CUT-03-165 staff decision and attachments.pdfC'I'TY OF EDMONDS
121 - 5TH AVENUE NORTH, EDMONDS, WA 98020
PLANNING DIVISI®N
ADVISORY REPORT
FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS
To: File ##CU -2003-16
From:
Ste lock
Senior Planner
Date: DECEMBER 20, 2003
File: CU -2003-165
TABLE OF CONTENTS
Section Page
I. INTRODUCTION.........................................................................................................................................1
A,
APPLICATION..........................................................................................................................................1
B.
DESCRIPTION OF PROPOSAL....................................................................................................................2
C.
DECISION................................................................................................................................................2
II. FINDINGS
OF FACT AND CONCLUSIONS............................................................................................2
A.
SITE DESCRIPTION..................................................................................................................................2
B.
EDMONDS COMMUNITY DEVELOPMENTCODE (ECDC) COMPLIANCE...................................................3
C.
EDMONDS COMPREHENSIVE PLAN COMPLIANCE....................................................................................4
D.
TECHNICAL COMMITTEE.........................................................................................................................4
E.
PUBLIC COMMENTS................................................................................................................................4
III. RECONSIDERATION AND APPEALS.....................................................................................................4
A.
REQUEST FOR RECONSIDERATION...........................................................................................................4
B.
APPEALS.................................................................................................................................................4
C.
Ti MELim ITS FOR RECONSIDERATION AND APPEALS ...............................................................................4
IV. LAPSE OF APPROVAL...............................................................................................................................4
V. ATTACHMENTS..........................................................................................................................................5
VLPARTIES OF RECORD...............................................................................................................................5
A. Application
1. Applicant: Diana Clay
2. Site Location: 7316 164°i St. SW.
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3. Request: A Conditional Use Permit to consider allowing the removal of trees on private
property.
4. Review Process: Conditional Use Permit with an optional public hearing followed by a staff
decision.
Major Issues:
a. Compliance with Edmonds Community Development Code (ECDC) Section 18.45
(LAND CLEARING AND TREE CUTTING).
b. Compliance with Edmonds Community Development Code (ECDC) Section 20.95
(APPLICATION AND STAFF REVIEW).
c. Compliance with the City of Edmonds Comprehensive Plan (particularly VEGETATION
AND WILDLIFE).
B. Description of Proposal
The subject property is a large single family lot, approximately 150,000 sq ft, with an abundance
of native vegetation especially north and west of the single family home. The applicant is
proposing to remove prune and remove trees that are located on the steep slope to the west of their
home in response to their Geotechnical Engineer's recommendation.
C. Decision
Based on statements of Fact, Conclusions, and Attachments in this report, the application for a
Conditional Use Permit for tree removal is APPROVED with the following conditions:
The applicant must comply with any conditions of the Geotechnical Engineer's report.
A. Site Description
1. Site Development, Neighboring Development, And Zoning:
a) Facts:
(1) Size: The subject property is roughly 150,000 sq, ft. in area (see Attachments 1 & 3).
(2) Land Use: The property is currently developed with a single family home and the
associated landscaping.
(3) Zoning: The zoning of the subject property is Single -Family Residential (RS -20)
(see Attachment 1).
(4) Terrain and Vegetation: The subject property generally slopes down from the east
with a very steep slope on the far west side of the property. North and west of the
home is primarily native trees and vegetation, while a more typical ornamental
landscape is surrounding the home.
2. Surrounding Development and Zoning:
a) Facts:
(1) North South East and West: All the surrounding properties are zoned with an RS
zoning classification (see Attachment 1).
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B. Edmonds Community Development Code (ECDC) Compliance
1. ECDC Section 18.45 (Land Clearing and Tree Cutting)
a) Facts:
(1) ECDC Chapter 18.45 requires a permit for the removal of trees unless an exemption
applies. No exemptions apply in this case and a permit is being processed.
(2) Some of the purposes of ECDC Section 18.45,000.A -M state a desire to:
(a) To promote the public health, safety, and general welfare of the citizens of
Edmonds by preserving the physical and aesthetic character of the city through
the prevention of indiscriminate removal or destruction of trees and ground
cover on undeveloped or partially developed property;
(b) To implement the policies of the State Environmental Policy Act of 1971 as
revised in 1984;
(c) To implement and further the goals and policies of the city's comprehensive plan
in regard to the environment, open space, wildlife habitat, vegetation, resources,
surface drainage, watershed, and economics;
(d) To ensure prompt development, restoration and replanting and effective erosion
control of property during and after land clearing;
(e) To promote land development practices that result in a minimal adverse
disturbance to existing vegetation and soils within the city;
(f) To minimize surface water and ground water runoff and diversion;
(g) To aid in the stabilization of soil, and to minimize erosion and sedimentation;
(h) To minimize the need for additional storm drainage facilities caused by the
destabilization of soils;
(i) To retain clusters of trees for the abatement of noise and for wind protection;
Q) To acknowledge that trees and ground cover reduce air pollution by producing
pure oxygen from carbon dioxide;
(k) To preserve and enhance wildlife and habitat including streams, riparian
corridors, wetlands and groves of trees;
(1) To promote building and site planning practices that are consistent with the
city's natural topographic and vegetation features while recognizing that certain
factors such as condition (e.g., disease, danger of falling, etc.1 proximity to
existing and proposed structures and improvement, interference with utility
services, and the realization of a reasonable enjoyment of property may require
the removal of certain trees and ground cover;
(m) To promote the reasonable development of land in the city of Edmonds.
(3) The performance standards for land development permits are given in ECDC Section
18.45.050.
(4) The site will continue to have many trees even after the pruning and removal of some
of these trees.
(5) The subject permit application is the result of a violation and stop work order.
b) Staff Analysis:
(1) Tree removal has already occurred and re -sprouting makes it difficult to even find the
stumps in and among all the other trees and understory that is on this property. Staff
sees no need for additional or replacement planting.
c) Conclusion:
(1) The proposed tree clearing plan is justified and no replanting plan is needed.
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File No. CU -03-165
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(2) In the future, the applicant should contact the City prior to any tree clearing to
determine if permits are needed.
C. Edmonds Comprehensive Plan Compliance
1. Land Use
a) Fact: The City of Edmonds Comprehensive Plan designates the subject property
"Single Family" residential.
b) Conclusion: The proposed tree cutting is compatible with the single family residential
use designation.
D. Technical Committee
No comments were received
E. Public Comments
No comments were received
III. RECONSIDERATION AND APPEALS
The following is a summary of the deadlines and procedures for filing reconsideration's and appeals. Any
person wishing to file or respond to a recommendation or appeal should contact the Planning Department
for further procedural information.
A. Request for Reconsideration
Section 20.95.050.B.2 allows for staff to reconsider their decision if a written request is filed
within ten (10) working days of the date of the posting of the notice of the decision.
B. Appeals
Section 20.105.020.A & B describe how appeals of a staff decision or recommendation shall be
made. The appeal shall be made in writing, and shall include the decision being appealedalong
with the name of the project and the date of the decision, the name of the individual or group
appealing the decision, their interest in the matter, and reasons why the appellant believes the
decision to be wrong. The appeal must be filed with the Community Development Director within
fourteen (14) calendar days after the date of the decision being appealed.
C. Time Limits for Reconsideration and Appeals
The time limits for Reconsideration's and Appeals run concurrently. If a request for a
reconsideration is filed before the time limit for filing an appeal has expired, the time "clock" for
filing an appeal is stopped until a decision on the reconsideration request is completed. Once the
Hearing Examiner has issued his decision on the reconsideration request, the time clock for filing
an appeal continued for the point it was stopped. For example, if a request is filed on day 5 of the
appeal period, an individual would have 9 more days in which to file an appeal after the Hearing
Examiner issues his decision on the reconsideration request.
Section 18.45.045.C. states "Any permit granted under the provisions of this section shall expire one year
from the date of issuance. No work may commence on the permit until the appeal time limit ha expired.
Upon receipt of a written request, a permit may be extended for six months."
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V. ATTACHMENTS
1. Site Plan
2. Geotechnical report/letter dated October 14, 2003
3. Geotechnical report/letter dated July 8, 2003
VI. PARTIES OF RECORD
Applicant Engineering Division
Planning Division
03165sr.doc / December 20, 2003 / Staff Report
Cornerstone • Ave.Woodinville, 1 98072
Phone: .......
iIJ �
fto Geotechnical,
October 14, 2003
Ms. Diana Clay
Clay Enterprises
2002 — 196"' Street SW
Lynnwood, WA 98036
Geotechnical Evaluation Letter
Civil Violation — Clay Residence
Edmonds, Washington
CG File No. 1004
Dear Ms. Clay:
This letter presents our response to the Notice of Civil Violation, issued October 7, 2003, by the City of
Edmonds. The residence is located at 7316 - 164`x' Street SW in Edmonds, Washington. You have asked
us to provide our geotechnical opinions about the resulting exposed soils along with recommendations for
temporary erosion control.
Introduction and Brief Site History
We have been involved in the development of your project for many years. We have recently issued a
letter addressing the planned landscaping to the west of the residence "new garden area", dated May 23,
2003; and a letter providing our geotechnical opinions about the steep slope and the risk -reduction
benefits of the planned tree pruning, dated July 8, 2003.
Site Conditions
We arrived at the site on October 8, 2003 to evaluate the geotechnical conditions. We observed the
following conditions:
Many of the trees to the west and northwest of the "new garden area" have been pruned, topped,
or cut. The stumps, along with the surrounding underbrush, have been left in place. We did not
observe significant disturbance to the steep slopes.
Geotechnical Evaluation Letter
Civil Violation — Clay Residence
October 14, 2003
CG File No. 1004
Page 2
➢ The area to the west of the garden has been prepared for landscaping. The grade of this area is
similar to that shown in Figure 1 of our May 23, 2003 Letter. We understand that you plan to
place topsoil and grass -covered sod over the exposed soil between the planter and the top of the
slope as a temporary erosion control measure. The area between the planter and the top of the
slope has not been significantly altered since the day of our last site visit performed on July 2,
3003.
➢ A short path, northwest of the planter area, was created by the excavator during the tree pruning,
topping, or cutting. Slight soil disturbance was done by the excavator tracks. To improve the
track exposed surface, you have placed biodegradable jute netting on a hydroseeded surface.
➢ A minor amount of fill had been placed at the southwest corner of the planter area to allow
passage for the excavator. This fill extends slightly into the right-of-way easement. The access
area to the northwest of the planter has been hydroseeded and substantially covered with
biodegradable erosion control netting.
➢ A new roadway barrier has been constructed at the right-of-way easement.
It is our opinion that the landscaping should be completed immediately to allow the plants to grow before
the dormant winter months. We recommend that the topsoil and sod be placed west of the garden area as
soon as possible.
From a geotechnical standpoint, the pruning, topping or cutting of the trees located on the steep slope has
reduced the slope stability risk posed by falling or leaning trees. The mulch, limbs, and underbrush left in
place will help reduce slope erosion. The track disturbed area of the steep slope is currently adequate with
the existing hydroseed and the jute netting. No cut and fill restoration is warranted. We recommend that
continued monitoring and maintenance be completed until it is established.
Geotechnical Evaluation Letter
Civil Violation — Clay Residence
October 14, 2003
CG File No. 1004
Page 3
We recommend that the minor amount of fill placed within the right-of-way easement be removed, thus
restoring the easement to its previous condition. After the grass sod has been placed west of the garden,
any remaining spots of exposed soil should be hydroseeded and covered with the biodegradable netting
material until final landscaping has been established. We also recommend that the planned final
landscaping be placed as soon as practicable.
Of great importance to the long-term stability of the slope is the control of surface and near -surface water,
and erosion protection. The planned topsoil and grass sod should be placed in a manner that directs
surface water away from the steep slope. We also recommend that you monitor the vegetation and
perform minor repairs and maintenance.
It is our opinion that a significant amount of "grading" has not been completed since our July 2, 2003
letter. The minor amounts of soil disturbance (fill and/or cut) were the result of construction access with
the excavator. These areas have been or will be repaired.
M
Geotechnical Evaluation Letter
Civil Violation — Clay Residence
October 14, 2003
CG File No. 1004
Page 4
We hope this letter meets with your needs at this time. If there are any questions concerning this letter or
if we can provide additional services, please call.
Sincerely,
Cornerstone Geotechnical, Inc.
Jeff Lau,,b
P,roj of s
Rick B. Powell, PE
Principal
95MMIDITIM
Three Copies Submitted
� ornerstone Geotechnical, Inc—.
Cornerstone 17625 -130th Ave. NE, C102, Woodinville, WA 98072
Phone: 425844-1977
Fax: 425-844-1987
GeotechnicalW:P, Inc.
July 8, 2003
Ms. Diana Clay
Clay Enterprises
2002-196 1h Street SW
Lynnwood, WA 98036
Geotechnical Evaluation Letter
Tree Pruning, Topping or Cutting — Clay Residence
Edmonds, Washington
CG File No. 1004
Dear Ms. Clay:
This letter presents our evaluation and recommendations to prune, top or cut various trees
downslope of the west side of your residence. The residence is located at 7316 - 164t" Street SW
in Edmonds, Washington. You have asked us to provide our geotechnical opinions about the
steep slope and the effects of the planned tree pruning.
Introduction and Brief Site History
Site development included grading for a new access roadway and construction of two residential
structures. You currently occupy the westernmost of the two residential structures. We, as
Nelson-Couvrette & Associates, Inc. (NCA), issued a geotechnical engineering report for the
project, dated January 19, 1996; a supplemental evaluation for the access roadway, dated May 7,
1998; and a supplemental letter for the grading west of your driveway, dated August 20, 1999.
NCA monitored the earthwork phase of construction on a part-time basis and the observations
and recommendations are documented in 26 field reports, dated between May 6, 1999 and
December- 17, 1999. We also prepared two letters regarding the pruning, topping, or cutting of
trees along the west- and north -facing slopes at the site, dated August 19, 1999, and October 25,
1999.
Geotechnical Evaluation Letter
Tree Pruning, Topping or Cutting — Clay Residence
July 8, 2003
CG File No. 1004
Page 2
We, as Cornerstone Geotechnical, Inc., prepared a completion letter for your residence, dated
September 5, 2001, and a letter addressing the planned landscaping to the west of the residence,
dated May 23, 2003.
Site Conditions
We arrived at the site on July 2, 2003, and walked the slopes to view the trees in question. The
trees we evaluated are on the slope to the west of your residence and range from very small up to
approximately 1 or 2 feet in diameter. These predominantly deciduous trees are scattered at
various points downslope of the steepest portion of the west -facing slope. The geometries of the
slope and a site plan are provided in our original geotechnical report. In a few cases, the
deciduous trees appear to be bent and growing in a deformed fashion on the steep slope. We do
not expect that the deformation of the trees is due to slope movement, but from natural growth on
steep slopes. The slope is also heavily vegetated with berry vines and brush.
CONCLUSIONS AND RECOMMENDATIONS
It is our opinion that trees located on steep slopes have the tendency to fall during high
windstorms. The trees that fall have the potential to be uprooted, and the surrounding soil
becomes disturbed. This condition has caused a number of shallow slide events in the Puget
Sound area during past storm events. Trees most susceptible to high winds are the older
deciduous trees. When trees fall, they sometimes act as a "trigger mechanism" to start shallow
slide events. Cutting the trees and leaving the root bundle and stump in-place may reduce the
triggering mechanism that can cause surficial sloughing along the slope.
From a geotechnical standpoint, pruning, topping or cutting of the trees located on the steep slope
can be performed, provided the City allows this and certain precautions are taken. We
recommend that the root bundle/stump of felled trees be left in place. The timber portion of the
trees should be removed from the steep slopes. Pruned material from trees could be placed on the
slope or ground into mulch. The mulched limbs should be spread over the slope in a thin layer.
The mulch or limbs will help reduce slope erosion. Any disturbed areas should be immediately
restabilized through vegetation planting or other approved means.
NITIUMIN M,
Geotechnical Evaluation Letter
Tree Pinning, Topping or Cutting — Clay Residence
July 8, 2003
CG File No. 1004
Page 3
Of great importance to the long-term stability of the slope, is the control of surface and near -
surface water, and erosion protection. Surface drainage over the slope should not be permitted.
We hope this letter meets with your needs at this time. If there are any questions concerning this
letter or if we can provide additional services, please call.
Sincerely,
Cornerstone Geotechnical, Inc.
(� M
A:
Jeff Laub
Project Geologist
,Ap .rip
Rick B. Powell, PE
Principal
JPL:RBP:nt
Three Copies Submitted