a hazard or a nuisance. D. The amount of any security required as part of any land development permit with which tree removal is associated shall not serve as a gauge or limit to the compensation that may be owed by a property owner as a result of injury or damages to persons or property resulting from any tree removal authorized under this chapter. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 26 Attachment 2 7.A.b Edmonds City Council Approved Minutes June 21, 2022, Pages 21-23 (PREVIOUS) MOTION CARRIED UNANIMOUSLY. Mayor Pro Tem Buckshnis declared a 5 minute break at 9:29 p.m. 5. TREE CODE AMENDMENTS Acting Planning Manager Kernen Lien recalled in 2021, the council spent a significant amount of time developing a new tree code which was adopted for the final time in July 2021. At that time, there were discussions about stage 2 of the tree code update, but that has been delayed due to the director retiring and advertising for an urban forest planner. Now that a new director and an urban forest planner have been hired, phase 2 of the tree code is beginning. Urban Forest Planner Deb Powers reviewed the Tree Code Update Phase II: • Context (public benefits of trees illustration) • Tree code update scope o ECC Chapter 23.10 Tree Related Regulations • Project Scope o Objectives ■ Follow council prior direction ■ Develop draft code that allow: ■ Certain number of tree removals at a time ■ Time period between allowed removals ■ Limited landmark tree removals ■ Consider minor changes to current code ■ Council prior direction related to regulating property owner tree removals ■ Simplify! ■ Minor code updates — don't change intent of code o BMPs, industry standards o Interpretation issues/challenges ■ Reflect canopy data findings o Landmark trees o Forest patches ■ Continue to implement UFMP goals ■ Council minutes reflect concern with how goals in UFMP would be implemented in relation to phase 2 code amendments ■ 12 UFMP goals have been achieved since UFMP was published in 2019 o Estimated project timeline ■ June 2022-June 2023 - Monthly Planning Board Meetings ■ June 2022: Project Scoping ■ July 2022: Tree Board Retreat ■ Aug 2022 - Jan 2023 Public Engagement Packet Pg. 27 7.A.b Attachment 2 ■ September 2022: Joint Tree Board -Planning Board Retreat ■ November 2022: Council check -in ■ Jan 2023: Joint Tree Board -Planning Board Retreat ■ April 2023: Council Check -in ■ June 2023: Final Code Adoption o Planning Division Work Plan — OF Efforts ■ Development permit review (ongoing) ■ Property owner tree removals (ongoing) ■ Code enforcement (ongoing) ■ Tree Code Amendments ■ Street Tree Plan — Parks, Public Works, Planning ■ Review UFMP goal implementation (2024) Ms. Powers advised staff is not seeking council action; council direction is welcome. Councilmember K. Johnson observed during the past year one citizen, Linda Ferkingstad, has provided comment to the council on a weekly basis regarding property where she wanted to develop three homes. She encouraged staff to include Ms. Ferkingstad in the community engagement because she is very upset and concerned and anything staff can do to communicate with her would be a step in the right direction. Ms. Powers advised a stakeholder list is being developed and Ms. Ferkingstad would be a great stakeholder. Councilmember Tibbott said he was not on council during the last deliberation. He liked the idea of limiting the number trees that can be removed at one time and establishing a period of time before others can be removed. He did not see a recommendation in the materials regarding replacing trees. For example, someone may remove a very large native tree and replace it with two fruit trees. A requirement to replace with native trees may be appropriate. With regard to limiting the number of trees that can be removed, he recalled talking with a neighbor about diseased trees in another neighbor's yard. He suggested the City would not want to limit the removal of diseased trees, but there should be an expectation for replacement. Councilmember Tibbott said his house was built in the 1960s so at one point all the trees were cleared except for one very large, well placed tree that he did not expect to ever remove. Another neighbor also has a very large, perfectly placed native tree. Replacing trees with better placed trees on the lot is preferable to just removing trees. Ms. Powers said options 5 and 6 provided to council and included in the memo address tree replacement. Councilmember Tibbott asked if there was a recommendation related to the size of a replacement tree. Ms. Power said that will be considered. There is currently 1:1 which may not be sufficient when a very large or landmark tree is removed and replaced with a new 2" tree. There can also be replacement requirements based on the size of the tree, for example the trunk diameter of the tree removed equals a certain number of replacement trees. Councilmember Tibbott said he was open to recommendations, but was not opposed to a 1:1 replacement as long as the replacement tree was larger. It was his understanding that larger trees with larger root balls grow more quickly. Ms. Powers said larger trees also provide more Packet Pg. 28 7.A.b Attachment 2 benefits. The development code replacement requirements are related to the size of tree that is removed. She suggested starting there. Councilmember Paine commented review of the tree code last year was a lot of work and a lot of changes were made from dais so she was certain there were some repetition in the existing code. She strongly encouraged consideration of permitting for all tree removal. It could be a low cost permit; tracking permits will allow the City to track loss of canopy and degradation of the environment. She commented on the importance of concentrating on canopy preservation. The preserved canopy and developing the canopy more fully conveys a lot of benefits to the greater community. She was glad Ms. Powers had been hired and was also pleased with the development code changes, moving away from the destruction of every blade of grass to preserving some tree canopy. She looked forward to more discussion. Councilmember Chen said he was not on the council for the last round of tree code discussions. Protecting the environment is of utmost importance for the community and he thanked staff for their hard work in that regard. He recalled while campaigning, having conversations with homeowners who were concerned with the City implementing a tree code and sacrificing their private property to retain trees. He encouraged staff to look at options such as establishing a tree fund to compensate property owners who have problems with their trees such as diseased trees or trees on property they are planning to develop. He suggested looking at ways to give them the freedom to the replace trees so they can realize their dreams while protecting the trees and the environment. Ms. Powers said with the adoption of the tree code for development last year, a tree fund was established as a result of trees mitigation. For example, if trees were required to be planted for development and the site was too small or other reasons, the applicant can pay fees in lieu of planting. There are very specific expenditures from the tree fund that are outlined in the code. The fund also includes penalties and fees from unauthorized removal. Councilmember Chen emphasized the need to inform homeowners about those resources via social media or other methods. Mayor Pro Tem Buckshnis said she was on tree board for five years. Last year, everything was handled very disjointedly late at night so the code needs to be simplified. She offered to provide Ms. Powers information from last year instead of her reviewing all the minutes. She recommended looking at the design standards which were blindly passed and did not address 20.48.075, conservation subdivision design standards. She agreed with Councilmember Paine about a low cost permit process for tree removal because people are still removing trees. She also was interested in a heritage tree program. The tree board was not supportive of a heritage tree program because it could eventually get diseased. The tree board wanted other ways to incentivize or recognize trees. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER CHEN, TO EXTEND FOR 15 MINUTES. MOTION CARRIED (5-1), COUNCILMEMBER PAINE VOTING NO. Councilmember K. Johnson said a lot had been done with codes and penalties and suggested thinking about a carrot approach. For example, a program where a homeowner is given $1000 to Packet Pg. 29 7.A.b Attachment 2 preserve a landmark tree or maintain a tree on their property. She anticipated more trees could be saved that way. With the existing tree code, people are cutting down trees because they don't want to be charged to remove them as evidenced by a lot of logging occurring in her neighborhood. She encouraged staff to look at what other communities are doing or incentives to protect trees from removal. Ms. Power agreed there are many tools for preserving healthy, sustainable urban forest and codes and a regulatory approach is one of the tools. Within the scope of implementing the goals of the UFMP, a lot of the incentives for a heritage tree program already exist and it is simply a matter of implementing them as resources allow. The conservation subdivision, which is within the framework of a regulatory approach, is an r incentive for developers to retain more trees, and that has worked. This project will focus on the E regulatory side since it is a code update, but consideration will also be given to other incentives 3 in the code, public education, the work the tree board does, etc. along with the tree code update. E a 6. PRESENTATION OF 76TH AVE. W (a), 220TH ST. SW INTERSECTION IMPROVEMENTS PROJECT UPDATE a� a� L Packet Pg. 30 ATTACHMENT 3 Planning Board Meeting Minutes July 13, 2022, Page 7 of 9 MOTION PASSED UNANIMOUSLY. Mr. Clugston said staff would look at the extended agenda to see when they could bring this back. NEW BUSINESS A. Phase II Tree Code Amendments. The City's new Urban Forest Planner, Deb Powers, made a presentation regarding the Phase II c Tree Code Amendments. She briefly reviewed the benefits of trees which is the basis of the tree codes. The City of Edmonds' Urban Forest Management Plan (UFMP) is the guidance document which has a goal (Goal IA) of updating tree regulations "to reduce clearcutting or other E development impacts on the urban forest and consider changes to tree replacement requirements and penalties for code violations." This was accomplished last year with the adoption of the o current Tree Code. At that time the Council indicated they wanted to consider codes that limit property owner tree removal with what is known as the Phase II Code Amendments. Council's preferred options for property owner tree removals was to limit the number of tree removals, have a certain waiting period between removals, and consider limiting landmark tree removals without a permit or fees. Questions related to this are: a� a� • What should trigger a permit or fees? • Should there be a minimum number of existing trees? a • What about replacements? There is now consideration of expansion of the Phase II Code Amendments. The expanded scope would be to limit property owner tree removal, consider minor changes to the current code (both development and property owners) and continue UFMP implementation. Minor code amendments relate to simplifying the code, align with Best Management Practices (BMPs), streamline the review process, address code interpretation issues, and address canopy study findings. Attachment 2 is a list of the preliminary code amendments with justification and pros and cons of the proposed amendments. Ms. Powers solicited Board feedback about the scope of the project and the general approach. Comments/Questions: Board Member Cloutier spoke in support of the scope and acknowledged the challenge of balancing tree preservation with personal freedoms. Board Member Rosen also agreed with the scope and welcomed Ms. Powers to Edmonds. Vice Chair Pence asked about the community engagement process. Ms. Powers replied that tree codes are complex and controversial. She stated that there will be a robust public engagement process. The Planning Board will be hearing Director McLaughlin's presentation about the equitable engagement framework which will be used for the outreach. Some methods of Packet Pg. 31 7.A.c ATTACHMENT 3 collecting public feedback include: a community survey, events like the farmers market, possible open houses, and developing stakeholder lists by groups. Vice Chair Pence asked about the possibility of ending up with a code that is acceptable to all stakeholder groups. Ms. Powers replied that would be ideal but acknowledged there are very polarizing points of view with regulating trees on private property. The goal is not necessarily to please everybody. Board Member Gladstone acknowledged the difficult task of developing this code. She hopes the public feedback that they receive will include what types of solutions people have and not just their likes and dislikes. Ms. Powers agreed that this will be important and what they hope to draw out of people. She discussed the challenges of balancing growth with a livable city and E environmental quality. E Vice Chair Pence suggested focusing on incentives rather than penalties. He suggested fewer a as "sticks" and more "carrots". Ms. Powers agreed and noted that the UFMP is a toolbox that c includes both "carrots" and "sticks". a� L Board Member Cheung pointed out the importance of protecting the interests of people who ~ might be impacted by this but don't know it yet. a PLANNING BOARD EXTENDED AGENDA WE Mr. Lien reviewed and facilitated discussion regarding the extended agenda and pending items for future Packet Pg. 32 ATTACHMENT 4 PRELIMINARI Tree Code Amendment List 7.A.d Applies to ECDC 23.10... Development or Current Code Summary Description of Code Modification Policy Impact' Property Owner? 6/21/22 - City Council: follow prior (2021) direction to limit number of property owner tree removals within a specific timeframe. Don't require 030-050 Property Owner Not in current code permit/fees, but track removals over time using a notification process that can check for conditions like critical areas. Allow limited Landmark Major tree removal, with notification. Additional feedback: consider replanting standards for replacement of tree removals, consider no/low-cost permits for all property owner tree removals. 6/21/22 — City Council: include minor changes to the current code related to development: simplify, update for consistency with 060, 080 & Development Pertains to all development -related tree BMPs/industry standards, adjust the code to reflect recent canopy cover data, and address code interpretation issues that have arisen since Minor 20.75.048 codes its adoption. Consider changes to the Conservation Subdivision design standards, ECDC 20.75.048 [i.e., require a minimum tree retention threshold, move to ECDC 23.10 so it's more visible]. All Both General code -writing approach, code Reorganize disparate sections, use charts in place of narrative code language where appropriate, use "allowance" instead of "exemptions." Moderate organization & formatting Justification: consider a broader diversity of code users, ensure greater compliance, streamline review process. "Developable site" definition, especially Revise definition/language for consistency throughout Chapter, versus "non -developable areas," "outside the improved areas," etc. Consider 020.D Development when considering sites with critical prioritizing tree retention by location, defined as "outside the building envelope" or "within setbacks." Moderate areas Justification: Clarify, simplify code, streamline review process. 020.H Both Hazard tree definition Add "target" language and specify TRAQ `High' or `Extreme' overall tree risk rating. None Justification: Update for consistency with industry standards, streamline review process. Add "viable" or define by condition based on industry standards. Define grove tree locations on a development site (see "developable site" Definition: Minor 020.1 Development Grove definition under Current Code Summary). Consider groves as high retention value/high priority trees. Applied: Justification: Slow loss of "forest patches" with development in response to canopy study findings, protect ecological functions. Moderate -Major Not in current code: define Landmark Define Landmark trees (>24" DBH) for removal limitations per Council direction. Do not define by location or condition, that's only applicable 020 Both tree on development sites for retention/removal criteria. Major Justification: Slow the loss of canopy cover due to large tree removal with development and by limiting property owner large tree removals. Use TPZ (Tree Protection Zone) throughout Chapter. 020.L Development Limits of Disturbance definition Justification: Update for consistency with industry standards, clarify that tree protection fence locations mark the limits of disturbance on None development sites. 020.N Property Owner Nuisance tree definition Define "causing significant" physical damage (add "obvious in photo"?) None Justification: clarify code, establish nuisance criteria versus a perceived nuisance. 020.Q Both Qualified professional definition Add Board Certified Master Arborist None Justification: Update for consistency with industry standards. 020.X Development Viable tree definition Add "subject to City review/approval." Consider defining tree condition for trees retained with development (see 23.10.060 D and F). "downgrading' Minor Justification: clarify development review process. Eliminate the practice of tree condition to avoid mitigating removed trees. 030 Development Doesn't list all scenarios where tree Add "D" to address MF/COMM and all related permits, i.e., grading, demolition, etc. Should be consistent with new language in 060.A. Moderate plan review occurs Justification: clarify code and streamline review process, versus regulate by omission of clear language. 030 Property Owner Attempts to address when a permit is Add "E" to clarify scenarios where a Type 1/landscape modification permit is currently required. Address HOA scenarios? Moderate required for property owner removals Justification: clarify code and streamline review process, versus regulate by omission of clear language Exemptions/exceptions, other double Replace "exemptions" with "allowances" to define what IS allowed, versus what's NOT. Eliminate double negative language: "exceptions to 030.B Both negatives exemptions... trees that do not meet the exemptions may be..." and "not specifically exempted in 040..." (does that mean A through E?). Minor Justification: Simplify/clarify to avoid confusion, increase compliance and result in a more streamlined review. Tree removal not associated with See above regarding allowances. Clarify requirements for Type 1 permit/Landscape Modification, what's allowed on vacant/subdividable 040.A Property Owner development lots, for MF/COMM development, etc. Minor Justification: Clarify code and streamline review process, versus regulate by omission of clear language. Consider requiring a permit for tree removal in critical areas, for trees that meet hazard/nuisance criteria to address code enforcement 040 & 050 Property Owner Tree removal in critical areas issues and lack of penalty fine collection. Consider whether Type 1 "tree cutting permits" are equitable/fair. Consider appeals process. For Major 23.10.04.13, reference <6" DBH brush removal (23.40?). Consider if applicant could opt to pay fees in lieu of replanting 2:1 in critical areas. c a� E c a� E Q a� 0 U a� a� Mn J c W E Q W 0 U a� a� L c W Q r c a� a Revised 919122 Packet Pg. 33 ATTACHMENT 4 PRELIMINARY Tree Code Amendment List 7.A.d Applies to ECDC 23.10... Development or Current Code Summary Description of Code Modification Policy Impact' Property Owner? Justification: Simplify/clarify to avoid confusion, increase compliance and result in a more streamlined review. Protect and avoid negative impacts to critical areas. Slow the loss of canopy cover due to large tree removal in critical areas and loss of "forest patches" in response to canopy study findings, protect ecological functions. 040.C.2 Property Owner Emergency tree removal Clarify process, state purpose. None Justification: this has been used out of context to avoid submitting a permit or sidestep City review of tree removals. What "may" be removed with Clarify — does "may be removed" negate 040.A.1? Specify if nuisance criteria apply in critical areas. Clarify that hazard/nuisance does not "rectify" "remedy" 040.F Property Owner documentation apply to vacant lots (unless targeting adjacent property structures). Strike and replace with or other. Moderate Justification: Simplify/clarify to avoid confusion, increase compliance and result in a more streamlined review. 30%, 25% tree retention thresholds Examine how these are working. Is emphasis placed on "meeting a quota" instead of retaining trees of merit (quantitative vs qualitative)? 060 Development and "priorities/procedures for retention" Revise "priorities/procedures so retention focus is on high -value viable trees located in setbacks or other defined non -buildable areas. Moderate Justification: Simplify/clarify to avoid confusion, increase compliance and result in a more streamlined review Clearly identify related development permits that require tree retention plans (demolition, clearing/grading, etc.) and tie to new language in 060.A Development "...in conjunction with..." 030 for consistency. None Justification: Revise for consistency and to clarify code. Consider striking... is tree retention even feasible with MF development, considering typical lot coverage, parking, fire lane requirements, 060.A.3 Development MF/COMM development tree retention etc.? How often are existing trees retained within required buffers with MF developments? Could MF/COMM landscaping requirements and Moderate requirements required buffers be formatted in a chart for streamlined review? Justification: Simplify/clarify to avoid confusion, increase compliance and result in a more streamlined review 060.A, last "...establish tree retention priorities, Clearly identify in the code using consistent/uniform terms (example: Conservation Subdivision is an incentive). Consider referring to sentence Development incentives, and variations to incentives in UFMP. Minor development standards..." Justification: Revise for consistency and to simplify/clarify code. 20.75.048 & Move to 23.10? Identify it as an incentive and an alternative to phased review. Establish specific (high) minimum retention requirements. 060, Development Conservation Subdivision See phased review below. Moderate -Major 060. F.2 Justification: Revise for consistency and to simplify/clarify code. 060.A.2 Development Tree Retention Plan requirements Add "viable" where needed alongside "significant" so that dead trees don't count to meet thresholds. None (report, site plan, etc.) Justification: Simplify/clarify to avoid unintended code interpretations. 060.A.5 Development "...any tree removal on developed sites Clarify and/or add examples. Consider restating as what IS allowed versus what's not. Tie into new language in 030 for consistency. Minor not exempted... Justification: Revise for consistency and to simplify/clarify code, streamline review process. Plan tree retention as early as possible in the design phase with short plats/subdivisions. Disincentivize phased review which results in 060.B.3.a Development "Phased" Development excessive tree removal (and unsuccessful retention). Allow developers to remove trees at one time. Avoid public perception of greater tree "Integrated Minor retention. Make Development Plans" (IDP) and/or Conservation Subdivision the norm versus phased development review. Justification: Increase successful tree retention on development sites. 060.B.2.b.iv Development Tree protection fence locations may crisscross or duplicate other limits of Allow silt fence per TESC requirements satisfy tree protection fence if locations are the same, vs duplicate fencing None disturbance/fence boundaries. Justification: Encourage accurate and complete tree retention plan submittal, resulting in a streamlined review process. Clarify what's meant by "except as substituted under subsection F(3)" — is that a typo? Is it referring to hazard trees? F3 refers to 30% 060.C.1 Development Typo? threshold and retention priorities... Unclear Justification: clarify/simplify code 060.C.1 Development 30% or 25% retention requirements Round up or down? Justification: clarify code Moderate Examine tree retention effectiveness versus time spent in review. If MF zoning allows max build -out and greater impervious surface areas 060.C.1 Development 25% retention requirement for MF, unit for fire lanes, parking, other structures, (and tree planting is required per MF landscaping requirements/buffers anyway), is 25% retention Major lot subdivision, etc. attainable? If not, could fees in lieu be considered a takings challenge? (Note that COMM/industrial zoning allows 100 /o lot coverage). See RCW 82.02.020. a Revised 919122 Packet Pg. 34 ATTACHMENT 4 PRELIMINARI Tree Code Amendment List 7.A.d Applies to ECDC 23.10... Development or Current Code Summary Description of Code Modification Policy Impact' Property Owner? Justification: Simplify code and streamline review process, account for tree planting on MF sites through buffer/landscaping requirements. 060.C.2 Development Typo? " ...except as provided for in ECDC 23.10.040.E..." (should be F) Unclear Justification: Clarify code Reformat to chart form and adjust priorities. Priority One is too subjective — replace with specific criteria for qualitative tree retention. Strike "over 60 feet in height" and replace with (new) Landmark definition. Move "trees within required yard setbacks," groves and critical areas to 060.D, F Development Tree Retention "Priority and Priority One! `meeting Moderate Procedures" Justification: Simplify code. Ensure trees worthy of retention are as (or more) important than a quota." Streamline review process Slow the loss of canopy cover due to large tree removal in critical areas and loss of "forest patches" in response to canopy study findings, protect ecological functions. 0605.3 Development Typo? Strike "must," replace with shall. Consider clarifying language on viable trees vs. using "except for hazard/nuisance trees" ... None Justification: Code clarity/consistency. Clarify "outside of the improved area of the site..." use setbacks, building envelope or other defined location of high retention value trees. 0605.4 Development If 30% retention cannot be met... Address code interpretation issues that arise if entire site is encumbered by critical area. Moderate Justification: Code clarity/consistency Typo? How to make up deficiencies "...planting a number of new trees on -site in accordance with ECDC 23.10.080..." doesn't make sense. 080 refers to replacements by the 060.F.4.a Development meeting 30% retention requirement size of what's removed, which duplicates 060.C.4 requirements. Should it be # of trees to meet 30%? Minor Justification: Code clarity/consistency 060.F.4.b Development If 30% retention cannot be met... Clarify so that "to achieve the required number of trees" relates to meeting 30% retention threshold. Minor Justification: Code clarity/consistency 060.F.4.b - $2,500ofor each tree not Examine use/effectiveness of each. Reformat under one "mitigation" section. Consider striking to simplify code, since the $2 per square foot 060.F.4.b & 080.4. Development planted planted to meet 30% 080.E1 - meet for each replacement 0 "cap" and 50 /o retention incentive are used instead. Combine with 060.F.4.b as "mitigation"? Moderate tree required for each removed tree Justification: Simplify code, streamline review process, provide greater code clarity 060.G Development 50% retention incentive State that it's an incentive. Add "viable" to the word "significant" so dead trees don't count towards 50% None Justification: Simplify code, address code interpretation issues. 070.A Development Pre -construction fence inspections Strike. This is a procedure dependent on resources, not a code. Moderate -Major Justification: address fence inspection issues/process according to available resources Requires payment of appraised value Revise to require tree planting 1 s', before assessing fees in lieu. Do not base fees on appraised value — either provide a simple formula or 080.E.3 Both? of trees >24" DBH removed with calculation (appraised value is too onerous, subjective, logistically problematic with phased development, etc.). Legal doesn't like flat rate. Moderate development. Justification: Simplify code, streamline review process. 080.E.4 Development Fee in lieu "cap" at $2 per square foot Examine. Does the "cap" inadvertently result in no replanting and/or no fees in lieu of trees >24" DBH removed with development? Moderate Justification: Simplify code, streamline review process, allow mitigation via planting before assessing fees in lieu 080.A.1-3 Development Tree replacement requirements Reformat to chart form. Consider adjusting range of tree sizes to include 24" tree removal replacements by planting 3 or more trees. Minor Justification: Simplify code, streamline review process, allow mitigation via planting before assessing fees in lieu. The current code uses 4 different mitigation methods. Consider using one methodology/calculation to determine the minimum number of 060.C.5, Development, trees to be replanted. For example: x number of trees per area (or square feet), or x number of trunk diameter inches per area (also known 0605, Both Tree replacement requirements as minimum required tree density). Examine if replacement requirements on heavily treed/larger treed lots are equitable with replacement Moderate 080.A.1-3 requirements on properties with few/no trees. Justification: Simplify code, streamline review process, use equitable tree replacement methodology Typo? Might need separate 080.A Development replacement requirements to meet Does not correlate to 060.F.4.a (30% retention threshold) since 080 replacements relate to # trees removed. Moderate 30% and for new property owner tree Justification: Clarify and address code inconsistencies removal allowances a Revised 919122 Packet Pg. 35 7.A.d ATTACHMENT 4 PRELIMINARI Tree Code Amendment List Applies to ECDC 23.10... Development or Current Code Summary Description of Code Modification Policy Impact' Property Owner? Situations when tree replacements are Use "viable" throughout ECDC 23.10 where appropriate. (Apparently "dead, diseased, injured, declining condition" is too subjective). Define 080.13.1 Development not required tree condition? Minor Justification: Simplify/clarify code, streamline review process. 080.E Both? Unclear What does "including arborist's reports mean?" Minor Justification: Code clarification. 080.E Development Typo Replace "developer" with "applicant" and use term "City" vs "development services" None Justification: Code clarification and consistency. Does "for each replacement tree required but not replaced" refer to the number of trees needed to meet 30% threshold? Or does it apply to 080.E Both? Tree replacement fees in lieu the number of trees removed per ECDC 23.10.060.F.4? Minor Justification: Code clarification and consistency 080.E Both Fees -in -lieu paid into Tree Fund Provide code reference/link to ECDC 3.95 (Tree Fund) throughout 23.10 Minor Justification: code clarification and consistency 080.E.1 Both? $1,000 per tree fees in lieu Examine effectiveness. Does that apply to >24" DBH trees too? Consider striking in favor of a single mitigation system/formula. Moderate Justification: Code clarification and consistency, simplify code. Clarify that appraisals are to be submitted by applicant, subject to City review. Or consider emphasis on mitigation through planting first, Tree appraisals for >24" DBH trees before assessing fees in lieu. Consider fees in lieu based on a codified formula (versus appraised values). 080.E.3 Both? removed Justification: appraisals are too subjective, hinder a streamlined review process and cannot be done if trees have been removed during a Moderate phased development. Note that removed trees >24" DBH are not mitigated through replanting, especially on larger, heavily wooded sites where applicant opts for $2 per square foot "cap". Examine effectiveness of code and related procedures regarding protected/newly planted trees. Why would SF lots "be exempt from" Performance and maintenance bonds protected/new tree maintenance? Consider emphasizing maintenance in the Protected Tree Notice on Title or replace with a 3-5 Year 090.A-D Both? for protected and new trees Maintenance Agreement. Consider bonds for commercial landscapes (MF) only. Moderate Justification: decrease post -development tree mortality. Increase awareness of post -development tree maintenance responsibilities. Clarify and simplify code and streamline review process and related procedures, documents, etc. New ? Not in code, not in UFMP Consider regulating tree height (like structures and fences). Examine case law, see MRSC resources on regulating tree height. Major Justification: should City codes address or resolve view issues between property owners? Consider a program that compensates property owners for retention of large trees with development (Transfer of Development Rights New Development Not in code, not in UFMP program). Uses funds collected from fees in lieu of replanting or through a new account [Check with Finance]. See state law for TDR. City Major INCENTIVE Legal to draft covenant template, property owner required to submit with site plan, (+maintenance plan?), recorded on title of property. Justification: Trees/groves that meet certain criteria are protected in perpetuity. Preserve canopy cover and protect ecological functions. New Property Owner Not in code, not in UFMP Voluntary Tree Conservation Easement (Covenant?). City Legal to draft covenant template. Major INCENTIVE Justification: Trees/groves that meet certain criteria are protected in perpetuity. Preserve canopy cover and protect ecological functions. 'POLICY IMPACT None Amendments that in no way change the meaning of the current code. They clarify/simplify or further define something already in the code, address typos and redundancies, and/or result in simple reformatting or removal of outdated references. Minor Amendments include updates to Best Available Science, Best Management Practices, industry standards, etc. that do not result in changes to code intent or an increase in requirements. Moderate Relatively uncontroversial restructuring of code sections, and any of the above that result in new, increased or eliminated requirements without additional cost to permit applicants or procedural changes that require additional resources. Major Add a substantial prohibition/ban on something currently allowed, or extensive new requirements. Includes amendments that result in significant changes to existing procedures or significant additional cost to permit applicants, and/or change the intent of the code. r a Revised 919122 Packet Pg. 36 ATTACHMENT 5 7.A.e DEVELOPMENT SCENARIO 1 10,000 square foot lot, 10 healthy trees >24" DBH. Can only retain 5 trees. How many trees are required to be planted? Are fees in lieu required? ----- ---------------------I I I I I I I I I I I I I I I I I I I I I — — — ------------I c a� E c as E Q m 0 U m L Packet Pg. 37 ATTACHMENT 5 7.A.e DEVELOPMENT SCENARIO 2 10,000 square foot lot, 10 healthy trees >24" DBH. Can only retain 3 trees. How many trees are required to be planted? Are fees in lieu required? --- — -- --------------------- I I I I I I I I I I I I I I Packet Pg. 38 ATTACHMENT 5 7.A.e DEVELOPMENT SCENARIO 3 16,000 square foot lot, 10 healthy trees: 5 are 12" DBH, 5 are >30" DBH. Retaining one of each size. How many trees are required to be planted? Are fees in lieu requi I I I I I I I I I I I �I I I I I I I I I I I I I I I I I I I I Packet Pg. 39 7.A.e ATTACHMENT 5 4 DEVELOPMENT 16,000 square foot lot in RS-8 zone, subdivided into a 2-lot short plat 10 healthy trees: 5 are 12" DBH, 5 are >30" DBH How many trees are required to be planted? Are fees in lieu required? Packet Pg. 40 ATTACHMENT 6 7.A.f CITY OF EDMONDS TREE BOARD Summary Minutes of Regular Meeting August 4, 2022 CALL TO ORDER AND ROLL CALL Vice Chair Bill Phipps called the Tree Board meeting to order at 6:02 p.m. Board Members Present Bill Phipps, Vice Chair Chris Eck Bill Grant Andy Lyon Ross Dimmick (Alternate) Board Members Absent Wendy Kliment (excused) Janelle Cass, Chair (excused) Crane Stavig LAND ACKNOWLEDGEMENT — ROLL CALL Vice Chair Phipps read the Land Acknowledgement. AUDIENCE COMMENTS There were no audience comments. MINUTES: l . Approval of July 7, 2022 Tree Board Minutes Staff Present Deb Powers, Urban Forest Planner Other: Laura Johnson, Edmonds City Council Representative (excused) The July 7, 2022 Tree Board minutes were approved as presented. APPROVAL OF AGENDA Vice Chair Phipps asked to discuss a note he received about ongoing tree plantings at Edmonds Elementary School under New Business. The agenda was approved as amended. Tree Board Meeting Minutes August 4, 2022 Pagel of 3 Packet Pg. 41 ATTACHMENT 6 UNFINISHED BUSINESS: 1. Annual/Ongoing Events Report out: Garden Tour — Ms. Powers reported on the garden tour. The tree ID signage was a big hit as an educational tool. There was some discussion about where to store the signs and whether or not to remove the stakes from the laminated portion. Vice Chair Phipps will contact the Council Assistant to see if they can be stored in the Council office. to r Update on Summer Farmer's Market Booth — Vice Chair Phipps reported that they cashed the check so the booth is confirmed for October 1. He has planted about 30 conifers from his brother-in-law in gallon- E size containers to be given away at the Farmer's Market booth. They still need some trees that are small to medium size when mature (about 30 of each size) for giveaways. Board Member Lyon and Vice Q Chair Phipps will look at Sky Nursery for two trees to raffle off. More brochures need to be printed. -°'a Vice Chair Phipps will need help transporting the trees. Board members will be needed to staff the v booth. Board Member Eck volunteered to help with transport and with staffing the booth. Board a Member Lyon offered his truck to transport trees. Vice Chair Phipps asked if anyone else is interested in helping to contact him prior to the next meeting. Y? 2. Special Events/Projects Sierra Park interpretive sign project update — Board Member Grant reported on a Zoom meeting he and Vice Chair Phipps had with Parks Director Angie Feser regarding Sierra Park. There is a new chair for the Lion's Club who has met with Director Feser to discuss their involvement the park. Director Feser will be attending a board meeting at the Lion's Club on August 17 to discuss how they want to proceed. He would like to work on getting more tree labels up in the park. Board Member Lyon suggested the Tree Board purchase signs even if the Lion's Club doesn't do that. The Lion's Club used to maintain the park, but that hasn't been done lately. Board Member Grant will provide a list of trees that need signs to Board Member Lyon to review and confirm. Tree Walk at City Park — There was interest in the event but consensus to table the discussion for the next meeting when Member Kliment would be present. Tree code mock scenario "pop quiz," discuss proposed code amendments list — Ms. Powers discussed issues with code complexity, that it should be easy for all users. Board members discussed various code interpretations relating to different mock scenarios and possible code amendments/clarifications. Questions and answers followed. There appeared to be concern about the code's effectiveness with tree retention and replanting on development sites and collection of fees -in -lieu for tree replanting elsewhere. There was concern that the requirements are not equitable when applied to the heavily treed lots, versus less heavily tree lots. Vice Chair Phipps brought up the concept of net ecological gain and stated that any tree that is removed should be replanted. Ms. Powers agreed, said critical area requirements are an example of how that can be achieved. Ms. Powers said code should emphasize tree retention, then replanting, then fees in lieu to replant elsewhere in the city in order of priority. • Planning Board Tree Code update briefing report out —The new date for the joint meeting with the Planning Board is October 12. This gives the tree board two more meetings to delve into this topic. Tree Board Meeting Minutes August 4, 2022 Page 2 of 3 Packet Pg. 42 ATTACHMENT 6 NEW BUSINESS 1. ECDC 1.05.0101 — Ms. Powers reviewed rules related to absences and reminded members to let the Chair know if they can't make it to a meeting. 2. Mission statement — Ms. Powers explained that Chair Cass feels that the Board needs to have a clear mission statement. This item was continued to the next meeting when Chair Cass would be present. TREE BOARD CHAIR, MEMBER COMMENTS E Vice Chair Phipps commented on the Board's desired level of involvement with the tree code amendment project and the complexity of the issues. Ms. Powers commented that the Board has an advisory role with the E Council and has committed to making a written recommendation to Council. Members discussed their comfort a level with looking at and commenting on a pre -written draft code and advocating for the community. 0 ADJOURNMENT a� The meeting was adjourned at 9:20 p.m. Next meeting: September 1, 2020 Tree Board Meeting Minutes August 4, 2022 Page 3 of 3 Packet Pg. 43 ATTACHMENT 7 Chapter 23.10 TREE RELATED REGULATIONS Page 1/13 Sections: 23.10.000 Intent and purpose. 23.10.010 Administration authority. 23.10.020 Definitions. 23.10.030 Permits. 23.10.040 Exemptions. 23.10.050 Tree removal prohibited. 23.10.060 Tree retention associated with development activity. 23.10.070 Tree protection measures during development. 23.10.080 Tree replacement. 23.10.085 Protected trees — Notice on title. aD 23.10.090 Bonding. E 23.10.100 Violation, enforcement and penalties. 23.10.110 Liability. a� o U 23.10.000 Intent and purpose. The purpose of this chapter is to establish a process and standards to provide for the evaluation, protection, enhancement, preservation, replacement, and proper maintenance of significant trees. This includes the following: 0 A. Implement the goals and objectives of the city's urban forest management plan; < > N U B. Implement the goals and objectives of the city's comprehensive plan; V w C. Implement the goals and objectives of the city's climate action plan; Z a� D. Preserve, through design and intention, wildlife corridors and habitat; _J 0 z E. To promote the public health, safety, biodiversity, environmental health and general welfare of the residents of Edmonds, provide greenhouse gas emissions mitigation and preserve the physical and aesthetic character of the city through the prevention of indiscriminate removal or destruction of trees and ground cover on improved or partially improved property; y c a� F. Preserve the maximum number of trees that are determined to be appropriate for preservation in the Edmonds E urban environment and that have a reasonable chance of long-term survival; R G. Promote site planning, building, and development practices that work to avoid removal or destruction of trees and Q vegetation, that avoid unnecessary disturbance to the city's natural vegetation, and that provide landscaping to buffer the effects of built and paved areas; m E H. Encourage tree retention efforts by providing design flexibility with respect to certain development requirements; t r w Q I. Retain as many viable trees as possible on a developing site while still allowing the development proposal to move forward in a timely manner and replanting when trees are removed during development; J. Promote building and site planning practices that are consistent with the city's natural topographic and vegetation features while recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvements, interference with utility services, and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover; and K. Mitigate the environmental and aesthetic consequences of tree removal in land development through on -site and off -site tree replacement to help achieve a goal of no net loss of tree canopy coverage throughout the city of Edmonds. The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 44 7.A.g ATTACHMENT 7 Page 2/13 L. Promote net ecological gain, a standard for a development project, policy, plan, or activity in which the impacts on the ecological integrity caused by the development are outweighed by measures taken consistent with the new mitigation hierarchy to avoid and minimize the impacts, undertake site restoration, and compensate for any remaining impacts in an amount sufficient for the gain to exceed the loss. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.010 Administering authority. The development services director ("director") or a designee shall have the authority and responsibility to administer and enforce all provisions of this chapter. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.020 Definitions. A. "Caliper" means the American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be the trunk diameter measured six inches above the ground for up to and including four -inch caliper size and 12 inches above the ground for larger sizes. B. "Canopy" means the leaves and branches of a tree from the lowest branch on the trunk to the top. C. "Critical root zone" means the area surrounding a tree at a distance from the trunk, which is equal to one foot for every one inch of tree DBH. D. "Developable site" means the gross site area of a lot minus critical areas and buffers. E. "Diameter at breast height (DBH)" means the diameter or thickness of a tree trunk measured at four and one-half feet from the ground. DBH is also known as "diameter at standard height (DSH)." F. "Dripline" means the distance from the tree trunk that is equal to the furthest extent of the tree's crown. G. "Feasible" means, for the purpose of this chapter, the project applicant's primary intended legal use may be achieved. In cases where this chapter requires certain actions unless they are infeasible, the burden of proving infeasibility is placed on the applicant. H. "Hazard tree" means a tree/tree part as having an Extreme or High overall risk rating using the ISA Tree Risk Assessment Qualification (TRAQ) method in its most current form that meets the following criteria: tha4 is dead, dying, diseased, damaged, or- stmetwally defeetive as detefmined by a qualified (fee professional. 1. A tree with a combination of structural defects and/or disease which makes it subject to a high probability of failure; 2. Is in proximity to moderate to high -frequency occupied targets, persons or property 3. The hazard condition cannot be lessoned with reasonable and proper arboricultural practices nor can the target be moved. I. "Grove" means a group of three or more significant trees with overlapping or touching crowns. J. "Improved lot" means a lot or parcel of land upon which a structure(s) is located, and which cannot be further subdivided pursuant to city subdivision regulations and zoning code. K. "Improvement" means and includes, but is not limited to, any building, structure, storm drainage facilities, road, driveway, utility and pedestrian facilities, or other object constituting a physical addition to real property. L.` allowable site disb ..banee. (see Tree Protection Zone) M. Native Tree. Native trees are described in the Urban Forest Management Plan (UFMP) as being well suited to our climate and tending to provide good habitat for local wildlife. The UFMP contains a partial list of species that are considered native trees. The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 45 ATTACHMENT 7 Page 3/13 N. "Nuisance tree" means a tree that is causing significant physical damage that is obvious in a photograph to a private or public structure and/or infrastructure, including but not limited to: sidewalk, curb, road, water or sewer or stormwater utilities, driveway, parking lot, building foundation, or roof. The problems associated with a nuisance tree must be such that they cannot be corrected by reasonable practices, including, but not limited to: pruning of the crown or roots of the tree, bracin , cabling abling to reconstruct a healthy crown. O. "Protected tree" means a tree identified for retention and protection on an approved tree retention and protection plan, replacement in relation to a permit or plan, and/or permanently protected by easement, tract, or covenant restriction. P. "Pruning" means the proper removal of roots or branches of a tree according to the American National Standards Institute (ANSI) A300 pruning standards. Q. "Qualified professional" means an individual with relevant education and training in arboriculture or urban c forestry, having two or more of the following credentials: E 1. International Society of Arboriculture (ISA) Certified Arborist; E 2. Tree Risk Assessment Qualification (TRAQ) as established by the ISA TRAQ (or equivalent); 0 0 3. American Society of Consulting Arborists (ASCA) registered Consulting Arborist; U a� 4. Society of American Foresters (SAF) Certified Forester for Forest Management Plans; � 5. Board Certified Master Arborist. For tree retention associated with a development permit, a qualified professional must have, in addition to the above credentials, a minimum of three years' experience working directly with the protection of trees during construction and have experience with the likelihood of tree survival after construction. A qualified professional must also be able to prescribe appropriate measures for the preservation of trees during land development. R. "Significant tree" means a tree that is at least six inches in diameter at breast height (DBH) as measured at four and one-half feet from the ground. For trees with multiple leaders at four and one-half feet height, the DBH shall be the combined cumulative total of branches greater than six inches diameter at four and one-half feet above the average grade. If a tree has been removed and only the stump remains that is below four and one-half feet tall, the size of the tree shall be the diameter of the top of the stump. S. "Specimen tree" means a tree of exceptional size or form for its species or rarity as determined by the city's qualified tree professional. T. "Tree" means a self-supporting woody plant characterized by one main trunk or, for certain species, multiple trunks, that is recognized as a tree in the nursery and arboricultural industries. U. "Tree fund" refers to the fund created by Chapter 3.95 ECC. x. "Tree Protection Zone" (TPZ) is a defined area as determined by a aualified professional aDDlicable to individual of tree trunks, roots and soil. TPZ is measured in feet from the face of the trunk and may be determined using critical root zone, dripline, exploratory root excavations or other methodologies. The TPZ is variable depending on species. age and health of the tree. soil conditions and Droposed construction. TPZ denotes the location of tree rotection fencin V. "Tree removal" means the direct or indirect removal of a tree(s) or vegetation through actions including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems; destroying the structural integrity of trees through improper pruning, unless pruning back to the point where the tree has been previously topped; poisoning; filling, excavating, grading, or trenching within the dripline that results in the loss of more than 20 percent of the tree's root system; or the removal through any of these processes of greater than 50 percent of the live crown of the tree. The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 46 7.A.g ATTACHMENT 7 Page 4/13 W. "Tree topping" means the significant cutting back of the leader stem or major branches, resulting in severely altering the growth potential of a tree. This definition does not apply when the sole purpose is to create a snag or snags for wildlife habitat. X. "Viable tree" means a significant tree that a qualified professional has determined to be in good health, with a low risk of failure due to structural defects, is windfirm if isolated or remains as part of a grove, and is a species that is suitable for its location. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.030 Permits. A. Applicability. No person shall remove, excessively prune, or top any significant tree except as provided by this chapter. B. Tree removal not specifically exempted in ECDC 23.10.040 will be processed as a Type I permit. C. Procedural Exemption. Tree removal associated with building permit, subdivision, or other land use approval will be reviewed with the associated project and will not require a separate tree removal permit. All clearing shall be consistent with and apply the standards established by this chapter. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.040 Exemptions Tree Removal Activities. The following activities are exempt from the provisions of this chapter and do not require a permit: x. Emergency Tree Removal. Any tree that poses an imminent threat to life or property may be removed. The City must be notified within seven days after the emergency tree removal with evidence of the threat for removing the tree to be considered exempt from this chapter. If the Planning Official determines that the emergency tree removal was not warranted or if the removed tree was required to be retained or planted pursuant to a development permit, then the removal will be subject to code enforcement, including fines and restoration. The Planning Official may require that the party obtain a tree removal permit. A. Removal of trees on an improved single-family lot, except for: 1. That portion of the property containing a critical area or its associated buffer. Critical area in this context does not include erosion hazards with slopes less than 25 percent. B. Removal of nonsignificant trees that are not protected by any other means. C. Removal of trees by the public works department, parks department, fire department and/or franchised utilities for one of the following purposes: 1. Installation and maintenance of public utilities or motorized or nonmotorized streets or paths. 2. In response to situations involving danger to life or property, substantial fire hazards, or interruption of services provided by a utility. Franchised utilities shall provide notification to the city prior to tree maintenance or removal. A separate right-of-way permit may be required. D. Removal and maintenance of trees within city of Edmonds' parks at the direction of the parks department. E. Routine landscaping and maintenance of vegetation, such as pruning and planting, removal of invasive/exotic species, management of brush and seedling trees. Pruning should comply with ANSI A300 (Part 1 — 2017), Tree, Shrub and Other Woody Plant Management — Standard Practices, to maintain long term health. This includes maintenance of trees and vegetation required to be retained or planted under the provisions of the Edmonds Community Development Code. Pruning existing trees back to the point where they have been previously topped is considered maintenance for these trees alone, provided pruning will be undertaken only to the extent necessary for public safety or tree health. r c a� E c aD E Q a� 0 U a� H The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 47 ATTACHMENT 7 Page 5/13 F. Trees that do not meet the exemptions in subsections (A) through (E) of this section may be removed with supporting documentation: 1. Nuisance tree with documentation of the damage and any tree work that has been attempted to rectify the nuisance, and/or a statement from the applicant's qualified tree professional explaining why no arboricultural practices can safely rectify the nuisance. 2. Hazard tree located outside a critical area with a tree risk assessment prepared by the applicant's qualified professional documenting how the tree meets the definition of a hazard tree. 3. Hazard tree removal in a critical area or critical area buffers consistent with the requirements of ECDC 23.40.220(C)(8). [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.050 Tree removal prohibited. A. Protected Trees. Removal of protected trees is prohibited, except as provided for in ECDC 23.10.040(F), hazard and nuisance trees, or through an approved modification of a landscape plan. B. Vacant Lots. Removal of trees from a vacant lot prior to a project development is prohibited except as provided for in ECDC 23.10.040(F), hazard and nuisance trees. C. Demolition of Structures. Tree removal shall be prohibited as part of a permitted demolition except as required to reasonably conduct demolition activities subject to approval of the director. Tree replacement shall be required for removed trees. D. In critical areas, critical area buffers, and in all native growth protection easements, tree removal is prohibited except as allowed per Chapters 23.40 through 23.90 ECDC. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.060 Tree retention associated with development activity. A. Introduction. The city's objective is to retain as many viable trees as possible on a developing site while still allowing a feasible development proposal to move forward in a timely manner. To that end, the city requires approval of a tree retention and protection plan in conjunction with the following applications: 1. Short subdivision; 2. Subdivision; 3. New multifamily development; 4. New single-family development on a vacant lot or a demolition and replacement of a single-family house; a*d X. Related clearing and grading (cut/fill) permits; and 5. Any tree removal on developed sites not exempted by ECDC 23.10.040. In order to make better decisions about tree retention, particularly during all stages of development, tree retention and protection plans will require specific information about the existing trees before removal is allowed. Specific tree retention and protection plan review standards provided in this section establish tree retention priorities, incentives, and variations to development standards in order to facilitate preservation of viable trees. B. Tree Retention and Protection Plan. 1. An applicant for a development identified in subsection (A) of this section must submit a tree retention and protection plan that complies with this section. A qualified professional may be required to prepare certain components of a tree retention and protection plan at the applicant's expense. c a� E c aD E Q a� 0 U a� a� L H The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 48 ATTACHMENT 7 Page 6/13 2. Tree Retention and Protection Plan Components. The tree retention and protection plan shall contain the following information, unless waived by the director: a. A tree inventory containing the following: i. A number system of all existing significant trees on the subject property (with corresponding tags on trees); ii. Size (DBH) and estimated tree crown diameter; iii. Proposed tree status (trees to be removed or retained); iv. Brief general health or condition rating of trees (i.e., poor, fair, good, excellent, etc.); N r v. Tree type or species. b. A site plan depicting the following: r_ aD E i. Location of all proposed improvements, including building footprint, access, utilities, applicable Q setbacks, critical areas, buffers, and required landscaped areas clearly identified. If a short subdivision -0 or subdivision is being proposed and the location of all proposed improvements has not yet been U established, a phased tree retention and protection plan review is required as described in subsection (3)(a) of this section; ii. Accurate location of significant trees on the subject property and adjacent properties where the canopy and/or critical root zone of adjacent significant trees extend onto the subject property (surveyed N locations may be required); U iii. Trees labeled corresponding to the tree inventory numbering system; w iv. Location of tree protection measufesfence at the proposed TPZs, with distances from the face of trunks to fence noted on the site plan, drawn to scale around all trees potentially impacted by site _J disturbances resulting from grading, demolition, or construction activities. Silt fence per TESC Z requirements may satisfytprotection fence requirements if TPZs are observed to avoid duplicate fencing; ti E vi. Proposed tree status (trees to be removed or retained) noted by an "X" or by ghosting out; R vii. Proposed locations of any required replacement trees as outlined in ECDC 23.10.080 and trees Q required to be planted in accordance with subsection (C)(5) of this section. Where replacement trees are proposed to be planted at a different location than the project site, a description of the alternate site d and written approval from the property owner must be provided. t �a c. An arborist report containing the following: Q i. A complete description of each tree's health, condition, and viability; ii. A description of the method(s) used to determine the limits of disturbance (i.e., critical root zone, root plate diameter, or a case -by -case basis description for individual trees); iii. Any special instructions specifically outlining any work proposed within the limits of the disturbance protection area (i.e., hand -digging, tunneling, root pruning, any grade changes, clearing, monitoring, and aftercare); The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 49 ATTACHMENT 7 Page 7/13 iv. For trees not viable for retention, a description of the reason(s) for removal based on poor health, high risk of failure due to structure, defects, unavoidable isolation (windfirmness), or unsuitability of species, etc., and for which no reasonable alternative action is possible must be given (pruning, cabling, etc.); v. Description of the impact of necessary tree removal to the remaining trees, including those in a grove; 3. Additional Tree Retention and Protection Plan Standards for Short Subdivisions and Subdivisions. a. Phased Review. i. If during the short subdivision or subdivision review process the location of all proposed N improvements, including the building footprint, utilities, and access, have not yet been established, the applicant may submit a tree retention and protection plan that addresses the current phase of 0 development and limits removal to the impacted areas. aD ii. A new tree retention and protection plan shall be required at each subsequent phase of the project as Q more information about the location of the proposed improvements is known subject to all of the requirements in this section. o U C. Tree Retention Requirements. y 1. General Tree Retention Requirements. Significant viable trees on lots proposed for development or LL r redevelopment, except as substituted under subsection (F)(3) of this section, shall be retained as follows: o Table 23.10.060.0 Tree Retention Requirements for Proposed Development cri N r I Development Retention Required New single-family, short 30% of all significant viable trees in subdivision, or subdivision the developable site Multifamily development, 25% of all significant viable trees in unit lot short subdivision, or the developable site unit lot subdivision 2. Trees that are located within native growth protection areas, critical areas and their associated buffers, or that have otherwise been designated for protection shall not be removed except as provided for in ECDC 23.10.040(E), hazard and nuisance trees, and ECDC 23.40.220(C)(8), critical area hazard tree. 3. The director may require the retention of additional trees to meet the stated purpose and intent of this chapter, as required by the critical area regulations (Chapters 23.40 through 23.90 ECDC), or the shoreline master program (ECDC Title 24) or as site -specific conditions demand using SEPA substantive authority. 4. In addition to the tree retention requirements in subsection (C)(1) of this section, every significant viable tree that is removed under this chapter must be replaced consistent with the requirements of ECDC 23.10.080. 5. For developing properties identified in subsection (A) of this section that have fewer than three significant trees, trees shall be retained and/or planted that will result in the site having at least three trees, which will be significant at maturity, per 8,000 square feet of lot area. D. Priority of Tree Retention Requirements. Significant viable trees to be retained should be retained in the following order of priority: 1. Priority One. a. Specimen trees; The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 50 ATTACHMENT 7 Page 8/13 b. Significant viable trees which form a continuous canopy; c. Significant viable trees on slope greater than 15 percent; d. Significant viable trees adjacent to critical areas and their associated buffers; and e. Significant viable trees over 60 feet in height or greater than 18 inches DBH. 2. Priority Two. a. Healthy tree groupings whose associated undergrowth can be preserved; b. Trees within the required yard setbacks or around the perimeter; r c. Trees that have a screening function or provide relief from glare, blight, or commercial development; E d. Other significant native evergreen or deciduous trees; and e. Other significant nonnative trees. Q a� 3. Priority Three. Alders and cottonwoods shall be retained when all other trees have been evaluated for U retention and are not able to be retained except where adjacent to open space, wetlands or creek buffers. a� L E. In considering trees for retention, applicants and the city shall avoid, to the extent known, the selection of trees that are mature and may be a fall hazard, including trees adjacent to utility corridors where falling trees may cause o power outages or other damage. ri N F. Tree Retention Procedures. V 1. If a revised improvement placement would result in the retention of more and/or higher priority trees, the tree retention and protection plan should be adjusted to: a. Maximize the retention of higher priority trees; and b. Satisfy the retention requirement in subsection (C) of this section. 2. This adjustment in subsection (F)(1) of this section must be done unless the applicant can demonstrate that actual compliance with subsection (C) of this section would make the proposed development infeasible. In documenting infeasibility, applicants of subdivision and short subdivision must consider implementing conservation subdivision design as provided for in ECDC 20.75.048. 3. Once the location of on -site improvements has been established through city review and applicant revision of the tree retention and protection plan, existing priority one trees not impacted by the installation of said improvements shallmust be retained at least to the number of viable trees required by subsection (C) of this section, except for hazard trees and nuisance trees. 4. If there are not enough existing trees outside of the improved areas of the site to satisfy subsection (C) of this section through retention alone, the applicant shall be required to make up the deficiency as follows: a. Planting a number of new trees on -site in accordance with ECDC 23.10.080 that would be sufficient, in combination with the number of trees actually retained, to satisfy subsection (C) of this section; and b. If it is not feasible for planting under this subsection, to achieve the required number of trees, the applicant shall make a fee -in -lieu payment of $2,500 for every tree not planted pursuant to this subsection. G. Tree Retention Incentive. If a development retains at least 50 percent of the significant viable trees on a site, the fee -in -lieu provisions of ECDC 23.10.080(E) do not apply. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 51 ATTACHMENT 7 Page 9/13 23.10.070 Tree protection measures during development. Prior to development activity or initiating tree removal on the site, vegetated areas, individual trees and soil to be preserved in accordance with ECDC 23.10.060(B) shall be protected from potentially damaging activities pursuant to the following standards: A. Preconstruction Meeting Required. Prior to the commencement of any permitted clearing and grading activity, a preconstruction meeting shall be held on site with the permittee and appropriate city staff. The project site shall be marked in the field as follows: 1. The extent of clearing and grading to occur; 2. Delineation and protection of any critical areas and critical area buffers with clearing limit fencing; 3. Flagging of trees to be removed and tags on trees to be retained; and a� 4. Property lines. c aD B. Placing Materials Near Trees. No person may conduct any activity within the protected area of any tree E designated to remain, including, but not limited to, operating or parking equipment, placing solvents, storing building material or stockpiling any materials, or dumping concrete washout or other chemicals. During o construction, no person shall attach any object to any tree designated for protection. U C. Protective Barrier. Before development, land clearing, grading, filling or any land alteration, the applicant shall: a� a� 1. Erect and maintain readily visible temporary protective tree fencing along the limits of disturbance which completely surrounds the protected area of all retained trees, groups of trees, vegetation and native soil. Tree < > N protective fencing shall be a minimum height of three feet, visible and of durable construction; orange U polyethylene laminar fencing is acceptable. U w 2. Install highly visible signs spaced no further than 15 feet apart along the entirety of the protective tree fencing. Said sign must be approved by the director and shall state, at a minimum, "Tree and Soil Protection 4) Area, Entrance Prohibited," and provide the city phone number for code enforcement to report violations. J Z 3. Prohibit excavation or compaction of soil or other potentially damaging activities within the barriers; provided, that the director may allow such activities approved by a qualified professional and under the supervision of a qualified professional retained and paid for by the applicant. 4. Maintain the protective barriers in place for the duration of the project until the director authorizes their r removal. E 5. Ensure that any approved landscaping done in the protected zone subsequent to the removal of the barriers shall be accomplished with machinery from outside the protected zone or by hand. 6. Limit the time period that the critical root zone is covered by mulch, plywood, steel plates or similar materials, or by light soils, to protect the tree's critical root zone. 7. In addition to the above, the director may require the following: a. If equipment is authorized to operate within the protected zone, the soil and critical root zone of a tree must be covered with mulch to a depth of at least six inches or with plywood, steel plates or similar material in order to protect roots and soil from damage caused by heavy equipment. b. Minimize root damage by hand -excavating a two -foot -deep trench, at edge of critical root zone, to cleanly sever the roots of trees to be retained. Never rip or shred roots with heavy equipment. c. Corrective pruning performed on protected trees in order to avoid damage from machinery or building activity. The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 52 ATTACHMENT 7 d. Maintenance of trees throughout construction period by watering and fertilizing. D. Grade. Page 10/13 1. The grade shall not be elevated or reduced within the critical root zone of trees to be preserved without the director's authorization based on recommendations from a qualified professional. The director may allow coverage of up to one-half of the area of the tree's critical root zone with light soils (no clay) to the minimum depth necessary to carry out grading or landscaping plans, if it will not imperil the survival of the tree. Aeration devices may be required to ensure the tree's survival. 2. If the grade adjacent to a preserved tree is raised such that it could slough or erode into the tree's critical root zone, it shall be permanently stabilized to prevent soil erosion and suffocation of the roots. 3. The applicant shall not install an impervious surface within the critical root zone of any tree to be retained without the authorization of the director. The director may require specific construction methods and/or use of °' aeration devices to ensure the tree's survival and to minimize the potential for root -induced damage to the impervious surface. E 4. To the greatest extent practical, utility trenches shall be located outside of the critical root zone of trees to be retained. The director may require that utilities be tunneled under the roots of trees to be retained if the director o determines that trenching would significantly reduce the chances of the tree's survival. U a� a� 5. Trees and other vegetation to be retained shall be protected from erosion and sedimentation. Clearing operations shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible c time. To control erosion, it is encouraged that shrubs, ground cover and stumps be maintained on the individual lots, where feasible. N 6. The director may approve the use of alternative tree protection techniques if those techniques provide an equal or greater degree of protection than the techniques listed in this subsection. E. Directional Felling. Directional felling of trees shall be used to avoid damage to trees designated for retention. F. Additional Requirements. The director may require additional tree protection measures that are consistent with accepted urban forestry industry practices. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.080 Tree replacement. A. Replacement Required. Tree replacement is required for tree cutting permits required by this chapter and/or for tree removal associated with the development types identified in ECDC 23.10.060(A). Each significant viable tree to be removed shall be replaced as follows: 1. For each significant tree between six inches and 10 inches DBH removed, one replacement tree is required. 2. For each significant tree between 10.1 inches and 14 inches in DBH removed, two replacement trees are required. 3. For each significant tree greater than 14 inches and less the 24 inches in DBH removed, three replacement trees are required. B. No tree replacement is required in the following cases: 1. The tree is hazardous, dead, diseased, injured, or in a declining condition with no reasonable assurance of regaining vigor, for reasons not attributable to the development. 2. The tree is proposed to be relocated to another suitable planting site; provided, that relocation complies with the standards in this section. The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 53 ATTACHMENT 7 Page 11/13 C. Prior to any tree removal, the applicant shall demonstrate through a tree protection and replacement plan, critical area mitigation plan, or other plans acceptable to the director that tree replacement will meet the minimum standards of this section. D. Replacement Specifications. 1. Minimum sizes for replacement trees shall be: a. One -and -one -half -inch caliper for deciduous trees; b. Six feet in height for evergreen trees. 2. The director may consider smaller -sized replacement trees if the applicant can demonstrate that smaller trees are more suited to the species, the site conditions, and the purposes of this section, and that such trees will be p pmP N � planted in sufficient quantities to meet the intent of this section. E 3. Replacement trees shall be primarily native species. E 4. Replacement trees must be planted within the city of Edmonds or its urban growth area. Q E. Tree Replacement Fee In Lieu. After providing clear documentation to the Citydevelopment sen lees that all a� V replacement options have been considered and are infeasible, including arborist reports as necessary, the a� gpplicantdeyeleper shall pay a fee -in -lieu for each replacement tree required but not replaced. L H 1. The amount of the fee shall be $1,000 multiplied by the number of trees necessary to satisfy the tree replacement requirements of this section and shall be deposited into the city's tree fund. N 2. The fee shall be paid to the city prior to the issuance of a tree removal permit or associated development p permit. w 3. For each significant tree greater than 24 inches in DBH removed, a fee based on an appraisal of the tree value by the city tree protection professional using trunk formula method in the current edition of the Guide for Plant Appraisal shall be required. Z w 4. In no case shall the fee -in -lieu payments required by this subsection exceed $2.00 per square feet of lot area. L [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.085 Protected trees — Notice on title. The owner of any property that included a tree(s) identified for retention and protection on an approved tree retention and protection plan, replacement in relation to a permit or plan, and/or permanently protected by easement, tract, or covenant restriction shall, as a condition of permit issuance, record a notice on title of the existence of such protected trees against the property with the Snohomish County auditor's office. The notice shall be approved by the director and the city attorney for compliance with this provision. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.090 Bonding. A. The director may require a performance bond for tree replacement and site restoration to ensure the installation of replacement trees, and/or compliance with other landscaping requirements as identified on the approved site plans. B. The bond shall be in the amount of 120 percent of the estimated cost of implementation of the tree replacement and/or site restoration including trees, irrigation and labor. C. A two-year maintenance bond shall be required after the installation of required site improvements and prior to the issuance of a certificate of occupancy or finalization of permit and following required landscape installation or tree replacement. The maintenance bond shall be in place to ensure adequate maintenance and protection of retained trees and site improvements. The maintenance bond shall be for an amount of 15 percent of the performance bond or estimate in subsection (B) of this section. The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 54 7.A.g ATTACHMENT 7 Page 12/13 D. The director shall exempt individual single-family lots from a maintenance bond, except where a clearing violation has occurred or tree replacement is located within critical areas or critical area buffers. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.100 Violation, enforcement and penalties. A. Noncompliance with any section of this chapter constitutes a violation of this code. B. A violation of any of the provisions of this chapter shall constitute a misdemeanor and shall be punishable as provided in Chapter 5.50 ECC. C. Penalties. 1. Aiding or Abetting. Any person who, through an act of commission or omission, procures, aids or abets in N the violation shall be considered to have committed a violation for the purposes of the penalty. All persons who have been found to commit a violation under this chapter shall be responsible for an equal share of any 0 penalties imposed under subsection (C)(2) of this section. aD 2. Civil Penalties. Any person violating any provisions of this chapter shall have committed a civil infraction Q and may be subject to civil penalties in addition to any criminal penalties. Pursuant to Chapter 64.12 RCW, the city may be entitled to triple the amount of civil damages claimed or assessed. The extent of the penalty shall o be determined according to one or more of the following: U a� a� a. An amount reasonably determined by the director to be equivalent to the costs estimated by the city to investigate and administer the infraction; c 7 b. The economic benefit that the violator derives from the violation (as measured by the greater of the N resulting increase in market value of the property or the value received by the violator or savings of U construction costs realized by the violator performing any act in violation of this chapter); CU w c. Removal of existing 12-inch diameter or larger trees in violation of this chapter will require an appraisal of the tree value by the city tree protection professional using trunk formula method in the current edition J of the Guide for Plant Appraisal. The cost of the appraisal shall be paid by the person(s) who removed C existing trees in violation of this chapter; Z w d. Penalty for illegal removal of trees shall be $1,500 per tree less than 12 inches in diameter and the M a appraised value of trees 12 inches or more in diameter. Penalties shall be paid into the city tree fund. If diameter of removed tree is unknown, determination of the diameter size shall be made by the city arborist by comparing size of stump and species to similar trees in similar growing conditions; 4) e. The cost of replacing and replanting the trees and restoring the disturbed area according to a specific plan approved by the city. Violators of this chapter or of a permit issued thereunder shall be responsible for restoring unlawfully damaged areas in conformance with a plan, approved by the director, that provides for repair of any environmental and property damage, and restoration of the site; and which results in a site condition that, to the greatest extent practical, is equivalent to the site condition that would have existed in the absence of the violation(s); £ If illegal tree topping has occurred, the property owner shall be required to have a certified arborist develop and implement a five-year pruning schedule in addition to monetary fines and/or required tree replacement. 3. Civil penalties under this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the city. The notice shall describe the violation, the approximate date(s) of violation, and shall order the acts constituting the violation to cease and desist, or, in appropriate cases, require necessary corrective action within a specific time. 4. Any fiscal penalty recovered under this section shall be deposited in the city's tree fund as established in Chapter 3.95 ECC. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 55 ATTACHMENT 7 Page 13/13 23.10.110 Liability. A. Liability for any adverse impacts, damages or injury resulting from work performed in accordance with any permit issued by the city under ECDC 23.10.030 shall be the sole responsibility of the permit applicant and/or owner of the property or site for which the permit was issued, and shall not be the responsibility of the city of Edmonds. Issuance by the city of any permit under this chapter shall not be construed as an assumption of any risk or liability by the city of Edmonds, nor as a warranty or guarantee that the work authorized by the permit will have no adverse impact or will cause no damages or injury to any person or property. B. Issuance by the city of a permit under ECDC 23.10.030 and/or compliance by the applicant and/or property owner with any permit conditions therein shall not relieve an applicant and/or property owner from any responsibility otherwise imposed by law for any adverse impacts, injury or damage to persons or property resulting from the work authorized by any permit issued under this chapter. C. Nothing contained in this chapter shall be deemed to relieve any property owner within the city limits from the duties imposed under Chapter 9.25 ECC to keep any tree or vegetation upon his property or under his control in such E condition as to prevent it from constituting a hazard or a nuisance. c D. The amount of any security required as part of any land development permit with which tree removal is aD Q associated shall not serve as a gauge or limit to the compensation that may be owed by a property owner as a result -0 of injury or damages to persons or property resulting from any tree removal authorized under this chapter. [Ord. o 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. U a� a� LL r The Edmonds City Code and Community Development Code are current through Ordinance 4262, passed May 24, 2022. Packet Pg. 56 7.A.h ATTACHMENT 8 ECDC Chapter 23.10 Tree Code Amendments/Phase II PROJECT OUTLINE Done? TASKS Estimated Dates Establish project scope, objectives, and acceptable levels of policy impacts V Compile relevant background information and prior City Council direction. Assess project June 2022 resources (staffing, consultant services, etc.). Develop preliminary list of amendments July 2022 Check prior Council direction, assemble staff feedback on administering the current code. Develop preliminary project timeline • Schedule early scoping discussions and estimate future public meeting/hearing dates. • Identify mandated deadlines for public noticing, SEPA review (addendum?), etc. July 2022 • Factor turnaround time for board/Council review & feedback, including final TB, PB recommendations to City Council. • Tentatively schedule public hearings x2 (PB, CC) Commence early discussions with City Council, Planning Board, Tree Board Jul 2022 y Finalize scope, objectives. Discuss public engagement and project timeline. Conduct mock scenario exercise to review how current code works Aug -Sept */ • Tree Board 2022 • Planning Board (Tree Board report -out at joint meeting) Develop robust Public Engagement Plan • Identify capacity/resources for public engagement and seek funding if necessary • Follow Equitable Engagement Framework model (available late August 2022) • Schedule public outreach events and any related deadlines, consider concurrent public engagement efforts • Identify and list internal/external stakeholders, special interest groups and parties of Aug -Sept interest/parties of record. 2022 • Identify appropriate engagement methods: community survey, facilitated stakeholder meetings, special events (i.e., open house, Farmer's Market, workshops, "town hall," neighborhood meetings), etc. • Identify responsibilities for managing web content news releases, social media, project listserv, mailings, etc. • Revise tentatively scheduled public hearings? Establish draft code framework • Show strikeouts/markups for no/none policy level impacts to determine public meeting Sept 2022 dates to address increasingly higher levels of policy impact proposed code amendments Identify needs for data/analysis related to project • Identify canopy assessment findings related to potential code changes. • Compile cases and analyze current code efficacy and trends concerning: Sept -Oct o Tree retention with development 2022 o Tree mitigation: planting vs. fee in lieu payments o Current property owner tree removals o Current tree code violations/enforcement Finalize project tasks and timeline • Assign formal file case number. • Specify # public meetings for each decision -making body. Include ample time for PB/TB Oct 2022 draft code review and their draft recommendations to City Council • Complete Public Engagement Plan —specify dates, methods, and resources • Data/analysis needs and approved resources to complete analysis c m E c a� E Q m 0 U m m L Packet Pg. 57 7.A.h ATTACHMENT 8 ECDC Chapter 23.10 Tree Code Amendments/Phase II PROJECT OUTLINE Jan -May Conduct public engagement per Plan 2023 Develop draft code Apr -June • Develop a working draft code that addresses moderate to major code amendments with 2023 heavy stakeholder discussion Code review, approval, and adoption • Develop initial draft code for SEPA review/DOC noticing • Specify PB/TB review/feedback meeting dates to refine draft code language June -July • PB/TB develop official recommendations to Council 2023 • City Council review/adoption. • SEPA review • Coordinate with Legal/City Clerk, Code Publishing Code implementation Jul Au Y- g Includes internal training and public education on new codes: workshops, handouts, 2023 webpage content, etc. c m E c a� E Q m 0 U m m L d r.+ O ci d .O L a. E Q 0 r M N U 0 U W 00 I C d E t v R r r Q C N E t ca Q Packet Pg. 58 7.6 Planning Board Agenda Item Meeting Date: 09/14/2022 Cliamte Action Plan Update Staff Lead: Kernen Lien Department: Planning Division Prepared By: Kernen Lien Background/History See narrative. Staff Recommendation N/A Narrative Over the last couple of years the City has been working on an update to its Climate Action Plan. Edmonds adopted its first Climate Action Plan in 2010. That plan set goals that seemed ambitious but achievable: reduce emissions to 7% below 1990 levels by 2012 (per the Kyoto Protocol), 25% below 1990 levels by 2035, and 50% below 1990 levels by 2050 (per Washington State GHG goals in place at the time). As a part of this current update, the City conducted another inventory of GHG emissions in 2017. The 2017 inventory found that Edmonds had reduced GHG emissions in some sectors but had increased emissions in others. The largest driver of these increases is emissions from on -road transportation, which increased 27% between 2000 and 2017. In addition, natural gas consumption in buildings increased by 25%2. The Inventory concluded that, 12 years after setting plans to begin reducing GHG emissions, per capita emissions in Edmonds have remained essentially the same since 2000. However, recent state legislation and changes in market conditions suggest Edmonds can make progress in the years ahead. The Climate Action Plan identifies actions that the City and community can take to remain on target through 2035. Beyond 2035, even assuming widespread adoption of electric vehicles, fossil fuels are likely to remain in use for heating and other purposes unless state energy regulations governing those fuels change. The Climate Action Plan update focuses on the most important steps Edmonds can take to address climate change. The plan lays out a set of strategies for addressing climate change, along with specifics for how those strategies will be pursued. Sections on Buildings and Energy, Transportation and Land Use, and Lifestyle and Consumption primarily focus on mitigation -ways the City will work to reduce GHG emissions. The Section on Environment adds strategies to ensure the City is prepared to adapt to climate change. Attached is an Executive Summary Brochure that identifies the top actions for each of the sections. Two Packet Pg. 59 7.B workshops on the draft strategies and actions items where held on July 28th and August 11th this year. The posters from these workshops which identifies all the strategies and draft actions are attached along with the summary of the comments received at these workshops. Staff and the consultant are working on incorporating these comments into the draft CAP which will released for further review and comment. At this Planning Board meeting staff will provide a presentation on the CAP update and next steps. Attachments: Edmonds CAP Brochure Workshop Posters and CAP Strategies & Actions Edmonds CAP Engagement Workshop 2 Summary Packet Pg. 60 7.B.a CITY OF EDMONDS OV ED_ O `qc. 199" CLIMATE ACTION PLAN 2022 a� EXECUTIVE SUMMARY BROCHURE a c m For over a decade, Edmonds has been committed to preventing the hart a from climate change. From sea level rise that causes erosion and floodir o to drought and higher land temperatures that will destroy crops and fore a and rising ocean temperatures and acidity that will affect marine species r which much of the web of life depends, Edmonds recognizes that it be; E responsibility to take action as citizens of the world and stewards our environment. L In 2010, the City adopted a Climate Action Plan (CAP) to substantially reds u greenhouse gas (GHG) emissions. Starting in 2018, local consultants wE 0 hired to prepare a new GHG inventory and to advise the City on updating Q CAP. This plan focuses on the most important steps Edmonds can take U address climate change. 0 .................................................. E Global climate change is already harming the Pacific Northwest, and w expected to grow worse and become irreversible unless human-generat a GHG emissions can be eliminated. To achieve a future Edmonds commur � with a high quality of life that is sustainable and equitable for all resider coo eliminating GHG emissions is critical. Q The most important finding of this update to Edmonds' CAP is that t Edmonds community has not kept pace with its goals to reduce G1 emissions. To avert the worst harm from global climate change, we mi achieve an even more ambitious rate of emissions reduction. The City adopted Resolution 1453, which commits Edmonds to a scienc based target of 1.5°C global temperature rise. To meet that target mee the community must be carbon neutral by 2050. We have a long way to c but we have reason to hope we can get there. This Plan provides a roadmap and a few indicator metrics that will help t community know how we are doing. It is a call to action. The tools to addr( the climate crisis have never been better and they are improving steadily... will take effort on the part of the City, state and federal governments and individuals to make use of those tools. It is time to get tow Packet Pg. 61 6M Equity C Frontline communities, those most likely to be affected by climate change, are often more resource efficient than the general population, with lifestyles that help achieve the community's climate action goals. They often live in higher density housing, consume less energy per capita, and rely on public transit. However, intersecting vulnerabilities and socioeconomic determinants, such as preexisting health conditions, physical location, historic marginalization, social context, and income stability, can make these communities more susceptible to threats of climate change. Climate equity ensures a fair distribution of the benefits of climate action and resilience efforts as the community transitions to a low carbon future, reducing disparities. Edmonds' 2017 GHG emissions were estimated to be about 750,000 MT CO2e, including both "local" emissions that occur within the city limits, and "imported" emissions generated outside of Edmonds to produce the goods, food, and services consumed in Edmonds. Total local and imported emissions in 2017 were approximately 17.2 MT CO2e per capita. For comparison, in 2017 the global per capita average was 6.4 MT CO2e and the US average was 17.3 MT CO2e2. Other key observations include: • Residential buildings have more than double the impact of commercial buildings 2017 Community GH( Emissions (MTCO2e) 750,000 500,000 250,000 • 75% of natural gas was consumed by the residential sector, and nearly 25% by the commercial sector Local + Imported Emissions 40 Buildings Transportatio 40 Refrigerant Waste • Passenger transport, primarily in cars, is the leading source of transportation -related local emissions Strategies and Top Actions Each action is accompanied by two icons: one indicates how important it GHG Degre( is in reducing or preventing GHG emissions, and the other indicates how Reduction of City much influence the City has over the outcome. Potential Contro Replace-. in Buildings with Renewable BE-1.1: Adopt appropriate zoning allowances to facilitate installation of renewable energy projects and energy efficient equipment. Medium �� High A BE-1.2: Provide financial -assistance programs for solar energy projects and energy efficient equipment. Medium �1� High Improve. Infrastructure BE-2.1: Support legislation requiring gas supply systems statewide to be High carbon -neutral by 2045. �,� BE-2.2: Create and implement a green building incentive program. Low High BE-3: Require the Design and Construction of New and Remodeled Buildings Building Standards BE-3.1: Adopt regulations to require new multi -family and commercial to Meet 411111111111111, Green buildings to be 100% electric by 2023. Medium High BE-3.2: Require that all new multi -family residential and commercial buildings and any major commercial remodeling projects meet LEED A Medium High or similar built green standards: LEED Gold for Commercial and LEED �1� Silver for multifamily, to implement Resolution 1168. Packet Pg. 62 a� Q. c �a a c r a a� E U a� L V 0 L m a a U N c 0 E w c m E t .r a GHG Reduction Strategies and Top Actions Potential Control Reduce-. Sustainable Land Use TR-1.1: Adopt a multimodal level of service to enable complete streets 4W outcomes. Medium 't� High 4 TR-1.2: Develop code, guidelines, and zoning supporting mixed -use transit development in 1 ,� High �� High and -oriented neighborhood commercial centers. ReduceImproving- TR-2.1: Coordinate transit agencies to increase service and improve convenience to access new light rail connections. Medium Med (A) A TR-2.2: Promote Sounder commuter rail stop in Edmonds. Medium if Low TR-2.3: Invest in transit stop amenities to improve transit ridership 11111ft Medium Low experience (e.g. shelter, bench, lighting). �� ''^ TR-3: Reduce VMT by Committing to a Complete Street Approach TR-3.1: Commit to installing one bike rack per block in neighborhood 61 Low '—'r' High districts. -aa TR-3.2: Establish a complete streets process and steering committee for A Medium 0. High capital projects. "'' TR-3.3: Develop a pedestrian priority investment network and triple Medium 4 High 0 funding in the Capital Improvements Plan. W ReduceQ TR-4.1: Explore bike and scooter share programs within the City of 0 Edmonds. Medium Med E TR-4.2: Formalize hybrid work options for City employees. TR-4.3: Explore opportunities to develop car share facilities with ferry system. �� Medium L Med U • - -. .. .. 'a TR-5.1: Adopt standards for the placement of charging stations in public ,� High 4High Q rights -of -way. % V TR-5.2: Convert City fleet to electric vehicles. A 110 Medium y 4High 0 TR-5.3: Add charging stations to all city owned facilities including parks. o Medium E 4High W c eu GHG Degree z Reduction of City M Strategies and Top Actions Potential Contro Q IncreaseEN-1: Maintain or Carbon Sequestration -Areas EN-1.1: Adopt a canopy coverage target for the city. to Low High EN-1.2: Identify pockets of woodlands and marsh land that the City Low 60 High 4 could purchase to add to our parks system. EN-1.3: Identify City parks and open spaces where carbon sequestration be increased. Low 61 High 4- could EN-2: ExploreOther MethodsOffsetting EN-2.1: Develop a periodic calculation of the gap between Edmonds' Low J%jj High 4 targeted GHG emissions reductions and actual. EN 2.2: Engage in a regional conversation about offsetting GHGs. EN-2.3: Include a calculation of the social and mortality costs of carbon that would result from each Comprehensive Plan update J,,, Low �,� High, Packet Pg. 63 GHG 7.B.a Reduction of City Strategies and Top Actions Potential Control Prepare for the Impacts EN-3.1: When planning for climate change adaptations, assess which N/A High communities would be most affected and who would benefit most. .Y' EN-3.2: Develop a plan for adapting to sea level rise in Edmonds. N/A 4 High EN-3.3: Evaluate risks to stormwater infrastructure from higher intensity N/A High storms, and develop plans to upgrade system and development codes. "r GHG Degref Reduction of City Strategies and Top Actions Potential Contro ReduceDepletion LC-1.1: Reduce barriers to achieving Edmonds' zero -waste goal. A Medium „r _� High LC-1.2: Increase recycling bins in partnership with local businesses. A Medium M 4High CL LC-1.3: Require recycled products for City -produced printed materials. J�j Low c a 4HighLC-2: Increase Local Food Production c 0 LC-2.1: Educate people in smaller households on ways to reduce food h A a waste. Hi �I�' g Med �' d —` M LC-2.2: Educate consumers on the GHG and health benefits of N/A pow E consuming less pre -packaged food. V LC-2.3: Involve community in identifying City parks and other property, L both City -owned and private, as potential sites for neighborhood public Low 6 �, High s "P-Patches." o m a 2035 050 U To address W -.Monitoring- '0 the reduction Is Savings `o gap identified in the tool BE -I* Number of new residential and commercial solz w PV systems installed replacing 3,157 6,253 Percent of residential and commercial area retrc m fossil -fuel BE-2 417 417 based gas, Savings from 2017 improvements to wastewateJ treatment plant carbon- BE-3 3,272 7,870 Percent of new, LEED-Certified residential and a commercial development neutral T 4,781 5,737 Number of multi -family units built in activity cen refrigerants, TR-2 3,792 4,807 Percent of commuters using publictransportatic carbon 880 21177 Percent of commuters walking or biking to work sequestration, Percent of commuters carpooling and/or utilizin and other TR-4 8,700 9,229 an alternate work week measures 50,73 er of electric vehicles are needed EN-1 131 262 Number of trees planted to meet 3,257 4,343 Tonnage of solid waste qenerated our GHG 79,121 122,141 Total Reduction (MT CO e) 64,745 188,918 1.5°C Scenario Target Reduction (MT CO e) emissions-14,376 66,778 Reduction still Needed to Reach Target (MT CO. targets for 122% 65% Percent of Target Achieved 2050. *Although this metric will not help reduce GHG after the electric grid is carbon neutra 2030, prior to that date, cumulatively it will produce enough electricity to reduce GH( by approximately 12,000 MTCO2e. Contact: climateaction@edmondswa.gov Website: edmondsclimat Packet Pg. 64 CITY OF EDMONDS 7.B.b OV ED 4r d nC:0 � ACT ON v rv* IPLAN For over a decade, The City of Edmonds has committed to preventing the harms from climate change. From sea level rise that causes erosion and flooding, to drought and higher land temperatures that will destroy crops and forests, and rising ocean temperatures and acidity that will affect marine species, Edmonds recognizes that it bears responsibility to take action as citizens of the world and stewards of our environment. In 2010, the City adopted a Climate Action Plan (CAP)to substantially reduce greenhouse gas (GHG) emissions. Starting in 2018, local consultants were hired to prepare a new GHG inventory and to advise the City on updating its CAP.This plan focuses on the most important steps Edmonds can take to address climate change. Spread the Word • March: Community Workshop • April: Community Feedback Survey • June: Community Feedback Survey Summary lie Dec'20 - Feb'21 Feb - Aug '21 'A Aug '21 -June `22 A6 - 'A 0 A Material Development • Project material development & website launch • February: Online Open House • 2FOR Write the CAP • Refine and revise strategies and actions The community -wide GHG inventory was completed in early 2019 based on data for 2017, and emissions were estimated to be about 750,000 IVIT CO2e, including both "local" (emissions that occur within the city limits) and "imported" (emissions are generated outside of Edmonds to produce the goods, food, and services consumed in Edmonds, or by the people of Edmonds while traveling outside of the city). Total local and imported emissions in 2017 were approximately 17.2 capita. For comparison, in 2017 the global per capita average was 6.4 the US average was 17.3 IVIT CO2e. a c 0 U Q M U Launch the CAP! a • Share out the climate0 Action Plan for the City of Edmonds 'Al (LI IL 0. 0 U) L 0 2017 Community GHG Emissions (MTCO2e) 750,000 w 5001000 ............. 0 0- MT CO2e per IVIT CO2e and 250,000 ...--- Emissions from operating buildings and transportation continue to be the two sectors with the largest local emissions sectors. Other key observations from the new inventory include: • Residential buildings in Edmonds have more than double the impact of commercial buildings. • In 2017, 75% of natural gas was consumed by the residential sector, nearly 25% by the commercial sector, and less than 1 % was consumed by the industrial sector. • Passenger transport, primarily in cars, is the leading source of transportation - related local GHG emissions. 0 Local + Imported Emissions 10 Buildings 0 Transportation Refrigerant Waste a Packet Pg. 65 !1�X a 1111F6,110 10 [ " !J ! 10 1 " ! 7.B.b As part of this CAP Update, our consultants prepared a tracking tool that focuses on a key metric for each of 10 strategies. This will allow the City to estimate progress in reducing local emissions on an annual basis, without having to do a complete new inventory. The tracking tool includes assumptions built off existing information about GHG emissions, population and employment growth, commuting patterns, and other factors, as well as uses 2017 a baseline. The baseline is projected based on population and employment growth, as a "business - as -usual" baseline through 2050, assuming behavior and technology remained the same. Based on the tracking tool, replacing fossil -fuel based gas, carbon -neutral refrigerants, carbon sequestration, and other measures are needed to meet our GHG emissions targets for 2050. Key metrics tracking progress of the CAP BE-1: Replace Fossil Fuels used in Buildings with Renewable Energy Resources* BE-2: Improve Energy Efficiency of Existing Buildings and Infrastructure BE-3: Require the Design and Construction of New and Remodeled Buildings to Meet Green Building Standards TR-1: Reduce Vehicle Miles Traveled (VMT) through Sustainable Land Use TR-2: Reduce VMT by Improving Transit Systems TR-3: Reduce VMT by Committing to a Complete Street Approach TR-4: Reduce VMT through Vehicle Sharing and Flexible Work Requirements TR-5: Promote Low -Carbon Vehicles and Other Methods of Reducing Emissions from Vehicles EN-1: Maintain or Increase Carbon Sequestration in Trees and Natural Areas LC-1: Reduce Material Consumption, Waste Generation, and Resource Depletion 3,1157 3,272 4,781 3,792 8,700 50,734 131 3,257 *Although this metric will not help 79,121 reduce GHG after the electric grid 64,745 is carbon neutral in 2030 , prior to that date, cumulatively it will produce-14,376 enough electricity to reduce GHGs by approximately 12,000 MTCO2e. 122% C] Number of new residential and commercia solar photovoltaic systems installed 6,253 Percent of existing residential and commercial area retrofitted 417 I Savings from 2017 improvements to wastewater treatment plant 1 Percent of new residential and commercial 7,870 development LEED-Certified or meeting net -zero carbon emissions 5,737 Residential units developed in centers 4,807 1 Percent of workforce commuting by transit 21177 Percent of workforce commuting on foot or by bicycle Percent of workers carpooling; Percent of 9,229 workers with alternate work week or work at home Number of electric vehicles registered 81,046 in Edmonds; Number of public charging stations or kilowatt hours of charging by stations 262 1 Number of trees planted 4,343 1 Tonnage of solid waste generated 122,141 188,918 Total Reduction (MT CO 2 e) 1.5°C Scenario Target Reduction (MT CO 2 e) 66,778 Reduction still Needed to Reach Target (MT CO2 e) 65% FPercent of Target Achieved Packet Pg. 66 7.B.b ctrategies and Action: Each action is accompanied by two icons: one indicates how important it is in reducing or preventing GHG emissions, and the other indicates how much influence the City has over the outcome. 3E-'I HP-niarp- Fc�ssi llPlS imp-ri in F BE-1.1: Adopt appropriate zoning allowances to facilitate installation of renewable energy projects and energy efficient equipment, such as height and side setback exceptions for heat pumps. BE-1.2: Provide financial assistance programs such as low interest loans or grants for installation of solar energy projects and energy efficient equipment for affordable housing projects, including residences and community facilities. GHG Reduction Potential 4WO %if BE-1.3: Promote electrification of heating and hot 1WNq water for all small business spaces by 2035. 1 %if BE-1.4: Promote electrification of all businesses, 04 including heating, hot water, and cooking, by 2050. %if BE-1.4: Educate the homeowners, renters, apartment managers, and businesses on the energy efficiency and cost effectiveness of electric heat pump heating and hot water systems. BE-1.6: Restrict or prohibit the use of fossil fuels for outdoor heating. BE-2.1 Support legislation to require gas supply systems statewide to be carbon -neutral by 2045. BE-2.d., Create and implement a green building incentive program. Medium Medium Medium Medium Degree of City Control 4 High 4 High Low $%,I Low High 4%11 Low High High Low %if Low Continue to improve energy efficiency of the Low City's wastewater treatment plant. 1%11 SE-3: Kenuire the Design and Cc •I I t•] r ►"I [= BE-' Adopt regulations to require new multi -family and commercial buildings to be 100% electric by 2023. BE-3.2: Require that all new multi -family residential and commercial buildings and any major commercial remodeling projects meet LEED or similar built green standards: LEED Gold for Commercial and LEED Silver for multifamily, to implement Resolution 1168. BE-3.3: Support changes to state building code to achieve net -zero energy consumption in new buildings by 2030. BE-3.4: Convert all City facilities to electric heat and hot water by 2035. BE-3.5: Prohibit the use of fossil fuels for outdoor heating at commercial facilities. i ■ :T 4WW %if Medium Medium �1) High 0 High High At -VIP 4 High 4 High Low OVOID High High —4 Level of Support oVA -- --, • Packet Pg. 67 •1A 1w Stratpqic Each action is accompanied by two icons: one indicates how important it is in reducing or preventing GHG emissions, and the other indicates how much influence the City has over the outcome. ,. TR-J,+' Adopt a multimodal level of service to enable complete streets outcomes. TR.' Develop code and guidelines and zoning that support mixed -use and transit oriented (Highway 99 and downtown) development in neighborhood commercial centers to encourage close -to -home local shopping and employment opportunities. TR-1.3: Provide tax or other incentives for low income or affordable housing projects in the City's activity centers. GHG Reduction Potential 1 Medium �V) High A %if Medium TR 1.4: Encourage more businesses to locate in Edmonds, such as by increasing commercial capacity by allowing commercial uses in more Medium locations, by permitting more intensive uses, or reducing parking requirements in areas well served by transit. 0 Degree of City Control noll High 4 High 4 High 4 High `�-2.1: Coordinate transit agencies to increase 41W A service and improve convenience to access new %if Medium � light rail connections. rc-2.21 Promote Sounder commuter rail stop in Medium Edmonds. t�%n i rc-2.3: Invest in transit stop amenities to improve 4w* transit ridership experience (e.g. shelter, bench, �, Mediumt*n lighting). T" Commit to installing one bike rack per block within neighborhood districts. 14�1 TR-3.2: Establish a complete streets process for A capital projects and a complete streets steering committee to sign off on compete streets recommendation or exemptions. Z-3.3, Develop a pedestrian priority investment network and triple funding in the Capital Improvements Plan. A %if R-3.4: Continue and expand "Walkable Weekends" to promote walking as a community activity that also 141411 supports local businesses. TR-3.5: Require bike parking and e-bike charging in new commercial and multifamily. lt�f. Medium Low Low Low eeoj� High Medium Medium High AM*) 4 High Low1 4High Low High Level of Support Packet Pg. 68 �trateg' end ' tionc Each action is accompanied by two icons: one indicates how important it is in reducing or preventing GHG emissions, and the other indicates how much influence the City has over the outcome. 11 GHG Reduction Potential T''-� '' -Explore bike and scooter share programs A within the City of Edmonds. TR-d 11• Formalize hybrid work options for City employees. 4�11 3: Explore opportunities to develop car share facilities with ferry system. TR-4.4* Increase utilization of the city commute trip reduction program for employees. c7J TR-5.1. Adopt standards for the placement of charging stations in public rights -of -way. TR-5.2: Convert City fleet to electric vehicles. T'R-';.3: Add charging stations at all City -owned facilities including parks. Medium Low Degree of City Control A A Medium Ovol'i High 1 Medium ;t Medium 4T�j Low t4A _ Low High High %I Medium ��� High f%i Medium High TR-5.4: Adopt a policy to limit vehicle idling, I I including the posting of appropriate signs at businesses and holding areas, such as school and Medium Low ferry areas. This action would include evaluating how %if t— to equip City trucks with auxiliary electrical systems for illumination and warning signs. TR-' Support the long-term plan for electrifying the Medium LoW Washington State ferry fleet. %if 'OW t— Level of Support Packet Pg. 69 !10 �i ate��• ^tins Each action is accompanied by two icons: one indicates how important it is in reducing or preventing GHG emissions, and the other indicates how much influence the City has over the outcome. 1411= "1: EN-11.11: Adopt a canopy coverage target for the city. EN-1.2: Identify pockets of woodlands and marsh land that the City could purchase to add to our parks system. EN-1.3: Identify City parks and open spaces where carbon sequestration could be increased. E F" '' For fee -in -lieu mitigation sites, prioritize sites that sequester carbon. GHG Reduction Potential %if Lon Degree of City Control me High i%lf Low High Low High Low High EN-1.5 Update the City Street Tree Plan to prioritize increasing tree cover in appropriate places along Low High the city's street rights -of -way, especially in areas of low canopy coverage. EN-1.6.- Explore application of biochar from the wastewater treatment plant to sequester Low Low carbon and improve soils in parks and residential developments. EN-1 - Assess the health of and changing stress on � Edmonds' urban forest and develop strategies to �� Low � Medium prevent loss of trees to heat, drought, and insects. V. Other-MethodsFtor Offse dmonds'GHG Emissions iN-2-OOV.xplore tting-E W - .0" - cN-2 Develop a periodic calculation of the gap between Edmondstargeted and actual GHG � Low High emissions reductions, for the metrics in this plan. EN 2.2o, Engage in a regional conversation about Low � High offsetting GHGs. 14�1 —, EN-2-3: Include a calculation of the social and mortality costs of carbon that would result from i%lf Low High each Comprehensive Plan update. EN-2 For any emissions that are not offset per metrics the tracking tool, prepare a calculation of � Low High the social and mortality cost on an annual basis. EN-2.5 Explore purchase of GHG offsets. Im N - 3M When planning for any climate change adaptations, include an assessment of which parts of the community would be most affected and who would benefit most from the measures proposed. %if EN-? 2. Develop a plan for adapting to sea level rise in Edmonds. 1:1�1 EN-3.3: Evaluate the risks to stormwater infrastructure from higher intensity storms, and develop plans for upgrades to the system and development codes, if necessary. Low nri High Low High Low 1 4 High Low V High On Level of Support Packet Pg. 70 1 !1*10ILTAIM Lim Efelte atp�ie• ^tins Each action is accompanied by two icons: one indicates how important it is in reducing or preventing GHG emissions, and the other indicates how much influence the City has over the outcome. �Fe r\ � re�� r � � ran h � �►t� �t r►1 � w� �tc� EN-3.4.- Develop a program to achieve water conservation in existing buildings and landscaping, with a goal of reducing per capita water use 7% by the year 2035. FN-3 Include measures in the City's Emergency Management Plan to ensure local energy supply at City operated mass care facilities, such as solar power and battery storage, in the event of electrical outages due to extreme weather or fires. GHG Degree Reduction of City Potential Control Level of Support 1%11 Low 1 4 High 1%11 Low I in*) High FN-' Create a network of emergency cooling Low centers to be available during extreme heat events. I %I$ strategies any' "ctia Each action is accompanied by two icons: one indicates how important it is in reducing or preventing GHG emissions, and the other indicates how much influence the City has over the outcome. LC-+' ` Reduce barriers to achieving Edmonds' zero -waste goal. A.2,.- Increase recycling bins in partnership with ocal businesses. -1.3,- Require recycled products for City - produced printed materials. C-1.4: Educate homeowners in composting. NoIncrease local food production LC-2.1: Educate people in smaller households on ways to reduce food waste. -2.2: Educate consumers on the GHG as well as health benefits of consuming less pre -packaged food. 1.3: Involve community in identifying City parks and other property, both City -owned and private, as potential sites for neighborhood public "P-Patches." GHG Reduction Potential f�f %if Medium Medium High —4 Degree of City Control F] High High Low High Low Medium �1) High t�f Medium Low Low Low High Level of Support LC-2.4: Continue to promote local farmers' markets. Low A Medium Packet Pg. 71 7.B.c Edmonds CAP Engagement Open House #2 Summary July 28, 2022 1 Waterfront Center 16:00pm to 8:00pm August 11, 2022 1 Edmonds Lutheran Church 1 6:00pm to 8:00pm Purpose The purpose of the workshop was to launch the Edmonds Climate Action Plan (CAP). The Open House began with an overview of the CAP, key sector highlights, and ended with an interactive activity for discussion. Participants rotated across four stations, with a facilitator at each station to foster discussion. Each station was associated with a different element or sector of the CAP and included a poster board with strategies and actions listed. The City of Edmonds hosted two in -person Open Houses to launch the final CAP. The following tables share level of support and comments from each event. Links to Materials CAP Bmchure • Open House PowerPoint Presentation Aqenda Time Topic 6:00 — 6:05 pm Welcome participants to the space 6:05 — 6:15 pm Introduction 6:15 — 6:30 pm Presentation: City of Edmonds and ESA 6:30 — 6:40 pm Brief Q&A Session 6:40 — 7:50 pm Station Discussions 7:50 — 8:00 pm Closing 1 Packet Pg. 72 E U 7.B.c Workshop Outcomes SupportLevel of Strategy BUILDINGS AND ENERGY Onpray Resource BE-1.1: Adopt appropriate zoning Stop using seductive semantics of "renewable energy allowances to facilitate installation of projects". What exactly is meant here? Solar is a poor renewable energy projects and energy investment for the Northwest as it produces very little efficient equipment, such as height exactly when we need it the most, during the winter. What and side setback exceptions for heat else is there? Wind turbines? Tidal power? pumps. BE-1.2: Provide financial assistance If these projects cannot pay for themselves then the City programs such as low interest loans should not be spending taxpayer money on virtue or grants for installation of solar signaling. See above for comments on poor solar power energy projects and energy efficient for Northwest equipment for affordable housing projects, including residences and community facilities. BE-1.3: Promote electrification of heating and hot water for all small business spaces by 2035. BE-1.4: Promote electrification of all Incentives for converting gas to electric businesses, including heating, hot water, and cooking, by 2050.M BE-1.5: Educate the homeowners, Yes, please renters, apartment managers, and businesses on the energy efficiency and cost effectiveness of electric heat pump heating and hot water systems. BE-1.6: Restrict or prohibit the use of fossil fuels for outdoor heating. BE-2.1: Support legislation to require This is an underhanded means to eliminate natural gas. gas supply systems statewide to That is the real goal of this project so it should be stated be carbon -neutral by 2045. plainly. Conversations with CAP team and some residents make it clear that natural gas is viewed badly. This is m w a D c a c 0 r L) Q a� r CU E U L E E Cn N a 0 t N L 0 c m E m a� CU c w a Q U c 0 E w c a� t a Packet Pg. 73 7.B.c Workshop Outcomes Strategy SupportLevel of baffling as the increased use of natural gas has reduced GHG for North America. BE-2.2: Create and implement a There is little evidence that green buildings do little more green building incentive program. than drive up costs and virtue signal. Everyone is for energy efficiency. Don't force actions on people that don't make sense to the person directly paying for the project. BE-2.3: Continue to improve energy efficiency of the City's wastewater treatment plant ff-3: Require the Design and Construction of New and Remodeled Buildings to Meet Green Wping Standards BE-3.1: Adopt regulations to require • All electric homes are terribly vulnerable to power outages, new multi -family and commercial which happen regularly here. There is a reason Costco buildings to be 100% electric by 2023. sells natural gas generators. Again, natural gas is portrayed as a problem, not as a solution. BE-3.2: Require that all new multi- 9 Another example of elite administrators dictating policies family residential and commercial that do not cost them anything. If LEED makes sense to a buildings and any major commercial builder then they'll do it on their own. There is a reason remodeling projects meet LEED or LEED isn't popular similar built green standards: LEED Gold for Commercial and LEED Silver for multifamily, to implement Resolution 1168. BE-3.3: Support changes to state building code to achieve net - zero energy consumption in new buildings by 2030. BE-3.4: Convert all City facilities to 9 Focus on: big impact of GHG -> high influence for change electric heat and hot water by 2035. BE-3.5: Prohibit the use of fossil fuels • When focusing on increasing use of electricity consider for outdoor heating at commercial the higher of when that is the only source facilities. 0 When increasing tree cover, consider additional cost to heat • Talk w/ PCC + other businesses to workshop how to use electric stoves/grills m w a c (L c 0 L) Q a) M E U L R E Cn N a 0 t N L 0 c m E m a� c w a Q U c 0 E w r c a� E t r a Packet Pg. 74 7.B.c .irkshnn Outcc d w CL to ' Biggest issues: Food, water, climate refugees. a • PUD agreement w/ Edmonds for 100% renewable — o • Was it not renewal for 22/23? L) PUD stopped this option + CETA bill Q Does anyone know how much LED lightning a� transition occurred? Short answer no E Susan to figure out if sheet leaps transitioned — that's �? a PUD question — they own 90% National projection doesn't include Inflation Reduction Act Climate Bill — too early to quantify E Tracking progress — who will do? Correctly ESA contract Cn N Tree canopy — Tree Equity Score website worth a o look t Recycling limitations — multiple providers, interlocal L agreements; 7 year turnover 0 Bike parking code update? All done? But not pushed through? Voted again Boat electrification? E Bus electrification — 10 yr horizon, shorter runs on - demand dial -or -ride Subsidized bus pass/reimbursements w a Smaller/more frequent East/West routes for areas far Q U from groceries, etc. Yes! Move people not cars. o TR-1.1: Adopt a multimodal level of It is very unclear what this means or how it will help. 1 0 More frequent east/west trips, buses running both E service to enable complete streets looked online for a better description but couldn't find one. directions w outcomes. Please provide more detail. 0 Long-term commuter bike storage • Smaller cars? Smaller parking? amenities etc, °' motorcycle parking r a Packet Pg. 75 7.B.c Workshop Outcomes SupportLevel Strategy R-1.2: Develop code and guidelines of Transit use within Edmonds, by residents to get to another + 100%! Support "homes for WX at state level and zoning that support mixed -use location within Edmonds, is almost non-existent. This isn't and transit oriented (Highway 99 and because there isn't enough transit, but because transit downtown) development in takes so long to use. No one is going to walk two or three neighborhood commercial centers to blocks from their house to catch a bus to go to Hwy 99 or encourage close -to -home local downtown. shopping and employment This is also in opposition to ideas of increasing Sounder opportunities. use. I rode the bus and then Sounder for 30 years to Seattle or Bellevue. Sounder destroyed local Community Transit bus routes as everyone switched. For many years I walked seven blocks in the rain (and along muddy edges of roads without sidewalks) to catch a CT bus to get me to Lynnwood Transit Center. That all died with Sounder. R-1.3: Provide tax or other incentives for low income or affordable housing projects in the Cit 's activity centers. R-1.4: Encourage more businesses o locate in Edmonds, such as by increasing commercial capacity by allowing commercial uses in more locations, by permitting more intensive uses, or reducing parking requirements in areas well served by transit. Small, more local form of transit in town. Small shuttles, on -demand transit, etc. R-2.1: Coordinate transit agencies too Need more parking at transit stations or car shares to get a Connect Link w/ bus routes increase service and improve to transit centers a Express line no transfers to Light Rail convenience to access new light rail a People need access to get to transit centers connections. a The new work -from -home paradigm has significantly reduced the need for transit to downtown work centers. R-2.2: Promote Sounder commuter a There is already a Sounder stop. I rode Sounder for years a Future of Sounder when the Link arrives? rail stop in Edmonds. for work. Ridership was low and very expensive for a Increase Sounder service beyond current very -limited taxpayers as it was heavily subsidized. Ridership appears time constraints m a c i a c 0 r U a M r E U M E E N a 0 N L 0 c m E m 0 a� c w IL a U c 0 E w c as E c� a Packet Pg. 76 7.B.c Workshop Outcomes SupportLevel of Strategy to be even lower now as the parking lot is empty during the day when it was packed before. R-2.3: Invest in transit stop a Amenities do not increase ridership. People ride because amenities to improve transit ridership they have to. I used transit daily for 30 years. experience (e.g. shelter, bench, lighting). R-3.1: Commit to installing one bike a Edmonds gets a significant amount of its revenue from car a Identify locations where bike racks (or bike lockers) rack per block within neighborhood sales, sales tax from car dealers on Hwy 99 — most of are most effective/needed v. arbitrary 1/block districts. those cars/trucks are gasoline powered. That is "dirty a Yes! Our complete streets code can be better money". What can we do to pressure car dealers to implemented increase/incentivize electric car/truck sales No one rides their bikes, and it is not because there are no bike racks. About ten years ago a bike lane was built along 76th Avenue West from Perrinville South. I drive that every day and never see any bike riders. Parking along one side of that street was removed for long sections, for no purpose. R-3.2: Establish a complete streets I can't find enough information to comment. process for capital projects and a complete streets steering committee o sign off on compete streets recommendation or exemptions. R-3.3: Develop a pedestrian priority Thanks to Kernen Lien who shared the project list with me. Walk + roll! investment network and triple funding I see that the many sidewalks needed are identified, in the Capital Improvements Plan. including the one I've been writing about for 30 years. This is a plus. Be aware that this will not likely increase pedestrian traffic, but it will make existing pedestrian use safer and more pleasant R-3.4: Continue and expand "Walkable Weekends" to promote walking as a community activity that also supports local businesses. m a c i a c 0 U a r E U c� E E N a 0 N L 0 c m m 0 vM c w IL a U c 0 E w r c as E c� a Packet Pg. 77 7.B.c Workshop Outcomes SupportLevel of Strategy R-3.5: Require bike parking and e- Future: protected bike lanes (now people fear safety of bike charging in new commercial and bikes on road) multifamily. through. R-4.1: Explore bike and scooter a More bike lanes share programs within the City of a Walkable sidewalks (add curb cuts) Edmonds. a Grocery in the bowl Has there ever been a successful bike or scooter plan anywhere? That's a serious question as I've seen a lot of them in all sorts of cities. R-4.2: Formalize hybrid work options a Why is this insignificant item on this plan? The City should or City employees. do what's right for employees and not score points for CAP. R-4.3: Explore opportunities to 8 This needs much more definition. There are already many develop car share facilities with ferry carpool vans available so what is new here? system. R-4.4: Increase utilization of the city commute trip reduction program for em to ees. • • • Consider allowing more golf cart use Better biker education + safety so bikers know how to get • • • • • around safely More accessible bike shops. Consider a small bike shop/help station at city hall or downtown central location Local, frequent shuttle/transit to city locations — grocery, medical, etc. Not just the light rail Better information sharing about safe + viable bike routes — maps, apps, signs, etc. People won't bike if it isn't safe. Improve bikes safety with protect bike lanes to major destinations. TR-5.1: Adopt standards for the Standards are a good idea but I'm reluctant to see these placement of charging stations in widely dispersed throughout the city. Homeowners should public rights -of -way. pay for their own and renters need to talk to their landlords. m a c c� a c 0 r a a� r E U M E N Q 0 N Y `0 c m E m 0 vm c w IL a U c 0 E w r c as c� a Packet Pg. 78 7.B.c Workshop Outcomes SupportLevel Strategy R-5.2: Convert City fleet to electric of a Is this cost neutral? vehicles. R-5.3: Add charging stations at all a See TR-5.1 above. Why are all taxpayers providing a free City -owned facilities including parks. resource to people? R-5.4: Adopt a policy to limit vehicle Yes! School pick up lines — save gas! Turn off idling, including the posting of engines when standby! appropriate signs at businesses and holding areas, such as school and ferry areas. This action would include evaluating how to equip City trucks with auxiliary electrical systems for illumination and warning signs. R-5.5: Support the long-term plan for How do we plan to implement the strategies Parking spaces excused from property tax if electrifying the Washington State ferry providing solar supported parking spaces/shelter fleet. • Marshlands is close to (maybe even exceeds) forests in ability to sequester carbon -purchase Unocal property + a Is this plan going to be presented to council as a full package or in modules? • double the marsh's carbon sequestration a How can we concentrate resources on expanding If 87% of trees are on private property, we will eventually tree canopy need to do the unthinkable + protect private property trees a What are #s behind metrics — GHG reduction/degree too of city control Want high impact, high city control a How are these metrics measured? Educating community on impact is important EN-1.1: Adopt a canopy coverage 0 More native plants that are drought resistant target for the city. a By CAP's own measure this has low potential. This is one of the last things to be done. EN-1.2: Identify pockets of woodlands a Why wasn't this done for Perrinville Woods? and marsh land that the City could purchase to add to our parks system. EN-1.3: Identify City parks and open a Be more clear was "carbon sequestration" means. No Incentivize more improved open/green space spaces where carbon sequestration more trees can be added without taking away from the requirements w/ MF housing zoning! could be increased. m a c i a c 0 U a a� r E U c� E E N a 0 N Y L 0 c m E m 0 a� c w IL a U c 0 E w r c as E c� a Packet Pg. 79 7.B.c Workshop Outcomes SupportLevel Strategy of limited open space. As it stands it appears to be a "feel a Green/open space is zero lot line to zero lot line good" statement. development - create in code EN-1.4: For fee -in -lieu mitigation sites, a Incentivized + support replacement of lawns w/ native prioritize sites that sequester carbon. plantings that support life- supporting insects & birds as well as other wildlife EN-1.5: Update the City Street Tree a Develop something that doesn't cut down the trees a Elementary & maintain public trees Plan to prioritize increasing tree cover a Focus on replacing trees that need to be cut down due to in appropriate places along the city's development street rights -of -way, especially in areas of low canopy coverage. EN-1.6: Explore application of biochar from the wastewater treatment plant o sequester carbon and improve soils in parks and residential developments. EN-1.7: Assess the health of and changing stress on Edmonds' urban forest and develop strategies to prevent loss of trees to heat, drought, and insects. R.R.. EN-2.1: Develop a periodic calculation a This is the definition of the CAP. Why include this here? of the gap between Edmonds' What this should say is periodically evaluate if CAP is targeted and actual GHG emissions doing any good. reductions, for the metrics in this plan. EN 2.2: Engage in a regional a Thanks to Kernen Lien who explained how the Growth conversation about offsetting GHGs. Management Act is forcing Edmonds to accept more residents by 2040. Is there similar legislation for GHG? EN-2.3: Include a calculation of the a In addition, a calculation of the financial, social, and social and mortality costs of carbon mortality costs of implementing this plan needs to be that would result from each done. There is no free lunch. There are significant ways Comprehensive Plan update. that people's lives will be degraded with these proposals. EN-2.4: For any emissions that are not offset per metrics the tracking tool, m a c i a c 0 U a a� E U c� E E N a 0 N Y `0 c m E m vm c w a a U c 0 E w c as E c� a Packet Pg. 80 7.B.c Workshop Outcomes SupportLevel of Strategy prepare a calculation of the social and mortality cost on an annual basis. EN-2.5: Explore purchase of GHG Carbon offset + clean energy fund for the City offsets. EN-3.1: When planning for any During the CAP presentation one of the city staff spent a 100% climate change adaptations, include long-time extolling what she assumed to be the poorer an assessment of which parts of the residents as "climate champions" because they used less community would be most affected energy. She held them up as examples. This is ridiculous. and who would benefit most from the Very likely, if they had more money, they'd love to use measures proposed. more energy and consume more resources. Stop moralizing. The same speaker tried to generate woke pity for these residents because they live in a "heat island". Thankfully other attendees questioned this simplistic attitude. Again, stop moralizing. EN-3.2: Develop a plan for adapting too Tsunami preparedness for infrastructure sea level rise in Edmonds. Education campaigns/public art on SLR education What sea level rise? I have been going to Edmonds beaches (all of them!) for over 30 years. I have not noticed any sea level rise that has interfered with my use of the beaches. That is in direct contradiction of the many hysterical predictions during that time. have seen occasional floods of the Harbor Square area and Sounder parking lot. They have always occurred. Sea level rise in Puget Sound is not a problem. EN-3.3: Evaluate the risks to Copenhagen beaches a Re-establish rain garden program to reduce energy stormwater infrastructure from higher Again, I haven't seen any stormwater increases and don't intensive lawns w/ rain absorbing filtration intensity storms, and develop plans expect to see any. Stop relying on broken forecasting a Plant hundreds more trees all around Edmonds! or upgrades to the system and models. development codes, if necessary. EN-3.4: Develop a program to achieve Missing: Focus on single family homes. Nature scaping water conservation in existing rather than grass lawns buildings and landscaping, with a goal 10 Packet Pg. 81 m a c c� a c 0 U a E U c� E E 0 N Q 0 N Y L 0 c m E m 0 a� c w IL a U c 0 E w r c as E c� a 7.B.c Workshop Outcomes SupportLevel Strategy of reducing per capita water use 7% of by the year 2035. EN-3.5: Include measures in the City's Emergency Management Plan to ensure local energy supply at City operated mass care facilities, such as solar power and battery storage, in he event of electrical outages due to extreme weather or fires. EN-3.6: Create a network of a Retrofit existing buildings with energy usage cooling emergency cooling centers to be efficiencies available during extreme heat events. • • • Financial assistance for people Wildland urban interface and wildfire risk 0 Retrofit existing buildings w/ low energy usage cooling efficiencies. • • ' ' • ' Wildfire + wildfire smoke 0 I.e., shading structure tree canopy, shading devices Terracycle — recycling PPE, batteries, just purchase bins coupled w/ solar production + insulation retrofit from them. Place these in community spaces 0 Eliminate or reduce gas -powered leaf blowers/lawn Start with kids — mandatory course in HS mowers — provide exchange program Encourage HS students + college students Convert city park use of gas -powered tools to electric Implementation biggest challenge a Reserve gas -powered for specific needs How to change behavior Education is #1 Coalition on building managers Key to equation to improving efficiency in apartment buildings Carbon offset program Financing LC-1.1: Reduce barriers to achieving Waste should be reduced in an optimal level. There is no Edmonds' zero -waste goal. evidence that zero waste, whatever that means, is ideal. This is another slogan that doesn't mean much. LC-1.2: Increase recycling bins in Educate individuals about these actions partnership with local businesses. Increase the # of materials able to recycle 11 Packet Pg. 82 m a c i a c 0 U a E U cU E E 0 N Q 0 N Y `0 c m E m 0 a� c w IL a U c 0 E w c as E c� a 7.B.c Workshop Outcomes SupportLevel Strategy of Missing: teaching kids about these actions We are awash in recycling bins. We don't need any more. LC-1.3: Require recycled products for a Another almost zero potential item. Drop it. a Reduce/eliminate gas -powered landscape equipment City- produced printed materials. (city, landscapers, and homeowners) LC-1.4: Educate homeowners in composting. Interfaith climate action -> climate change conference this a Increase compost/recycling programs year could be a good opportunity to engage folks. a Work w/ county Incentivize businesses to use compostable containers Decrease importation of meat & dairy Incentivize increase in plant -based opportunities Promotes — provide examples @ city function LC-2.1: Educate people in smaller a Videos on recycling — what you can +why households on ways to reduce food Videos on compost — what and why waste. a Climate Fair — education people about how they can make change Picking up recycling + compost once a week -> more often than every 2 weeks More marketing & events such as this — community surveys getting more people involved Is this really the City's job? We have LOTS of things to do. Is this really that important? LC-2.2: Educate consumers on the CAP itself says zero potential. Drop this. GHG as well as health benefits of consuming less pre -packaged food. LC-2.3: Involve community in P-Patches can be great for people. The new pickleball Invite condos throughout the city to participate in identifying City parks and other courts seem to be popular. proof -of -concept for creating rooftop herb garden. property, both City -owned and private, Offer the herbs free at Sat. market as potential sites for neighborhood public "P-Patches." LC-2.4: Continue to promote local Missing: vegetarian diets education farmers' markets. 12 Packet Pg. 83 m a c c� a c 0 U a a� r E U M E E N a 0 N L 0 c m E m 0 vm c w IL a U c 0 E w c as E c� a 7.B.c Additional Discussion Notes Below are additional questions and comments that the City received throughout the two workshops. These were either provided during the formal Q&A time period, small group discussions with City staff, or written responses before or after the event. When applicable, we have also provided additional City responses. General Comment and/or Question City Response, if applicable Buildings and Energy Participants wanted to know if the City is electrifying its use of natural gas in its City stated that some City buildings still use natural gas, facilities, what the details are, and the plan. but there is an action that addresses that. Why does BE-1 lack a quantifiable GHG reduction? The number of solar installations is a weak metric not directly tied to a GHG reduction. An installation could be one panel or one hundred of varying nameplate capacity (wattage) or productivity (watt-hours) due to technology, placement, etc. Why does BE-3.1 only address new development of multifamily housing and businesses? Specifically, why is single family housing missing? Could the City require solar feasibility studies on new developments? Or solar - ready wiring a la the EV-ready standards already in place. Does the City know the number of households with natural gas? Does natural gas use generate revenue for the City in any way? Or the County? Charging stations — what's the source of the electricity and can the city provide solar for charging? Use of right of way Solar + EVSE delivered — grid Previously Edmonds contracted 100% renewable energy from SnoPUD, but this PUD stopped offering this option because of the demands wasn't renewed in '22 — why? of the CETA bill. Does anyone know how much LED lighting has occurred in homes and No. While it can be estimated very roughly, it is incredibly businesses? hard to pin down. Susan will figure out what percentage of streetlights have transitioned. Councilwoman Paine pointed out that's a SnoPUD question because they own 90% of them in Edmonds. Transportation Where is the bike parking code update? It's supposedly done, but not adopted. Especially for long-term enclosures for safe commute storage. Boat electrification other than the ferry and providing high voltage at the waterfront and marina(s) 13 Packet Pg. 84 a c a c 0 r U a a� E U 7.B.c General Comment and/or Question City Response, if applicable Bus electrification — Community Transit has it on a 10yr horizon. Interest in shorter, more frequent, smaller runs for high -traffic areas with important resources like groceries, especially east/west routes. Exploring on -demand services/dial-a-ride. Bus pass subsidization, business co-ops for employee annual pass purchasing i.e., a strip mall, business district, or similar banding together to buy employee passes at a reduced cost vs. employees buying their passes individually at great expense. $1400 vs. $45. General interest in ensuring the Link expansion has direct or even express service for Edmonds. C: I can't imagine this isn't already planned by Community Transit but making sure it reflects needs accurately is important. Purchase of EVs — what are the city's plans? Use full life or retire to stimulate used market for low-income What are the City's plans for continuing its fleet electrification? What is its lifecycle The CAP states the transition timeline. The depreciation and depreciation policy? How can this policy help provide lower -cost EVs to the and retirement policy is a new angle that should be community once the vehicles are retired? considered. What's the source of the electricity for EVSE and can the City provide solar for Charging power comes off the grid, so same as regional charging? average. Solar production and EVSE can be delinked because of the interconnection of the grid. The City's looking at developing criteria for providing EVSE in the ROW, plus its requirements of housing and businesses already codified. Environment Is this plan going to be presented to Council as a full package or in segments? How can we concentrate resources on expanding tree canopy? What are the numbers behind the metrics? GHG reduction and City's degree of control Do the national emissions projections include the Inflation Reduction Act `climate No, it's far too early to quantify its impacts. bill'? Lifestyle and Consumption Concern over the longevity and possible health impacts from radiation of smart meters. Not just the specific smart meter(s) chosen by the PUD, but all smart meters. Can the City or PUD end/refuse to renew contracts with PSE permitting the delivery of natural gas via public infrastructure? Why is the range of recyclables so limited? Edmonds has 3 different solid waste providers tied up in interlocal agreements that go up for renewal and reconsideration every 7 years. What these contractors can accept varies. C& Furthermore, recycling is challenging in 14 Packet Pg. 85 m a c M a c 0 r a a� E U c� E E 0 N a 0 N L 0 c m E m vM c w a a U c 0 E w r c as E c� a 7.B.c Comment and/or Question Response,General City applicable general. Contaminated waste streams from people overzealously attempting to recycle things that can't be leads to inefficiency, waste, and costs. The "reduce, reuse, recycle" mantra is meant to be followed in order. General Complaints that Snohomish County PUD is too hierarchical and top -down. Unbalanced Discussion. It was assumed in everything presented that GHG is a catastrophe and that we need to be taking strong action right now. The icebreaker questions were heavily slanted to elicit anxiety. There was no acknowledgment of the tremendous failures of past climate modeling. The forecast charts used in the presentation did not give any background. I have glanced through the materials I can find on the City web site and they are the same. The CAP is promoting huge changes and only one side is being presented. CAP needs to be reviewed in a wider light. Threatening Legislation. Natural gas appears to be very unpopular among the presenters and at least some of the audience. One of the consultants bemoaned that there wasn't legislation banning natural gas so that everyone would have to be all electric. It was a quick comment during his presentation but it was revealing. Is this the kind of approach the City is looking for? No Cost Transparency. What are the costs of CAP? I saw nothing presented re costs from staff salaries and consultants. This should be front and center on the CAP web site. (I have seen this same reluctance by Staff elsewhere. Recently I attended a Reimagining open house in Perrinville. I asked about the cost of the consultants that were present. The speaker said she'd tell me privately after but persisted and when other audience participants chimed in she explained. This speaker was also a speaker at CAP Open House.) What are the costs for implementing these ideas? There are some direct costs in putting in new EV charging stations and whatnot. Those are relatively small but should be identified. Much more important, what are the costs to residents that they will be forced (and I mean forced, see comment above) when they have to give up flexible energy sources (eliminating natural gas), paying for LEED, etc. Staff and consultants won't pay these costs but they get to show off their efforts as virtue signaling. How can attendees ensure the political drive + legislation this requires? What's the timeline for implementation? Dashboard - Climate action Compare w/ local cities Do competitions general Who will track progress toward the CAP goals? Will this progress be publicly Currently that is ESA's role as a contracted consultant. available? Yes, progress tracking will be public. 15 Packet Pg. 86 m a c i a c 0 r U a a� r 0 E U c� E E 0 N a 0 N L 0 c am E m 0 vm c w IL a U c 0 E w r c as E c� a 7.B.c General Comment and/or Question City Response, if applicable Has the City looked at the Tree Equity Score? No but thank you for the recommendation of this tool. How can attendees ensure the political drive and legislation required to achieve Express interest/concern to councilmembers. Council is the goals of the CAP? What's the timeline for adoption by Council? expected to vote on the CAP's adoption this fall. Equity and Accessibility The participants were overwhelmingly white English-speaking seniors. Participants were keen on increasing engagement with underrepresented communities. Equity efforts are lip service if our frontline communities are not at the table. Who are these communities and why were they missing? • 11 % Asian (inc. multiracial), 8% Latino, 17% speak a language other than English (both inclusive and exclusive of English). 15% foreign -born. • Median age: 45. 60+ is 28% of population, but seemingly vast majority of attendees. 56% of pop. Is 18-61 (late Boomers through Gen Z) and 35% is 15- 44 (late Gen X through Gen Z). • Renters are 28% of households. One third of renters are housing stressed (rent > 30% of income) • About half of adults 26+ lack a bachelor's degree • Poverty rate is very low, but of those in poverty, Latinos, 'some other race', and high school dropouts are over -represented. • Census Bureau data has its own blind spots, such as the unhoused. • The crossover of these frontline communities needs consideration. A participant from any one of these groups likely belongs to one or more other groups, too. Summarized missing frontline community participants • Asians, Latinos, residents with lower English proficiency in general, and foreign -born and non -citizen residents • People under 60, especially people under 45. Youth would be even better. • Renters, especially the housing -stressed Potentially missed allies • Spanish language or Asian churches, cultural centers, and community organizations • Tennant/renter advocacy groups, poverty and homelessness service organizations • High schools and community colleges Appropriate Participant Engagement • Using technology like smartphone surveys and QR codes were poor choices with the senior participants, as it wasted significant time, created frustration, and alienated them. 16 Packet Pg. 87 m a c c� a c 0 r U a a� r 0 E U c� E E 0 N a 0 N Y L 0 c am E m 0 vm c w IL a U c 0 E w r c as E c� a 7.B.c General Comment and/or Question City Response, if applicable • Slide graphics were illegible, especially for seniors with probable vision issues. What works in print or online doesn't work at 20-60ft on a projector. Make presentation -specific versions. • Dot stickers were not utilized, probably because attendees were not instructed. 17 Packet Pg. 88 E U