Ordinance 4302ORDINANCE NO. 4302
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING TON,
AMENDING DEVELOPMENT REGULATIONS AND RELATED
PROCEDURES FOR CG ZONED PROPERTIES THAT ARE
ADJACENT OR ACROSS THE STREET FROM RS ZONED
PROPERTIES AND REPEALING INTERIM ORDINANCE 4283
WHEREAS, the City Council adopted emergency interim Ordinance 4283 on December
10,2022;and
WHEREAS, Ordinance 4283 added an ADB design review process for certain projects in
the General Commercial (CG) zone as well as additional building step back requirements in
certain situations; and
WHEREAS, Ordinance 4283 amended the development standards for the CG zone that
were originally adopted in August 2017 via Ordinance 4078; and
WHEREAS, prior to Ordinance 4283, the Council had adopted a separate interim
ordinance (Ordinance 4278) in October 2022, which contained required step back language; and
WHEREAS, Ordinance 4278 was ultimately repealed, but the concept ofrequiring step
backs for buildings across the street from RS zones was carried forward as part of Ordinance
4283, which also added the ADB review process; and
WHEREAS, the Planning Board and ADB spent several meetings discussing potential
language for a permanent ordinance to replace interim Ordinance 4283, the dates of which are set
forth in the agenda memo that accompanies this ordinance; and
WHEREAS, after deliberating various options on April 26, 2023, the Planning Board
unanimously approved a motion to recommend an option that would:
I. Remove step back requirements for buildings in the CG zone at/under 55'
in height that are adjacent or across the street from RS zones;
2. For buildings over 55' in height adjacent or across the street from RS
zones, maintain the IO' step back requirement at 25' of building height and increase the
step back requirement (from 20' to 30') at 55' of building height; while removing the
discretion to remove this requirement; and
3. Eliminate ADB review of CG projects adjacent to or across the street from
RS zones, and instead require Type II-A review, which includes public notice and public
comments; and
WHEREAS, on May 2, 2023, the Council reviewed and discussed the Planning Board's
recommendation for permanent language to replace interim Ordinance 4283; and
WHEREAS, on May 16, 2023, the Council held the required public hearing for the Type
V code amendment and discussed whether the public notice mailing requirements should be
expanded for projects that are adjacent to or across the street from RS zones; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 16.60 ECDC, entitled "CG -GENERAL COMMERCIAL
ZONE," is hereby amended to read as shown on Attachment A hereto (new text is shown in
underline; deleted text is shown in strilcethr01:1gh).
Section 2. Section 20.01.003 ECDC, entitled "Permit type and decision framework,"
is hereby amended to read as shown on Attachment A hereto (new text is shown in underline;
deleted text is shown in strikethrough).
Section 3. Section 20.03.002 ECDC, entitled "Notice of application," is hereby
amended to read as shown on Attachment A hereto (new text is shown in underline; deleted text
is shown in strikethrough).
Section 4. Chapter 20.12 ECDC, entitled "DISTRICT-BASED DESIGN REVIEW,"
is hereby amended to read as shown on Attachment A hereto (new text is shown in underline;
deleted text is shown in strikethrough).
Section 5. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 6. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
2
ATTEST/AUTHENTICATED:
di:~ASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY~
JEFFTARADAY -
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DA TE:
ORDINANCE NO.
APPROVED:
May 19, 2023
May 23, 2023
May 26, 2023
May 31, 2023
4302
3
SUMMARY OF ORDINANCE NO. 4302
of the City of Edmonds, Washington
On the 23 rd day of May, 2023, the City Council of the City of Edmonds, passed Ordinance No .
4302. A summary of the content of said ordinance, consisting of the title , provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING TON,
AMENDING DEVELOPMENT REGULATIONS AND RELATED
PROCEDURES FOR CG ZONED PROPER TIES THAT ARE
ADJACENT OR ACROSS THE STREET FROM RS ZONED
PROPERTIES AND REPEALING INTERIM ORDINANCE 4283
The full text of this Ordinance will be mailed upon request.
DATED this 23 rd day of May, 2023.
~ASSEY
4
ATTACHMENT A
Chapter 16.60
CG -GENERAL COMMERCIAL ZONE
Sections:
16.60.000 CG zone.
16.60 .005 Purposes.
16.60.010 Uses .
16.60.015 Location standards for sexually oriented businesses.
16.60.020 Site development standards -Genera l.
16.60.030 Site develo ment standards -Desi n .
16.60.040 Operating restrictions.
16.60.000 CG zone.
A. This chapter establishes the general commercial zoning district.
B. Definitions. For purposes of this chapter, the following definitions apply:
1. "Amenity space" means outdoor space for uses that are considered to provide an
amenity or benefit to people.
2. "Auto sales use" means facilities for the commercial sale of motor vehicles, including
buildings and areas typically associated with auto sales use, such as areas for the display
and storage of automobiles that are sold or serviced as part of the overall auto sales use.
3. "Frontage" means the front part of a property or building adjacent to a street.
4. "Primary frontage" (or "primary street frontage") means the frontage for a property that
is adjacent to only one street or, for a property that is adjacent to more than one street,
the frontage that is adjacent to the street that is considered primary over any other
streets to which the property is adjacent.
5. "Step -back" means the upper portion of a building that is required to be set (or
stepped) further back than the minimum setback otherwise required by
ECDC 16.60.020 (A).
C. Where this chapter conflicts with any other, this chapter shall prevail for the general
commercial district. [Ord. 4078 § 1 (Exh. 1 ), 2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3635 § 1,
2007].
ATTACHMENT A
16.60.005 Purposes.
The CG zone has the following specific purposes in addition to the general purposes for
business and commercial zones listed in Chapter 16.40 ECDC:
A. Encourage economic vitality through businesses, investment, redevelopment, and efficient
use of land;
B. Encourage safe and comfortable access for pedestrians, transit, and motorists;
C. Encourage attractive mixed-use development, affordable housing, and a variety of
commercial uses; and
D. Recognize the district's evolving identity and sense of place, including distinctions between
different parts of the district, and be sensitive to adjacent residential zones. [Ord. 4078 § 1 (Exh.
1 ), 2017; Ord . 3981 § 1 (Att. A), 2014; Ord. 3635 § 1, 2007).
16.60.010 Uses.
A. Permitted Primary Uses.
1. All permitted or conditional uses in any other zone in this title, except as specifically
prohibited by subsection (C) of this section or limited by subsections (B) and (D) of this
section ;
2. Halfway houses;
3. Sexually oriented businesses, which shall comply with the location standards set forth
in ECDC 16.60.015, the development regulations set forth in Chapter 17.50 ECDC, and the
licensing regulations set forth in Chapter 4.52 ECC.
B. Permitted Secondary Uses.
1. Off-street parking and loading areas to serve a permitted use .
2. Indoor storage facilities that either comprise less than 40 percent of a permitted
primary use of the building in which they are located or are in a separate accessory
building or buildings comprising less than 40 percent of the total leasable building space
used for the parcel's permitted primary use(s).
3. Outdoor storage areas that are integral to a permitted primary use, such as storage or
display areas for automobile sales, building materials or building supply sales, or
ATTACHMENT A
garden/nursery sales; provided, that such outdoor uses are screened from adjacent
residential zoning districts.
C. Prohibited Uses .
1. Mobile home parks.
2. Storage facilities or outdoor storage areas intended as a primary use, not secondary to
a permitted use . Automobile wrecking yards, junk yards, or businesses primarily devoted
to storage or mini storage are examples of this type of prohibited use.
D. Uses Requiring a Conditional Use Permit.
1. Aircraft landings as regulated by Chapter 4.80 ECC. [Ord. 4078 § 1 (Exh . 1 ), 2017; Ord .
3981 § 1 (Att. A), 2014; Ord. 3635 § 1, 2007].
16.60.015 Location standards for sexually oriented businesses.
All sexually oriented businesses shall comply with the requirements of this section, the
development regulations set forth in Chapter 17.50 ECDC, and Chapter 4.52 ECC. The standards
established in this section shall not be construed to restrict or prohibit the following activities or
products: (1) expressive dance; (2) plays, operas, musicals, or other dramatic works; (3) classes,
seminars, or lectures conducted for a scientific or educational purpose; (4) printed materials or
visual representations intended for educational or scientific purposes; (5) nudity within a locker
room or other similar facility used for changing clothing in connection with athletic or exercise
activities; (6) nudity within a hospital, clinic, or other similar medical facility for health-related
purposes; and (7) all movies and videos that are rated G, PG, PG-13, R, and NC-17 by the Motion
Picture Association of America.
A. Separation Requirements. A sexually oriented business shall only be allowed to locate where
specifically permitted and only if the following separation requirements are met:
1. No sexually oriented business shall be located closer than 300 feet to any of the
following protected zones, whether such protected zone is located within or outside the
city limits:
a. A residential zone as defined in Chapter 16.10 ECDC ;
b. A public use zone as defined in Chapter 16.80 ECDC.
2. No sexually oriented business shall be located closer than 300 feet to any of the
following protected uses, whether such protected use is located within or outside the city
limits:
ATTACHMENT A
a. A public park;
b. A public library;
c. A nursery school or preschool;
d. A public or private primary or secondary school;
e. A church, temple, mosque, synagogue, or other similar facility used primarily for
religious worship;
f. A community center such as an amusement park, public swimming pool, public
playground, or other facility of similar size and scope used primarily by children and
families for recreational or entertainment purposes;
g. A permitted residential use located in a commercial zone;
h. A museum; and
i. A public hospital or hospital district.
3. No sexually oriented business shall be located closer than 500 feet to any bar or tavern
within or outside the city limits.
B. Measurement. The separation requirements shall be measured by following a straight line
from the nearest boundary line of a protected zone specified in subsection (A) of this section or
nearest physical point of the structure housing a protected use specified in subsection (A) of
this section to the nearest physical point of the tenant space occupied by a sexually oriented
business.
C. Variance from Separation Requirements. Variances may be granted from the separation
requirements in subsection (A) of this section if the applicant demonstrates that the following
criteria are met
1. The natural physical features of the land would result in an effective separation
between the proposed sexually oriented business and the protected zone or use in terms
of visibility and access;
2. The proposed sexually oriented business complies with the goals and policies of the
community development code;
3. The proposed sexually oriented business is otherwise compatible with adjacent and
surrounding land uses;
ATTACHMENT A
4. There is a lack of alternative locations for the proposed sexually oriented business; and
5. The applicant has proposed conditions which would minimize the adverse secondary
effects of the proposed sexually oriented business.
D. Application of Separation Requirements to Existing Sexually Oriented Businesses. The
separation requirements of this section shall not apply to a sexually oriented business once it
has located within the city in accordance with the requirements of this section. [Ord. 4078 § 1
(Exh. 1 ), 2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3635 § 1, 2007].
16.60.020 Site development standards -General.
A. Table. Except as hereinafter provided, development requirements shall be as follows:
Minimum
Minimum Lot Minimum Lot Minimum Side/Rear Maximum Maximum
Area Width Street Setback Setback Height Floor Area
CG None None S'/10'2 0'/15'1 75'' None
' Fifteen feet from all lot lines adjacent to RM or RS zoned property; otherwise no setback is required by this
subsection.
2 The five-foot minimum width applies only to permitted outdoor auto sales use; otherwise the minimum is 1 O
feet.
• None for structures located within an area designated as a high-rise node on the comprehensive plan map.
B. Maximum height for purposes of this chapter need not include railings, chimneys,
mechanical equipment or other exterior building appurtenances that do not provide interior
livable space. In no case shall building appurtenances together comprise more than 20 percent
of the building surface area above the maximum height.
C. Pedestrian Area .
1. For purposes of this chapter, the pedestrian area described herein is the area adjacent
to the street that encompasses the public right-of-way from the edge of the curb (or, if no
curb, from the edge of pavement) and the street setback area, as identified in the table in
subsection (A) of this section.
2. The pedestrian area is composed of three zones: the activity zone, the pedestrian zone,
and the streetscape zone. Providing improvements to the pedestrian area, as needed to
be consistent with this subsection on at least the primary street, is required as part of
development projects, excluding development that would not add a new building or that
consists of building improvements that do not add floor area equaling more than 10
percent of the building's existing floor area or that consists of additional parking stalls
ATTACHMENT A
that comprise less than 10 percent of the existing parking stalls or that consists of
development otherwise exempted under this chapter.
a. Activity Zone. The activity zone shall be the open-air pedestrian area from the
building front to the edge of the pedestrian zone. The activity zone is the section of
the pedestrian area that is reserved for activities that commonly occur immediately
adjacent to the building facade. Typical amenities or activities included in the activity
zone include, but are not limited to, sidewalks, benches, potted plants, outdoor
dining and shopping. The area shall be paved to connect with the pedestrian zone in
an ADA-accessible manner. Stairs, stoops and raised decks or porches may be
constructed in a portion of the activity zone.
b. Pedestrian Zone. The pedestrian zone is located between the activity zone and the
streetscape zone. The pedestrian zone consists of a minimum five-foot clear and
unobstructed path for safe and efficient through traffic for pedestrians. Architectural
projections and outdoor dining may be permitted to encroach into the pedestrian
zone only where a minimum five-foot clear path and seven-foot vertical clearance is
maintained within the pedestrian zone.
c. Streetscape Zone. The streetscape zone is located between the curb or pavement
edge to the edge of the pedestrian zone and shall be a minimum of five feet wide.
The streetscape zone is the section that is reserved for pedestrian use and for
amenities and facilities that commonly occur between the adjacent curb or
pavement edge and pedestrian through traffic. Typical amenities and facilities in the
streetscape zone include, but are not limited to, street trees, street lights, benches,
bus stops, and bike racks. Street trees shall be required in conformance with the
Edmonds Street Tree Plan.
ATTACHMENT A
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Nore: Numerical Ranges far rhe Pedestrian Zone and the Acrivity Zane are
typical bur do not control over other requirements of this chapter.
(Illustration: Pedestrian area)
D. Building Step-Back When Adjacent to or Directly A cross the Street from RS Zones.
1. The portion of the buildings above 25 feet in height shall step back no less than 1 O feet
from the r equired setback to an adjacent to or directly across the street from an RS zone.
That portion of the building over 55 feet in height shall be step back no less than 20 feet
from the required setback to an adjacent to or directly across the street from an RS zon e.
These requirements app ly un less deemed notto be necessary pursuant to a desiga
f€¥i.ew by the Architectura l Des ign Board according to ECOC~
1. Fo r build ings greater than 55 feet in height. the portion of the bui lding a bove 25 feet
must step back no less than 10 feet from the required setback adjacent to o r directly
across the street from an RS zone. That p o rtion of the b u i lding over 55 feet in height
must step back no less than 30 feet from the required setback ad jacent to or di r ectly
across the street from an RS zone .
2. Balconies, railings, parapets and similar features that do not enclose an interior space
may extend into the step-back area in order to encourage more human activity and
architectural features.
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ATTACHMENT A
~ ,--------------------------·-··-----------------------------······--·
-j---·-----------------·---·-·-----------·-----· CG ZONE 55' BUILDING
(NO STEPBACKS REQUIRED)
i i --+-------·------------------·---·--·-------·----·-·-~--; CG ZONE 7~' BU ILDING
i ($TEP8ACKS REQUIR ED) S
10· STEPBACK @ 25'
30' STEPBACK@ 55'
ATTACHMENT A
li--~l...-11. ( ---;----r===
7
,a
(lllustration.s_: Setback and "step-back" of building adjacent to or across the street from
RS zones)
[Ord. 4078 § 1 (Exh.1}, 2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3635 § 1, 2007].
16.60.030 Site development standards -Design.
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.
ATTACHMENT A
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 1 O 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 Ill planting and a grille that is 25 percent opaque; or
iii. Grille 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 :
ATTACHMENT A
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 director may approve a different ratio for the vehicle
parking required by the standards of subsection (8)(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 lnstitute'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;
ATTACHMENT A
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 1 00 feet.
9. Bonus for Parking Below or Above Ground Floor .
ATTACHMENT A
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 (C)(1) and (2) of this section; provided, that an exceptions process,
pursuant to subsection (C)(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.
ATTACHMENT A
1. Pedestrian-Oriented Design Area. Unless otherwise permitted under subsection (C)(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 facade 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 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 (C)(1) of this section may be allowed by the
Planning and Development 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 department. 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.
ATTACHMENT A
a. Building Placement. For any new building permitted on a property after August 1,
2017, a minimum of 50 percent of the building's facade 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 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.
Bu•IJlnlil facade lad ng
pr1m.-y51feet~allb8
Pede5trbn "'1Wi111<1.t loc:al9d wilhin GO leet of
ll'l eflunt J)fopeftyline
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e. Required amenity spaces, under subsection (C)(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 (C)(1) or (2) of this section may be allowed by the hearing
examiner under a Type 111:A decision process to provide for design flexibility that still
encourages pedestrian orientation and efficient land uses when the following criteria are
met:
ATTACHMENT A
a. The property is located within 300 feet of a highway i nterchange 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
ATTACHMENT A
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
{C) 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.
ATTACHMENT A
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
activit i es inside and outside the building, 50 percent of the build i ng 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 build i ngs on the site; provided, that the requirements of
subsection (D)(2)(e) of this section shall apply.
■ SO% Min Tran sparency (may inc1udc al
wind~ end gla~ doors. but not mirrored
finishes]
ATTACHMENT A
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.
ATTACHMENT A
xiii. An architectural element not listed above that is approved by the director to
meet the intent of this subsection. [Ord. 4277 § 2 (E x h. 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].
16.60.040 Operating restrictions.
A. Enclosed Building . All uses shall be carried on entirely within a completely enclosed building,
except the following:
1. Public utilities;
2. Off street parking and loading areas ;
3. Drive-in business;
4. Secondary uses permitted under ECDC 16.60.01 0(B);
5. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC ;
6. Public markets; provided, that when located next to a single -family residential zone, the
market shall be entirely within a completely enclosed building;
7. Outdoor dining meeting the criteria of Chapter 17.75 ECDC;
8. Motorized and nonmotorized mobile vending units meeting the criteria of
Chapter 4 .12 ECC.
B. Interim Use Status -Public Markets. Unless a public market is identified on a business license
as a year-round market within the city of Edmonds, a premises licensed as a public market shall
be considered a temporary use. As a temporary activity, any signs or structures used in
accordance with the market do not require design review. When a location is utilized for a
business use in addition to a public market, the public market use shall not decrease the
required available parking for the other business use below the standards established in this
chapter.
C. Ongoing Uses.
1. Audio equipment at drive-through facilities shall not be audible off site.
2. Development subject to the standards of this chapter shall continue to meet the
standards of this chapter except as specifically permitted otherwise. [Ord. 4078 § 1 (Exh .
ATTACHMENT A
1 ), 2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3932 § 8, 2013; Ord. 3902 § 5, 2012; Ord. 3635
§ 1, 2007).
20.01.003 Permit type and decision framework.
A. Permit Types.
TYPEI TYPE II-A TYPE 11-B TYPE Ill-A TYPE 111-B TYPE IV TYPEV
Zoning Accessory Contingent Outdoor dining Essential Site specific
compliance dwelling unit critical area public rezone
letter review facilities
Lot line Formal Shoreline Technological Development Zoning text
adjustment interpretation substantial impracticality agreements amendment;
of the text of development waiver for area-wide
the ECDC by the permit, where amateur radio zoning map
director public hearing antennas amendments
not required
per
ECDC 24.80.100
Critical area SEPA Critical area Comprehensive
determinations determinations variance plan
amendments
Shoreline Preliminary Contingent Conditional Annexations
exemptions short plat critical area use
review if public permits
hearing (where
requested public
hearing by
hearing
examiner
is required)
Minor Land Shoreline Variances Development
amendments to clearing/grading substantial regulations
planned development
residential permit, where
development public hearing
is required per
ECDC 24 .80.1 00
Minor Revisions to Shoreline
preliminary plat shoreline conditional use
amendment management
permits
ATTACHMENT A
TYPEI TYPE II-A TYPE 11-B TYPE Ill-A TYPE 111-B TYPE IV TYPEV
Staff design Administrative Shoreline
review, including variances variance
signs
Final short plat Land use Design review
permit (where public
extension hearing by
requests architectural
design board is
required)
Sales Guest house Preliminary
office/model formal plat
(ECDC 17.70.005)
Final formal Innocent Preliminary
plats purchaser planned
determination residential
development
Final planned Staff design_
residential rev i~w QU rsu!:!nt
development to ECDC
20 .12 .010 .8.2
B. Decision Table.
PROCEDURE FOR DEVELOPMENT PROJECT PERMIT APPLICATIONS (TYPE I LEGISLATIVE -IV)
TYPE! TYPE II-A TYPE 11-B TYPE Ill-A TYPE 111-B TYPE IV TYPEV
Recommendation N/A N/A N/A N/A N/A Planning board Planning board
by :
Final decision by: Director Director Director Hearing Hearing City council City council
examiner/ADS examiner
Notice of No Yes Yes Yes Yes Yes No
application :
Open record No Only if (1) If Yes, before Yes, Yes, before Yes, before
public hearing or appealed, director hearing before planning board planning board
open record open decision examiner or hearing which makes which makes
appeal of a final record is board to examiner recommendation recommendation
decision : hearing appealed, render final or board to council to council or
before open decision to render council could
hearing record final hold its own
exam i ner hearing decision hearing
before
ATTACHMENT A
PROCEDURE FOR DEVELOPMENT PROJECT PERMIT APPLICATIONS (TYPE I LEGISLATIVE -IV)
TYPEI TYPE II-A TYPE 11-B TYPE Ill-A TYPE 111-B TYPE IV TYPEV
hearing
examiner
(2) If
converted
to Type
Ill-A
process
Closed record No No No No Yes, Yes, before the
review: before council
the
council
Judicial appeal: Yes Yes Yes Yes Yes Yes Yes
Chapter 20.03
PUBLIC NOTICE REQUIREMENTS
20.03.002 Notice of application.
A. Generally. A notice of application shall be provided by the director to the public, all city
departments and agencies with jurisdiction of all Type 11, Ill and IV development project permit
applications in accordance with this chapter. The notice of application for these permits shall
also be provided to the public by posting, publishing and mailing.
B. Issuance of Notice of Application .
1. A notice of application shall be issued within 14 days after the city has made a
determination of completeness pursuant to ECDC 20.02.003 .
2. If any open record predecision hearing is required for the requested development
project permit(s), the notice of application shall be provided at least 15 days prior to the
open record hearing.
C. Contents. The notice of application shall include the following information in a format
determined by the director:
ATTACHMENT A
1. The date of submission of the initial application, the date of the notice of completion
and acceptance of the application, and the date of the notice of application;
2. A description of the proposed project and a list of the development project permits
requested in the application and, if applicable, a list of any studies requested under
Chapter 36.70B RCW;
3. A description of other required permits not included in the application, to the extent
known by the city at that time;
4. A description of existing environmental documents that evaluate the proposed project,
and, if not otherwise stated on the document providing notice of application, the location
where the application and any studies can be reviewed;
5. A statement setting forth: (a) the time for the public comment period, which shall be
not less than 14 days following the date of notice of application; (b) the right of any
person to comment on the application, receive notice of and participate in any hearings,
and request a copy of the decision on the application; and (c) any appeal rights;
6. The date, time, place and type of hearing, if a hearing has been scheduled when the
date of notice of application is issued. For Type 11-B processes, the notice shall provide
information regarding the process for requesting a public hearing in accordance with the
applicable Type 11 -B permit application;
7. Any other information determined appropriate by the director such as the director's
threshold determination, if complete at the time of issuance of the notice of application.
D. Mailed Notice. Notice of application shall be mailed to:
1. The owners of the property involved if different from applicant; and
2. The owners of real property within 300 feet of the boundaries of the property(ies)
involved in the application (t he dista nc e is extended to 500 feet for Type II -A design review
app l icat ions in the Genera l Commercial zon e). Addresses for a mailed notice required by
this code shall be obtained from the applicable county's real property tax records. The
adjacent property owners list must be current to within six months of the date of initial
application.
3. Type Ill Preliminary Plat Actions. In addition to the above, requirements for mailed
notice of filing for preliminary plats and proposed subdivisions shall also include the
following:
ATTACHMENT A
a. Notice of the filing of a preliminary plat adjacent to or within one mile of the
municipal boundaries of any city or town, or which contemplates the use of any city
or town utilities shall be given to the appropriate city or town authorities;
b . Notice of the filing of a preliminary plat of a proposed subdivision adjoining the
boundaries of Snohomish County shall be given to the appropriate county officials;
c. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent
to the right-of-way of a state highway shall be given to the Secretary of
Transportation;
4. For a plat alteration or a plat vacation, notice shall be as provided in
RCW 58.17.080 and 58 .17.090 .
All mailed public notices shall be deemed to have been received on the next business day
following the day that the notice is deposited in the mail.
E. Published Notice. Notice of application shall be published in the city's official newspaper (The
Everett Herald, as identified in Chapter 1.03 ECC). The format shall be determined by the
director and the notice must contain the information listed in subsection (C) of this section.
F. Posting. Posting of the property for site specific proposals shall consist of one or more notice
boards as follows:
1. A single notice board shall be placed :
a. At the midpoint of the street fronting the site or as otherwise directed by the
director for maximum visibility;
b. Five feet inside the street property line, except when the board is structurally
attached to an existing building; provided, that no notice board shall be placed more
than five feet from the street without approval of the director;
c. So that the bottom of the notice board is between two and four feet above grade;
and
d. Where it is completely visible to pedestrians.
e. The size of the notice board shall be determined by the director.
2. Additional notice boards may be required when:
a. The site does not abut a public road;
ATTACHMENT A
b. A large site abuts more than one public road; or
c. The director determines that additional notice boards are necessary to provide
adequate public notice.
3. Notice boards shall be:
a. Maintained in good condition during the notice period;
b. In place at least 14 days prior to the date of any hearing, and at least 14 days prior
to the end of any required comment period;
c. Removed within 30 days of the date of the project decision, unless the decision is
appealed. If the project decision is appealed, the sign must be removed 30 days after
the appeal decision is issued.
4. Removal of the notice board prior to the end of the notice period shall be cause for
discontinuance of the department review until the notice board is replaced and remains
in place for the specified time period.
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 Planning and Development department 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 or personally delivered. Comments should
be as specific as possible.
Sections:
Chapter 20.12
DISTRICT-BASED DESIGN REVIEW
20 .12.005 Outline of process and statement of intent.
20.12 .010 Applicability .
20.12.020 Design review by the architectural design board.
20 .12.030 Design review by city staff.
20.12 .070 Design guidel ines . criteria and checklist.
20 .12.080 .O.ppeals .
20.12 .090 Lapse of approva l.
ATTACHMENT A
20.12.005 Outline of process and statement of intent.
The architectural design board (ADB) process has been developed in order to provide for public
and design professional input prior to the expense incurred by a developer in preparation of
detailed design. In combination, Chapter 20.1 0 ECDC and this chapter are intended to permit
public and ADB input at an early point in the process while providing greater assurance to a
developer that his general project design has been approved before the final significant
expense of detailed project design is incurred. In general, the process is as follows:
A. Public Hearing (Phase 1 ). The applicant shall submit a preliminary conceptual design to the
city. Staff shall schedule the first phase of the ADB hearing within 30 days of staff's
determination that the application is complete. Upon receipt, staff shall provide full notice of a
public hearing, noting that the public hearing shall be conducted in two phases. The entire
single public hearing on the conceptual design shall be on the record. At the initial phase, the
applicant shall present facts which describe in detail the tract of land to be developed noting all
significant characteristics. The ADB shall make factual findings regarding the particular
characteristics of the property and shall prioritize the design guideline checklist based upon
these facts, the provisions of the city's design guideline elements of the comprehensive plan
and the Edmonds Community Development Code. Following establishment of the design
guideline checklist, the public hearing shall be continued to a date certain requested by the
applicant, not to exceed 120 days from the meeting date. The 120-day city review period
required by RCW 36.70B.080 commences with the application for Phase 1 of the public hearing.
The 120-day time period is suspended, however, while the applicant further develops their
application for Phase 2 of the public hearing. This suspension is based upon the finding of the
city council, pursuant to RCW 36 .70B.080, that additional time is required to process this project
type. The city has no control over the length of time needed or taken by an applicant to
complete its application.
B. Continued Public Hearing (Public Hearing, Phase 2). The purpose of the continuance is to
permit the applicant to design or redesign his initial conceptual design to address the input of
the public and the ADB by complying with the prioritized design guideline checklist criteria.
When the applicant has completed his design or redesign, he shall submit that design for final
review. The matter shall be set for the next available regular ADB meeting date. If the applicant
fails to submit his or her design within 180 days, the staff shall report the matter to the ADB
who shall note that the applicant has failed to comply with the requirements of the code and
find that the original design checklist criteria approval is void. The applicant may reapply at any
time. Such reapplication shall establish a new 120-day review period and establish a new
vesting date.
C. After completing the hearing process, the final detailed design shall be presented to the city
in conjunction with the applicable building permit application. The city staff's decision on the
building permit shall be a ministerial act applying the specific conditions or requirements set
forth in the AD B's approval, but only those requirements. A staff decision on the building permit
ATTACHMENT A
shall be final and appealable only as provided in the Land Use Petition Act. No other internal
appeal of the staff's ministerial decisions on the building permit is allowed.
D. The pro cess is schematical ly represented by the fo llowing flow chart:
Design Review for Major Projects
Proposed New RevJew Process
~pll>III
De$1gn I I
t L_r-'--;~--L -i.-.,
I .. ----
1
~:,,----... I
I I
I I 1 __________________ _
[Ord. 3636 § 3, 2007).
20.12.010 Applicability.
P,apoct -
-..-
A Downt own Business (BD} zones. The architectural design board (ADB) shall review all
proposed developments in the Downtown Business (BD) zones that require a threshold
determination under the State Environmental Policy Act (SEPA) using the process set forth in
ECDC 20.12.020 . All other developments in the Downtown Business zones may be approved by
staff as a Type I decision using the process set forth in ECDC 20.12.030 . When design review is
required by the ADB under ECDC 20.12.020, the application shall be processed as a Type Ill-A
decision.
B. General Co mm ercial (CG) zone. In t h e Gen era l Co m me r cia l CCGl zone. Dd esign review by the
architectural design board is required for any project that includes buildings exceeding 7535
feet in height as identified in ECDC 16 .60 .020. regard less of 1Nhether a SEP/I, thresho ld
determination is requ ired .. Projects not exceeding this height may be revievved by staff as a
Type I decision. Regardless of what review process is r equired, all projects proposed in the CG
zone must meet the design standards contained In this section .
B. General Commercia l (CG) zone. I n the General Com m ercial zone. the applicab le design
rev iew process depends o n th e sit e an d projea-specific situation:
ATTACHMENT A
1. Des ign review by the Architect ura l Design Board is requ i r ed for any project t hat
inc ludes buildings excee di ng 75 feet i n he igh t as identified in ECDC 16 .60.020.
2. If t he proiect site is adjace nt t o or across the street from the RS zone and an
a p p l icat ion contains a bu ilding grea t er than 35 feet in height. staff reviews t he project and
issues a Type II-A decision. Specific mai led notice requirements are provide d i n ECDC
20.03 .002.D .2.
~3. Staff completes all o t her p r oject design reviews as a Type I deci sion.
4 . Pre-Application Ne ighborhood Meeting. For proposa ls subject t o a Type II-A or Type
Ill -A r ev iew process. the a pplicant shall host a publi c p r e-ap p llcation neighborhood
meeti ng t o d iscuss and rece ive pu b l ic comment on t he conce ptua l proposa l. Th e
app lican t shall provide notice of t his meet ing to a ll p roperty owners and residents
(including tenants of individual units within multifamily residential bu i ldings) w ithi n
500 feet of the su bje ct site by depos iting written notice in t he U.S. Mail pos ta ge paid at
least 14 cale nd ar days in advance of the meeting to a ll persons and ent ities shown as
hav ing an ownership interest in the land records of Snohomish County. An affidavit of
ma i l ing sha ll be prov ided to the city by the ap p l icant attach ing its mai l ing l ist.
+.-Whi le thi s meeting w i ll allow immediate public res p onse to t h e proposal in it s
concep tu al form. comments subm itted during this meeti ng are not bind i ng to the
ap p lican t or staff. However. staff may make general recommendations to the
applica nt as part of t h e fo r ma l ap p lica t ion based on t he i nput from this meeting to the
extent that said comments are co nsis te nt with the adopted provisions of the Edmo nds
Community Development Code and th e co mprehensive p lan . As a courtesy, the
applicant sha ll provide summary minutes of the meeting ta all of those in attendance
wi t h i n t wo weeks of the date of the meeting.
[Ord. 4154 § 15 (Att. D), 2019; Ord. 3736 § 42, 2009; Ord. 3636 § 3, 2007].
20.12.020 Design review by the architectural design board.
A. Public Hearing -Phase 1. Phase 1 of the public hearing shali be scheduled with the
architectural design board (ADB) as a public meeting. Notice of the meeting shall be provided
according to the requirements of ECDC 20.03.003 . This notice may be combined with the formal
notice of application required under ECDC 20.03.002 , as appropriate.
1. The purpose of Phase 1 of the public hearing is for the ADB to identify the relative
importance of design criteria that will apply to the project proposal during the subsequent
design review. The basic criteria to be evaluated are listed on the design guidelines
checklist contained within the design guidelines and this chapter. The ADB shall utilize the
ATTACHMENT A
urban design guidelines and standards contained in the relevant city zoning
classification(s), any relevant district-specific design objectives contained in the
comprehensive plan, and the relevant portions of this chapter and Chapter 20 .13 ECDC, to
identify the relative importance of design criteria; no new, additional criteria shall be
incorporated, whether proposed in light of the specific characteristics of a particular tract
of land or on an ad hoc basis.
2. Prior to scheduling Phase 1 of the public hearing, the applicant shall submit information
necessary to identify the scope and context of the proposed development, including any
site plans, diagrams, and/or elevations sufficient to summarize the character of the
project, its site, and neighboring property information. At a minimum, an applicant shall
submit the following information for consideration during Phase 1 of the public hearing:
a. Vicinity plan showing all significant physical structures and environmentally critical
areas within a 200-foot radius of the site including, but not limited to, surrounding
building outlines, streets, driveways, sidewalks, bus stops, and land use. Aerial
photographs may be used to develop this information.
b. Conceptual site plan(s) showing topography (minimum two-foot intervals), general
location of building(s), areas devoted to parking, streets and access, existing open
space and vegetation. All concepts being considered for the property should be
submitted to assist the ADB in defining all pertinent issues applicable to the site.
c. Three-dimensional sketches, photo simulations, or elevations that depict the
volume of the proposed structure in relation to the surrounding buildings and
improvements.
3. During Phase 1 of the public hearing, the applicant shall be afforded an opportunity to
present information on the proposed project. The public shall also be invited to address
which design guidelines checklist criteria from ECDC 20.12.070 they feel are pertinent to
the project. The Phase 1 meeting shall be considered to be a public hearing and
information presented or discussed during the meeting shall be recorded as part of the
hearing record.
4. Prior to the close of Phase 1 of the public hearing, the ADB shall identify the specific
design guidelines checklist criteria -and their relative importance -that will be applied to
the project during the project's subsequent design review. In submitting an application for
design review approval under this chapter, the applicant shall be responsible for
identifying how the proposed project meets the specific criteria identified by the ADB
during Phase 1 of the public hearing.
5. Following establishment of the design guidelines checklist, the public hearing shall be
continued to a date certain , not exceeding 120 days from the date of Phase 1 of the public
hearing. The continuance is intended to provide the applicant with sufficient time to
ATTACHMENT A
prepare the material requ i red for Phase 1 of the public hearing, including any design or
redesign needed to add r ess the input of the public and ADB during Phase 1 of the public
hearing by complying with the prioritized checklist.
6. Because Phase 1 of the public hearing is only the first part of a two-part public hearing,
there can be no appeal of the design decision until Phase 2 of the public hearing has been
completed and a final decision rendered.
B. Continued Public Hearing -Phase 2.
1. An applicant for Phase 2 design review shall submit information sufficient to evaluate
how the project meets the criteria identified by the ADB during Phase 1 of the public
hearing described in subsection (A) of this section. At a minimum, an applicant shall
submit the following information for consideration during Phase 2 of the public hearing:
a. Conceptual site plan showing topography (minimum two-foot intervals), general
layout of building, parking, streets and access, and proposed open space.
b. Conceptual landscape plan, showing locations of planting areas identifying
landscape types, including general plant species and characteristics.
c. Conceptual utility plan, showing access to and areas reserved for water, sewer,
storm, electrical power, and fire connections and/or hydrants.
d . Conceptual building elevations for all building faces illustrating building massing
and openings, materials and colors, and roof forms. A three-d imensional model may
be substituted for the building elevation(s).
e. If more than one development concept is being considered for the property, the
submissions should be developed to clearly identify the development options being
considered .
f. An annotated checklist demonstrating how the project complies with the specific
criteria identified by the ADB .
g. Optional: generalized building floor plans may be provided.
2. Staff shall prepare a report summarizing the project and providing any comments or
recommendations regarding the annotated checklist provided by the applicant under
subsection (8)(1 )(f) of this section, as appropriate. The report shall be mailed to the
applicant and ADB at least one week prior to the public hearing.
3. Phase 2 of the public hearing shall be conducted by the ADB as a continuation of the
Phase 1 public hearing. Notice of the meeting shall be provided according to the
ATTACHMENT A
requirements of Chapter 20.03 ECDC. During Phase 2 of the public hearing, the ADB shall
review the application and identify any conditions that the proposal must meet prior to
the issuance of any permit or approval by the city. When conducting this review, the ADB
shall enter the following findings prior to issuing its decision on the proposal:
a. Zoning Ordinance. The proposal meets the bulk and use requirements of the
zoning ordinance, or a variance or modification has been approved under the terms
of this code for any duration. The finding of the staff that a proposal meets the bulk
and use requirements of the zoning ordinance shall be given substantial deference
and may be overcome by clear and convincing evidence.
b. Design Objectives. The proposal meets the relevant district-specific design
objectives contained in the comprehensive plan.
c. Design Criteria. The proposal satisfies the specific checklist criteria identified by the
ADB during Phase 1 of the public hearing under subsection (A) of this section. When
conducting its review, the ADB shall not add or impose conditions based on new,
additional criteria proposed in light of the specific characteristics of a particular tract
of land or on an ad hoc basis .
4. Project Consolidation. Projects may be consolidated in accordance with
RCW 36.70B.11 O and the terms of the Edmonds Community Development Code .
C. Effect of the Decision of the ADB. The decision of the ADB described in subsection (B) of this
section shall be used by staff to determine if a project complies with the requirements of these
chapters during staff review of any subsequent applications for permits or approvals. The
staff's determination shall be purely ministerial in nature and no discretion is granted to deviate
from the requirements imposed by the ADB and the Edmonds Community Development Code.
The staff process shall be akin to and administered in conjunction with building permit
approval, as applicable. Written notice shall be provided to any party of record (as developed in
Phases 1 and 2 of the public hearing) who formally requests notice as to:
1. Receipt of plans in a building permit application or application for property
development as defined in ECDC 20.10.020 , and
2. Approval, conditioned approval or denial by staff of the building permit or development
approval. [Ord. 3817 § 10, 201 O; Ord. 3736 §§ 43, 44, 2009; Ord. 3636 § 3, 2007].
20.12.030 Design review by city staff.
A. Optional Pre-Application Meeting. At the option of the applicant, a pre-application meeting
may be scheduled with city staff. The purpose of the meeting is to provide preliminary staff
comments on a proposed development to assist the applicant in preparing an application for
ATTACHMENT A
development approval. Submission requirements and rules of procedure for this optional pre-
application meeting shall be adopted by city staff consistent with the purposes of this chapter.
B. Application and Staff Decision.
1. An applicant for design review shall submit information sufficient to evaluate how the
project meets the criteria applicable to the project. Staff shall develop a checklist of
submission requirements and review criteria necessary to support this intent. When
design review is intended to accompany and be part of an application for another permit
or approval, such as a building permit, the submission requirements and design review
may be completed as part of the associated permit process.
2. In reviewing an application for design review, staff shall review the project checklist and
evaluate whether the project has addressed each of the applicable design criteria. Staff
shall enter the following findings prior to issuing a decision on the proposal:
a. Zoning Ordinance. That the proposal meets the bulk and use requirements of the
zoning ordinance, including the guidelines and standards contained in the relevant
zoning classification(s).
b. Design Guidelines. That the proposal meets the relevant district-specific design
objectives contained in the comprehensive plan.
When conducting its review, city staff shall not add or impose conditions based on new,
additional criteria proposed in light of the specific characteristics of a particular tract of
land or on an ad hoc basis. [Ord. 3636 § 3, 2007).
I 20.12.070 Design guidelines, criteria and checklist.
A. In conducting its review, the ADB shall use the design guidelines and design review checklist
as contemporaneously adopted in the design guidelines.
B. Additional Criteria . Design review shall reference the specific criteria adopted for each area
or district.
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).
ATTACHMENT A
2. Criteria to be used in design review for the general commercial (CG and CG2 ) zone s
located within the medical/Highway 99 activity center or the Highway 99 corridor as
shown on the city of Edmonds comprehensive plan map include the following:
a. Design standards contained in Chapter 16.60 ECDC for the general commercial
zones.
b. Policies contained in the specific section of the comprehensive plan addressing the
medical/Highway 99 activity center and Highway 99 corridor. [Ord. 3636 § 3, 2007].
20.12 .080 Appeals.
A. Design revi ew dec isions by t he ,A,D B pursuant to ffDC 20 .12.020(6) are ap p ealable to
supe r ior court in accordance wi t h Chapter 36 .70C ROV . Th ese ar e rhe only decisions by t he
ADB In this chapter that are ap p ea la ble .
~ design review-decisions of t he hea r i ng examiner are appeala b le t o supe r ior court iA-
accord ance vvith Chapter 36.70C RCW .
C. De sign r eview decislo~y staff under the provisions of ECDC 20 .12 .030 are only appea lab le
to the ex te nt t ha t t h e appl icab le bu i ld i ng permi t or developmen t appro1,,a l is an appea lable
decision under the provisions of the ECDC. Desig n r eview by st aff is not in itself an a p pea-1-a-b-1-e-
dec ision . [Ord . 41 Sil § 17 (Att . D), 2019; Or d. 3736 § 45, 2009; Ord . 3636 § 3, 200~
20.12.090 Lapse of approval.
A. Time Limit. Unless the owner submits a fully completed building permit application
necessary to bring about the approved alterations, or, if no building permit application is
required, substantially commences the use allowed within 18 months from the date of
approval, ADB or hearing examiner approval shall expire and be null and void, unless the
owner files a fully completed application for an extension of time prior to the expiration date .
For the purposes of this section, the date of approval shall be the date on which the AD B's or
hearing examiner's minutes or other method of conveying the final written decision of the ADB
or hearing examiner as adopted are mailed to the applicant. In the event of appeal, the date of
approval shall be the date on which a final decision is entered by the city council or court of
competent jurisdiction.
B. Time Extension.
1. Application. The applicant may apply for a one-time extension of up to one year by
submitting a letter, prior to the date that approval lapses, to the planning division along
with any other supplemental documentation which the planning manager may require,
ATTACHMENT A
which demonstrates that he/she is making substantial progress relative to the conditions
adopted by the ADB or hearing examiner and that circumstances are beyond his/her
control preventing timely compliance. In the event of an appeal, the one-year extension
shall commence from the date a final decision is entered in favor of such extension.
2. Fee. The applicant shall include with the letter of request such fee as is established by
ordinance. No application shall be complete unless accompanied by the required fee.
3. Review of Extension Application. An application for an extension shall be reviewed by
the planning official as a Type I decision (Staff decision -No notice required). [Ord. 3736
§ 46, 2009; Ord. 3636 § 3, 2007].