Ordinance 4278ORDINANCE NO. 4278
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ESTABLISHING INTERIM DEVELOPMENT REGULATIONS FOR
THE CG ZONE, DECLARING AN EMERGENCY NECESSITATING
THE IMMEDIATE EFFECTIVENESS OF THE ORDINANCE, AND
SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE
ORDINANCE.
WHEREAS, City of Edmonds completed a subarea planning process for the Highway 99
corridor in 2017, which included adopting the subarea plan into the Comprehensive Plan (Ord.
4077), updating the General Commercial zoning in Chapter 16.60 ECDC (Ord. 4078), and
establishing the State Environmental Policy Act (SEPA) Environmental Impact Statement (EIS)
as a planned action (Ord. 4079); and
WHEREAS, the Planned Action EIS included Alternative 2 (the preferred alternative)
which included the following language regarding stepbacks for development adjacent to and
across the street from single-family zoned property:
Upper story stepbacks
Adjacent to single family zones provide 10-foot upper story stepback for
the portion of the building above 25 feet. Provide 20-foot upper-story stepback from the
lot line for the portion of the building above 55 feet.
Across the street from single family zones provide eight-foot stepback for
the portion of the building above 25 feet. Provide 16-foot upper story stepback from the
lot line for the portion of the building above 55 feet; and
WHEREAS, while the description of the preferred alternative includes stepbacks for
development across the street from single family zones, this was not discussed in the Subarea
Plan, included in the mitigation measures adopted in Ord. 4079, or in the updated CG zoning
code;and
WHEREAS, only the step backs for development adjacent to ( or abutting) single family
zones were included in the mitigation measures and the updated CG zoning code; and
WHEREAS, staff is recommending that the city council adopt this emergency interim
ordinance to establish upper floor step backs for development across the street from single family
zones until additional consideration can be given to whether such step backs should be adopted
as a permanent regulation; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS
FOLLOWS:
Section 1. Interim Site Development Standards. Section 16.60.020 of the Edmonds
Community Development Code, entitled, "Site development standards -General," is hereby
amended to read as set forth in Exhibit A, which is attached hereto and incorporated herein by
this reference as if fully set forth (new text is shown in underline; deleted text is shown in
strilcethrm1gb).
Section 2. Duration of Interim Regulations Adopted in Section 1. The interim
regulations adopted by section 1 of this ordinance shall commence on the effective date of this
ordinance. As long as the city holds a public hearing on this ordinance and adopts findings and
conclusions in support of its continued effectiveness (as contemplated by Section 3 herein), this
ordinance shall not terminate until six (6) months after the effective date, unless it is repealed
sooner.
Section 3. Public Hearing on Interim Standards. Pursuant to RCW 36.70A.390 and
RCW 35A.63.220, the city council shall hold a public hearing on this interim ordinance within
sixty (60) days of its adoption. In this case, the hearing shall be held on November 15, 2022
unless the city council, by subsequently adopted resolution, provides for a different hearing date.
No later than the next regular council meeting immediately following the hearing, the city
council shall adopt findings of fact on the subject of this interim ordinance and either justify its
continued effectiveness or repeal the interim ordinance.
Section 4. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 5. Declaration of Emergency. This ordinance, being an exercise of a power
specifically delegated to the city council, is not subject to referendum. Because it is not subject to
referendum, RCW 35A.12.130 applies. Pursuant to RCW 35A.12.130, this ordinance shall take
2
effect immediately upon passage by a majority vote plus one of the whole membership of the
city council. The city council hereby declares that an emergency exists necessitating that this
ordinance take immediate effect. Without an immediate adoption of the interim standards
described herein, development applications could become vested, leading to the development of
property that is not consistent with the city's values and vision for the Highway 99 subarea.
Therefore, these interim regulations must be imposed as an emergency measure to protect the
public health, safety, and welfare, and to prevent the vesting of building permit applications to
other regulations. This ordinance does not affect any existing vested rights.
Section 6. Publication. This ordinance shall be published by an approved summary
consisting of the title.
Section 7. Effecti ve D ate . This ordinance is not subject to referendum and shall take
effect and be in full force and effect immediately upon passage, as set forth herein, as long as it
is approved by a majority plus one of the entire membership of the Council, as required by RCW
35A.12.130. If it is only approved by a majority of the Council, it will take effect five days after
passage and publication.
ATTEST/AUTHENTICATED:
C~SS EY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
3
BY~
JEFF TARADAY -
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
September 30, 2022
October 4, 2022
October 7, 2022
October 4, 2022
4278
4
SUMMARY OF ORDINANCE NO. 4278
of the City of Edmonds, Washington
On the 4th day of October, 2022, the City Council of the City of Edmonds, passed Ordinance No.
4278. A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ESTABLISHING INTERIM DEVELOPMENT REGULATIONS FOR
THE CG ZONE, DECLARING AN EMERGENCY NECESSITATING
THE IMMEDIATE EFFECTIVENESS OF THE ORDINANCE, AND
SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE
ORDINANCE.
The full text of this Ordinance will be mailed upon request.
DATED this 4th day of October 4, 2022.
~PASSEY
5
EXHIBIT A
16.60.020 Site development standards -General.
A. Table. Except as hereinafter provided, development requirements shall be as follows:
Minimum
Minimum Lot Minimum Lot Minimum Side/Rear Maximum Maximum
Area Width Street Setback Setback Height Floor Area
CG None None 5'/10'2 0'/15'1 75'3 None
1 Fifteen feet from all lot lines adjacent to RM or RS zoned property; otherwise no setback is
required by this subsection.
2 The five-foot minimum width applies only to permitted outdoor auto sales use; otherwise
the minimum is 10 feet.
' None for structures located within an area designated as a high -rise node on the
comprehensive plan map.
B. Maximum height for purposes of this chapter need not include railings, chimneys,
mechanical equipment or other exterior building appurtenances that do not provide interior
livable space. In no case shall building appurtenances together comprise more than 20 percent
of the building surface area above the maximum height.
C. Pedestrian Area.
1. For purposes of this chapter, the pedestrian area described herein is the area adjacent
to the street that encompasses the public right-of-way from the edge of the curb (or, if no
curb, from the edge of pavement) and the street setback area, as identified in the table in
subsection (A) of this section.
2. The pedestrian area is composed of three zones: the activity zone, the pedestrian zone,
and the streetscape zone. Providing improvements to the pedestrian area, as needed to
be consistent with this subsection on at least the primary street, is required as part of
development projects, excluding development that would not add a new building or that
consists of building improvements that do not add floor area equaling more than 10
percent of the building's existing floor area or that consists of additional parking stalls
that comprise less than 10 percent of the existing parking stalls or that consists of
development otherwise exempted under this chapter.
a. Activity Zone. The activity zone shall be the open-air pedestrian area from the
building front to the edge of the pedestrian zone. The activity zone is the section of
the pedestrian area that is reserved for activities that commonly occur immediately
adjacent to the building facade. Typical amenities or activities included in the activity
zone include, but are not limited to, sidewalks, benches, potted plants, outdoor
EXHIBIT A
dining and shopping. The area shall be paved to connect with the pedestrian zone in
an ADA-accessible manner. Stairs, stoops and raised decks or porches may be
constructed in a portion of the activity zone.
b. Pedestrian Zone. The pedestrian zone is located between the activity zone and the
streetscape zone. The pedestrian zone consists of a minimum five-foot clear and
unobstructed path for safe and efficient through traffic for pedestrians. Architectural
projections and outdoor dining may be permitted to encroach into the pedestrian
zone only where a minimum five-foot clear path and seven-foot vertical clearance is
maintained within the pedestrian zone.
c. Streetscape Zone. The streetscape zone is located between the curb or pavement
edge to the edge of the pedestrian zone and shall be a minimum of five feet wide.
The streetscape zone is the section that is reserved for pedestrian use and for
amenities and facilities that commonly occur between the adjacent curb or
pavement edge and pedestrian through traffic. Typical amenities and facilities in the
streetscape zone include, but are not limited to, street trees, street lights, benches,
bus stops, and bike racks. Street trees shall be required in conformance with the
Edmonds Street Tree Plan.
QJ a.
"' u
t)
QJ QJ I!! C: .... 0 v, N
C:
"' E .,,
QJ QJ
"O C:
<II 0 ~N
Nore: Numerical Ranges for the Pedestrian Zone and the Activity Zone orE!
typical bur do not control over other requirements of this chapter.
(Illustration: Pedestrian area)
D. Building Step-Back When Adjacent or Across the Street t o RS Zones.
EXHIBIT A
1. For buildings adjacent to RS zones, t+he portion of the buildings above 25 feet in height
shall step back no less than 1 O feet from the required side or rear setback to an adjacent
RS zo ne. That portion of the building over 55 feet in height shall be step back no less than
20 feet from the required side or rear setback to an adjacent RS zone .
2. For buildings across the street from RS zones , the portion of the build i ng above 25 feet
in heig ht shall step back no less that eight feet from t he required street se t back . Tha t
portio n of building over 55 feet in height shall step back no less t han 16 feet from the
required street setback .
3_-2. Balconies, railings, parapets and similar features that do not enclose an interior space
may extend into the step-back area in order to encourage more human activity and
architectural features.
ll"'J"fl""t/', I ---,----r===
He igh tltmlt.:7S'
I 7
,.
I 1 I
5
4 I i I I
I -ll=1~::=3 =
' . tJ, l.l:t,,,i..,O\~
lfllrw-11u1p,,~1"""
I __ I_
U,'~wKl'I
10'1andsape bolftr
2
f ..
:s
0
0
Heigntlimic:75'
, __ ,_
"l
(Illustration: Setback and "step-back" of building adjacent o r Across the Street to RS
zones)
EXHIBIT A
[Ord. 4078 § 1 (Exh. 1 ), 2017; Ord. 3981 § 1 (Att. A), 2014; Ord . 3635 § 1, 2007].
Everett Daily Herald
Affidavit of Publication
State of Washington}
County of Snohomish } ss
Michael Gates being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH964449 ORD 4276, 4277,
4278 as it was published in the regular and
entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
_ 10/07/2022 and ending on 10/07/2022 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount
$51.60.
Subscri~ and swor~~ on this
/I) dayof ~
'
d<?c:b?.
~~·
NC"'Yl'ublioillandfoc~
Washington.
City of Edmonds -LEGAL ADS I 14101416
SCOTT PASSEY
Linda Phillips
.· N o tary Public
M Sta_re of Washi n gto n
y c':;a~~tr:,cn: Expires 8/29 /202S
m1ss1~n Nu ,,,b-=r 4 11
. Classified Proof
ORDINANCE SUMMMIY
or the Cir/ ol E'<tmono,. Washln9100
On lh• 41/1 day of October, 2022 , Int Ci\y Council of tne c,ty ot
Edmond$, passed tt.l toll<>wtng Orcll,,ances, Iha ,ummancs ot s;,lcJ
or<llnonto• conslstlng~~g:~At;gr:a~~:~ tollo"•·
AN ORDINANCE OF THE Cin' OF EDMONDS. WASHINGTON,
ESTABLISHING DESIGN STANDARDS FOR STAfJO,ALONE
l\1ULTIP1.E DWELLING 8UJLOINGS IN THE 8D2 ZONE ANO
REPEALING OROINI\NCE 4256
C~NANC~NO. •277 AN ORDINANCE OF T CITYF EDMONDS, WASHINGTON ,
ADOPTING NEW REGUlATIONS ANO A NEW CHAPTER 17 ,: 2ll
ECOC , ENTITLED -SICYCLE PAR!(JNG FACILITIES".
AME!IID!NG EODC SUBSECTION 16 ,60 .03C .8 ENTI TLED
"PARKING. ACCESS. ANO BICVLE STORAGE STANDARDS-
AND AMENDING ECDC Z:2 .110.090 WESTG;\TE MIXED USE
HEIGHT BONUS TO BE CONSISTENT W1TH THE ••c.,11'
REGULATIONS
OROINANCE NO. <178
AN ORDINANCE or-THE CITY OF 1:0MONOS. WASHINGTON .
.:STABLISHING INTERIM OEVELbPMENT REOI.IIATIONS FOR
THE CG 20N!.. DECLARING AN EMEROE~ICV
NECESSITATING THE lt,lt;EDIAT: EFFEC,MaNESS Of THE
ORDINANCE, AND SETTING SIX MONTHS AS THE EFFECTIV;:
PERIOD OF THE
ORDINANCE .
DATED lhis 41h Day of Oclo~er, 2022
CITY CLERK. SCOTT PASSEY
PubUshed; October 7, 2022. EDH9a4049
Proofed by Phillips, Linda, 10/10/2 022 08 :40:41 am Page: 2