PLN20130070 Notification of Critical Areas Determination Revision.pdfCITY OF EDMONDS
121 51h Avenue North, Edmonds WA 98020
Phone: 425.771.0220 ® Fax: 425.771.0221 ® Web: www.edmondswa
DEVELOPMENT SERVICES DEPARTMENT ® PLANNING DIVISION
4-11C. 1 8y
December 16, 2013
Mr. Shawn Rafferty
PKJB Architectural Group
119 S. Main St., #410
Seattle, WA 98104
SUBJECT: NOTIFICATION OF REVISED CRITICAL AREAS DETERMINATION
FILE NO. CRA19940162 AS IT RELATES TO THE JACOBSEN'S MARINE
PROPOSAL (FILE NOS. PLN20130070 AND BLD20131338)
Dear Mr. Rafferty:
This letter is to inform you that the critical areas determination that was made in 1994 for the Port of Edmonds
parcel that encompasses the site of the current Jacobsen's Marine proposal has been recently revised. A
"Waiver" was issued in 1994 under File No. CRA19940162 for Parcel No. 2327034158005. This parcel
number has since been changed by Snohomish County to 27032300415800, which is the parcel that
encompasses the site of the proposed Jacobsen's Marine project at 345 Admiral Way.
Based on current information, this critical areas determination was revised to reflect the fact that the subject
parcel contains a Seismic Hazard Area, is within the minimum required buffer from the Edmonds Marsh, and
is possibly within the minimum required buffer and/or critical area building setback from Willow Creek.
Please refer to the enclosed Critical Areas Reconnaissance Report for additional information. Applicable
requirements of the City's critical areas code (ECDC Chapters 23.40 through 23.90) will need to be addressed
for the proposed Jacobsen's Marine project at 345 Admiral Way. The applicable critical areas requirements
are summarized as follows:
1. Seismic Hazard Area: A geotechnical report prepared by a qualified professional that addresses the
applicable requirements of ECDC Chapters 23.40 and 23.80 will be required during review of the
building permit application for Jacobsen's Marine.
2. Wetland: Under interim Ordinance No. 3935, development proposals in the footprint of development
within critical areas and/or buffers may be allowed as long as the proposed development meets the
provisions of ECDC 23.40.220.C.3 (effective until February 12, 2014), including the requirement that
the project includes measures to enhance the critical area and/or buffer in a way that improves its
function and value. Compliance with these requirements must be documented during the building
permit application review process.
3. Stream: Although the southern portion of the subject parcel is potentially located within the minimum
required 100-foot buffer and/or 15-foot critical area building setback from Willow Creek, the portion
of the subject parcel that contains the Jacobsen's Marine project site is located well over 115 feet
away from Willow Creek. Therefore, the Jacobsen's Marine proposal is not subject to the critical
areas code requirements related to streams.
No response regarding the above items is needed for the processing of your design review application (File No.
PLN20130070); however, additional information addressing the above items will be required as part of the
associated building permit application review (File No. BLD20131338). The target date for the Planning
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Division's initial review of the associated building permit application is set for January 15, 2014. As the
Planning Division works on its review of your building permit application, it may be found that items in
addition to those discussed above will need to be addressed, but staff wanted to make you aware of the above
items now so that you may begin working towards addressing these items in order to avoid potential delays
with the associated building permit application review
Please keep in mind that a complete response to staffs November 27, 2013 request for additional
information related to the design review application (File No. PLN20130070) must be received by February
25, 2014. Again, the above items do not need to be addressed as part of the design review application, but
will need to be addressed as part of the associated building permit application.
If you have any questions, please do not hesitate to contact me via phone at (425) 771-0220 or via email at
Jen.Machuga a.edmondswa.�ov.
Sincerely,
Development Services Department - Planning Division
Jen Machuga
Associate Planner
Enclosure: Critical Areas Reconnaissance Report (File No. CRA19940162)
Cc: File Nos. PLN20130070 & BLD20131338
Mr. Greg Jacobsen
2501 Harbor Ave. SW
Seattle, WA 98126
Mr. Bob McChesney
Port of Edmonds
336 Admiral Way
Edmonds, WA 98020
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111c. 189\3
CITY OF EDMONDS
121 5`I' Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
Critical Areas Reconnaissance Report
Critical Areas File Number
Determination
Site Location
Previous Tax Account Number
Current Tax Account Number
Property Owner
Critical Areas Present
CRA19940162
Study Required
Current addresses include 305, 317, 345, 375,
445, 465, and 471 Admiral Way, Edmonds
23270341580005
27032300415800
Port of Edmonds
0 Geologically Hazardous Areas
0 Seismic Hazard Area
0 Wetland
0 Stream
NOTE: THE ORIGINAL CRITICAL AREAS DETERMINATION ISSUED FOR THIS PARCEL ON JULY 29,
1994 FOUND THAT THE PROPERTY DID NOT CONTAIN ANY CRITICAL AREAS AND A "WAIVER"
FROM THE REQUIREMENT TO CONDUCT A STUDY WAS ISSUED. HOWEVER, SINCE THE TIME OF
THE ORIGINAL RECONNAISSANCE, THE CITY'S CRITICAL AREAS CODE WAS UPDATED, REVISING
THE THRESHOLDS FOR CRITICAL AREAS AND THEIR BUFFERS. IT WAS RECENTLY DETERMINED
THAT THE PARCEL CONTAINS AND/OR IS ADJACENT TO A SEISMIC HAZARD AREA, WETLAND, AND
A STREAM. THEREFORE, THE ORIGINAL RECONNAISSANCE HAS BEEN CHANGED, AND THE
CURRENT CRITICAL AREAS DETERMINATION FOR THE PROPERTY IS "STUDY REQUIRED" DUE TO
THE PRESENCE OF A SEISMIC HAZARD AREA, WETLAND, AND STREAM ON AND/OR ADJACENT TO
THE SUBJECT SITE.
Site Description
During recent review and inspection of the subject site, it was found that the site may contain (or be
adjacent to) critical areas, including a Geologically Hazardous Area (Seismic Hazard Area), Wetland,
and Stream pursuant to Chapters 23.40, 23.50, 23.80, and 23.90 of the Edmonds Community
Development Code (ECDC). Cited sections of the Edmonds Community Development Code (ECDC) can
be found on the City of Edmonds website at www.edmondswa.gov.
The subject parcel is relatively level,
and soils on the property are
identified by the Soil Survey of
Snohomish County Areas,
Washington as #78 (Urban land).
However, the Washington State
Department of Natural Resources
has mapped a "seismic hazard" area
through the entire subject parcel.
The parcel is outlined in yellow in
the inset map to the right, and the
"seismic hazard" area is indicated
with red hatching. Seismic Hazard
Areas are subject to the critical areas
requirements for geologically
hazardous areas.
The Edmonds Marsh (indicated in
light blue in the inset map to the
right), which is a Category 1 wetland, is located to the east of the subject site across the BNSF railroad
tracks. Category 1 wetlands require a 200-foot buffer. Therefore, the subject parcel is located within
the minimum required wetland buffer from the Edmonds Marsh.
Additionally, the southern portion of the subject parcel is located directly across the BNSF railroad tracks
(approximately 90 to 100 feet) from Willow Creek (indicated in blue in the inset map above), which is a
Type F stream. Type F streams require a 100-foot buffer. The critical areas code also requires a 15-foot
critical areas building setback measured from the boundary of the critical area buffer. Therefore, it
appears that the southern portion of the subject parcel is located within the buffer and/or critical area
building setback from Willow Creek.
Allowed Activities & Exempt Proposals
Certain activities are allowed in or near critical area buffers as specified in ECDC 23.40.220. Similarly,
certain development proposals may be exempt from Critical Areas requirements (ECDC 23.40.230).
Pursuant to ECDC 23.80.040.13, the following activities are allowed within seismic hazard areas without
the need for a critical area report: (1) construction of new buildings with less than 2,500 square feet of
floor area or roof area, whichever is greater, and which are not residential structures or used as places
of employment or public assembly; (2) additions to existing single -story residences that are 250 square
feet or less; and (3) installation offences. If you have any questions about whether your proposed
development qualifies as an allowed or exempt activity, please contact a Planner for more
information.
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General Report Requirements
Critical Areas Reports identify, classify and delineate any areas on or adjacent to the subject property
that may qualify as critical areas. They also assess these areas and identify any potential impacts
resulting from your specific development proposal. If a specific development proposal results in an
alteration to a critical area, the critical areas report will also contain a mitigation plan. You have the
option of completing the portion of the study that classifies and delineates the critical areas and waiting
until you have a specific development proposal to complete the study. You may also choose submit the
entire study with your specific development application. Please review the minimum report
requirements for all types of Critical Areas which are listed in ECDC 23.40.090.D. There are additional
report requirements for different types of critical areas (see below). Note that it is important for the
report to be prepared by a qualified professional as defined in the ordinance. There are options on how
to complete a critical areas study and an approved list of consultants that you may choose from. You
may contact the Planning Division for more information. General Mitigation Requirements for all Critical
Areas are discussed in ECDC 23.40.110 through 23.40.140.
Seismic Hazard Areas
The subject parcel contains a mapped Seismic Hazard Area. Seismic hazard areas are areas subject to
severe risk of damage as a result of earthquake -induced ground shaking, slope failure, settlement, soil
liquefaction, lateral spreading, or surface faulting. Settlement and soil liquefaction conditions occur in
areas underlain by cohesionless, loose, or soft -saturated soils of low density, typically in association with
a shallow ground water table. Development within a Seismic Hazard Area must meet additional criteria.
Development proposals within a Seismic Hazard Area must meet additional criteria:
• A report by a licensed Geotechnical Engineer is required for applicable projects within Seismic
Hazard Areas. Note that it is important for the report to be prepared by a qualified professional
as defined in the ordinance.
• Geotechnical reports within Seismic Hazard Areas must address liquefaction.
• Report requirements are provided in ECDC 23.80.050 and more generally in ECDC 23.40.090.D.
• Activities proposed to be located in seismic hazard areas shall meet the development standards
of ECDC 23.80.060.
Wetlands
The subject parcel is located across the BNSF railroad tracks (approximately 90 to 100 feet) from the
Edmonds Marsh, which is a Category 1 wetland. Therefore, the site is within the minimum required
wetland buffer from the Edmonds Marsh. Wetlands are areas inundated or saturated by ground or
surface water that support, under normal circumstances, vegetation adapted for life in saturated soil.
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• Wetlands are generally rated according to their size, condition, function, and vegetation types
into four (4) different categories described in ECDC 23.50.010 and by use of the "City of
Edmonds Wetland Field Data Form" by the critical areas consultant.
• Buffer widths for wetlands vary depending on the category of the wetland as listed in ECDC
23.50.040. F.
• In addition to the general requirements for Critical Areas reports referenced above, there are
specific Critical Areas report requirements for wetlands that are provided in ECDC 23.50.030.
Development proposals that encroach into wetlands or their buffers or building setbacks may be
allowed through the approval of certain processes.
• The width of a wetland buffer may be reduced through buffer enhancement if the criteria
described in ECDC 23.50.040.F.3 can be met. The maximum amount that a buffer can be
reduced through buffer enhancement is 50%.
• A buffer may also be modified through a process called buffer averaging. The criteria applied to
buffer averaging are listed in ECDC 23.50.040.F.4. The maximum amount that the buffer width
can be reduced at any single location through buffer averaging is 50%.
• Development proposals that proposed encroachments into buffers beyond what is allowed
through the above methods require a Critical Areas Variance, or a Reasonable Use Exception. If
you think that you have a proposal that may require one of these processes, please contact a
Planner for more information.
• Any time a development proposal requires an alteration to a wetland, a mitigation plan is
required as part of the Critical Areas report. In addition to the General Mitigation requirements
referenced above, mitigation requirements specific to wetlands are provided in ECDC 23.50.050.
NOTE: There are specific performance standards for the subdivision of lands in wetlands and wetland
buffers. These are listed in ECDC 23.50.060.
Streams
The southern portion of the subject parcel is located directly across the BNSF railroad tracks
(approximately 90 to 100 feet) from Willow Creek, which is a Type F stream. Type F streams require a
100-foot buffer. Additionally, the critical areas code requires a 15-foot critical areas building setback
measured from the boundary of the critical area buffer. Therefore, it appears that the southern portion
of the subject parcel is located within the buffer and/or critical area building setback from Willow Creek.
Streams are areas where surface waters produce a defined channel or bed which demonstrates clear
evidence of the passage of water. Streams need not contain water year-round. Streams are regulated as
types of Fish and Wildlife Habitat Conservation Areas. Streams are classified according to whether or
not they run year round and whether or not they support fish populations according to the classification
system listed in ECDC 23.90.010.A.1. The minimum buffer widths for streams vary depending on the
type of stream and are listed in ECDC 23.90.040.D.1. In addition to the general requirements for Critical
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Areas reports referenced above, specific Critical Areas report requirements for Fish and Wildlife Habitat
Conservation Areas are provided in ECDC 23.90.020.A to C and additional technical information
requirements for streams are listed in ECDC 23.90.020.D. Development proposals that encroach into
streams or their buffers or building setbacks may be allowed through the approval of certain processes.
The width of a stream buffer may be reduced,,through buffer enhancement if through the review of a
Stream Buffer Enhancement Plan that meets the specific requirements referenced in ECDC
23.90.040.D.2. The maximum amount that a buffer can be reduced through buffer enhancement is 50%.
A buffer may also be modified through a process called buffer averaging. The criteria applied to buffer
averaging are listed in 23.90.040.D.2. The maximum amount that the buffer width can be reduced at
any single location through buffer averaging is 50%. Development proposals that propose
encroachments into buffers beyond what is allowed through the above methods require a Critical Areas
Variance or a Reasonable Use Exception. If you think that you have a proposal that may require one of
these processes, please contact a Planner for more information.
Determination: Study Required
This review applies to the entire subject parcel. Depending on the location and project proposed
relative to the identified critical areas, certain studies and reports may be required. Please contact
the Planning Division at 425.771.0220 if and when you have a specific development proposal for this
site in order to discuss the various permits that will be required. Please note that tree removal on sites
containing critical areas may first require a tree cutting permit, and the illegal removal of trees may
result in penalties and steep fines (ECDC 18.45.070, ordinance #3828).
Jen Machuga, Associate Planner
Name, Title
Signatu
December 16, 2013
Date
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