Ordinance 42841
ORDINANCE NO. 4284
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
REPEALING THE INTERIM DEVELOPMENT REGULATIONS FOR
THE CG ZONE CONTAINED IN ORDINANCE 4278.
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, consistent with RCW 36.70A.390, the city council held a public hearing on
November 15, 2022, 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; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS
FOLLOWS:
Section 1. Interim Site Development Standards Repealed. Ordinance 4278 is hereby
repealed.
Section 2. 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
DocuSign Envelope ID: 5CC51D29-BB84-4F16-8272-DF9DFC0F66DEDocuSign Envelope ID: DFDEBA8D-0AF6-4B48-A9A5-11069A98287D
2
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
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 2, 2022
PASSED BY THE CITY COUNCIL: December 10, 2022
PUBLISHED: December 16, 2022
EFFECTIVE DATE: December 21, 2022
ORDINANCE NO. 4284
DocuSign Envelope ID: 5CC51D29-BB84-4F16-8272-DF9DFC0F66DEDocuSign Envelope ID: DFDEBA8D-0AF6-4B48-A9A5-11069A98287D
SUMMARY OF ORDINANCE NO. 4284
of the City of Edmonds, Washington
On the 10th day of December, 2022, the City Council of the City of Edmonds, passed Ordinance
No. 4284. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
REPEALING THE INTERIM DEVELOPMENT REGULATIONS FOR
THE CG ZONE CONTAINED IN ORDINANCE 4278.
The full text of this Ordinance will be mailed upon request.
DATED this 13th day of December, 2022.
CITY CLERK, SCOTT PASSEY
DocuSign Envelope ID: 5CC51D29-BB84-4F16-8272-DF9DFC0F66DEDocuSign Envelope ID: DFDEBA8D-0AF6-4B48-A9A5-11069A98287D