Ordinance 42831
ORDINANCE NO. 4283
AN EMERGENCY ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING INTERIM DEVELOPMENT
REGULATIONS TO CREATE A PUBLIC DESIGN REVIEW PROCESS
FOR THE CG ZONE.
WHEREAS, the 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, concerns were raised in 2022 as to whether Ordinance 4078 properly
excluded upper story step back language that was contained in Alternative 2 to the Planned
Action EIS; and
WHEREAS, on October 4, 2022, the city council adopted Ordinance 4278 as an
emergency interim ordinance to establish upper story step backs for development across the
street from single family zones until additional consideration could be given to whether such step
backs should be adopted as a permanent regulation; and
WHEREAS, additional research was done after the adoption of Ordinance 4278, which
indicates that the 2017 city council expressly evaluated and rejected the upper story step backs
that were described in Alternative 2 to the Planned Action EIS and that their exclusion from
Ordinance 4078 was intentional; and
WHEREAS, the city council held a public hearing on whether to leave Ordinance 4278 in
effect; and
WHEREAS, public testimony was provided both for and against leaving Ordinance 4278
in effect; and
WHEREAS, the city council deliberated the merits of leaving Ordinance 4278 in effect
on November 15, 2022 and November 22, 2022 and ultimately determined to repeal Ordinance
4278; and
WHEREAS, the city council considers the step back concern to be indicative of a larger
procedural deficiency in the CG zone, namely, that Ordinance 4078 did not create any design
review process in which the public could meaningfully participate; and
WHEREAS, the creation of a public design review process (as opposed to a merely
administrative process) would allow concerned citizens to express design-related concerns
through a design review hearing on a project-specific basis; and
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WHEREAS, in appropriate instances, step backs could be a result of the new design
review process, but, unlike through the initially proposed interim ordinance (Ordinance 4278),
step backs would not necessarily be required in every instance where a project is across the street
from a single-family zoned property; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS
FOLLOWS:
Section 1. ECDC 16.60.030, entitled “Site development standards – Design,” is
hereby amended to read as shown on Attachment A hereto (new text is shown in underline;
deleted text is shown in strikethrough).
Section 2. ECDC 20.12.010, entitled “Applicability,” is hereby amended to read as
shown on Attachment A hereto (new text is shown in underline; deleted text is shown in
strikethrough).
Section 3. Duration of Interim Regulations Adopted in Sections 1 and 2. The interim
regulations adopted by sections 1 and 2 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 4 herein),
this ordinance shall not terminate until six (6) months after the effective date, unless it is
repealed sooner.
Section 4. 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 January 17, 2023 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.
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Section 5. Applicability of Sections 1 and 2 to Pending Applications. Any pending
application for design review that has not yet received a staff decision under ECDC 20.12.030.B
and that would be within the scope of applicability for ADB review pursuant to ECDC 20.12.010
(as amended by this ordinance) shall receive a staff recommendation to the ADB who will make
the final decision on the design of the project following a public hearing under ECDC 20.12.020
instead of a staff decision under ECDC 20.12.030.B.
Section 6. 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 7. 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
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 regulations
described herein, development applications could become vested, leading to the development of
property without public input as to the design of the development. 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 8. Publication. This ordinance shall be published by an approved summary
consisting of the title.
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Section 9. Effective Date. 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.
APPROVED:
MAYOR MIKE NELSON
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK: December 9, 2022
PASSED BY THE CITY COUNCIL: December 10, 2022
PUBLISHED: December 14, 2022
EFFECTIVE DATE: December 10, 2022
ORDINANCE NO. 4283
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SUMMARY OF ORDINANCE NO. 4283
of the City of Edmonds, Washington
On the 10th day of December, 2022, the City Council of the City of Edmonds, passed Ordinance
No. 4283. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN EMERGENCY ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING INTERIM DEVELOPMENT
REGULATIONS TO CREATE A PUBLIC DESIGN REVIEW PROCESS
FOR THE CG ZONE.
.
The full text of this Ordinance will be mailed upon request.
DATED this 10th day of December, 2022.
CITY CLERK, SCOTT PASSEY
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ATTACHMENT A
16.60.020 Site development standards – General.
A. Table. Except as hereinafter provided, development requirements shall be as follows:
Minimum Lot
Area
Minimum Lot
Width
Minimum
Street Setback
Minimum
Side/Rear
Setback
Maximum
Height
Maximum 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.
3 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 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.
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ATTACHMENT A
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.
(Illustration: Pedestrian area)
D. Building Step-Back When Adjacent to or directly across the street from RS Zones.
1. The portion of the buildings above 25 feet in height shall step back no less than 10 feet from
the required setback to an adjacent to or directly across the street from an RS zone. That
portion of the building over 55 feet in height shall be step back no less than 20 feet from the
required setback to an adjacent RS zone. These requirements shall apply unless deemed not
to be necessary pursuant to a design review by the Architectural Design Board as referenced in
ECDC 16.60.030.
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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.
(Illustration: Setback and “step-back” of building adjacent to RS zones)
[Ord. 4078 § 1 (Exh. 1), 2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3635 § 1, 2007].
16.60.030 Site development standards – Design.
Design review by the architectural design board is required for any project that includes buildings
exceeding 75 feet in height as identified in ECDC 16.60.020. Projects not exceeding this height may
be reviewed by staff as a Type I decision. Regardless of what review process is required, all projects
proposed in the CG zone must meet the design standards contained in this section.
A. Screening and Buffering.
1. General.
a. Retaining walls facing adjacent property or public rights-of-way shall not exceed seven
feet in height. A minimum of four feet of planted terrace is required between stepped
wall segments.
b. Tree landscaping may be clustered to soften the view of a building or parking lot, yet
allow visibility to signage and building entry.
c. Stormwater facilities shall be designed to minimize visual impacts and integrate
landscaping into the design.
d. All parking lots are required to provide Type V interior landscaping, consistent with
Chapter 20.13 ECDC.
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e. Type I landscaping is required for commercial, institutional and medical uses adjacent
to single-family or multifamily zones. The buffer shall be a minimum of 10 feet in width
and continuous in length.
f. Type I landscaping is required for residential parking areas adjacent to single-family
zones. The buffer shall be a minimum of four feet in width and continuous in length.
g. Type I landscaping is required for commercial and multifamily uses adjacent to single-
family zones. The buffer shall be a minimum of four feet in width and 10 feet in height
and continuous in length.
h. If there is a loading zone and/or trash compactor area next to a single-family or
multifamily zone, there shall be a minimum of a six-foot-high masonry wall plus a
minimum width of five feet of Type I landscaping. Trash and utility storage elements shall
not be permitted to encroach within street setbacks or within setbacks adjacent to single-
family zones. Mechanical equipment, including heat pumps and other mechanical
elements, shall not be placed in the setbacks.
i. Landscape buffers, Type I, shall be used along the edge of parking areas adjacent to
single-family zones.
j. Outdoor storage areas for commercial uses must be screened from adjacent RS zones.
2. Parking Lots Abutting Streets.
a. Type IV landscaping, minimum five feet wide, is required along all street frontages
where parking lots, excluding for auto sales use, abut the street right-of-way.
b. For parking lots where auto sales uses are located, the minimum setback area must be
landscaped to include a combination of vegetation and paved pedestrian areas.
c. All parking located under the building shall be completely screened from the public
street by one of the following methods:
i. Walls that have architectural treatment meeting at least three of the elements
listed in subsection (D)(2)(e) of this section;
ii. Type III planting and a grill that is 25 percent opaque; or
iii. Grill work that is at least 80 percent opaque.
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ATTACHMENT A
Chapter 20.12
DISTRICT-BASED DESIGN REVIEW
Sections:
20.12.005 Outline of process and statement of intent.
20.12.010 Applicability.
20.12.020 Design review by the architectural design board.
20.12.030 Design review by city staff.
20.12.070 Design guidelines, criteria and checklist.
20.12.080 Appeals.
20.12.090 Lapse of approval.
20.12.005 Outline of process and statement of intent.
The architectural design board (ADB) process has been developed in order to provide for public and
design professional input prior to the expense incurred by a developer in preparation of detailed
design. In combination, Chapter 20.10 ECDC and this chapter are intended to permit public and ADB
input at an early point in the process while providing greater assurance to a developer that his
general project design has been approved before the final significant expense of detailed project
design is incurred. In general, the process is as follows:
A. Public Hearing (Phase 1). The applicant shall submit a preliminary conceptual design to the city.
Staff shall schedule the first phase of the ADB hearing within 30 days of staff’s determination that the
application is complete. Upon receipt, staff shall provide full notice of a public hearing, noting that
the public hearing shall be conducted in two phases. The entire single public hearing on the
conceptual design shall be on the record. At the initial phase, the applicant shall present facts which
describe in detail the tract of land to be developed noting all significant characteristics. The ADB shall
make factual findings regarding the particular characteristics of the property and shall prioritize the
design guideline checklist based upon these facts, the provisions of the city’s design guideline
elements of the comprehensive plan and the Edmonds Community Development Code. Following
establishment of the design guideline checklist, the public hearing shall be continued to a date
certain requested by the applicant, not to exceed 120 days from the meeting date. The 120-day city
review period required by RCW 36.70B.080 commences with the application for Phase 1 of the public
hearing. The 120-day time period is suspended, however, while the applicant further develops their
application for Phase 2 of the public hearing. This suspension is based upon the finding of the city
council, pursuant to RCW 36.70B.080, that additional time is required to process this project type.
The city has no control over the length of time needed or taken by an applicant to complete its
application.
B. Continued Public Hearing (Public Hearing, Phase 2). The purpose of the continuance is to permit
the applicant to design or redesign his initial conceptual design to address the input of the public
and the ADB by complying with the prioritized design guideline checklist criteria. When the applicant
has completed his design or redesign, he shall submit that design for final review. The matter shall be
set for the next available regular ADB meeting date. If the applicant fails to submit his or her design
within 180 days, the staff shall report the matter to the ADB who shall note that the applicant has
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ATTACHMENT A
failed to comply with the requirements of the code and find that the original design checklist criteria
approval is void. The applicant may reapply at any time. Such reapplication shall establish a new 120-
day review period and establish a new vesting date.
C. After completing the hearing process, the final detailed design shall be presented to the city in
conjunction with the applicable building permit application. The city staff’s decision on the building
permit shall be a ministerial act applying the specific conditions or requirements set forth in the
ADB’s approval, but only those requirements. A staff decision on the building permit shall be final
and appealable only as provided in the Land Use Petition Act. No other internal appeal of the staff’s
ministerial decisions on the building permit is allowed.
D. The process is schematically represented by the following flow chart:
[Ord. 3636 § 3, 2007].
20.12.010 Applicability.
The architectural design board (ADB) shall review all proposed developments in the Downtown
Business (BD) zones that require a threshold determination under the State Environmental Policy Act
(SEPA) using the process set forth in ECDC 20.12.020. All other developments in the Downtown
Business (BD) zones may be approved by staff as a Type I decision using the process set forth in
ECDC 20.12.030. When design review is required by the ADB under ECDC 20.12.020, the application
shall be processed as a Type III-A decision.
In the General Commercial (CG) zone, Ddesign review by the architectural design board is required
for any project that includes buildings exceeding 7535 feet in height as identified in ECDC 16.60.020,
regardless of whether a SEPA threshold determination is required. When design review is required
by the ADB, the application is processed as a Type III-A decision using the procedure in ECDC
20.12.020. Projects not exceeding this height may be reviewed by staff as a Type I decision using the
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process in ECDC 20.12.030. Regardless of what review process is required, all projects proposed in
the CG zone must meet the design standards contained in this sectionECDC 16.60.
[Ord. 4154 § 15 (Att. D), 2019; Ord. 3736 § 42, 2009; Ord. 3636 § 3, 2007].
20.12.020 Design review by the architectural design board.
A. Public Hearing – Phase 1. Phase 1 of the public hearing shall be scheduled with the architectural
design board (ADB) as a public meeting. Notice of the meeting shall be provided according to the
requirements of ECDC 20.03.003. This notice may be combined with the formal notice of application
required under ECDC 20.03.002, as appropriate.
1. The purpose of Phase 1 of the public hearing is for the ADB to identify the relative
importance of design criteria that will apply to the project proposal during the subsequent
design review. The basic criteria to be evaluated are listed on the design guidelines checklist
contained within the design guidelines and this chapter. The ADB shall utilize the urban design
guidelines and standards contained in the relevant city zoning classification(s), any relevant
district-specific design objectives contained in the comprehensive plan, and the relevant
portions of this chapter and Chapter 20.13 ECDC, to identify the relative importance of design
criteria; no new, additional criteria shall be incorporated, whether proposed in light of the
specific characteristics of a particular tract of land or on an ad hoc basis.
2. Prior to scheduling Phase 1 of the public hearing, the applicant shall submit information
necessary to identify the scope and context of the proposed development, including any site
plans, diagrams, and/or elevations sufficient to summarize the character of the project, its site,
and neighboring property information. At a minimum, an applicant shall submit the following
information for consideration during Phase 1 of the public hearing:
a. Vicinity plan showing all significant physical structures and environmentally critical
areas within a 200-foot radius of the site including, but not limited to, surrounding
building outlines, streets, driveways, sidewalks, bus stops, and land use. Aerial
photographs may be used to develop this information.
b. Conceptual site plan(s) showing topography (minimum two-foot intervals), general
location of building(s), areas devoted to parking, streets and access, existing open space
and vegetation. All concepts being considered for the property should be submitted to
assist the ADB in defining all pertinent issues applicable to the site.
c. Three-dimensional sketches, photo simulations, or elevations that depict the volume of
the proposed structure in relation to the surrounding buildings and improvements.
3. During Phase 1 of the public hearing, the applicant shall be afforded an opportunity to
present information on the proposed project. The public shall also be invited to address which
design guidelines checklist criteria from ECDC 20.12.070 they feel are pertinent to the project.
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The Phase 1 meeting shall be considered to be a public hearing and information presented or
discussed during the meeting shall be recorded as part of the hearing record.
4. Prior to the close of Phase 1 of the public hearing, the ADB shall identify the specific design
guidelines checklist criteria – and their relative importance – that will be applied to the project
during the project’s subsequent design review. In submitting an application for design review
approval under this chapter, the applicant shall be responsible for identifying how the
proposed project meets the specific criteria identified by the ADB during Phase 1 of the public
hearing.
5. Following establishment of the design guidelines checklist, the public hearing shall be
continued to a date certain, not exceeding 120 days from the date of Phase 1 of the public
hearing. The continuance is intended to provide the applicant with sufficient time to prepare
the material required for Phase 1 of the public hearing, including any design or redesign
needed to address the input of the public and ADB during Phase 1 of the public hearing by
complying with the prioritized checklist.
6. Because Phase 1 of the public hearing is only the first part of a two-part public hearing,
there can be no appeal of the design decision until Phase 2 of the public hearing has been
completed and a final decision rendered.
B. Continued Public Hearing – Phase 2.
1. An applicant for Phase 2 design review shall submit information sufficient to evaluate how
the project meets the criteria identified by the ADB during Phase 1 of the public hearing
described in subsection (A) of this section. At a minimum, an applicant shall submit the
following information for consideration during Phase 2 of the public hearing:
a. Conceptual site plan showing topography (minimum two-foot intervals), general layout
of building, parking, streets and access, and proposed open space.
b. Conceptual landscape plan, showing locations of planting areas identifying landscape
types, including general plant species and characteristics.
c. Conceptual utility plan, showing access to and areas reserved for water, sewer, storm,
electrical power, and fire connections and/or hydrants.
d. Conceptual building elevations for all building faces illustrating building massing and
openings, materials and colors, and roof forms. A three-dimensional model may be
substituted for the building elevation(s).
e. If more than one development concept is being considered for the property, the
submissions should be developed to clearly identify the development options being
considered.
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f. An annotated checklist demonstrating how the project complies with the specific
criteria identified by the ADB.
g. Optional: generalized building floor plans may be provided.
2. Staff shall prepare a report summarizing the project and providing any comments or
recommendations regarding the annotated checklist provided by the applicant under
subsection (B)(1)(f) of this section, as appropriate. The report shall be mailed to the applicant
and ADB at least one week prior to the public hearing.
3. Phase 2 of the public hearing shall be conducted by the ADB as a continuation of the Phase
1 public hearing. Notice of the meeting shall be provided according to the requirements of
Chapter 20.03 ECDC. During Phase 2 of the public hearing, the ADB shall review the application
and identify any conditions that the proposal must meet prior to the issuance of any permit or
approval by the city. When conducting this review, the ADB shall enter the following findings
prior to issuing its decision on the proposal:
a. Zoning Ordinance. The proposal meets the bulk and use requirements of the zoning
ordinance, or a variance or modification has been approved under the terms of this code
for any duration. The finding of the staff that a proposal meets the bulk and use
requirements of the zoning ordinance shall be given substantial deference and may be
overcome by clear and convincing evidence.
b. Design Objectives. The proposal meets the relevant district-specific design objectives
contained in the comprehensive plan.
c. Design Criteria. The proposal satisfies the specific checklist criteria identified by the ADB
during Phase 1 of the public hearing under subsection (A) of this section. When
conducting its review, the ADB shall not add or impose conditions based on new,
additional criteria proposed in light of the specific characteristics of a particular tract of
land or on an ad hoc basis.
4. Project Consolidation. Projects may be consolidated in accordance with RCW 36.70B.110 and
the terms of the Edmonds Community Development Code.
C. Effect of the Decision of the ADB. The decision of the ADB described in subsection (B) of this
section shall be used by staff to determine if a project complies with the requirements of these
chapters during staff review of any subsequent applications for permits or approvals. The staff’s
determination shall be purely ministerial in nature and no discretion is granted to deviate from the
requirements imposed by the ADB and the Edmonds Community Development Code. The staff
process shall be akin to and administered in conjunction with building permit approval, as applicable.
Written notice shall be provided to any party of record (as developed in Phases 1 and 2 of the public
hearing) who formally requests notice as to:
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1. Receipt of plans in a building permit application or application for property development as
defined in ECDC 20.10.020, and
2. Approval, conditioned approval or denial by staff of the building permit or development
approval. [Ord. 3817 § 10, 2010; Ord. 3736 §§ 43, 44, 2009; Ord. 3636 § 3, 2007].
20.12.030 Design review by city staff.
A. Optional Pre-Application Meeting. At the option of the applicant, a pre-application meeting may
be scheduled with city staff. The purpose of the meeting is to provide preliminary staff comments on
a proposed development to assist the applicant in preparing an application for development
approval. Submission requirements and rules of procedure for this optional pre-application meeting
shall be adopted by city staff consistent with the purposes of this chapter.
B. Application and Staff Decision.
1. An applicant for design review shall submit information sufficient to evaluate how the
project meets the criteria applicable to the project. Staff shall develop a checklist of submission
requirements and review criteria necessary to support this intent. When design review is
intended to accompany and be part of an application for another permit or approval, such as a
building permit, the submission requirements and design review may be completed as part of
the associated permit process.
2. In reviewing an application for design review, staff shall review the project checklist and
evaluate whether the project has addressed each of the applicable design criteria. Staff shall
enter the following findings prior to issuing a decision on the proposal:
a. Zoning Ordinance. That the proposal meets the bulk and use requirements of the
zoning ordinance, including the guidelines and standards contained in the relevant
zoning classification(s).
b. Design Guidelines. That the proposal meets the relevant district-specific design
objectives contained in the comprehensive plan.
When conducting its review, city staff shall not add or impose conditions based on new,
additional criteria proposed in light of the specific characteristics of a particular tract of land or
on an ad hoc basis. [Ord. 3636 § 3, 2007].
20.12.070 Design guidelines, criteria and checklist.
A. In conducting its review, the ADB shall use the design guidelines and design review checklist as
contemporaneously adopted in the design guidelines.
B. Additional Criteria. Design review shall reference the specific criteria adopted for each area or
district.
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1. Criteria to be used in design review for the downtown Edmonds business districts (BD zones)
located within the downtown/waterfront activity center as shown on the city of Edmonds
comprehensive plan map include the following:
a. Design objectives for the downtown waterfront activity center contained in the
Edmonds comprehensive plan.
b. (Reserved).
2. Criteria to be used in design review for the general commercial (CG and CG2) zones located
within the medical/Highway 99 activity center or the Highway 99 corridor as shown on the city
of Edmonds comprehensive plan map include the following:
a. Design standards contained in Chapter 16.60 ECDC for the general commercial zones.
b. Policies contained in the specific section of the comprehensive plan addressing the
medical/Highway 99 activity center and Highway 99 corridor. [Ord. 3636 § 3, 2007].
20.12.080 Appeals.
A. Design review decisions by the ADB pursuant to ECDC 20.12.020(B) are appealable to superior
court in accordance with Chapter 36.70C RCW. These are the only decisions by the ADB in this
chapter that are appealable.
B. All design review decisions of the hearing examiner are appealable to superior court in accordance
with Chapter 36.70C RCW.
C. Design review decisions by staff under the provisions of ECDC 20.12.030 are only appealable to
the extent that the applicable building permit or development approval is an appealable decision
under the provisions of the ECDC. Design review by staff is not in itself an appealable decision. [Ord.
4154 § 17 (Att. D), 2019; Ord. 3736 § 45, 2009; Ord. 3636 § 3, 2007].
20.12.090 Lapse of approval.
A. Time Limit. Unless the owner submits a fully completed building permit application necessary to
bring about the approved alterations, or, if no building permit application is required, substantially
commences the use allowed within 18 months from the date of approval, ADB or hearing examiner
approval shall expire and be null and void, unless the owner files a fully completed application for an
extension of time prior to the expiration date. For the purposes of this section, the date of approval
shall be the date on which the ADB’s or hearing examiner’s minutes or other method of conveying
the final written decision of the ADB or hearing examiner as adopted are mailed to the applicant. In
the event of appeal, the date of approval shall be the date on which a final decision is entered by the
city council or court of competent jurisdiction.
B. Time Extension.
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1. Application. The applicant may apply for a one-time extension of up to one year by
submitting a letter, prior to the date that approval lapses, to the planning division along with
any other supplemental documentation which the planning manager may require, which
demonstrates that he/she is making substantial progress relative to the conditions adopted by
the ADB or hearing examiner and that circumstances are beyond his/her control preventing
timely compliance. In the event of an appeal, the one-year extension shall commence from the
date a final decision is entered in favor of such extension.
2. Fee. The applicant shall include with the letter of request such fee as is established by
ordinance. No application shall be complete unless accompanied by the required fee.
3. Review of Extension Application. An application for an extension shall be reviewed by the
planning official as a Type I decision (Staff decision – No notice required). [Ord. 3736 § 46,
2009; Ord. 3636 § 3, 2007].
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