Incomplete PLN-2010-0064.pdfCATY OF EDMONDS GARY HAAKENSON
MAYOR
121 5TH AVENUE NORTH ® EDMONDS, WA 98020 a 425-771-0220 • FAX 425-771-0221
Website: www.ci.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT
September 27, 2010
Scott Schrieber
761 Daley Street
Edmonds, WA 98020
Subject: Letter of Incompleteness and request for additional information for a post -event tree
cutting permit on property located at 18007 Vista Del Mar Drive (PLN -2010-0064)
NON -PERMITTED TREE REMOVAL—NOTICE INTENT TO IMPOSE CIVIL
PENALTIES
Dear Mr. Schrieber,
The City of Edmonds has reviewed your application for a post -event tree cutting permit for
completeness pursuant to Edmonds Community Development Code (ECDC) 20.02.002. It has
been determined that the application does not meet the procedural submission requirements of
ECDC 20.02.003 and is therefore incomplete. The following information must be submitted
before a determination of completeness can be made:
Fee. Since this project is the result of a violation (COD -2010-0210), permit fees will be
assessed at five times the regular rate resulting in a total fee of $2,865.00 ($2,850.00 +
$15.00 records fee). Please remit the remainder of the review fee – $2,280.00 – at the time of
resubmission.
2. Applicant's statement. Please submit a cover letter indicating how the application addresses
all applicable standards, requirements and criteria in the development regulations (ECDC
18.45 and 23.40). This statement must include a description of exactly what work was done
including a description of the size and type of all trees that were cut or removed. [ECDC
20.02.002.E]
3. Adjacent property owners list. This project requires public notice including notification of
neighbors within 300' of your parcel: see Handout P2
(http://www,ci.edmonds.wa.us/Public Handouts/Planning/P2-APO.pdf)
4. Site plan. Two large format copies and one reduced size (11" x 17" or smaller), scaled as
appropriate to show the following:
a) Location and type of all existing trees and vegetation and what was removed
b) Topography and all critical areas and buffers
Incorporated August N, 1890
Sister City - Hekinan, Japan
c) Location of existing structures, driveways and utilities
Restoration plan and schedule. Per ECDC 23.40.220.C.7.b, submit a plan produced by a
landscape architect or certified arborist indicating where replacement trees will be located, a
schedule for their installation, and a cost estimate for the work. Trees removed must be
replaced two to one. Replacement trees may be planted at a different, nearby location if it
can be determined that planting in the same location would create a new hazard or potentially
damage the critical area. Replacement trees shall be species that are native and indigenous to
the site and a minimum of one inch in diameter at breast height (dbh) for deciduous trees and
a minimum of six feet in height for evergreen trees as measured from the top of the root ball.
Please provide this information on or before Monday, October 11, 2010.
The City will continue with review of the application when the above response is received.
If any additional cutting or removal is anticipated at this point, please also submit an arborist
report consistent with ECDC 23.40.220.C.7.b, which states:
b. The removal of trees from critical areas and buffers that are hazardous, posing a threat to
public safety, or posing an imminent risk of damage to private property; provided, that.-
i.
hat:i. The applicant submits a report from an ISA- or ASCA-certified arborist or registered
landscape architect that documents the hazard and provides a replanting schedule for the
replacement trees;
ii. Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by
a qualified professional. Where pruning or crown thinning is not sufficient to address the
hazard, trees should be removed or converted to wildlife snags;
iii. All vegetation cut (tree stems, branches, etc.) shall be left within the critical area or
buffer unless removal is warranted due to the potential for disease or pest transmittal to
other healthy vegetation or unless removal is warranted to improve slope stability;
iv. The land owner shall replace any trees that are removed with new trees at a ratio of two
replacement trees for each tree removed (two to one) within one year in accordance with
an approved restoration plan. Replacement trees may be planted at a different, nearby
location if it can be determined that planting in the same location would create a new
hazard or potentially damage the critical area. Replacement trees shall be species that
are native and indigenous to the site and a minimum of one inch in diameter at breast
height (dbh) for deciduous trees and a minimum of six feet in height for evergreen trees
as measured from the top of the root ball;
v. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified
wildlife biologist shall be consulted to determine timing and methods of removal that will
minimize impacts; and
vi. Hazard trees determined to pose an imminent threat or danger to public health or safety,
to public or private property, or of serious environmental degradation may be removed
or pruned by the land owner prior to receiving written approval from the city; provided,
that within 14 days following such action, the land owner shall submit a restoration plan
that demonstrates compliance with the provisions of this title.
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This letter also serves to inform you that the City intends to initiate enforcement proceedings
against you on the grounds that the trees at issue were removed in violation of the City of
Edmonds Community Development Code (ECDC) Chapter 18.45 — Land Clearing and Tree
Cutting and Chapter 23.40 — Environmentally Critical Areas. Penalties for these violations
are set forth at ECDC 23.40.240(E) and ECDC 18.45.070:
23.40.240 Unauthorized critical area alterations and enforcement.
E. Penalties. Any person, party, firm, corporation, or other legal entity
convicted of violating any of the provisions of this title shall be guilty of
a misdemeanor and subject to penalties set forth in ECDC 18.45.070.
Each day or portion of a day during which a violation of this title is
committed or continued shall constitute a separate offense. Any
development carried out contrary to the provisions of this title shall
constitute a public nuisance and may be enjoined as provided by the
statutes of the state of Washington. The city of Edmonds may levy civil
penalties against any person, party, firm, corporation, or other legal
entity for violation of any of the provisions of this title. The civil penalty
shall be assessed at a maximum rate of $3,000 dollars per day per
violation and/or $1,500 per tree for unauthorized clearing within a
critical area or critical area buffer pursuant to the provisions of ECDC
18.45.070.
18.45.070 Violations and penalties.
A. A violation of any of the provisions of this chapter shall constitute a
misdemeanor. It shall be a separate offense for each and every day or
portion thereof during which any violation of any of the provisions of
this chapter is committed.
B. Any person found violating the provisions of this chapter may be
fined by the planning division manager in an amount not to exceed
$1,000 per day and/or $500.00 per tree. Any fine imposed by the
planning division manager is appealable to the hearing examiner. This
civil fine shall be in addition to any criminal, civil, or injunctive remedy
available to the city.
C. The fines established in subsection (B) of this section shall be tripled
to $3,000 per day and/or $1,500 per tree for clearing which occurs within
any critical area or critical area buffer, in any earth subsidence or
landslide hazard area, in any native growth protection easement or in any
area which is designated for transfer or dedication to public use upon
final approval of a subdivision, planned residential development or other
development permit.
Because you removed trees from an identified steep slope critical area on your parcel, the City
intends to impose fines for this violation in the amount of $1,500 per tree. The total fine will be
determined once your response to the associated request for additional information is received.
However, the amount of this fine is supported by the plain text of the ECDC provisions cited
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above and your knowledge of the need for a tree cutting permit in critical areas following
discussions with staff at the counter. Please note further that violations of Chapter 18.45 ECDC
and Chapter 23.40 ECDC constitute criminal misdemeanors. Without prejudice to the City's
authority to impose monetary penalties, this matter may be referred to the City's prosecuting
attorney with a request to file criminal misdemeanor charges.
If you have any questions, please contact me at 425-771-0220 or via email at
michaeLclugston a,ci.edmonds.wa.us.
Sincerely
Michael D. Clugston, AICP
Planner
Cc: Code Enforcement
N