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11-0775 Plan Review Comments #2.pdfCITY OF F.DMONDS - 121 5"' AVENUE NoRni m EDMONDS, WA 98020 DEVELOPMENT DEPARTMENT: PLANNING ® BUILDING EVc�x�cl PHONE: 425.771.0220 FAX: 425.771.0221 WEB: ,,.. December 2, 2011 Eric Thuesen ericthuesen@frontier.com RE: PLAN REVIEW COMMENTS #2 FOR PLAN CHECK # 2011-0775 ACCESSORY STRUCTURE (CABANA) AT 509 9TH AVENUE NORTH Dear Eric, I have again reviewed the above building permit application for the Planning Division. Before I can sign off on the permit, however, the following information needs to be further clarified in a written response: Review #1— September 23, 2011 Review #2 — December 2, 2011 1. 9123111 continent - Critical Areas: The critical area checklist associated with the address (CRA-2001-0067) identified the presence of steep slopes on the subject site. The 2004 critical areas code update describes these geologically hazardous areas as possible erosion hazard areas (slopes between 15% and 40%) and landslide hazards (slopes in excess of 40%). As proposed, the accessory structure would project out over the upper portion of a steep slope identified as a possible landslide hazard. The critical areas code requires that applicants attempt to avoid and minimize impacts to critical areas. ECDC 23.40.120.A (Mitigation sequencing) states: Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas. Further, ECDC 23.40.120.13 states: When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in the fbllowing sequential 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 @ using appropriate technology or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts; 3. Recti4ng the impact to wetlands, fi,equently flooded areas, and fish and wildlife 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 engineering or other methods; S. 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 ivetlands, frequently flooded areas, and fish and N,ildlrfe habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and/or 7. Monitoring the hazard or other required mitigation and taking remedial action when necessary. From the location of the proposed accessory structure within an area of steep slopes (and within a required setback), it does not appear as if the above process was considered. For example, moving the structures closer toward the existing house (away from the slope) would reduce the impact to the hazard and then also satisfy the required zoning setbacks (see 44 below). Regardless of where the accessory structure is located, however, a geotechnical report must be submitted. This report must review the criteria listed above and the criteria for development in or near geological hazards identified in ECDC 23.80.060 and .070, and must contain the elements listed ECDC 23.80.050 and 23.40.090. The report must be prepared by a qualified professional (ECDC 23.80.050.A) and is subject to independent review according to ECDC 23.40.090.13, as appropriate. City review of the proposal includes the criteria in ECDC 23.40.160. 12/2/11 comment — Thank you for providing a response to the above correction request. However, the cabana is being proposed under the critical area requirements of ECDC 23.40, not old ECDC 20.15B. Mr. Bruce could update the existing report to include reference to the new code and this specific project (accessory structure/grading/retaining wall in a critical area regulated in ECDC 23.80) or start anew. Either way, a report from a qualified professional is required for this project as noted previously. 9123111 comment - Site Plan: The site plan submitted is not accurately scaled. Use a survey or the approved development plan from the associated short plat (S-07-76) as a base map and show the proposed improvements on that. 12/2/11 comment — Please submit a site plan that is accurately scaled (see Engineering's comments to the same effect). The scale is close to 1:20 but not accurate. 3. 9123111 comment - Datum Point: Label the datum point and its elevation on the updated site plan. 12/2/11 comment — The narrative received 11 /22/11 describes the datum point as being at 149' but it is not labeled on the site plan. 4. 9123111 comment - Setbacks: The proposed spiral staircase is shown encroaching into the south side setback (10'). No structures may be located within a required property line setback with the exception of those identified in ECDC 16.20.040 and ECDC 21.90.150. 12/2/11 comment — The steps on the proposed cabana still encroach into the south side setback. Per ECDC 16.20.040.C: "Uncovered and unenclosed porches, steps, patios, and decks may project into a required setback not more than one-third of the required setback, or four feet; whichever is less; provided, that they are no more than 30 inches above ground level at any point." In this case, the steps could encroach 3.33 feet (1/3 of 10 feet). Please note the distance of the proposed encroachment on the revised site plan. 5. ok All referenced code sections are available at the following website: r��ar��6 gpi;.�ga..1 ,. � r �_u��; c� �nc�1�� M� 1 � r'.,.,,.. . Please submit three copies of your updated site plan (one being reduced size of 11 x17 or smaller) and two sets of any updated sheets of the building plans. Please make all submittals to a Permit Coordinator, Monday through Friday, 8:00 am to 4:30 pm. If you have any questions, please contact me at (425) 771-0220. Sincerely, w Mike Clugston, AICP Associate Planner