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Ordinance 42991 ORDINANCE NO. 4299 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING VARIOUS MINOR UPDATES TO THE EDMONDS CITY CODE AND THE EDMONDS COMMUNITY DEVELOPMENT CODE, NONE OF WHICH CONSTITUTE SUBSTANTIVE POLICY CHANGES WHEREAS, the city council adopted Ordinance 4295 to create a streamlined process for updating the city code; and WHEREAS, the streamlined process is intended for code amendments that are minor, noncontroversial, and lacking any substantive policy changes that would require more in depth consideration; and WHEREAS, the amendments adopted by this ordinance have been deemed appropriate for this new streamlined process in that no councilmember requested that any of these amendments be removed from the streamlined process; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 2.10.050 of the Edmonds City Code, entitled “References,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 2. Chapter 2.12 of the Edmonds City Code, entitled “Fire Department,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 3. Section 3.28A.060 of the Edmonds City Code, entitled “Sales and use tax for housing - Reporting,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 4. Subsection F, of Section 3.36.020 of the Edmonds City Code, entitled “Definitions,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in 2 strikethrough). Section 5. Subsection B, of Section 3.38.020 of the Edmonds City Code, entitled “Definitions,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 6. Subsection D, of Section 3.38.050 of the Edmonds City Code, entitled “Project Eligibility,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 7. Subsection A, of Section 4.12.055 of the Edmonds City Code, entitled “Street vendor requirements,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 8. Section 4.20.010 of the Edmonds City Code, entitled “Processing notices of pending liquor licenses,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 9. Section 4.26.010 of the Edmonds City Code, entitled “Processing of notices of pending marijuana licenses,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 10. Subsection B, of Section 4.72.030 of the Edmonds City Code, entitled “Procedure,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 11. Subsection B, of Section 4.100.110 of the Edmonds City Code, entitled “Suspension and revocation,” is hereby amended to read as shown in Exhibit A, which is 3 attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 12. Section 5.46.040 of the Edmonds City Code, entitled “Unlawful possession of library books,” is hereby deleted as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (deleted text is shown in strikethrough). Section 13. Section 5.60.050 of the Edmonds City Code, entitled “Notice of graffiti nuisance,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 14. Subsection A, of Section 5.60.060 of the Edmonds City Code, entitled “Appeal, abatement and cost recovery proceedings,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 15. Subsection F, of Section 4.12.055 of the Edmonds City Code, entitled “Enforcement and abatement,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 16. Section 7.10.010 of the Edmonds City Code, entitled “Application for water use,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 17. Chapter 9.05 of the Edmonds City Code, entitled “Datum line,” is hereby deleted as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (deleted text is shown in strikethrough). Section 18. Section 16.60.030 of the Edmonds City Code, entitled “Site development standards - Design,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). 4 Section 19. Section 17.20.020 of the Edmonds City Code, entitled “Temporary homeless encampments permit” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 20. Subsection P of Section 17.20.030 of the Edmonds City Code, entitled “Standards,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 21. Section 17.20.050 of the Edmonds City Code, entitled “Procedural requirements for temporary homeless encampment permit applications,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 22. Section 17.60.020 of the Edmonds City Code, entitled “Applicability,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 23. Section 17.70.010 of the Edmonds City Code, entitled “Other temporary buildings,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 24. Subsection D of Section 17.75.010 of the Edmonds Community Development Code, entitled “Outdoor dining – Permitted secondary use,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 25. Section 17.110.030 of the Edmonds Community Development Code, entitled “Recreational marijuana uses permitted only in the following specified zones,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 26. Subsection C of Section 17.115.040 of the Edmonds City Code, entitled “Required facilities,” is hereby amended to read as shown in Exhibit A, which is attached hereto 5 and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 27. Subsection B of Section 17.120.040 of the Edmonds City Code, entitled “Long- term bicycle parking,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 28. Subsection C of Section 17.120.060 of the Edmonds City Code, entitled “Design standards for short-term bicycle parking,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 29. Section 18.60.000 of the Edmonds City Code, entitled “Permits required,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 30. Section 18.70.000 of the Edmonds City Code, entitled “Permits required,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 31. Subsection A of Section 18.70.020 of the Edmonds Community Development Code, entitled “Applications,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 32. Section 18.70.030 of the Edmonds Community Development Code, entitled “Review,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 33. Subsection B of Section 19.00.030 of the Edmonds City Code, entitled “Architectural design review – Optional vesting,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). 6 Section 34. Subsection B of Section 19.07.010 of the Edmonds City Code, entitled “Applicability,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 35. Subsection E of Section 19.10.020 of the Edmonds City Code, entitled “Definitions,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 36. Subsection D of Section 19.95.010 of the Edmonds City Code, entitled “Definitions,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 37. Subsection C of Section 20.01.000 of the Edmonds City Code, entitled “Purpose and general provisions,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 38. Subsection A of Section 20.01.001 of the Edmonds City Code, entitled “Types of actions,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 39. Subsection A of Section 20.01.003 of the Edmonds Community Development Code, entitled “Permit type and decision framework,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 40. Subsection C of Section 20.02.001 of the Edmonds City Code, entitled “Optional preapplication conference,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). 7 Section 41. Subsection D of Section 20.02.003 of the Edmonds Community Development Code, entitled “Submission and acceptance of application,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 42. Subsection G of Section 20.03.002 of the Edmonds City Code, entitled “Notice of application,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 43. Subsection B of Section 20.04.001 of the Edmonds City Code, entitled “Determination of consistency,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 44. Section 20.06.030 of the Edmonds City Code, entitled “Appeals of project permit decisions,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 45. Subsection E of Section 20.06.120 of the Edmonds City Code, entitled “Definitions,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 46. Subsection B of Section 20.10.010 of the Edmonds Community Development Code, entitled “Types of design review,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 47. Subsection B of Section 20.12.070 of the Edmonds Community Development Code, entitled “Design guidelines, criteria and checklist,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). 8 Section 48. Section 20.16.020 of the Edmonds City Code, entitled “Definitions,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 49. Section 20.35.070 of the Edmonds City Code, entitled “Application,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 50. Section 20.35.080 of the Edmonds City Code, entitled “Review Process,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 51. Subsection A of Section 20.60.055 of the Edmonds City Code, entitled “Pedestrian signs,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 52. Section 20.60.075 of the Edmonds City Code, entitled “Governmental signs,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 53. Section 20.70.060 of the Edmonds Community Development Code, entitled “Application requirements,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 54. Section 20.75.040 of the Edmonds Community Development Code, entitled “Application,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 55. Subsection C of Section 20.75.055 of the Edmonds City Code, entitled “Lot combination,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). 9 Section 56. Section 20.75.060 of the Edmonds City Code, entitled “Required information on preliminary plats,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 57. Section 20.75.065 of the Edmonds City Code, entitled “Preliminary Review,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 58. Subsection D of Section 20.75.085 of the Edmonds City Code, entitled “Review criteria,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 59. Subsection A of Section 20.75.110 of the Edmonds City Code, entitled “Changes,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 60. Subsection D of Section 20.75.130 of the Edmonds City Code, entitled “Installation of improvements,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 61. Subsection I of Section 20.75.140 of the Edmonds City Code, entitled “Final plat – Required certificates,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 62. Subsection C of Section 20.75.155 of the Edmonds City Code, entitled “Review of final plat,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). 10 Section 63. Section 20.75.160 of the Edmonds City Code, entitled “Final plat – Filing for record,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 64. Section 20.100.050 of the Edmonds City Code, entitled “Forest Practices Act moratorium,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 65. Section 23.10.010 of the Edmonds City Code, entitled “Administrative authority,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 66. Subsection E of Section 23.10.080 of the Edmonds City Code, entitled “Tree replacement,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 67. Section 23.40.005 of the Edmonds City Code, entitled “Definitions pertaining to critical areas,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 68. Subsection A of Section 23.40.010 of the Edmonds City Code, entitled “Authority,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 69. Section 23.40.150 of the Edmonds City Code, entitled “Critical areas decision,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). 11 Section 70. Section 23.40.170 of the Edmonds City Code, entitled “Favorable critical areas decision,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 71. Subsection C of Section 23.50.030 of the Edmonds City Code, entitled “Special study and report requirements - Wetlands,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 72. Section 23.70.010 of the Edmonds City Code, entitled “Designation, rating and mapping – Frequently flooded areas,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 73. Subsection B of Section 23.80.030 of the Edmonds City Code, entitled “Mapping of geologically hazardous areas,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 74. Section 23.90.010 of the Edmonds City Code, entitled “Designation, rating and mapping – Fish and wildlife habitat conservation areas,” is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 75. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 76. Effective Date. This ordinance, being an administrative function of the city council, 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. EXHIBIT A AMD2023-003 Minor Code Amendment Package 1 Section 2.10.050 References Wherever references are made in the Edmonds City Code, the Edmonds Community Development Code or any ordinance of the city to the community development director, said reference shall hereafter be construed to mean the Planning and Development development services director. Wherever references are made in the Edmonds City Code, the Edmonds Community Development Code, or any ordinance of the city to the administrative services director, said reference shall hereafter be construed to mean the finance director. With the exception of ECC Title 3, wherever references are made in the Edmonds City Code or Edmonds Community Development Code to the community services director, said references shall hereafter be construed to mean planning and development development services director; provided, that references to the community services director in ECC Titles 7, 9 and 18 and Chapter 4.68 ECC and Chapter 17.95 ECDC shall hereafter be construed to mean public works director. [Ord. 3959 § 1 (Att. A), 2014; Ord. 3279 § 1, 1999]. ________________________________________________________________________________ Chapter 2.12: 2.12.010 Fire service. Fire service is provided to the citizens of the city of Edmonds by and through a contract with South County Fire Snohomish County Fire District No. 1. Whenever any reference is made in the provisions of the Edmonds City Code or Edmonds Community Development Code to “fire chief,” “fire marshal,” “fire department” or any other reference to a fire fighter or fire services, such term shall include, for the provision of administrative or other day to day fire services, to reference the fire chief, fire marshal and fire fighting services performed for the city by contract by South County Fire Snohomish County Fire District No. 1. A. The officials of the South County Fire Snohomish County Fire District No. 1 when performing services by contract to the citizens of the city of Edmonds and to the city in its corporate capacity shall exercise any and all rights, duties, obligations and responsibilities in accordance with the provisions of this code to the same extent and in the same manner as if performed by an employee of the city. B. Employees of the South County Fire Snohomish County Fire District No. 1 (“district”) shall not be entitled to any wage or benefit provision of this code, including but not limited to Chapters 2.06 and 2.35 ECC. The Edmonds civil service system shall remain in effect but no employee of the South County Fire district shall have recourse to the civil service commission following the termination date of fire department employees by the city. [Ord. 3762 § 2, 2009]. 2.12.020 Pre-existing rights and obligations not impaired: The city council’s determination to contract or not contract for fire services with Snohomish County Fire District No. 1 South County Fire and the provisions of this chapter shall not impair any existing vested right or vested obligation created under the provisions of state law or under Chapter 2.50 ECC, Firemen’s Relief and Pension System, Chapter 2.60 ECC, Reserve Fire Fighters’ Relief and Pensions Act, Chapter 2.70 ECC, Retirement System, and Chapter 10.30 ECC, Disability Board, as well as the MEBT plan of the city. The rights of any person under such system vested prior to the transfer of fire service responsibility by contract shall remain in full force and effect and are not impaired by either such or the adoption of this chapter. [Ord. 3762 § 2, 2009]. Section 3.28A.060 Sales and use tax for housing – Reporting. The Planning and Development development services director shall report annually to the Department of Commerce on the collection and use of the revenue from the tax imposed by this chapter. [Ord. 4159 § 1, 2019] ________________________________________________________________________________ Section 3.36.020.F Definitions F. “Department” means the Planning and Development development services Ddepartment. ________________________________________________________________________________ Section 3.38.020.B Definitions B. “Director” means the director of the city’s Ddepartment of Planning and Development development services or authorized designee. ________________________________________________________________________________ Section 3.38.050.D Project Eligibility D. For the duration of the exemption granted under this chapter, the property shall have no violations of applicable zoning requirements, land use regulations, or building code requirements contained in the Edmonds Community Development Code for which the Planning and Development development services Ddepartment shall have issued an order to correct (“OTC”) or notice of violation (“NOV”) that are not resolved by a voluntary correction agreement, vacation by the hearing examiner, or action of the property owner in compliance with the applicable code requirements as determined by the director, within the time period for compliance provided in such OTC or NOV and any extension of the time period for compliance granted by the director. ________________________________________________________________________________ Section 4.12.055.A Street vendor requirements A. Mobile vending units may be allowed to operate within the following commercially zoned areas including unzoned property or right-of-way adjacent to or abutting commercially zoned areas: 1. Motorized and nonmotorized mobile vending units: neighborhood business (BN), community business (BC), planned business (BP), downtown business zones (BD1, BD2, BD3, BD4 and BD5), commercial waterfront (CW), general commercial (CG, CG2), Firdale Village mixed- use (FVMU), medical use (MU) and public use (P). Section 4.20.010 Processing of notices of pending liquor licenses Upon receipt by the mayor of a notice of a pending application before the Liquor Control Board of a liquor license within the city of Edmonds, the mayor shall make such investigations as he deems appropriate, including but not limited to directing an investigation by city employees such as the police department, fire department, and Planning and Development development services Ddepartment. Based upon the outcome of the investigation, the mayor shall transmit his approval or disapproval regarding both the applicant and the proposed location per applicable Liquor Control Board standards. [Ord. 3977 § 1, 2014; Ord. 1588, 1971]. ________________________________________________________________________________ Section 4.26.010 Processing of notices of pending marijuana licenses A. Investigation by Mayor. Upon receipt by the city of a notice of a marijuana license application from the Washington State Liquor Control Board to produce, process, or sell marijuana within the city of Edmonds, the mayor shall make such investigation of the applicant and location as he deems appropriate, including but not limited to directing an investigation by city employees such as the police department, fire department, and/or development services Planning and Development Ddepartment. Based upon the outcome of the investigation, the mayor shall transmit his approval or disapproval regarding both the applicant and the proposed location per applicable Liquor Control Board standards. [Ord. 3977 § 2, 2014; Ord. 3969 § 1, 2014]. ________________________________________________________________________________ Section 4.72.030.B Procedure B. The administrative services director or designee shall receive all applications for city business licenses. The administrative services director or designee shall cause an investigation of the completed application to be made by the proper city officials and shall grant or refuse to grant the license within 15 days of the date of receipt of the application information. Applications may be referred to the Pplanning and Ddevelopment services Ddepartment, the fire department, or other governmental agencies for their review. Compliance with building, zoning and other laws is the business owner’s responsibility and issuance of a business license is not a guarantee of compliance or a waiver of future enforcement by the city or other agency with jurisdiction. If an application is refused, the reason for refusal shall be designated on the application. The application fee shall not be refunded, except under the following circumstances: 1. An applicant requests cancellation of a license application from the city within five business days of submitting an application to the Business Licensing Service. [Ord. 4269 § 5, 2022; Ord. 4165 § 1 (Exh. A), 2019; Ord. 4135 § 1, 2018; Ord. 1139 § 1, 1965]. Section 4.100.110.B Suspension and revocation B. When necessary to prevent serious injury to persons, property or the public peace, health, safety or welfare, the administrative services director or designee, fire marshal, building official, Planning and Development development services director or chief of police, or the designee of each, may suspend or revoke an approved special event permit effective immediately. The city official or designee shall deliver written notice of suspension or revocation to the permit applicant/event sponsor or manager. [Ord. 4269 § 9, 2022]. Section 5.46.040 Unlawful possession of library books 5.46.040 Unlawful possession of library books. A person shall be guilty of unlawful possession of library books if he willfully retains any book, newspaper, magazine, pamphlet, manuscript, recording or other property belonging to or in any public library, reading room or other educational institution for 30 days after notice in writing to return the same, given after the expiration of the time that by the rules of such institution such article or other property may be kept. Any person violating this section of the code shall be guilty of a civil infraction and shall be sentenced to a fine not to exceed $500.00. [Ord. 2853 § 39, 1991; Ord. 2531, 1985]. Section 5.60.050 Notice of graffiti nuisance A. When the city becomes aware of a property within the city with graffiti visible from a public or quasi-public place, the city shall identify the party(ies) responsible for the property and send the party an informational letter describing the nature and location of the graffiti and requesting that the graffiti be removed promptly. The letter shall explain the problems caused by the continued presence of graffiti, the need for its prompt removal at the responsible party’s expense, describe the resources available to aid in graffiti removal, and give notice that failure to remove graffiti is a violation of city code that may lead to legal action to remove the graffiti at the expense of the party and may subject the party to civil penalties. The letter may also identify any graffiti removal assistance programs available through the city, or any private graffiti removal contractors. B. If the graffiti is not removed within a reasonable period, as determined by the Planning and Development development services director, after the information letter has been sent, the city shall issue an order to correct pursuant to the city’s civil violation and enforcement procedures set forth in Chapter 20.110 ECDC to the property owner and the occupant of the property, if different; or in the alternative, the building owners association or management company if there are multiple owners and/or occupants. C. The city shall issue a notice of civil violation pursuant to the city’s civil violation and enforcement procedures set forth in Chapter 20.110 ECDC to property owners or building owners association that fail to comply with the terms of the order to correct. The city through the Planning and Development development services director shall assess civil penalties at the rate of $250.00 per day per violation. Each and every day or portion thereof during which any violation is committed, continued, permitted or not corrected shall be a violation for purposes of this chapter. The Planning and Development development services director shall have the discretion to reduce the assessed daily civil penalty to not less than $25.00 per day upon a showing of good cause and need consisting of the following factors: frequency of offense, cooperation with the city in efforts to abate the graffiti, progress in abating the graffiti, and other relevant factors. D. The Planning and Development pddevelopment services director shall have the discretion to grant additional days to abate the graffiti upon a showing of good cause and need consisting of the following factors: frequency of offense, cooperation with the city in efforts to abate the graffiti, progress in abating the graffiti, and other relevant factors. [Ord. 3677 § 1, 2008]. ________________________________________________________________________________ Section 5.60.060.A Appeal, abatement and cost recovery proceedings A. A party to whom the notice of violation is issued may appeal the same as set forth in ECDC 20.110.040(C). Written notice requesting an appeal hearing before the hearing examiner shall be directed to the Planning and Development development services director, and shall include the name of the party requesting the appeal, the address of the graffiti nuisance property, a statement indicating standing to appeal, and a concise statement as to reasons why the graffiti on the property does not constitute a public nuisance. ________________________________________________________________________________ Section 6.20.050.F Enforcement and abatement F. Mediation. Notwithstanding any provision of this code, when the Planning and Development development services director determines, in his discretion, that significant risk to any person exists and the best interests of the neighborhood would be better served, the director may decline to proceed with prosecution or abatement until the complainant(s) and alleged violator(s) have attempted to resolve their conflict through mediation. ________________________________________________________________________________ Section 7.10.010 Application for water use All applications for the use of water shall be made at the Planning and Development development services Ddepartment by the owner, or by the owner’s authorized agent, on printed forms furnished by said department for that purpose, and shall contain the name and description of the lot, block and addition. The applicant shall state the purposes for which the water is to be used and shall agree to conform to the ordinances, rules, and regulations, with modification which may be adopted, as a condition for use of water. [Ord. 3629 § 2, 2007; Ord. 2214 § 1, 1981; Ord. 2139 § 3, 1980; Ord. 413 § 9, 1929]. Chapter 9.05 Datum Line Chapter 9.05 DATUM LINE Sections: 9.05.010 Base or datum line established. 9.05.010 Base or datum line established. The base or datum line to which the grade of the city of Edmonds shall be referred is established at an elevation of 40 and 11/100 feet above high tide, taking high tide as 100 feet. A sandstone four inches square with a hole in the middle, a box around it and planted at the southeast corner of the Hotel Stevens on Bell Street is the initial point. [Ord. 54 § 1, 1895]. Section 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. 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. B. Parking, Access, and Bicycle Storage Standards. 1. Parking Requirements. Vehicle parking shall be provided as follows: a. Nonresidential uses, one space per 500 square feet of leasable building space; and b. Residential uses, an average of 0.75 space per unit that is less than 700 square feet, an average of 1.25 parking spaces per unit that is between 700 and 1,100 square feet, and otherwise 1.75 spaces per unit. c. In addition, guest parking for residential uses at a minimum ratio of one guest space for every 20 required parking spaces. d. For mixed-use development, a portion of the parking spaces may be shared between residential and commercial uses provided the director finds that the proposal is supported by a parking study and/or nationally recognized parking standards and that the site plan assures access for all shared parking uses. e. Parking meeting the nonresidential parking requirements shall be open to the public throughout business operating hours. 2. The first 3,000 square feet of commercial space in a mixed-use development with a shared parking plan is exempt from off-street parking requirements. 3. The Planning and Development development services director may approve a different ratio for the vehicle parking required by the standards of subsection (B)(1) of this section when an applicant submits parking data illustrating that the standards do not accurately apply to a specific development. The data submitted for an alternative parking ratio shall include, at a minimum, the size and type of the proposed development, and the anticipated peak and average parking loads of all uses. The director may approve a parking ratio that is based on the specific type of development and its primary users in relationship to: a. An analysis conducted using nationally recognized standards or methodology, such as is contained in the Urban Land Institute’s most recent version of the publication “Shared Parking” or the latest version of the Institute of Transportation Engineers publication “Parking Generation”; or b. A site-specific parking study that includes data and analysis for one or more of the following: i. One-quarter-mile proximity to a bus rapid transit station and methodology that takes into account transit-oriented development; ii. Use of transportation demand management policies, including but not limited to free or subsidized transit passes for residents and workers; iii. On-site car-share and bike-share facilities; iv. Uses that serve patients, clients, or tenants who do not have the same vehicle parking needs as the general population; or v. Other methods that reduce the need for vehicle parking. 4. All off-street surface parking shall be located to the side or rear of the primary building, except as otherwise allowed by this chapter, and shall be screened from the sidewalk by a wall or plantings between two to four feet in height. Outdoor parking areas shall comprise 40 percent or less of the public street frontage area within 100 feet of the primary street for the lot or tract and, on corner lots, may not be located at the corner. The requirements of this subsection do not apply to permitted auto sales uses. 5. Electric Vehicle Charging Stations. See Chapter 17.115 ECDC for parking standards relating to electric vehicle (EV) charging infrastructure. 6. Bicycle Storage Spaces. See Chapter 17.120 ECDC for parking standards relating to bicycle parking facilities. 7. Driveways Accessing Highway 99. All driveway connections to Highway 99 must meet the applicable requirements of the Washington State Department of Transportation, including minimum requirements for distance between driveway access connections, which may be up to 250 feet to help promote traffic safety and minimize pedestrian-vehicle conflicts. 8. Paths within Parking Lots. a. Pedestrian paths in parking lots shall be delineated by separate paved routes that meet federal accessibility requirements and that use a variation in textures and/or colors and may include landscape barriers and landscape islands. b. Pedestrian paths shall be provided at least every 180 feet within parking lots. These shall be designed to provide access to on-site buildings as well as to pedestrian walkways that border the development. c. Pedestrian paths shall be a minimum of six feet in width and shall be separated from the parking area either horizontally or vertically (e.g., with curbs). Where paths cross vehicular lanes, raised traffic tables should be considered if feasible. d. Parking lots shall have pedestrian connections to the main sidewalk at a minimum of every 100 feet. 9. Bonus for Parking Below or Above Ground Floor. a. For projects where at least 50 percent of the parking is below or above the ground floor of the building, the following standards may be applied regardless of any ECDC standards that otherwise conflict: i. The minimum drive aisle width may be reduced to 22 feet. ii. The maximum ramp slope may be increased to 20 percent. iii. A mixture of full and reduced width parking stalls may be provided without demonstrating the stalls could also be provided at full width dimensions. 10. Drive-Through Facilities. Drive-through facilities such as, but not limited to, banks, cleaners, fast food, drug stores, and espresso stands, shall comply with the following: a. Drive-through windows and stacking lanes shall not be located along the facades of the building that face a street. b. No more than one direct entrance or exit from the drive-through shall be allowed as a separate curb cut onto an adjoining street. 11. Pedestrian and Transit Access. a. Pedestrian building entries must connect directly to the public sidewalk and to adjacent developments if feasible. b. Internal pedestrian routes shall extend to the property line and connect to existing pedestrian routes where applicable. Potential future connections shall also be identified such that pedestrian access between developments can occur without walking in the parking or access areas. c. Where a transit station or bus stop is located in front of or adjacent to a parcel, pedestrian connections linking the station or stop directly to the development are required. d. Pedestrian routes shall connect buildings on the same site to each other. C. Site Design and Layout. Overall, the design and use of each site shall be based on the building/street relationship and on the integration of pedestrian features. This will take the form of either a pedestrian-oriented design area or an alternative walkable design area, as described in subsections I(1) and (2) of this section; provided, that an exceptions process, pursuant to subsection I(3) of this section, may be allowed under the provisions of this section. Additional site design and layout standards in this section must also be met. 1. Pedestrian-Oriented Design Area. Unless otherwise permitted under subsection I(2) or (3) of this section, development must meet the requirements of this subsection for a pedestrian- oriented design area. a. Primary Frontage. At least 50 percent of a building’s I facing the primary public street shall be located within 20 feet of the property line where the primary street frontage exists. The illustration below provides an example of this concept. The requirement does not apply to buildings that are behind another building on the same lot when the other building has a footprint of at least 3,000 square feet and has met the requirement. Where site constraints preclude strict compliance with the requirement, the building line shall be measured one foot behind the line created by that constraint. On a corner lot or a lot with frontages on multiple streets, the Planning and Development development services director shall determine the primary street frontage considering the following: i. The street classification of the adjacent streets; ii. The prevailing orientation of other buildings in the area; iii. The length of the block face on which the building is located; or iv. Unique characteristics of the lot or street. b. The building must include a prominent pedestrian entry on the primary frontage. Vehicle parking, other than where permitted for vehicle sales use, shall not be located within the first 20 feet of the primary street frontage. The first 20 feet of the primary street frontage may include building space, landscaping, artwork, seating areas, outdoor displays, and pedestrian and bicycle facilities. 2. Alternative Walkable Design Area Option. An alternative to the pedestrian-oriented design area requirements of subsection I(1) of this section may be allowed by the Planning and Development development services director only for sites that the director has found to have unique and significant constraints related to pedestrian access and for which a phased design plan to increase pedestrian access and connectivity has been submitted to the Planning and Development development services Ddepartment. While they currently may be largely auto- oriented, walkable design areas have a high potential for walking, bicycling and transit service. If a development is allowed to use this standard, it shall be subject to the requirements of this subsection. a. Building Placement. For any new building permitted on a property after August 1, 2017, a minimum of 50 percent of the building’s I facing the primary street shall be located within 60 feet of the front property line or within 65 feet where a five-foot landscaping area is provided between the parking lot and the sidewalk. When site constraints preclude strict compliance with this requirement, the building line shall be measured one foot behind the line created by that constraint. b. On a corner lot or a lot with frontages on multiple streets, the Planning and Development development services director shall determine the primary street frontage considering the following: i. The street classification of the adjacent streets; ii. The prevailing orientation of other buildings in the area; iii. The length of the block face on which the building is located; iv. The location of any alley or parking areas; or v. Unique characteristics of the lot or street. c. No more than one double-sided row of parking spaces shall be allowed in the front of a building on its primary frontage. d. A pedestrian entrance must be located on the primary frontage. e. Required amenity spaces, under subsection I(4) of this section, shall be located to connect the building to the street as much as practicable; provided, that amenity space may also be located between buildings where the space will be used in common. 3. Exceptions Process for Pedestrian or Walkable Design. An exception to the exact requirements of subsection I(1) or (2) of this section may be allowed by the hearing examiner under a Type IIIA decision process to provide for design flexibility that still encourages pedestrian orientation and efficient land uses when the following criteria are met: a. The property is located within 300 feet of a highway interchange and has unique pedestrian access constraints or is primarily used for motor vehicle sales; b. The development provides business and pedestrian areas that are near the primary street frontage and likely to be active throughout the day and evening; c. The development features a prominent building entry for pedestrian use that is highly visible and connected by a well-lit walkway from the primary street frontage; d. At least 25 percent of the required amenity space shall be located to connect the building to the street in a manner that encourages pedestrian use and include seating, landscaping, and artwork; e. Where a site has multiple buildings (excluding accessory utility buildings), 50 percent or more of the required amenity space shall be located between buildings to allow for shared use; f. No more than 50 percent of vehicle parking, other than that associated with a permitted vehicle sales facility use, may be located within 20 feet of the front property line; g. One or more buildings on the site must have at least two stories of useable space. 4. Amenity Space. Amenity space is intended to provide residents, employees, and visitors with places for a variety of outdoor activities. a. An area equivalent to at least five percent of the building footprint shall be provided as amenity space. If a vehicle parking area is being added to the site without the concurrent development of a building of at least 2,000 square feet, amenity space must be provided to equal at least five percent of the additional parking area. b. The amenity space shall be outdoor space that incorporates pedestrian-oriented features, such as, but not limited to, seating, paths, gazebos, dining tables, pedestrian- scale lighting, and artwork. A minimum of 10 percent of the required amenity space shall be comprised of plantings, which may include tree canopy areas and other shade or screening features. Native vegetation is encouraged. c. The majority of the required amenity space must be provided in one or more of the following forms: i. Recreation areas: an open space available for recreation. The area may be spatially defined by landscaping rather than building frontages. Its surface shall consist primarily of hardy groundcover or a material conducive to playground or recreational use. Decorative landscape features, such as flower beds, shall not comprise more than 15 percent of the total area. ii. Plazas: an open space available for community gathering and commercial activities. A plaza shall be spatially defined primarily by either building facades, with strong connections to interior uses, or close proximity to the public sidewalk, especially at the intersection of streets. Its surface shall be primarily hardscape; provided, that trees, shade canopies, and other landscaping, as well as water features and artwork, may add visual or environmental features to the space. iii. Squares or courtyards: an open space available for unstructured recreation or community gathering purposes. A square is spatially defined by building facades with strong connections to interior uses. Its surface shall be primarily hardscape, supplemented by trees and other landscaping. Water features and artwork are optional. iv. Exception. A community garden may comprise a portion of any amenity space; provided, that it: (A) Is located more than 20 feet from a primary street frontage; (B) Is dedicated to ongoing use by residents of the site, including for growing edible produce; and I Includes facilities for watering the garden and storing garden supplies. 5. Lighting. All lighting shall be shielded and directed downward and away from adjacent parcels. This may be achieved through lower poles at the property lines and/or full “cut off” fixtures. a. Parking lots shall have lighting poles that are a maximum of 25 feet in height. Pedestrian paths or walkways and outdoor steps shall have pedestrian-scaled lighting focused on the travel path. Pole height shall be a maximum of 14 feet, although lighting bollards are preferred. b. For pedestrian paths and walkways on internal portions of the site, solar-powered lighting may be sufficient. c. Entries shall have lighting for safety and visibility integrated with the building/canopy. D. Building Design Standards. 1. General. To provide variety and interest in appearance, the following design elements should be considered, and a project shall demonstrate how at least four of the elements will be used to vary the design of the site: a. Building massing and unit layout; b. Placement of structures and setbacks; c. Location of pedestrian and vehicular facilities; d. Composition and character of open space, plant materials and street trees; e. Variety in architectural elements, facade articulation, and/or building materials; f. Roof variation in slope, height and/or materials. 2. Building Design and Massing. a. Buildings shall convey a visually distinct “base” and “top,” which may be achieved through differences in massing elements and/or architectural details. b. The bulk and scale of buildings of over 3,000 square feet in footprint shall be mitigated through the use of massing and design elements such as facade articulation and modulation, setbacks, step-backs, distinctive roof lines or forms, and other design details. c. Primary Frontage. On the primary frontage, to provide visual connection between activities inside and outside the building, 50 percent of the building facade between two and 10 feet in height, as measured from the adjacent sidewalk, shall be comprised of windows or doors that are transparent, the bottom of which may not be more than four feet above the adjacent sidewalk. A departure from this standard may be approved when the facade will not be visible from the public street due to the placement of other buildings on the site; provided, that the requirements of subsection (D)(2)(e) of this section shall apply. i. On the primary frontage, no vehicle parking shall be located within the first 20 feet of the first level of a building facing the street except where such parking is underground. d. All Other Building Frontages. All street-facing facades within 30 feet of a public street, other than for the primary frontage or those facing an alley or the last block of a dead-end street, shall comply with the standard below. i. Thirty percent of the building facade between two and 10 feet in height shall be made of windows or doors that are transparent, the bottom of which may not be more than four feet above the adjacent sidewalk. Windows shall not be mirrored or have glass tinted darker than 40 percent in order to meet this requirement. e. Wall Treatment. Building facades not subject to all requirements of subsection (D)(2)(c) or (d) of this section are intended to not display blank, unattractive walls to the public or to other building tenants. To accomplish this, walls greater than 30 feet in length shall have architectural treatment that incorporates at least four of the following elements into the design of the facade: i. Masonry (except for flat concrete block). ii. Concrete or masonry plinth at the base of the wall. iii. Belt courses of a different texture and color. iv. Projecting cornice. v. Projecting metal or wood canopy. vi. Decorative tilework. vii. Trellis containing planting. viii. Medallions. ix. Artwork or wall graphics. x. Vertical differentiation. xi. Decorative lighting fixtures. xii. Glazing. xiii. An architectural element not listed above that is approved by the director to meet the intent of this subsection. [Ord. 4277 § 2 (Exh. A), 2022; Ord. 4251 § 2 (Exh. A), 2022; Ord. 4078 § 1 (Exh. 1), 2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3736 § 11, 2009; Ord. 3635 § 1, 2007]. Section 17.20.020 Temporary homeless encampments permit Temporary homeless encampment permit, and regulations on processing the same, are hereby established. A temporary homeless encampment permit shall be required for temporary homeless encampment in the city. Temporary homeless encampments shall be permitted as a secondary use at all zoning districts where churches or local public facilities are permitted as primary uses. Public hearing shall be held and a decision on temporary homeless encampment permit shall be issued by the hearing examiner as if it were a Type III-A decision. Establishing such facilities contrary to the provisions of this chapter is prohibited. If one is established in violation of this chapter, or if after a temporary homeless encampment permit is issued, the Planning and Development development services director determines that the permit holder has violated this chapter or any condition of the permit, the encampment, its sponsor and managing agency may be subject to code enforcement pursuant to applicable city codes. [Ord. 3815 § 1, 2010]. Section 17.20.030.P Standards P. The managing agency and sponsor shall permit reasonable inspections of the temporary homeless encampment by the city’s code enforcement officers, building officials, Planning and Development development services director, fire marshal or their designee. The managing agency and sponsor shall implement all directives resulting from such inspections within 48 hours of notice, unless otherwise noted. Section 17.20.050 Procedural requirements for temporary homeless encampment permit applications. A. Application for Temporary Homeless Encampment Permit. A minimum of 45 days prior to the anticipated start of the encampment, the sponsor and managing agency shall submit jointly an application for a temporary homeless encampment permit to the Planning and Development development services Ddepartment. The completed application shall contain at a minimum the following information: 1. The date that the temporary homeless encampment will commence. 2. The duration of said encampment. 3. The maximum number of residents proposed. 4. The host location. 5. The names of the managing agency and sponsor. 6. Detailed information on how the temporary homeless encampment will comply with the requirements of this chapter and the International Fire Code. 7. Copy of proposed code of conduct. 8. Permit application fee, which shall not exceed the actual cost associated with the review and approval of said application. 9. Site plan showing at least the following: a. Method and location of required screening. b. Location of food and security tent. c. Method and location of potable water. d. Method and location of waste receptacles. e. Location of required sanitary stations including toilets and hand washing facility. f. Location of on-site parking and number of vehicles associated with the encampment. g. General location or arrangement of tents. h. Access routes for emergency vehicles. Section 17.60.020 Applicability The standards of this chapter apply to all uses. However, they do not apply to unusual and isolated incidents, as determined by the Planning and Development development services director. [Ord. 3731 § 1, 2009]. Section 17.70.010 Other temporary buildings Except as provided in ECDC 17.70.030 and 17.75.010, a conditional use permit shall be required to construct a temporary building in any zone. The permit shall be administratively reviewed by staff and shall be valid for a period of one year; provided, however, that said permit may be extended by the Planning and Development development services director for a single one-year extension upon submittal of a written application prior to the expiration of the original permit. All the requirements of the zoning district shall be met. An appeal of the staff decision granting or denying such a permit or extension shall be reviewed by the hearing examiner in accordance with the requirements for any other conditional use permit under Chapter 20.06 ECDC. [Ord. 4232 § 2, 2021; Ord. 3783 § 4, 2010; Ord. 3775 § 4, 2010; Ord. 3742 § 1, 2009; Ord. 3736 § 18, 2009; Ord. 2833 § 1, 1991; Ord. 2541, 1985]. Section 17.75.010.D Outdoor dining – Permitted secondary use. D. Seating shall be located outside of public rights-of-way. Seating within public rights-of-way is reviewed as bistro dining pursuant to the requirements of ECDC 18.70.030. or as a streatery pursuant to ECDC 18.70.030. Section 17.110.030 Recreational marijuana uses permitted only in the following specified zones. A. Marijuana producers are permitted in the CG and CG2 zones, and are not permitted in any other zone. B. Marijuana processors are permitted in the CG and CG2 zones, and are not permitted in any other zone. C. Marijuana retailers are permitted only in the BC, BD, BN, and CG and CG2 zones that lie within the boundaries of the following areas designated on the city’s comprehensive plan map: The Downtown/Waterfront Activity Center The Medical/Highway 99 Activity Center The Westgate Community commercial area The Five Corners neighborhood commercial area The Perrinville neighborhood commercial area The Highway 99 corridor The Edmonds Way corridor Marijuana retailers are not permitted in any other zone or comprehensive plan area not listed above. Section 17.115.040.C Required facilities C. Calculations. 1. Fractions. For the purposes of this chapter, calculations will be rounded up to the nearest whole number. 2. Inclusion in Parking Calculations. All EV installed, EV ready, and EV capable spaces are to be included in the calculation for the number of parking spaces, as provided by the applicable chapter of the Edmonds Community Development Code. 3. Uses Not Specified. Any use not listed in Table 17.115.040 must meet the requirements of the most similar listed use, as determined by the Planning and Development development services director. 4. Different Uses on the Same Development Site. The requirement for different uses on the same development site is calculated as the sum of all requirements for the individual uses. For cases where a building on a larger development site requires EV charging infrastructure per this chapter but the remainder of the development site does not, only the parking for that specific building or improved area will require compliance with this chapter. 5. For the purposes of Table 17.115.040, a portion or all of a lesser requirement for EV charging infrastructure can be substituted with one of a higher requirement (e.g., EV capable replaced with EV ready, EV ready replaced with EV installed, or EV capable replaced with EV installed) so long as the total minimum number of EV parking spaces required in Table 17.115.040 remains the same. For example, a nonresidential use could increase the amount of EV ready parking spaces from 40 percent to 50 percent, reduce the amount of EV capable parking spaces from 40 percent to 30 percent, and keep the same amount of EV installed spaces (10 percent). This example would be permitted because a portion of the lower requirement (EV capable) was substituted for a higher requirement (EV ready), and the overall minimum number of EV parking spaces (90 percent) would remain the same. Section 17.120.040.B Long-term bicycle parking B. Installation of Long-Term Bicycle Parking. Long-term bicycle parking must comply with all of the following: 1. Required to be located on the same site as the building; 2. Required to be located inside the building, such as a vehicle parking garage or other secure common area, except it can be located outside the building if located within a secure area up to 150 feet of the building’s main or employee entrance and provides bicycle storage lockers; 3. Adequate illumination of the bicycle parking surface must be provided; 4. Required to have an area of not less than 18 inches wide, 60 inches long, and 48 inches high for each bicycle; 5. Required to be provided with a permanent rack, locker, or other facility for locking or securing each bicycle that is attached to concrete or other comparable material. Up to 50 percent of the racks may be located on walls; 6. Alternative bicycle parking configurations and designs such as double decker lift assisted racks or bicycle parking in dedicated storage areas may be approved by the Planning and Development development services director if it is determined that these alternative configurations provide adequate access, are easy to use, and allow a bike to be securely locked; 7. Bicycle parking locations within auto parking areas must be separated by a physical barrier such as curbs, wheel stops, stanchions, fences, or similar device. [Ord. 4277 § 1 (Exh. A), 2022]. Section 17.120.060.C Design standards for short-term bicycle parking. C. Alternative designs may be acceptable as approved by the Planning and Development development services director. [Ord. 4277 § 1 (Exh. A), 2022]. Section 18.60.000 Permits required No person shall enter the city right-of-way for the purpose of excavation, construction, maintenance or repair without first obtaining a permit from the Planning and Development development services director or city engineer. City rights-of-way include all easements, licenses or other rights of entry owned by the city. [Ord. 3485 § 1, 2004]. ________________________________________________________________________________ Section 18.60.020 Applications Applications for right-of-way construction permits shall contain, in addition to the information required under any other applicable city code, the following information: A. Site plan, showing the location of construction, maintenance or repair, proposed construction, existing utilities and improvements, and proposed methods of final site restoration. B. Traffic Control Plan. Must meet minimum Manual on Uniform Traffic Control Devices (MUTCD) requirements. C. Complete right-of-way permit application. Application must be signed by a licensed and bonded contractor, unless otherwise approved by the Planning and Development development services director or city engineer. D. Such other information as the city engineer or designee of the Planning and Development development services director shall designate. [Ord. 3485 § 1, 2004]. ________________________________________________________________________________ Section 18.70.000 Permits required. No person shall use or encroach upon any public place without obtaining a permit from the Planning and Development development services director or city engineer. A. Encroachment Permit. An encroachment permit is required to encroach upon any portion of city public space, right-of-way or easement area with permanent structures. “To encroach” means to construct, erect or maintain in, over or under any public place, right-of-way, easement, roadway, parking strip and/or sidewalk, including the airspace above them, any structures permanent in nature, including but not limited to building extension, marquee, fence, retaining wall, artwork, or any other building or structure. B. Street Use Permit. A street use permit is required to use any portion of public space or city right- of-way for objects which are temporary in nature. 1. To “use” means to place or maintain in, over or under any public place, right-of-way, roadway, parking strip and/or sidewalk, including the air space above them, any temporary or movable object. 2. “Temporary in nature,” in reference to street use permits, means not having or requiring permanent attachment to the ground, or involving structures which have no required permanent attachment to the ground. 3. “Temporary object,” for the purposes of this chapter, refers to all objects placed in the right- of-way that are temporary in nature including but not limited to chairs, tables, planters, sandwich boards, benches, stanchions, platforms, rope, and fencing. None of the above definitions shall be interpreted to prohibit the parking of a properly licensed vehicle within the parking strip adjacent to their property line of sight, and street plantings, except as otherwise provided in ECDC 18.70.030(C)(6). [Ord. 4244 § 1 (Exh. A), 2022; Ord. 4243 § 1 (Exh. A), 2021; Ord. 4209 § 1 (Exh. A), 2020; Ord. 3790 § 1, 2010]. Section 18.70.020 Applications A. Street Use Permit. 1. Architectural design board approval, when applicable. 2. Complete application requirements for Edmonds arts commission, when applicable. 3. Certificate of insurance. 4. Complete street use. or streatery permit application. B. Encroachment Permit. 1. Critical areas determination, when applicable. 2. Complete application requirements for Edmonds arts commission, when applicable. 3. Architectural design board approval, when applicable. 4. Partial site plan, to be recorded with Snohomish County, clearly showing proposed encroachment, private property lines, all existing structures and driveways, easements and/or public property (developed or undeveloped). 5. Legal description, including copies of all recorded easements on the property. 6. Elevation view or side view of the proposed encroachment. 7. Ownership. Evidence showing the applicant to be the agent record owner of the property immediately adjoining the public place or right-of-way. An application to place artwork in the public right-of-way will be exempt from this requirement. 8. Certificate of insurance. 9. Complete encroachment permit application. 10. Complete encroachment agreement, to be recorded with Snohomish County. C. Such other information as the city engineer or designee of the Planning and Development development services director shall require. D. The encroachment agreement shall require prompt removal of the encroachment by the applicant at his/her/its expense upon reasonable demand by the city engineer and be legally adequate for recording in the land records of Snohomish County and the chain of title of the applicant’s property. Such encroachment agreements may be executed as acknowledged on behalf of the city by the city engineer and recorded by the city clerk following approval as to form by the city attorney. [Ord. 4244 § 1 (Exh. A), 2022; Ord. 4243 § 1 (Exh. A), 2021; Ord. 4209 § 1 (Exh. A), 2020; Ord. 3790 § 1, 2010]. ________________________________________________________________________________ Section 18.70.030 Review A. Architectural Design Board. Any application for a permit to construct, erect or maintain an awning, marquee, sign or any structure in a public place, except as otherwise allowed in subsection (C) of this section, may be referred by the Planning and Development development services director or his/her designee to the architectural design board. If referred to the board, the board shall review the plans and specifications as they relate to Chapter 20.10 ECDC. Applications for mobile street vending units shall be reviewed in accordance with ECC 4.12.055 by the architectural design board. B. Edmonds Arts Commission. Applications for an encroachment permit or a street use permit to install art in the public right-of-way shall be subject to the review and recommendation of the Edmonds arts commission. No art shall be permitted in the public right-of-way except as expressly permitted herein. Artwork that is reviewed under an encroachment permit shall be exempt of the requirements of ECDC 18.70.020(B)(5), (6), (7) and (10). 1. The term “art” or “artwork” as used in this section shall refer only to a work of visual art existing in a single copy or in multiple copies of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author. 2. The term “art” or “artwork” does not include: a. Any poster, map, globe, chart, technical drawing, diagram, model, applied art, motion picture or other audiovisual work, book, magazine, newspaper, periodical, database, electronic information service, electronic publication, or similar publication; b. Any merchandising item or advertising, promotional, descriptive, covering, or packaging material or container; c. Architectural details such as masonry, ironwork, or other building fixtures or materials; d. Any portion or part of any item described in subsection (B)(2)(a), (b) or (c) of this section; e. Any work not subject to copyright protection under the Visual Artists Rights Act, as codified under federal copyright law, U.S.C. Title 17, as the same exists or is hereafter amended. 3. An encroachment permit or street use permit requires determination of public benefit. The Edmonds arts commission (EAC) is mandated in Chapter 10.20 ECC to advise the city on matters pertaining to art. When the proposed encroachment or street use is art, EAC will review and make written recommendations to the community services director and city engineer for use and consideration in permit issuance. (See subsection (C) of this section.) 4. The public right-of-way is a traditional forum for public expression. By this permit program the city acknowledges that it is approving uses in a limited public forum. Art, like other exercises of First Amendment rights, may be limited by reasonable time, place and manner restrictions. In this case, these criteria will be utilized to protect the safety of the public who use the right-of-way for pedestrian or vehicular traffic and to ensure that the city provides for accessibility for the disabled. No recommendation or denial shall be based upon the content or message expressed by an artist or in a work of art as long as there is no commercial content. Applicants are encouraged to coordinate their artwork with the design of the building and the historic and pedestrian-oriented character of the downtown area. 5. Specific submission requirements for EAC review include, but are not limited to: a. Site plan sketch showing locations of artwork; b. Minimum one-quarter-inch scale rendering of the art concept or art component, including at least one elevation showing the art in context or comparable photographs of actual artwork in context; c. Material/color samples; d. Model (optional); e. Written proposal: seven copies of a written proposal in eight and one-half by 11-inch format to include: i. A description and summary of a final design proposal for the artwork for the proposed project; ii. Detailed maintenance requirements; iii. Schedule for development, fabrication, and completion; iv. Artists’ resume/background; v. Evidence of assumption of liability by applicant or designee. For proposal to be reviewed at next scheduled EAC meeting, a complete submission of all requirements must be received a minimum of 10 days prior to the date of the meeting. Additional requirements may be requested based on staff input or information sought by EAC members. 6. Review Criteria. Art in public places may be art standing alone, modifiers or definers of space, functional, or used to establish identity. The use of art as an integral part of the structure and function of building is encouraged, e.g., the interpretation of light fixtures, benches, hardware, doors, surface finishes, walkways, gates, and other features with the artwork or as a part of the artwork, although only some of these elements would occur in the public right-of-way. The criteria for review of encroachment or street use review artwork submissions are as follows: a. Constructability of proposed artwork. No artwork shall impair disabled accessibility and barrier-free design requirements. b. Artist’s credentials and recognition. c. Durability and craftsmanship in fabrication and production quality. Quality of the work is a high priority. d. Due consideration shall be given to the structural and surface soundness of artworks and to their permanence, including ability to withstand age, theft, vandalism, weathering, and maintenance and possible related repair costs. Careful consideration shall be given to the materials used and the appropriateness of those materials for the conditions of the site. e. Coordination of the artwork with the design of the building and the historic and pedestrian- oriented character of the downtown area is encouraged. f. Maintenance/conservation plan. g. Relationship to other existing artwork in vicinity. h. No Commercial Content. Artwork shall not be used as signage (see definition of signage). C. Issuance by the Development Services Planning and Development Director or City Engineer. The development servicesPlanning and Development director, city engineer or their respective designee may administratively, without hearing, approve a street use or encroachment permit if: 1. The proposed use shall not interfere with vehicular or pedestrian traffic, including but not limited to the following requirements: a. No portion of the public right-of-way designed and intended for vehicular traffic or parking shall be permanently occupied, except to the extent allowed under subsection (C)(6) of this section; b. Requirements of the State Building Code, including but not limited to all provisions relating to disabled accessibility and barrier-free design requirements shall be met; c. Any mobile vending units shall be properly licensed pursuant to Chapter 4.12 ECC; d. Permit application fees have been paid (see ECDC 18.70.050); e. A “clear zone” must be maintained on public sidewalks or walkways. A clear zone refers to an area seven feet in height and five feet in width providing a level, safe walking surface along the public sidewalk. Clear zone on sidewalks shall not include any curbing, planting strips or ramps. For tables and chairs placed in the public right-of-way, the clear zone can be reduced to four feet in width in front of obstacles (trees, street lights, sign posts, etc.); f. All temporary objects shall be removed from the right-of-way on 24 hours’ notice to accommodate public events. Temporary objects are subject to removal in the event of an emergency; and g. All temporary objects, excluding approved awnings, and wall signs, and permitted streateries, that project more than 36 inches into the right-of-way shall be removed each day at the close of business. 2. Exclusive Sidewalk Dining. In an effort to enhance street life of the city and serve both an economic development purpose as well as enhance the livability of the city’s urban core, exclusive sidewalk dining shall be allowed pursuant to ECDC 17.70.040. a. For purposes of this section the following terms are defined as: i. “Exclusive sidewalk dining” shall refer to a properly zoned and licensed food or beverage service establishment that uses the public right-of-way to serve only its customers at the exclusion of the general public. ii. “Barrier” shall refer to any temporary object or objects (e.g., stanchion, rope, markers) used to establish an exclusive bistro and outdoor dining area. Barriers shall be approved by the city engineer. b. All conditions and requirements set forth in this chapter have been met and adequate compensation for the exclusive use of the public right-of-way and applicant fees pursuant to ECDC 18.70.050 have been paid. c. All barriers, with the exception of markers and marking, shall be removed each day from the right-of-way at the close of business. d. The design and use shall comply with all requirements of state law, city ordinance and city policy including but not limited to: i. Washington State Liquor and Cannabis Board (WSLCB) and Snohomish County health division (SCHD). When applicable, the business shall provide a written approval from the WSLCB and/or SCHD for use of public rights-of-way; ii. ECDC 17.70.040, exclusive sidewalk dining; and iii. All litter and nuisance regulations, including but not limited to RCW 70.93.060 and Chapter 6.40 ECC. 3. The design board has reviewed and approved any proposal which includes a request to construct, erect or maintain an awning, building, sign or any building or structure, except as otherwise allowed in subsection (C) of this section; 4. The proposal will not unreasonably interfere with the rights of the public; and 5. The proposal (if for an encroachment permit) either benefits the public interest, safety or convenience (e.g., supports or protects the city street, reduces pedestrian hazards) or is an accessory structure such as a fence normally associated with residential use of the property and fully complies with the requirements of subsections (B)(1) through (3) of this section. 6.1 Streateries. “Streatery” means a type of parklet located within the public right-of-way, typically in a vehicle parking space, that has been designed to allow for food and beverage services. To provide greater opportunities for outdoor dining and beverage service, streateries may be permitted, subject to the following requirements: a. A streatery may be permitted as a type of street use in the parking lane of any public street on a block where retail or restaurant use is located. b. The business applying for the streatery is hereinafter referred to as the permittee. c. Streateries must meet applicable city and state statutes, including for fire, electrical, and building safety, as well as for liquor service and other applicable agency requirements. d. Streateries must be operated in a manner that complies with orders from the state health department or Governor related to coronavirus protection and with health district standards for food and beverage service or with this chapter, whichever is stricter. e. A complete street use permit application for a streatery shall be submitted to the city on a form provided by the development services department. City review of any streatery application will be completed in a timely manner and include opportunity for review by engineering, building, and fire staff. A street use permit for the streatery may be issued with any conditions as necessary. Field inspection will follow. f. Reserved. g. Expiration and Termination. i. A streatery permit may be extended in up to six-month increments; provided, that it passes a final inspection for code compliance prior to the permit extension and that no streatery may continue to operate or hold space in the right-of-way beyond the sunset date in subsection (C)(6)(p) of this section, regardless of the expiration date set forth on the permit. ii. If the streatery has been cited with more than three violations of the city code within a 12-month period, its permit may be terminated. iii. After the streatery has begun operating or within 30 days of street use permit approval, whichever is first, if the streatery is not used by the applicant for at least 15 days of any 30-day period, the city may terminate the permit in order to avoid leaving the parking space unavailable for use. A notice of potential termination shall be provided by the city to the permittee at least 10 days in advance of any termination taking effect. h. Number of Allowed Streateries. In the BD zone, after the first 20 streateries have been approved, no more streatery permits shall be accepted by the city unless the permit is to replace an existing streatery or this section is amended to allow additional streateries. A business is allowed to have no more than one streatery permit. i. Location. i. A streatery must be located fully or partially adjacent to the business that it serves; provided, that if the business is not adjacent to one or more suitable parking spaces, another business or property owner may give its written concurrence for the parking space in front of it to be used for a streatery. ii. All streatery use shall be entirely within the approved space(s) and shall not extend into the travel lane of the public right-of-way. iii. Streateries shall not be located in ADA parking stalls, in front of fire hydrants or bus stops, or over the top of city storm catch basins. iv. The maximum length of a streatery is two vehicle parking spaces. For corner locations, the two spaces may be comprised of one parking space on each of the adjacent intersecting streets. v. No more than two streateries shall be located next to each other. vi. Where only one parking space exists between two streateries on a block face, each of the two streateries must be set back at least one foot from the intervening parking space. j. Other Site Requirements. i. A streatery must be located on an ADA-accessible raised platform that is flush with the sidewalk and has no more than a one-half-inch horizontal gap between the sidewalk and platform. The platform must be ADA-accessible from the public sidewalk and, upon entering the streatery, a wheelchair user must be able to access at least one seat at a table on the platform. Exception: A streatery may be allowed without a platform if the business has other open-air dining that is ADA-compliant and available for customer use. ii. Each streatery must be protected at its end(s) from any adjacent vehicle parking space by a water-filled jersey barrier, substantial planter at least 30 inches high, or other approved barrier. The preferred color for a jersey barrier is white. Each barrier must include adequate lighting or reflective markings, as approved by the city engineer, for night-time visibility to drivers. iii. Screening shall be located on the streatery side that is adjacent to and parallel with the traffic lane. Such screening shall be at least 30 inches high and primarily consist of: (A) lattice, picket, or solid fencing; (B) fabric or membrane material; or (C) containerized plantings where the container is at least 30 inches in height. Above 36 inches in height, any screening from the traffic lane will have views into and out of the streatery. An applicant may propose a different material that provides both external views and a sense of separation, subject to approval by the building official. Reflecting markings or lighting, as approved by the city engineer, are required along the traffic side for night-time visibility to drivers. iv. All tents, canopies, fabric screens, and umbrellas are subject to approval by the building official for any structural requirements and by the fire marshal for flame- retardance. Tents and canopies must be fully open to the air on at least one side. If the open side is less than eight linear feet, a second side must have ventilation. v. Tents, canopies, awnings, fabric screens, and umbrellas that are documented as being purchased by the applicant prior to January 1, 2021, may be of any color. Otherwise, the color of said items shall be primarily yellow, white, or red, or any combination of those colors. Material that is transparent may also be acceptable. vi. Fuel-burning heaters and open flames, such as candles, torches and fire pits, are not allowed within three feet of any fabric (including tents and canopies) unless approved by the fire marshal. k. Signage. A streatery shall have no more than one sign. The allowed sign does not need a separate permit but must be no more than 18 inches in length and eight inches in height and must not be internally lit nor have components that wave or otherwise appear to move. The sign shall not be placed on the longest side of the streatery facing traffic and shall not be attached to the ground. It may be attached to or part of a streatery component but cannot interfere with traffic or sight visibility. l. Maintenance. The permittee is responsible for maintenance of all streatery components, including surface and furniture cleaning and keeping the area underneath and adjacent to the streatery free of obstruction so that stormwater can flow freely at the curb. m. Insurance. Insurance is required, per subsection (G) of this section. n. Installation and Removal. The permittee is responsible for providing and installing all components of the streatery and for removing the components when the permit has expired. The city may also remove or require removal of the streatery as needed to deal with emergency conditions or infrastructure repair. o. City staff may provide additional details or guidance for applicants to implement this section, consistent with direction from the city engineer and the development services director or their respective designees. p. This subsection (C)(6) shall sunset on April 30, 2022. D. Bay Windows, Decks, and Related Architectural Features. In an effort to allow for more creative designs and a better overall appearance in the downtown area, bay windows, decks, and related architectural features may encroach into the public right-of-way within the central business district or any other zone in which no setback from the lot line is required, subject to the following requirements: 1. All conditions and requirements set forth in this chapter have been met and adequate compensation has been paid; 2. The encroachment shall not occur over alleys; 3. The building encroachment shall not project more than two feet (24 inches) into the right-of- way; 4. The encroachment shall not exceed 30 percent of the length of the facade on any one side of the building; 5. The encroachment shall provide for a minimum clearance height of eight feet over any pedestrian right-of-way and a minimum clearance height of 11 feet over any vehicular right-of- way, whichever is greater; 6. The encroachment shall be approved by the architectural design board as contributing to a modulated facade design which enhances the variation and appearance to the public of the overall building design and public streetscape. E. Appeal. The decision of the Planning and Development development services director, city engineer, or their respective designees may be appealed to the hearing examiner as a Type II proceeding under the procedures set forth in Chapter 20.06 ECDC; provided, however, that the establishment of compensation for use of the public right-of-way is a legislative decision of the city council and is not subject to judicial review. F. Awnings and Canopies. Consistent with ECDC 22.43.040, awnings and canopies, whether architectural or temporary, excluding those permitted under subsection (C)(6) of this section, may encroach into the public right-of-way within the central business district or any other zone in which no setback from the lot line is required, subject to the following: 1. The awning or canopy shall provide a minimum clearance height of eight feet above the walking surface, not to exceed 15 feet at its highest point. 2. Awning and canopy projection over the right-of-way shall be determined as follows; provided, that no awning or canopy shall project within two feet of the street curb (measured from the back of curb): Sidewalk Width Minimum Projection Less than 8 feet 5 feet 8 feet or greater 6 feet 3. Awnings and canopies shall not be constructed at a location or in a manner that will obstruct, obscure, or interfere with any streetlight, flower pole, utility pole or appurtenance, street tree, or any transportation-related sign, signal, or traffic control device. 4. All awning and canopy designs shall meet the above criteria, unless otherwise approved by the city engineer. G. Insurance Requirement. When the application is for use or encroachment onto a public right-of- way including but not limited to streets, roads, alleys, trails, sidewalks, bike paths, pedestrian easements, and any other easement intended for the use of the public, the applicant who operates a business or commercial operation shall be required to provide and continually maintain during the term of the permit a certificate of insurance naming the city as an additional insured, with respect to liability, and providing that it shall be primary as to any other policy of insurance. The policy must contain the additional insured statement, coverage amounts and cancellation notification indicated on the sample insurance form provided by the city. In addition, a business and commercial applicant as well as all residential or nonprofit applicants shall sign a covenant to hold harmless and indemnify the city which will be recorded and run with the land in a form approved by the city attorney. H. Nothing herein shall be interpreted to permit the base or ground support for any sign to be located upon or attached to the ground within the public right-of-way. [Ord. 4244 § 1 (Exh. A), 2022; Ord. 4243 § 1 (Exh. A), 2021; Ord. 4209 § 1 (Exh. A), 2020; Ord. 3790 § 1, 2010]. Section 19.00.030.B Architectural design review – Optional vesting. B. Upon filing of the augmented ADB application, the applicant shall be deemed fully vested as if a fully complete building permit application had been filed; provided: 1. The burden shall be upon the applicant to supply all material required by the provisions of this section and as necessary to meet the requirements of Chapter 20.10 ECDC. The applicant may supplement the original application in the event an application is deemed incomplete by the Planning and Development development services director or designee. Vesting shall occur only when the application is deemed complete by the Planning and Development development services director. Failure to supplement an incomplete application within 90 days of final ADB approval shall result in forfeiture of all fees paid and no vesting right shall attach. 2. The application shall expire along with all rights vested 180 days following the date of application if final architectural design approval is not received. a. The Planning and Development development services director or designee may issue an extension for an additional period, not exceeding 180 days, upon written request by the applicant(s) or their agent(s). Such request for extension shall be filed prior to the expiration of the original application time period. An extension shall be granted if the architectural design board has not yet considered the application or an appeal thereof is pending. b. The time period shall run concurrently with the periods established by ECDC 19.00.025 as the same exists or is hereafter amended. No application shall be extended more than once. In order to renew an application after expiration, the applicant shall resubmit all required information and pay a new plan review fee. 3. The applicant shall comply with all provisions of state law and regulation and this code regarding SEPA review. Review periods or delays occasioned by SEPA shall stay the time periods set by this chapter. 4. Following final ADB approval, the applicant shall file the plans and information required by IBC Section 107. It is anticipated that minor adjustments and changes may be and are usually required to the plans submitted as a result of the plan review and administrative process; provided, that the following changes shall not be considered “minor” and shall forfeit vesting rights, and shall require the filing of a new application: a. Any substantial change not required by the terms of ADB approval. b. Any increase in height or total square footage or any change which would change the occupancy classification for the purposes of the State Building Code. 5. Any decision of the city staff regarding the application stated in this section and its interpretation shall be considered a Type I decision appealable only to the superior court of Snohomish County by the Land Use Petition Act. _______________________________________________________________________________ Section 19.07.010.B Applicability B. Basis for Establishing the Areas of Special Flood Hazard. The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report entitled “The Flood Insurance Study (FIS) for Snohomish County, Washington, and Incorporated Areas” dated June 19, 2020, and any revisions thereto, with accompanying flood insurance rate maps (FIRMs), and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The FIS and the FIRM are on file at the Planning and Development development services dDepartment at 121 5th Avenue North. _______________________________________________________________________________ Section 19.10.020.E Definitions E. “Director” shall mean the city of Edmonds Planning and Development development services director or his/her designee. _______________________________________________________________________________ Section 19.95.010.D Definitions D. “Director” means Planning and Development the development services director or his designee. _______________________________________________________________________________ Section 20.01.000.C Purpose and general provisions C. Unless otherwise specified, all references to days shall be calendar days. Whenever the last day of a deadline falls on a Saturday, Sunday, legal holiday designated by RCW 1.16.050 or by a city ordinance, or any day when City Hall or the city’s Planning and Development development services Ddepartment is closed to the public by formal executive or legislative action, the deadline shall run until the next day that is not a Saturday, Sunday, or holiday or closed day. [Ord. 4154 § 1 (Att. A), 2019; Ord. 3817 § 1, 2010]. Section 20.01.001.A Types of actions. A. Administrative Decisions. Type I and II decisions are administrative decisions made by the Planning and Development development services director or his/her designee (hereinafter the “director”). Type I permits are ministerial decisions and are based on compliance with specific, nondiscretionary and/or technical standards that are clearly enumerated. Type II permits are administrative decisions where the director makes a decision based on standards and clearly identified criteria, but where public notice is required. Unless otherwise provided, appeals of Type II decisions shall be initiated as set forth in ECDC 20.06.030. _______________________________________________________________________________ Section 20.01.003.A Permit type and decision framework. A. Permit Types. TYPE I TYPE II-A TYPE II-B TYPE III-A TYPE III-B TYPE IV TYPE V Zoning compliance letter Accessory dwelling unit Contingent critical area review Outdoor dining Essential public facilities Site specific rezone Lot line adjustment Formal interpretation of the text of the ECDC by the director Shoreline substantial development permit, where public hearing not required per ECDC 24.80.100 Technological impracticality waiver for amateur radio antennas Development agreements Zoning text amendment; area-wide zoning map amendments Critical area determinations SEPA determinations Critical area variance Comprehensive plan amendments Shoreline exemptions Preliminary short plat Contingent critical area review if public hearing requested Conditional use permits (where public hearing by hearing examiner is required) Annexations Minor amendments to planned residential development Land clearing/grading Shoreline substantial development permit, where public hearing is required per ECDC 24.80.100 Variances Development regulations Minor preliminary plat amendment Revisions to shoreline management permits Shoreline conditional use Staff design review, including signs Administrative variances Shoreline variance Final short plat Land use permit extension requests Design review (where public hearing by architectural design board is required) Sales office/model (ECDC 17.70.005) Guest house Preliminary formal plat Final formal plats Innocent purchaser determination Preliminary planned residential development Final planned residential development Section 20.02.001.C Optional preapplication conference C. The Planning and Development development services director or his/her designee (hereinafter the “director”) shall provide the applicant with the following during the conference: 1. A form which lists the requirements for a completed application; 2. A general summary of the procedures to be used to process the application; 3. The references to the relevant code provisions or development standards which may apply to approval of the application; and 4. The city’s design guidelines. ______________________________________________________________________________ Section 20.02.003.D Submission and acceptance of application D. Incomplete Applications. 1. Whenever the applicant receives a determination from the city pursuant to subsection (A)(2) of this section that the application is incomplete, the applicant shall have 90 days to submit the necessary information. Within 14 days after an applicant has submitted the requested additional information, the director shall make a determination of completeness and notify the applicant in the manner provided in subsection (A) of this section. 2. Whenever the applicant receives a notice that the contents of the application, which had been previously determined under subsection (A)(1) of this section to be complete, is insufficient, ambiguous, undecipherable, or otherwise unresponsive of the information being sought, the applicant shall have 90 days to submit the necessary information. If circumstances warrant, the applicant may apply in writing to the director requesting a one-time 90-day extension. The extension request must be received by the city prior to the end of the initial 90- day compliance period. 3. If the applicant does not submit the additional information requested within the 90-day period (or within the 90-day extension period, as applicable), the director shall make findings and issue a decision, according to the Type I procedure, that the application has lapsed for lack of information necessary to complete the review. The decision shall state that no further action will be taken on the application., and that if the applicant does not make arrangements to pick up the application materials from the planning and/or public works/engineering departments within 30 days from the date of the decision, the application materials will be destroyed. 4. When the director determines that an application has lapsed because the applicant has failed to submit required information within the necessary time period, the applicant may request a refund of the application fee remaining after the city’s determination of completeness. Section 20.03.002.G Notice of application G. Public Comment on the Notice of Application. All public comments in response to the notice of application must be received by the city’s development servicesPlanning and Development Ddepartment by 4:30 p.m. on the last day of the comment period. Comments in response to the notice of application received after the comment period has expired will not be accepted no matter when they were mailed or postmarked. Comments shall be mailed, e-mailed or personally delivered. Comments should be as specific as possible. [Ord. 4026 § 5, 2016; Ord. 4021 § 1, 2016; Ord. 3817 § 3, 2010; Ord. 3736 § 4 (Exh. A), 2009]. ______________________________________________________________________________ Section 20.04.001.B Determination of consistency B. Consistency. During application review, the Planning and Development development services director or his/her designee (hereinafter the “director”) shall determine whether the development regulations applicable to the proposed project, or in the absence of applicable development regulations, the city’s comprehensive plan, address the following: 1. The type of land use permitted at the site, including uses that may be allowed if the criteria for their approval have been satisfied; 2. The level of development, such as units per acre, density of residential development in urban growth areas, or other measures of density; 3. Availability and adequacy of infrastructure and public facilities identified in the comprehensive plan; and 4. Whether the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW. ______________________________________________________________________________ Section 20.06.030 Appeals of project permit decisions. Any administrative appeal of a decision on a project permit application shall be governed by the following: A. Reserved. B. Time to File. An appeal must be filed within 14 days after the issuance of the written decision on a project permit application. The appeal period for determinations of nonsignificance shall be extended for an additional seven days, if state or local rules adopted pursuant to Chapter 43.21C RCW allow public comment on a determination of nonsignificance issued in relation to the applicable project permit application. Appeals, including fees, must be received by the city’s development servicesPlanning and Development Ddepartment electronically, by mail or by personal delivery at or before 4:00 p.m. on the last business day of the appeal period. Appeals received by mail after 4:00 p.m. on the last day of the appeal period will not be accepted, no matter when such appeals were mailed or postmarked. C. Computation of Time. For the purposes of computing the time for filing an appeal, the day the hearing body’s decision is issued shall not be counted. If the last day of the appeal is a Saturday, Sunday, legal holiday designated by RCW 1.16.050 or by a city ordinance, or any day when City Hall or the city’s Planning and Development development services Ddepartment is closed to the public by formal executive or legislative action, then the appeal may be filed on the next day that is not a Saturday, Sunday, holiday or closed day. D. Content of Appeal. Appeals shall be in writing, be accompanied by the required appeal fee as set forth in the city’s adopted fee resolution, and contain the following information: 1. Appellant’s name, address, email address, and phone number; 2. A statement describing appellant’s standing to appeal; 3. Identification of the application which is the subject of the appeal; 4. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based; 5. The specific relief sought; 6. A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature. 7. All written submittals should be typed or electronically formatted on letter size paper (eight and one-half by 11 inches), with one-inch margins, using readable font type (such as Times New Roman) and size (no smaller than 12-point), single sided. E. Effect. The timely filing of an appeal shall stay the decision on the applicable project permit application, or portion thereof, until such time as the appeal is resolved or withdrawn. F. Notice of Appeal. The director shall provide written notice of the appeal to all parties of record as defined in ECDC 20.06.020. G. Multiple Appeals. More than one appeal may be filed concerning the same decision on a project permit application. [Ord. 4154 § 2 (Att. B), 2019]. Section 20.06.120.E Procedure for closed record hearings. E. Written arguments, responses, and rebuttals must be received by the city’s Planning and Development development services Ddepartment electronically, by mail or personal delivery at or before 4:30 p.m. of the date due. Late submittals shall not be accepted. Submittals received by mail after 4:30 p.m. on the last day of the appeal period will not be accepted, no matter when such submittals were mailed or postmarked. ______________________________________________________________________________ Section 20.10.010.B Types of design review B. District-based design review applies to the following areas or districts: 1. The downtown Edmonds business districts (BD zones) located within the downtown/waterfront activity center as shown on the city of Edmonds comprehensive plan map. 2. 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. Section 20.12.070.B Design guidelines, criteria and checklist B. Additional Criteria. Design review shall reference the specific criteria adopted for each area or district. 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]. Section 20.16.020 Definitions The following definitions shall apply for purposes of this chapter: A. “City” means the city of Edmonds, Washington. B. “Department” means the city of Edmonds development servicesPlanning and Development Ddepartment. C. “Director” means the Ccity of Edmonds Planning and Development Department development services director. D. “Essential public facility” or “EPF” means a facility: 1. Listed in RCW 36.70A.200; 2. Appearing on the list maintained by the State Office of Financial Management pursuant to RCW 36.70A.200(4); 3. Designated in the city’s comprehensive plan; 4. Designated by a regional agency with jurisdiction; and/or 5. Owned or operated by a unit of local or state government, a public utility or transportation company, or any other entity under contract to a unit of local or state government to provide an essential public facility. E. “Regional essential public facility” or “regional EPF” means a project designated as an EPF and sited by a bona fide regional agency acting within its legally constituted authority and geographical jurisdiction. F. “Project sponsor” means the proponent and/or applicant for an essential public facility. [Ord. 3572 § 1, 2005; Ord. 3474 § 1, 2003]. Section 20.35.070 Application A. The applicant shall file with the development services Planning and Development Ddepartment a preliminary development plan, including the following: 1. A legal description of the property proposed to be developed; 2. A map of the subject property and surrounding 300 feet. This map shall indicate all existing land uses, approximate building footprints and streets; 3. A proposed site plan for the subject property depicting the following: a. Topography at two-foot contours for slopes 15 percent or less and five-foot contours for slopes over 15 percent; b. Individual trees over six inches in trunk diameter measured four feet above the base of the trunk in areas to be developed or otherwise disturbed; and c. Designated placement, location, and principal dimensions of lots, buildings, streets, parking areas, recreation areas and other open space, landscaping areas and utilities; 4. Drawings and text showing scale, bulk and architectural character of proposed structures; 5. Special features including but not limited to critical areas and sites or structures of historic significance; 6. A narrative describing conditions or features which cannot be adequately displayed on maps or drawings; 7. A narrative stating how the proposed development complies with the criteria, goals and policies of this PRD chapter and the city of Edmonds comprehensive plan, including level of service standards and guidelines contained in this and other titles; 8. Draft conditions, covenants and restrictions and other documents relating to operation and maintenance of the development, including all of its open areas and recreational facilities. B. The applicant may submit to the Planning and Development development services director proposed development standards that, if approved, shall become a part of the preliminary PRD for specifying placement, location and principal dimensions of buildings, streets, and parking areas. This alternative process is intended to accommodate the need for flexibility, while ensuring that sufficient information as to the nature of the development is available upon which to base a decision concerning the preliminary PRD. Proposed development standards shall specifically set forth parameters for location, dimensions and design of buildings, streets and parking areas. This information will need to be submitted in the form of a narrative and drawings which demonstrate and describe how the proposed modifications of the underlying bulk standards meet the criteria outlined in this chapter. [Ord. 3465 § 1, 2003]. Section 20.35.080 Review process. A. An application for a PRD has two stages. The first stage, the preliminary PRD, includes the following: 1. Pre-Application Staff Review. The preliminary plans of the proposal shall be submitted to the planning manager for review and comment. This provides an opportunity for the developer to work with the city staff to design a total plan which best meets the goals of the city and the needs of the developer. Such potential problems as drainage, topography, circulation, site design and neighborhood impact should be identified and addressed before the proposal is submitted for formal review. 2. Pre-Application Neighborhood Meeting. The applicant shall host a public pre-application neighborhood meeting to discuss and receive public comment on the conceptual proposal. The applicant shall provide notice of this meeting to all property owners within 300 feet of the subject site by depositing written notice in the U.S. Mail postage paid at least 14 calendar days in advance of the meeting to all persons and entities shown as having an ownership interest in the land records of Snohomish County. An affidavit of mailing shall be provided to the city by the applicant attaching its mailing list. While this meeting will allow immediate public response to the proposal in its conceptual form, comments submitted during this meeting are not binding to the applicant or staff. However, staff may make general recommendations to the applicant as part of the formal application based on the input from this meeting to the extent that said comments are consistent with the adopted provisions of the Edmonds Community Development Code and the comprehensive plan. As a courtesy, the applicant shall provide summary minutes of the meeting to all of those in attendance within two weeks of the date of the meeting. 3. Review by the Architectural Design Board. The design board will review the project for compliance with the urban design guidelines, landscaping, and/or the single-family design criteria in ECDC 20.35.060 and forward their recommendation of the site and building design on to the hearing examiner for his consideration. Their review will be at one of their regularly scheduled meetings, but will not include a public hearing or the ability for the public to comment on the project. 4. The Public Hearing with the Hearing Examiner. The hearing examiner shall review the proposed PRD for compliance with this section as a Type III-A decision. If, after all appeals are exhausted, the proposal is denied, a similar plan for the site may not be submitted to the Planning and Development development services Ddepartment for one year. A new plan which varies substantially from the denied proposal, as determined by the Planning and Development development services director, or one that satisfies the objections stated by the final decision-maker may be submitted at any time. An applicant who intends to subdivide the land for sale as part of the project shall obtain subdivision approval in accordance with Chapter 20.75 ECDC before any building permit or authorization to begin construction is issued, and before sale of any portion of the property. The preferred method is for the applicant to process the subdivision application concurrently with the planned residential development proposal. B. The second stage of the PRD process, the final PRD, consists of the city’s review of the final plans for consistency with the preliminary PRD as approved. The decision at this stage will be made by city staff. The final PRD will be subject to the following review: 1. The applicant shall submit the final development plan to the Planning and Development development services director, conforming to the preliminary plan as approved, and all applicable conditions of that approval. The planning manager shall review the plan along with the city engineer and make a final decision. The plan shall contain final, precise drawings of all the information required by ECDC 20.35.030. The applicant shall also submit all covenants, homeowners’ association papers, maintenance agreements, and other relevant legal documents. 2. If city staff finds that the final development plan conforms to the preliminary approval, and to all applicable conditions, staff shall approve the plan and its accompanying conditions as a covenant which touches and concerns the subject property, incorporating by reference all maps, drawings and exhibits required to specify the precise land use authorized. A file shall be maintained by the development servicesPlanning and Development Ddepartment containing all maps and other documents or exhibits referred to in the approval. The approval shall also contain a legal description of the boundary of the proposal. The covenant shall be recorded with the county auditor if no subdivision plat is to be recorded. 3. The provisions of approval shall be restrictions on the development of the site. Revocation of approval or abandonment as provided in this chapter shall eliminate all requirements imposed under the planned residential development plan, such as alternative bulk development standards, and shall cause the old underlying bulk development standards to be in full force and effect. [Ord. 4154 § 20 (Att. D), 2019; Ord. 3822 § 1, 2010; Ord. 3787 § 3, 2010; Ord. 3465 § 1, 2003]. Section 20.60.055.A Pedestrian signs. A. Pedestrian signs may be permitted to be located either (1) between the business storefront and the public right-of-way, or (2) on the sidewalk in front of the business storefront if the pedestrian sign meets the following standards: 1. Only one pedestrian sign is permitted per ground floor storefront; 2. Businesses may make arrangements to rotate their pedestrian signs provided they meet the one-sign-per-storefront standard; 3. The sign shall be located within 10 feet of the building entry and must be placed within two feet of the building. The Planning and Development development services director may approve an alternative location under the following circumstances: a. An alternative location in front of the building or on the property occupied by the business is less intrusive to pedestrian movement or accessibility; or b. The building containing the business is set back from the property line and a location on the property can be provided such that the sign does not encroach onto a public sidewalk; 4. A business located on a corner property shall have no more than one pedestrian sign, regardless of the number of streets the business fronts on; 5. If located on or near a sidewalk, building entry or pedestrian way, the sign shall be located to provide a clear zone consistent with EDCD 18.70.030(C); 6. Pedestrian signs cannot be left outside during hours that the business is closed to the public; 7. Pedestrian signs are limited to: a. Six square feet in area, two and one-half feet in width, and three and one-half feet in height for A-frame or sandwich board signs; and b. Six square feet in area, two and one-half feet in width, and four and one-half feet in height for stanchion, easel or other types of pedestrian signs. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016]. ______________________________________________________________________________ Section 20.60.075 Governmental signs Governmental signs, while exempt from the processes and development regulations required by this chapter, shall be erected and maintained subject to rules and procedures established by the Planning and Development development services director. In all cases, the city retains the right to remove any governmental sign at its sole discretion. [Ord. 4064 § 1 (Att. A), 2017]. ______________________________________________________________________________ Section 20.70.060 Application Requirements. An applicant may apply for a vacation by submitting the following: A. A vacation petition with supporting affidavits on forms provided by the planning division; B. A legal description of the street, alley, easement, or part thereof to be vacated. This legal description shall be prepared by a surveyor registered in the state of Washington; C. A site plan Fifteen paper copies of a site map showing the street, alley, easement or part thereof to be vacated and showing all properties with subdivision, block, lots, and specifying open and unopened rights-of-way for a radius of 400 feet from the street, alley, easement, or part thereof, to be vacated. These site maps must be at a scale of 1" = 50'; D. An 8-1/2-by-11-inch clear plastic transparency of the site map; E. Address labels obtained from the Snohomish County comptroller’s office containing the names and addresses of the owners of all property within 300 feet of any boundary of the street, alley, easement, or part thereof, to be vacated; F. A copy of the Snohomish County assessor’s map identifying the properties specified in subsection E of this section; D. G. Two copies of an An appraisal prepared by a qualified land appraiser with an M.A.I. designation, establishing the fair market value of the street, alley, or part thereof to be vacated. An appraisal is not required if a utility easement only is proposed to be vacated; E. H. A completed application and fee as established by ordinance; I.F. If the property was originally dedicated by one and only one of the abutting properties, the designation of the property from which the right-of-way was dedicated; and G. J. Any additional information or material that the manager of the planning division or his/her appointee determines is reasonably necessary for the city council to consider the requested vacation. [Ord. 2933 § 1, 1993]. Section 20.75.040 Application Applications for subdivisions shall be made to the development services Planning and Development director on forms provided by the Planning and Development development services dDepartment. A subdivision application will be processed concurrently with any applications for rezones, variances, planned unit developments, site plan approvals and other similar approvals, that relate to the proposed subdivision, unless the applicant expressly requests sequential processing. The application shall contain the following items in addition to those specified in ECDC 20.02.002: A. A reproducible copy of the preliminary plat and the number of prints required by the development servicesPlanning and Development Ddepartment; B. Title report; C. A survey map, if required by the Planning and Development development services director, of the exterior boundaries of the land to be subdivided, prepared by, and bearing the seal and signature of, a professional land surveyor registered in the state of Washington. This map can be combined with the preliminary ECDC 20.75.050 plat at the applicant’s option; D. The application fee as set in Chapter 15.00 ECDC; E. A proposal for dedication of park land rather than payment of in-lieu fees, if desired by the applicant; F. Source of water supply and name of supplier; G. Method of sewage disposal, and name of municipal system if applicable. Percolation rates and other information required by the public works department shall be submitted if septic tanks are to be used; H. Other information that may be required by the Planning and Development development services director in order to properly review the proposed subdivision, including information needed to determine the environmental impact of the proposal. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3736 § 62, 2009; Ord. 2379 § 1, 1983]. ______________________________________________________________________________ Section 20.75.055.C Lot combination C. Lot combinations shall be approved as a matter of right unless the Planning and Development development services director finds that the combination of lots would: 1. Not result in legal conforming lot; and/or 2. Not be in compliance with the goals and objectives of the city’s comprehensive plan. The director shall, as a part of his decision, determine whether or not the lots, as combined, negatively impact compliance with the city’s urban density requirements as established pursuant to the State Growth Management Act, comprehensive plan and the Snohomish County planning policies. ______________________________________________________________________________ Section 20.75.060 Required information on preliminary plats A preliminary plat is a neat and approximate drawing to scale of a proposed division of land, showing the existing conditions and the general proposed layouts of streets, lots and other information needed to properly review the proposal. The preliminary plat of a short subdivision may be referred to as a short plat. A preliminary plat shall be prepared by a professional land surveyor registered in the state of Washington. The scale used shall be sufficient to show clearly all details of the proposal. A scale of 50 feet to the inch is preferred; other engineering scales may be used, if necessary. Preliminary plats for formal subdivisions shall not exceed a size of 24 inches by 36 inches. Short plats shall be on an eight-and-one-half-by-11-inch page. The following information shall be shown on the plat: A. The name, if any, of the proposed subdivision; B. Sufficient description to define the location and boundaries of the proposed subdivision; C. Name, address, seal and signature of the land surveyor who prepared the map; D. A vicinity sketch; E. Date prepared or revised, scale, north point, quarter section, section, township and range number; F. Total acreage of the land to be divided, and area in square feet of each proposed lot; G. Existing zoning, and zoning boundaries, if any; H. Lot dimensions and numbers; I. Setback lines required by the existing or proposed zoning, if the proposed lot has an unusual shape, steep topography, or other unusual limitations on its building site; J. Any existing property lines within, or adjacent to, the proposed subdivision, and the names of the owners of adjacent property; K. Contour lines in areas to be developed shall be at five-foot intervals, or as specified by the development services Planning and Development director. Ten-foot intervals may be used in areas not to be developed. All contour lines shall be extended into adjacent property a sufficient distance to show the topographical relationship of adjacent property to the proposed subdivision; L. The location, name and width of all existing and proposed street rights-of-way, or easements within or adjacent to the proposed subdivision, the grade or proposed streets and the pavement location of existing and proposed streets; M. The location of all existing structures within the proposed subdivision and within 25 feet of the proposed subdivision. Public area or areas to be owned in common by the lot owners, if any; N. The location of tree-covered areas, with the location of individual trees over eight inches in diameter in areas as requested by the Planning and Development development services director; O. A preliminary grading plan or profile of proposed roads if more than 500 cubic yards of earth is to be removed; P. A preliminary drainage proposal as specified in Chapter 18.30 ECDC, showing existing and proposed drainage facilities for the site and the adjacent areas; Q. A statement of improvements to be installed; R. The location of known or suspected soil or geological hazard areas, water bodies, creeks and areas subject to flooding; S. Possible future lot lines if any is large enough to allow future division; T. Location of existing underground utility lines, sewer and water mains adjacent to or within the proposed subdivision; U. Other information that may be required by the Planning and Development development services director in order to properly review the proposed subdivision, including information needed to determine the environmental impact of the proposal. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3296 § 1, 2000. Formerly 20.75.055.]. ______________________________________________________________________________ Section 20.75.065 Preliminary Review A. Responsibility for Review. The Planning and Development development services director, or a designated planning staff member, is in charge of administering the preliminary review of all subdivisions. The public works director and the fire department, and other departments if needed, shall participate in preliminary review by appropriate recommendations on subjects within their respective areas of expertise. B. Notice of Hearing. 1. When the director of development services Planning and Development has accepted a subdivision for filing, he shall set a date of hearing, and give notice of the hearing as provided in ECDC 20.03.003, and by the following for a formal subdivision: a. One publication in a newspaper of general circulation within Snohomish County pursuant to Chapter 1.03 ECC and posting notice in three conspicuous places within 300 feet of any portion of the boundary of the proposed formal subdivision not less than 10 working days prior to the hearing. b. Mailing to a city if a proposed formal subdivision is adjacent or within one mile of the city’s boundary, or the proposed subdivision would use the utilities of the city. c. Mailing to the county if a proposed formal subdivision is adjacent to the city-county boundary. d. Mailing to the State Department of Highways if a proposed formal subdivision is adjacent to a state highway right-of-way. e. The notice must include a legal description and either a vicinity location sketch or a location description in nonlegal language. C. Time Limits for Staff Review. Staff review shall be completed within 120 days from the date of filing. D. Formal Subdivision Review. The hearing examiner shall review a formal subdivision as a Type III- A decision in accordance with provisions of Chapter 20.06 ECDC. E. Short Subdivisions – Staff Review. The director of development services Planning and Development shall review a short subdivision as a Type II decision (Staff decision – Notice required). F. Appeal of Staff Decision. Any person may appeal to the hearing examiner a Type II decision of the development services Planning and Development director on a short subdivision under the procedure set forth in Chapter 20.06 ECDC. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3817 § 12, 2010; Ord. 3783 § 12, 2010; Ord. 3775 § 12, 2010; Ord. 3736 § 65, 2009; Ord. 3211 §§ 4, 5, 1998; Ord. 3112 §§ 17, 18, 19, 1996; Ord. 2379 § 2, 1983]. ______________________________________________________________________________ Section 20.75.085.D Review criteria D. Improvements. 1. Improvements which may be required, but are not limited to, streets, curbs, pedestrian walks and bicycle paths, sidewalks, street landscaping, water lines, sewage systems, drainage systems and underground utilities. 2. The person or body approving a subdivision shall determine the improvements necessary to meet the purposes and requirements of this chapter, and the requirements of: a. ECDC Title 18, Public Works Requirements; b. Chapter 19.25 ECDC, Fire Code, as to fire hydrants, water supply and access. This determination shall be based on the recommendations of the Planning and Development development services director, the public works director, and the fire chief. 3. The use of septic systems may be approved if all of the following conditions are met: a. It is more than 200 feet, multiplied by the number of lots in the proposed subdivision, from the nearest public sewer main to the nearest boundary of the land to be divided. b. The land to be divided is zoned RS-20. c. The public works director and city health officer determine that soil, drainage and slope conditions are satisfactory for septic use and that all requirements of WAC 248-96- 090 are met. ______________________________________________________________________________ Section 20.75.110.A Changes. A. Preliminary Plats. The Planning and Development development services director may approve as a Type I decision minor changes to an approved preliminary plat, or its conditions of approval. If the proposal involves additional lots, rearrangements of lots or roads, additional impacts to surrounding property, or other major changes, the proposal shall be reviewed in the same manner as the original application. Application fees shall be as set in Chapter 15.00 ECDC. ______________________________________________________________________________ Section 20.75.130.D Installation of improvements. D. Short Subdivision – Deferred Installation. If the Planning and Development development services director determines that installation of improvements will not be needed at the time of the approval of the final plat of the short subdivision, the improvements shall be installed or guaranteed by bond before issuance of any development permit for any lot shown on the preliminary plat. This condition shall be stated on the final plat, and shall be binding on all later owners of lots created by the subdivision. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. ______________________________________________________________________________ Section 20.75.140.I Final plat – Required certificates. I. Development Services Planning and Development Director. The following statements to be signed by the development services Planning and Development director: 1. A statement that the final plat conforms to the approved preliminary plat and all conditions of the preliminary approval; and approving the final plat or shore subdivision. Section 20.75.155.C Review of final plat C. Staff Review. The director of public works and the Planning and Development development services director shall conduct an administrative review of the final plat and either sign the statements required by ECDC 20.75.140, if all requirements of this chapter have been met, or disapprove such action, stating their reasons in writing. Such administrative action shall be final subject only to right of appeal to the Snohomish County superior court. ______________________________________________________________________________ Section 20.75.160 Final plat – Filing for record. The city clerk shall file the final plat or short plat for record with the county auditor, and arrange for a reproducible copy to be sent to the public works department and the applicant and a paper copy to be sent to the county assessor and the development servicesPlanning and Development Ddepartment. The plat or short plat shall not be considered “approved” until so filed with the county auditor. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. ______________________________________________________________________________ Section 20.100.050 Forest Practices Act moratorium. When the city has been notified by the Washington State Department of Natural Resources (hereinafter DNR) that a violation of the Forest Practices Act has occurred, pursuant to the requirements of RCW 79.09.060, the city, by the director of Planning and Development development services, shall impose a six-year moratorium on that portion of the property or project which has been converted from forest use, as such term is defined by statute or the order of DNR. The moratorium may be conditioned in order to preserve public safety and prevent further environmental damage. ______________________________________________________________________________ Section 23.10.010 Administration authority. The Planning and Development 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]. ______________________________________________________________________________ Section 23.10.080.E Tree replacement. E. Tree Replacement Fee In Lieu. After providing clear documentation to Planning and Development 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. 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), 2021]. ______________________________________________________________________________ Section 23.40.005 Definitions pertaining to critical areas. For the purposes of this chapter and the chapters on the five specific critical area types (Chapters 23.50, 23.60, 23.70, 23.80 and 23.90 ECDC) the following definitions shall apply: “Adjacent” means those activities located on site immediately adjoining a critical area; or distance equal to or less than 225 feet of a development proposal or subject parcel. “Alteration” means any human-induced action which changes the existing condition of a critical area or its buffer. Alterations include, but are not limited to: grading; filling; dredging; draining; channelizing; cutting, pruning, limbing or topping, clearing, relocating or removing vegetation; applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants; paving, construction, application of gravel; modifying for surface water management purposes; or any other human activity that changes the existing landforms, vegetation, hydrology, wildlife or wildlife habitat value of critical areas. Best Available Science. See ECDC 23.40.310. “Best management practices” means a system of practices and management measures that: 1. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, and toxics; 2. Control the movement of sediment and erosion caused by land alteration activities; 3. Minimize adverse impacts to surface and ground water quality, flow, and circulation patterns; and 4. Minimize adverse impacts to the chemical, physical, and biological characteristics of critical areas. “Buffer” means the designated area immediately next to and a part of a steep slope or landslide hazard area and which protects slope stability, attenuation of surface water flows and landslide hazards reasonably necessary to minimize risks to persons or property; or a designated area immediately next to and part of a stream or wetland that is an integral part of the stream or wetland ecosystem. “Chapter” means those sections of this title sharing the same third and fourth digits. “City” means the city of Edmonds. City Council or Council. See ECDC 21.15.030. “Class” or “wetland class” means descriptive categories of wetland vegetation communities within the wetlands taxonomic classification system of the U.S. Fish and Wildlife Service (Cowardin, et al., 1979). “Clearing” means the act of cutting and/or removing vegetation. This definition shall include grubbing vegetation and the use or application of herbicide. “Compensation project” means an action(s) specifically designed to replace project-induced critical area or buffer losses. Compensation project design elements may include, but are not limited to: land acquisition procedures and detailed plans including functional value assessments, detailed landscaping designs, construction drawings, and monitoring and contingency plans. “Compensatory mitigation” means replacing project-induced losses or impacts to a critical area, and includes, but is not limited to, the following: 1. “Creation” means actions performed to intentionally establish a wetland at a site where it did not formerly exist. 2. “Reestablishment” means actions performed to restore processes and functions to an area that was formerly a critical area, where the former critical area was lost by past alterations and activities. 3. “Rehabilitation” means improving or repairing processes and functions to an area that is an existing critical area that is highly degraded because one or more environmental processes supporting the critical area have been disrupted. 4. “Enhancement” means actions performed to improve the condition of existing degraded wetlands so that the functions they provide are of a higher quality. 5. “Preservation” means actions taken to ensure the permanent protection of existing high- quality wetlands. “Creation” means a compensation project performed to intentionally establish a wetland or stream at a site where one did not formerly exist. “Critical areas” for the city of Edmonds means wetlands, critical aquifer recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat conservation areas as defined in Chapters 23.50, 23.60, 23.70, 23.80 and 23.90 ECDC, respectively. “Development proposal” means any activity relating to the use and/or development of land requiring a permit or approval from the city, including, but not limited to: commercial or residential building permit; binding site plan; conditional use permit; franchise; right-of-way permit; grading and clearing permit; mixed use approval; planned residential development; shoreline conditional use permit; shoreline substantial development permit; shoreline variance; short subdivision; special use permit; subdivision; flood hazard permit; unclassified use permit; utility and other use permit; variance; rezone; or any required permit or approval not expressly exempted by this title. “Director” means the city of Edmonds Planning and Development development services director or his/her designee. “Division” means the planning division of the city of Edmonds Planning and Development development services dDepartment. “Enhancement” means an action taken to improve the condition and function of a critical area. In the case of wetland or stream, the term includes a compensation project performed to improve the conditions of an existing degraded wetland or stream to increase its functional value. “Erosion” means the process in which soil particles are mobilized and transported by natural agents such as wind, rain, frost action, or stream flow. Erosion Hazard Areas. See ECDC 23.80.020(A). Fish and Wildlife Habitat Conservation Areas. See Chapter 23.90 ECDC. “Floodplain” means the total area subject to inundation by a “100-year flood.” “100-year flood” means a flood having a one percent chance of being equaled or exceeded in any given year. “Footprint of existing development” or “footprint of development” means the area of a site that contains legally established: buildings; roads, driveways, parking lots, storage areas, walkways or other areas paved with concrete, asphalt or compacted gravel; outdoor swimming pools; patios. Frequently Flooded Areas. See Chapter 23.70 ECDC. “Functions” means the roles served by critical areas including, but not limited to: water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance and attenuation; ground water recharge and discharge; erosion control; wave attenuation; aesthetic value protection; and recreation. These roles are not listed in order of priority. Geologically Hazardous Areas. See Chapter 23.80 ECDC. “Geologist” means a person licensed as a geologist, engineering geologist, or hydrologist in the state of Washington. For geologically hazardous areas, an applicant may choose a geologist or engineering geologist licensed in the state of Washington to assess the potential hazard. “Geotechnical engineer” means a practicing geotechnical/civil engineer licensed as a professional civil engineer in the state of Washington who has at least five years of professional employment as a geotechnical engineer in responsible charge including experience with landslide evaluation. “Grading” means any one or a combination of excavating, filling, or disturbance of that portion of the soil profile which contains decaying organic matter. “Habitats of local importance” means areas that include a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alterations such as cliffs, talus, and wetlands. In urban areas like the city of Edmonds, habitats of local importance include biodiversity areas and corridors, which are characterized by a framework of ecological components which provides the physical conditions necessary for ecosystems and species populations to survive in a human-dominated landscape. “In-lieu fee program” means a program which sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the in-lieu program sponsor, a governmental or nonprofit natural resource management entity. Landslide Hazard Areas. See ECDC 23.80.020(B). “Mitigation” means the use of any or all of the following actions, which are listed in descending order of preference: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps such as project redesign, relocation, or timing to avoid or reduce impacts; 3. Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project; 4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods; 5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action; 6. Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and 7. Monitoring the hazard or other required mitigation and taking remedial action when necessary. “Native vegetation” means vegetation comprised of plant species which are indigenous to the Puget Sound region and which reasonably could have been expected to naturally occur on the site. “Native vegetation” does not include noxious weeds as defined by the state of Washington or federal agencies. “Normal maintenance of vegetation” means removal of shrubs/nonwoody vegetation and trees (less than four-inch diameter at breast height) that occurs at least every other year. Maintenance also may include tree topping that has been previously approved by the city in the past five years. “Noxious weeds” means any plant that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to those plants on the state noxious weed list contained in Chapter 16-750 WAC. “Planning staff” means those employed in the planning division of the city of Edmonds Planning and Development development services dDepartment. “Qualified critical areas consultant” or “qualified professional” means a person who has the qualifications specified below to conduct critical areas studies pursuant to this title, and to make recommendations for critical areas mitigation. For geologically hazardous areas, the qualified critical areas consultant shall be a geologist or engineering geologist licensed in the state of Washington to assess the potential hazard. If development is to take place within a geologically hazardous area, the qualified critical areas consultant developing mitigation plans and design shall be a professional engineer licensed in the state of Washington and familiar with landslide and slope stability mitigation. For wetlands and streams, the qualified critical areas consultant shall be a specialist in botany, fisheries, wetland biology, and/or hydrology with a minimum of five years’ field experience with wetlands and/or streams in the Pacific Northwest. Requirements defining a qualified critical areas consultant or qualified professional are contained within the chapter on each critical area type. “Reasonable economic use(s)” means the minimum use to which a property owner is entitled under applicable state and federal constitutional provisions in order to avoid a taking and/or violation of substantive due process. “Redeveloped land(s)” means those lands on which existing structures are demolished in their entirety to allow for new development. The director shall maintain discretion to determine if the demolition of a majority of existing structures or portions thereof constitute the redevelopment of a property or subject parcel. “Restoration” means the actions necessary to return a stream, wetland or other critical area to a state in which its stability, functions and values approach its unaltered state as closely as possible. For wetlands, restoration as compensatory mitigation may include reestablishment or rehabilitation. Seismic Hazard Areas. See ECDC 23.80.020(C). “Species of local importance” means those species that are of local concern due to their population status, their sensitivity to habitat manipulation, or that are game (hunted) species. (See ECDC 23.90.010(A)(4).) “Storm Water Management Manual” means the storm water manual specified in Chapter 18.30 ECDC. “Streams” means any area where surface waters produce a defined channel or bed which demonstrates clear evidence, such as the sorting of sediments, of the passage of water. The channel or bed need not contain water year-round. This definition is not meant to include irrigation ditches, canals, storm or surface water runoff devices (drainage ditches) or other entirely artificial watercourses unless they are used by salmonids or used to convey streams naturally occurring prior to construction of such watercourse. Streams are further classified into Categories S, F, Np and Ns and fishbearing or nonfishbearing 1, 2 and 3. (See ECDC 23.90.010(A)(1).) “Title” means all chapters of the city of Edmonds Development Code beginning with the digits 23. “Undeveloped land(s)” means land(s) on which manmade structures or land modifications (clearing, grading, etc.) do not exist. The director retains discretion to identify undeveloped land(s) in those instances where historical modifications and structures may have existed on a property or subject parcel in the past. “Wetland functions” means those natural processes performed by wetlands, such as facilitating food chain production; providing habitat for nesting, rearing and resting sites for aquatic, terrestrial or avian species; maintaining the availability and quality of water; acting as recharge and/or discharge areas for ground water aquifers; and moderating surface water and storm water flows. “Wetland mitigation bank” means a site where wetlands are restored, created, enhanced, or in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to similar resources. “Wetlands” means those areas that are inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street or highway. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands if permitted by the city (WAC 365-190-030(22)). Wetlands are further classified into Categories 1, 2, 3 and 4. (See ECDC 23.50.010(B).) [Ord. 4026 § 1 (Att. A), 2016; Ord. 3952 § 1, 2013; Ord. 3931 § 2, 2013; Ord. 3527 § 2, 2004. Formerly 23.40.320]. ______________________________________________________________________________ Section 23.40.010.A Authority. A. As provided herein, the Edmonds Planning and Development development services director or his/her designee (hereafter referred to as “the director”) is given the authority to interpret and apply, and the responsibility to enforce, this title to accomplish the stated purpose. ______________________________________________________________________________ Section 23.40.150 Critical areas decision. The city of Edmonds Planning and Development development services director shall make a decision as to whether the proposed activity and mitigation, if any, is consistent with the provisions of this title. The decision shall be based on the criteria of ECDC 23.40.160, Review criteria, and shall affect and be incorporated within the larger project decision. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. ______________________________________________________________________________ Section 23.40.170 Favorable critical areas decision. If the director determines that the proposed activity meets or is exempt from the criteria in ECDC 23.40.160, Review criteria, and complies with the applicable provisions of this title, the Planning and Development development services director shall prepare a written notice of decision for the applicant and identify any required conditions of approval as part of the larger project decision. The notice of decision and conditions of approval shall be included in the project file and be considered in the next phase of the city’s review of the proposed activity in accordance with any other applicable codes or regulations. Any conditions of approval included in a notice of decision shall be attached to the underlying permit or approval. Any subsequent changes to the conditions of approval shall void the previous decision pending re-review of the proposal and conditions of approval previously set by the director. A favorable decision should not be construed as endorsement or approval of any underlying permit or approval. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. ______________________________________________________________________________ Section 23.50.030.C Special study and report requirements – Wetlands. C. A wetland critical areas report may include one or more of the above three report types, depending on the information required by the director and the extent of potential wetland impacts. The Edmonds Planning and Development development services director maintains the authority and discretion to determine which report(s) alone or combined are sufficient to meet the requirements outlined below and to waive report requirements based upon site conditions and the potential for project impacts. ______________________________________________________________________________ Section 23.70.010 Designation, rating and mapping – Frequently flooded areas. A. Frequently Flooded Areas. Frequently flooded areas shall include: 1. The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report entitled “The Flood Insurance Study (FIS) for Snohomish County, Washington, and Incorporated Areas” dated June 19, 2020, and any revisions thereto, with accompanying flood insurance rate maps (FIRMs), and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The FIS and the FIRM are on file at the Planning and Development development services Ddepartment at 121 5th Avenue North. The best available information for flood hazard area identification as outlined in Section G103.3 shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under Section G103.3. 2. Those areas identified as frequently flooded areas on the city of Edmonds critical areas inventory. Identified frequently flooded areas are consistent with and based upon designation of areas of special flood hazard on FEMA flood insurance maps as indicated above. B. City Discretion and Designation. Flood insurance maps and the city’s critical areas inventory are to be used as a guide for the city of Edmonds Planning and Development development services Ddepartment, project applicants and/or property owners, and the public and should be considered a minimum designation of frequently flooded areas. As flood insurance maps may be continuously updated as areas are reexamined or new areas are identified, newer and more restrictive information for flood hazard area identification shall be the basis for regulation. The city of Edmonds shall retain the right to designate and identify areas known to be prone to flooding outside of the 100-year floodplain and subject them to the provisions and protections of this title and the current editions of the International Residential Code and International Building Code, as adopted in ECDC Title 19. [Ord. 4199 § 2 (Att. B), 2020; Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. ______________________________________________________________________________ Section 23.80.030.B Mapping of geologically hazardous areas. B. The critical areas inventory and the resources cited above are to be used as a guide for the city of Edmonds Planning and Development development services Ddepartment, project applicants and/or property owners and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. ______________________________________________________________________________ Section 23.90.010 Designation, rating and mapping – Fish and wildlife habitat conservation areas. A. Fish and wildlife habitat conservation areas in the city of Edmonds include: 1. Streams. Within the city of Edmonds streams shall include those areas where surface waters produce a defined channel or bed which demonstrates clear evidence, such as the sorting of sediments, of the passage of water. The channel or bed need not contain water year-round. Streams shall be classified in accordance with the Washington Department of Natural Resources water typing system (WAC 222-16-030) hereby adopted in its entirety by reference and summarized as follows: a. Type S: streams inventoried as “shorelines of the state” under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW; b. Type F: streams which contain fish habitat; c. Type Np: perennial nonfish habitat streams; and d. Type Ns: seasonal nonfish habitat streams. All streams included on the inventory that are known to exist within the city of Edmonds do not meet criteria for “shorelines of the state” but contain fish habitat and, thus, meet designation criteria for Type F waters pursuant to WAC 222-16-030. However, not all Edmonds streams support anadromous fish populations or have the potential for anadromous fish occurrence because of obstructions, blockages or access restrictions resulting from existing conditions. Therefore, in order to provide special consideration of and increased protection for anadromous fish in the application of development standards, Edmonds streams shall be further classified as follows: Anadromous fishbearing streams: streams existing in whole or in part within the city of Edmonds in which anadromous fish are known to occur. As of 2004, Edmonds fishbearing streams are known to include Willow Creek, Shellabarger Creek, Shell Creek, Hindley Creek, Perrinville Creek, and Lunds Creek; and Nonanadromous fishbearing streams: streams existing in whole or in part within the city of Edmonds which do not support anadromous fish populations and do not have the potential for anadromous fish occurrence because of barriers to fish passage or lack of suitable habitat. Streams with anadromous fish occurrence were identified in the Edmonds Stream Inventory and Assessment, a 2002 report of Pentec Environmental which is incorporated by this reference as if herein set forth. The city of Edmonds advocates and encourages the removal of barriers to anadromous fish passage consistent with the purposes and objectives of this title. The director may provide updated information on the occurrence of anadromous fish in Edmonds streams consistent with changes in existing environmental conditions. 2. Areas with Which State or Federally Designated Endangered, Threatened, and Sensitive Species Have a Primary Association, or Offer Important Fish and Wildlife Habitat within the Urban Environment. a. Federally designated endangered and threatened species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service and the NOAA Fisheries that are in danger of extinction or threatened to become endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service should be consulted for current listing status. b. State-designated endangered, threatened, and sensitive species are those fish and wildlife species native to the state of Washington identified by the Washington Department of Fish and Wildlife, that are in danger of extinction, threatened to become endangered, vulnerable, or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. State-designated endangered, threatened, and sensitive species are periodically recorded in WAC 232-12-014 (state endangered species) and WAC 232-12- 011 (state threatened and sensitive species). The State Department of Fish and Wildlife maintains the most current listing and should be consulted for current listing status. 3. State Priority Habitats and Areas Associated with State Priority Species. Priority habitats and species are considered to be priorities for conservation and management. Priority species require protective measures for their perpetuation due to their population status, sensitivity to habitat alteration, and/or recreational, commercial, or tribal importance. Priority habitats are those habitat types or elements with unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element. Priority habitats and species are identified by the State Department of Fish and Wildlife. 4. Habitats and Species of Local Importance. Habitats and species of local importance are those identified by the city of Edmonds, including but not limited to those habitats and species that, due to their population status or sensitivity to habitat manipulation, warrant protection. Habitats may include a seasonal range or habitat element with which a species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. 5. Commercial and Recreational Shellfish Areas. These areas include all public and private tidelands or bedlands suitable for shellfish harvest, including shellfish protection districts established pursuant to Chapter 90.72 RCW. 6. Kelp and eelgrass beds and herring and smelt spawning areas. 7. Naturally Occurring Ponds Under 20 Acres. Naturally occurring ponds are those ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in order to mitigate impacts to ponds. Naturally occurring ponds do not include ponds deliberately designed and created from dry sites, such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds, and landscape amenities, unless such artificial ponds were intentionally created for mitigation. 8. Waters of the State. Waters of the state include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington, as classified in WAC 222-16-031 (or WAC 222-16-030, depending on classification used). B. All areas within the city of Edmonds meeting one or more of these criteria, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this title and shall be managed consistent with the best available science, such as the Washington Department of Fish and Wildlife’s Management Recommendations for Priority Habitat and Species. C. Mapping. The approximate location and extent of fish and wildlife habitat conservation areas are shown on the city of Edmonds critical areas inventory. Resources providing information on the location and extent of fish and wildlife habitat conservation areas incorporated into the inventory include: 1. Washington Department of Fish and Wildlife priority habitat and species maps; 2. Washington State Department of Natural Resources official water type reference maps, as amended; 3. Washington State Department of Natural Resources Puget Sound intertidal habitat inventory maps; 4. Washington State Department of Natural Resources shorezone inventory; 5. Washington State Department of Natural Resources Natural Heritage Program mapping data; 6. Washington State Department of Health annual inventory of shellfish harvest areas; 7. Anadromous and resident salmonid distribution maps contained in the habitat limiting factors reports published by the Washington Conservation Commission; and 8. Washington State Department of Natural Resources state natural area preserves and natural resource conservation area maps. The critical areas inventory and the resources cited above are to be used as a guide for the city of Edmonds Planning and Development development services Ddepartment, project applicants, and/or property owners and should be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical areas designation. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. ______________________________________________________________________________