Staff Report PLN20100027.pdf121 5th AVENUE NORTH m EDMONDS, WA 98020 ® (425) 771-0220 o FAX (425) 771-0221
Website: www.d.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT
PLANNING DIVISION
REPORT & RECOMMENDATION TO THE HEARING EXAMINER
Project: Gold Single -Family Residences
File Number: PLN20100027
Date of Report: October 7, 2010
From: _ w.,......,. i w,...
Kernen Lien, Associate Aanner
Public Hearing: October 21, 2010 at 3:00 P.M.
Edmonds Public Safety Complex: Council Chambers
250 - 5`' Avenue North, Edmonds, WA 98020
I. SUMMARY OF PROPOSED ACTION:
MIKE COOPER
MAYOR
The project involves the construction of two single-family residences within shoreline
jurisdiction of the Puget Sound. One residence will be constructed on the property located at
7510 162"d Street Southwest (North Residence) and the second will be constructed on the
property at 16200 75`x' Place West (South Residence). The construction of single-family and
associated appurtenances within shoreline jurisdiction may be exempt from the requirements of a
shoreline substantial development permit, except where grading associated with the construction
of the associated appurtenances exceeds two hundred fifty cubic yards (WAC 173-27-040(2)(g)).
The grading associated with both of these residences exceeds two hundred fifty yards and thus
the project requires a shoreline substantial development permit.
II. GENERAL INFORMATION:
1. Property Owner: Mike Gold
2. Applicant: Robert Hughes, Reed & Associates
Request: The applicant is requesting a Shoreline Substantial Development permit for the
construction of two single-family residences within shoreline jurisdiction of the Puget
Sound. (Attachments 1 - 9).
4. Review Process: Single-family residences that involve more the 250 cubic grading for the
construction of associated appurtenances require a shoreline substantial development permit
according to ECDC 23.10.120. Pursuant to ECDC 20.55.030, the hearing examiner shall
review and issue decision on shoreline permits as a Type III -I3 decision, using the criteria
Exhibit 1
PLN20100027
Incorporated /Auyus� .11, 1890
Sister City - Hekinan, Japan
Gold Single Family Residences
Shoreline Substantial Development Permit
File No. PLN20100027
contained in the City of Edmonds Shoreline Master Program (ECDC 23.10), the policies of
the Shoreline Management Act and Chapter 173-27 WAC.
5. Maior Issues:
a. Compliance with ECDC 16.20 Single-family residential
b. Compliance with ECDC 23.10 Shoreline Master Program
i. ECDC 23.10.060 Shoreline use elements goals and policies
ii. ECDC 23.10.130 General regulations — Environmentally sensitive areas and critical
areas
iii. ECDC 23.10.150 Use regulations — Detached dwelling units.
iv. ECDC 23.10.2 10 General regulations — Land surface modification
v. ECDC 23.10.215 Special regulations — Authority of the city
c. Compliance with Critical Area Ordinance
i. ECDC 23.40 Environmentally Critical Area General Provisions
ii. ECDC 23.80 Geologically Hazardous Areas
6. Location: One residence will be constructed on the property located at 7510 162nd Street
Southwest (North Residence) and the second will be constructed on the property at 16200
75"' Place West.
7. Tax Parcel Number: 00513106000100 (North Residence); 00513106000200 and
00513106000400 (South Residence).
8. Zoning: Single -Family Residential (RS -20). (Attachment 10)
9. Shoreline Designation: The project is located within the Suburban Residential I shoreline
designation. (Attachment 11)
10. Existing Use: The northern site is vacant property with a driveway that provides access to an
existing single-family residence on the southern site.
11. Proposed Use: Both sites will be developed with single-family residences.
III. SEPA THRESHOLD DETERMINATION:
Review under the State Environmental Policy Act (SEPA) is required for the project because the
project involves more than 500 cubic yards of landfill or excavation. The applicant submitted
two separate environmental checklists for the project; one for the north residence and a second
for the south residence (Attachments 12 - 13). The City of Edmonds, acting as lead agency,
reviewed both residences together and issued a single Mitigated Determination of
Nonsignficance on June 21, 2010 (Attachment 14). The mitigating measures being that the
project applicant must implement all recommendations in the geotechnical reports prepared in
association with the projects (Attachment 14). No comments or appeals of the SEPA
determination were received by the City.
The City of Edmonds has complied with the SEPA requirements.
IV. PUBLIC NOTICE:
ECDC 20.55.020.A requires that in addition to the noticing requirements of ECDC 20.03, notice
for shoreline permit applications shall be given by publication in a newspaper of general
circulation in Edmonds at least once a week on the same day of the week for two consecutive
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Shoreline Substantial Development Permit
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weeks. The last day of publication shall be at least 30 days before the first public hearing on the
permit. A notice of application was published in the Herald newspaper on June 21, 2010 and
June 28, 2010. The notice of application was also posted at the site, the Public Safety Complex,
Development Services Department, Library and mailed to the adjacent property owners within
300 feet of the site on June 21, 2010.
A notice of public hearing for the shoreline substantial development permit was publish in the
Everett Herald on October 5, 2010. The notice of public hearing was also posted at the site, the
Public Safety Complex, Development Services Department, Library and mailed to the adjacent
property owners within 300 feet of the site on October 4, 2010.
The City has complied with the noticing provisions of ECDC 20.03 (Public Notice) and
20.55.020 (Shoreline Permit Notice). Copies of the notices and affidavits of mailing and posting
are included as Attachments included with this report (Attachments 15 — 19).
V. TECHNICAL COMMITTEE:
This application was reviewed and evaluated by the Snohomish County Fire District #1,
Engineering Division, Building Division, Parks and Recreation Department, and the Public
Works Department. All of these divisions/departments reserved comments for the building
permits associated with the development (Attachment 16).
VI. NATURAL ENVIRONMENT:
1. Topography: The site generally slopes towards Puget Sound with an overall inclination of
36%. The site is relatively level in the center with slopes in excess of 40% along the western
and eastern edges of the site (Attachment 22).
2. Soils: The NRCS soil maps indicate the western portion of the site contains Alderwood-
Everett gravelly sandy loams with 25-75% slopes while the eastern portion of the property
contains Alderwood gravelly sandy loam with 14-25% slopes.
3. Critical Areas: A critical area reconnaissance of the property was conducted under
CRA20100031 and CRA20100032 (Attachment 21). It was found that the subject property
is located within the Earth Subsidence and Landslide Hazard Area of north Edmonds and
also contains slopes in excess of 40% which qualifies the site as a potential erosion and
landslide area.
4. Wildlife: Wildlife in the area is typical of an urban environment.
5. Vegetation: The vegetation on the subject property is characterized by overgrown,
unmaintained urban landscaping with a few larger trees. All trees and other vegetation
within the clearing limits (Attachments 4 & 8, Sheet 3) will be removed in order to complete
the grading associated with the project. Revegetation plans have been submitted for both the
north residence (Attachment 5) and south residence (Attachment 9).
VII. NEIGHBORHOOD CHARACTERISTICS:
The subject site is located within a residential neighborhood in the Meadowdale area of
Edmonds. The surrounding property upland of the BNSF railroad right-of-way is zoned Single-
family Residential (RS -20). The tidelands located waterward of the railroad right-of-way is
zoned Open Space (OS), and the tidelands that contain the old Meadowdale Marina is zoned
Commercial Waterfront (CW). (Attachment 10)
VIII. PUBLIC CONCERNS:
To date, no public comment letters have been received.
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Shoreline Substantial Development Permit
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IX. APPLICABLE CODES:
1. ECDC 16.20 RS— Single -Family Residential
A. The subject property is located with the RS -20 single-family residential zone. Pursuant
to ECDC 16.20.030, development standards for the RS -20 zone are as follows.
1: Thirty-five feet total of both sides, 10 feet minimum on either side.
B. A lot line adjustment and lot combination was completed for this property under
PLN20100043 (Attachment 31). Following the lot line adjustment the property where
the north residence will be constructed contains 19,275 square feet, while the property
where the south residence will be constructed contains 20,773 square feet. The parcel
for the north residence is considered a nonconforming lot due to the lot area being less
than 20,000 square feet. Pursuant to ECDC 17.40.030.D, a lot within the RS -20 zone
must have at least 12,000 square feet in order to be considered a legal building lot.
C. The proposed residences (Attachment 2 & 6) comply with the setback, height, and
coverage requirement of the RS -20 zone.
2. ECDC 23.10 Edmonds Shoreline Master Prot?ram
A. ECDC 23.10.060 Shoreline use elements goals and policies
i. Relevant Goals
a. ECDC 23.10.060.A. I Allow for a diversity of uses within the shoreline area
consistent with the dramatically different character of the various shorelines
within the city, and to preserve and enhance the natural and aesthetic quality of
important shoreline areas while allowing for reasonable development which
meet the goals and policies of the Shoreline Management Act.
b. ECDC 23.10.060.A.6 Ensure that proposed shoreline uses do not minimize the
rights of others or infringe upon the rights of private ownership.
c. Staff feels the proposal is consistent with these stated goals in that the project is
use consistent with shoreline designation of the site and surrounding area and it
does not appear the project will infringe upon the rights of neighboring property
owners.
ii. Relevant Policies
a. ECDC 23.10.060.B.1 "Environmentally sensitive areas " and "critical areas "
are to be protected and regulated consistent with the city's environmental review
and critical areas regulations contained in Chapters 20,15A and 20.I5B ECDC.
(20.1513 use to be the City's environmentally sensitive areas regulations which
are now contained in ECDC 23.40 through 23.90.)
SEPA review consistent with the requirements of ECDC 20.15A has been
conducted on the proposal (Refer to Section III of this report) and the proposal
meets the requirements of the City's critical area regulations. Given the projects
location within the Earth Subsidence and Landslide Hazard Area, all of the
Page 4 of 11
Minimum
Minimum
Minimum
Minimum
Sub
Minimum
Maximum
Maximum
Lot Area
Street
Side
Rear
District
(Sq. ft.)
Lot Width
Setback
Setback
Setback
Height
Coverage
RS -20
20,000
100'
25'
35/10'
25'
25'
35%
1: Thirty-five feet total of both sides, 10 feet minimum on either side.
B. A lot line adjustment and lot combination was completed for this property under
PLN20100043 (Attachment 31). Following the lot line adjustment the property where
the north residence will be constructed contains 19,275 square feet, while the property
where the south residence will be constructed contains 20,773 square feet. The parcel
for the north residence is considered a nonconforming lot due to the lot area being less
than 20,000 square feet. Pursuant to ECDC 17.40.030.D, a lot within the RS -20 zone
must have at least 12,000 square feet in order to be considered a legal building lot.
C. The proposed residences (Attachment 2 & 6) comply with the setback, height, and
coverage requirement of the RS -20 zone.
2. ECDC 23.10 Edmonds Shoreline Master Prot?ram
A. ECDC 23.10.060 Shoreline use elements goals and policies
i. Relevant Goals
a. ECDC 23.10.060.A. I Allow for a diversity of uses within the shoreline area
consistent with the dramatically different character of the various shorelines
within the city, and to preserve and enhance the natural and aesthetic quality of
important shoreline areas while allowing for reasonable development which
meet the goals and policies of the Shoreline Management Act.
b. ECDC 23.10.060.A.6 Ensure that proposed shoreline uses do not minimize the
rights of others or infringe upon the rights of private ownership.
c. Staff feels the proposal is consistent with these stated goals in that the project is
use consistent with shoreline designation of the site and surrounding area and it
does not appear the project will infringe upon the rights of neighboring property
owners.
ii. Relevant Policies
a. ECDC 23.10.060.B.1 "Environmentally sensitive areas " and "critical areas "
are to be protected and regulated consistent with the city's environmental review
and critical areas regulations contained in Chapters 20,15A and 20.I5B ECDC.
(20.1513 use to be the City's environmentally sensitive areas regulations which
are now contained in ECDC 23.40 through 23.90.)
SEPA review consistent with the requirements of ECDC 20.15A has been
conducted on the proposal (Refer to Section III of this report) and the proposal
meets the requirements of the City's critical area regulations. Given the projects
location within the Earth Subsidence and Landslide Hazard Area, all of the
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geotechnical reports for the proposal are being peer reviewed to ensure the
proposal is consistent with the critical area regulations and ECDC 19.10
(Building Permits — Earth Subsidence and Landslide Hazard Areas). Refer to
Section IX.3 of this report for a discussion on compliance with the City of
Edmonds critical area regulations.
b. ECDC 23.10.060.8.2 New uses and developments in shoreline areas that have
established desirable development patterns should be designed to be compatible
with those areas; provided the existing uses are consistent with the Shoreline
Management Act and this document.
The proposal is a residential development within an established residential area
of Edmonds and is compatible with other residential development in the area.
c. ECDC 23.10.060.B.6 Uses in shoreline areas should not degrade water quality
nor disrupt any more than is essential the land covered by water and the land
area adjacent to the ordinary high water mark.
While the proposal is within shoreline jurisdiction, the property is not land
covered by water and the property is separated from the ordinary high water
mark by the Burling Northern rail road tracks. However, the proposal should not
degrade water quality as erosion control measures will be implemented
(Attachments 4 & 8, Sheet 1) and the proposal will be compliant with the City's
storm water management regulations contained in ECDC 18.30.
d. ECDC 23.10.060, B.9 Shoreline use should be compatible with its site, in
harmony with adjacent uses, and consistent with long-range comprehensive
planning for waterfront use.
The Comprehensive Plan designation for the subject site is Single Family —
Resource. The development of the property with single-family residences is
consistent with the City of Edmonds Comprehensive Plan and compatible with
adjacent uses.
iii. Staff feels the proposal is consistent with the above stated policies.
B. ECDC 23.10.130 General regulations — Environmentally sensitive areas and critical
areas
i. ECDC 23.10.130.B Development Limitations. All uses, developments, and activities
on sites containing environmentally sensitive areas and/or critical areas must
comply with all applicable local, state, and federal laws pertaining to development
in these areas. In addition, the site must be specifically designed so that the hazards
from or impact on the environmentally sensitive area and/or critical area will be
mitigated.
The subject property contains critical areas with slopes in excess of 40% and the site.
is also located within the Earth Subsidence and Landslide Hazard Area of north
Edmonds. Several geotechnical reports and peer review of the geotechnical reports
(Attachments 22 - 30) have been conducted on the proposed development to ensure
that the proposed development is designed in a way that will not decrease the slope
stability on the subject property or adjacent properties.
ii. Staff feels the proposal is consistent with ECDC 23.10.130,
C. ECDC 23.10.150 Use regulations — Detached dwelling units.
i. ECDC 23.10.150.B Permitted Use,
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1. The principal use permitted is the use of the subject property for a detached
single-family dwelling unit.
The proposed use of the subject property is for two detached single-family dwelling
units.
2. In addition to the principal use listed above, "normal appurtenances " as specified
in WAC 173-27-040(2)(8), as now or hereafter amended and as modified by ECDC
23.10.045 (B)(030), as normally associated with a detached dwelling unit and
residential occupancy are also permitted, including grading of the subject property
which does not exceed 499 cubic yards.
While ECDC 23.10.150.13.2 references 499 cubic yards of grading as being allowed,
WAC 173-27-040(1)(g) indicates that grading is not to exceed 250 cubic yards of
grading without the requirement of shoreline substantial development permit. Since
the project involves more than 250 cubic yards of grading associated with the
appurtenances and the entire project exceeds 499 cubic yards (Attachments 3 & 7),
the proposed development is required to obtain a shoreline substantial development
permit.
3. In addition to the uses listed above in subsections (B)(1) and (B)(2) of this section,
in the suburban residential I, II and III environments, the installation of storm
drainage lines to convey storm water resulting from the use of the subject property
as a detached dwelling unit down the face of a slope for dispersal into the existing
storm drainage system within the railroad right-of-way shall be considered a normal
ancillary development activity, provided the subject property owner has received
written permission from the railroad and subject to approval by the city engineer.
The project does not propose to convey stormwater into the existing storm drainage
system within the railroad right-of-way, but rather proposes to tie into the City of
Edmonds stormwater system at 162nd Street southwest (Attachments 4 & 8, Sheet 2).
ii. ECDC 23.10.150.0 through ECDC 23.10.150.E discuss lot size, required yards
(setbacks), and height requirements for residential development within shoreline
jurisdiction. The development standards for residential development within
shoreline jurisdiction are the same development standards as the underlying zoning.
Refer to section IX.1 for a discussion on how the proposal complies within the
underlying zoning development standards.
iii. Staff feels the proposal is consistent with ECDC 23.10.175.
D. ECDC 23.10.210 General regulations — Land surface modification
i. ECDC 23.10,210.0 Land Surface Modification Landward of the Ordinary High
Water Mark. Land surface modification landward of the ordinary high water mark is
only permitted if it is necessary for an approved development or use of the subject
property or if it is incidental to landscaping for an existing use on the subject
property.
The proposed land surface modification would be conducted in association with the
construction of the two single-family dwelling units if approved under this shoreline
permit.
ii. ECDC 23.10.210.D Additional Regulations. All land surface modifications
landward of the ordinary high water mark must comply with the following
requirements:
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Shoreline Substantial Development Permit
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1. The land surface modification must be the minimum necessary to accomplish the
underlying reason for the land surface modification.
The applicant has indicated that the proposed clearing limits are the minimum
necessary to accomplish the proposed site development.
2. Care must be taken to not create any direct or indirect adverse impacts on any
adjoining property or the shoreline of statewide significance.
Several geotechnical reports and peer review of the geotechnical reports have
evaluated the proposed development and recommended mitigation measures to
minimize adverse impacts of the proposal (Attachments 22 — 30).
3. All surfaces exposed during land surface modification must be revegetated or
otherwise covered as quickly as possible to minimize erosion.
The applicant has submitted revegetation plans for both the north and south
residences (Attachments 5 & 9). Additionally, the Temporary Erosion and Sediment
Control plans included as Attachments 4 & 8 (Sheet 1), state that immediately
following finish grading landscaping is to be installed.
4. During land surface modification activities techniques should be employed to
prevent erosion and runoff onto adjacent properties or into the shoreline of
statewide significance.
Temporary Erosion and Sediment Control plans have been developed for both the
north and south residences (Attachments 4 & 8, Sheet 1).
5. Except as is necessary during construction, dirt, rocks, and similar materials may
not be stockpiled on the subject property. If stockpiling is necessary during
construction, it must be located as far as possible from the shoreline and strictly
contained to prevent erosion and runoff.
Temporary stockpiling is proposed on both the north and south site (Attachments 4
& 8, Sheet 1). The proposed stockpile locations are in the center of the properties
between the eastern and western slopes. Given the topography of the site, these are
the only practical locations for the stockpiles. According to the Temporary Erosion
and Sediment Control plans (Attachments 4 & 8, Sheet 1), the soil stockpiles are to
be covered with visqueen within 24 hours.
6. Materials that will be deposited on the subject property must be clean and not
contain organic or inorganic substances that could pollute or otherwise be
detrimental to water quality or aquatic or shoreline habitats.
The composition of the fill material is outlined in the Structural Fill Section of the
nelson Geotechnical Report dated February 12, 2010 included as Attachment 22.
The fill material is consistent with the requirement of ECDC 23.10.210.D.6.
7. The city may require that land surface modifications be engineered and/or
supervised by an engineer or similarly qualified professional.
The proposed land surface modifications have been developed by licensed engineers,
who will also supervise the work.
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8. The city may require that land surface modifications be restricted to limited times
of the year.
Pursuant to ECDC 19.10.080, development within the Earth Subsidence and
Landslide Hazard area is generally limited to the drier season between May and the
end of September. Depending on weather conditions, applicants may receive
approval to work between October I" and April 30`h from the building official where
such approval is accompanied by written concurrence of the applicant's geotechnical
engineer.
iii. Staff feels the proposal is consistent with the land surface modification regulations
contained in ECDC 23.10.210.
E. ECDC 23.10.215 Special regulations — Authority of the City of Edmonds
In addition to the authority described above, if a proposed use, development or
activity includes areas both inside and outside the jurisdiction of the Shoreline
Management Act, the city may impose conditions or restrictions on the use,
development or activity outside the jurisdiction of the Shoreline Management Act if
necessary to bring the areas of the development within the jurisdiction of the
Shoreline Management Act into compliance with the Act, Chapters 173-16 and 173-
27 WAC and Chapters 20.10 and 20.55 ECDC
ii. Some of the proposed project is located outside Shoreline Jurisdiction. Since these
portions of the project are tied to other portions within Shoreline Jurisdiction, the
entire project is being reviewed for consistency with the Shoreline Management Act,
Edmonds Shoreline Master Program and is being permitted through the Shoreline
Substantial Development Permit process.
3. Critical Area Ordinance
A. A critical area reconnaissance of the property was conducted under CRA20100031 and
CRA20100032 (Attachment 21). It was found that the subject property is located within
the Earth Subsidence and Landslide Hazard Area of north Edmonds and also contains
slopes in excess of 40% which qualifies the site as a potential erosion and landslide area.
B. ECDC 23.40 Environmentally Critical Area General Provisions
i. ECDC 23.40.160 Review criteria. Any alteration to a critical area, unless otherwise
provided for in this title, shall be reviewed and approved, approved with conditions,
or denied based on the proposal's ability to comply with all of the following criteria:
1. The proposal minimizes the impact on critical areas in accordance with ECDC
23.40,120, Mitigation sequencing,-
2.
equencing;2. The proposal does not pose an unreasonable threat to the public health, safety, or
welfare on or off the development proposal site;
3. The proposal is consistent with the general purposes of this title and the public
interest;
4. Any alterations permitted to the critical area are mitigated in accordance with
ECDC 23.40.110, Mitigation requirements;
5. The proposal protects the critical area functions and values consistent with the
best available science and results in no net loss of critical area functions and values,-
and
alues;and
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6. The proposal is consistent with other applicable regulations and standards.
ii. The geotechnical reports prepared in association with the proposed development
have demonstrated compliance with ECDC 23.40.160,
C. ECDC 23.80 Geologically Hazardous Areas
i. ECDC 23.80.040.A Erosion and Landslide Hazard Area. Except as otherwise
provide for in this title, only those activities approved and permitted consistent with
an approved critical areas report in accordance with this title shall be allowed in
erosion or landslide hazard areas.
ii. Geotechnical reports consistent with requirements of ECDC 23.40.090, ECDC
23.80.050, and ECDC 19.10 have been submitted and peer reviewed (Attachments
22-30).
D. Staff feels the proposal is consistent with the requirements of the critical area regulations
contained in ECDC 23.40 and ECDC 23.80.
X. SHORELINE MANAGEMENT ACT — RCW 90.58
RCW 90.58.020 provides the following policy of the Shoreline Management Act: "It is the
policy of the state to provide for the management of the shorelines of the state by planning
for and fostering all reasonable and appropriate uses. This policy is designed to insure the
development of these shorelines in a manner which, while allowing for'limited reduction of
rights of the public in the navigable waters, will promote and enhance the public interest.
This policy contemplates protecting against adverse effects to the public health, the land and
its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting
generally public rights of navigation and corollary rights incidental thereto."
RCW.58.020 further states that "Alterations of the natural condition of the shorelines of the
state, in those limited instances when authorized, shall be given priority for single family
residences and their appurtenant structures..."
2. The development of single-family residences is a reasonable and appropriate use within
shoreline jurisdiction in that single-family development is identified as a priority use within
shoreline jurisdiction. The proposal protects against adverse effect to public health in that it
has been extensively reviewed to ensure that the development is designed in a way that will
not decrease the slope stability on the subject property or adjacent properties.
XI. WASHINGTON ADMINISTRATIVE CODE (WAC) 173-27
1. WAC 173-27-140(1) states, "No authorization to undertake use or development on
shorelines of the state shall be granted by the local government unless upon review the use
or development is determined to be consistent with the policy and provisions of the Shoreline
Management Act and the master program."
Section IX.2 of this report includes a detailed review of the proposal's compliance with the
City of Edmonds Shoreline Master Program.
2. WAC 173-27-140(2) states, "No permit shall be issued for any new or expanded building or
structure of more than thirty-five feet above average grade level on shorelines of the state
that will obstruct the view of a substantial number of residences on areas adjoining such
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shorelines except where a master program does not prohibit the same and then only when
overriding considerations of the public interest will be served."
Both of the proposed residences are less than 25 feet in height, and given the topography of
the site, neither residence is likely to obstruct the view of any of the neighboring properties.
3. The criteria for review of a Shoreline Substantial Development Permit are established in
Washington Administrative Code (WAC) 173-27-150. Pursuant to this code section (and
ECDC 20.55.030) a Shoreline Substantial Development Permit shall be granted only when
the development proposed is consistent with each of the following:
The policies and procedures of the State Shoreline Management Act;
ii. The State shoreline regulations provided within WAC 173-27; and
iii. The City's Shoreline Master Program.
4. This staff report and attachments document how the proposal is consistent with the Shoreline
Management Act, WAC 173-27, and the City's Shoreline Master Program.
WAC 173-27-190 requires each permit for a substantial development, conditional use or
variance, issued by local government to contain a provision that construction pursuant to the
permit shall not begin and is not authorized until twenty-one days from the date of filing as
defined in RCW 90.58.140(6) and WAC 173-27-130, or until all review proceedings initiated
within twenty-one days from the date of such filing have been terminated; except as provided
in RCW 90.58.140 (5)(a) and (b). ECDC 20.55.060 states, "No construction authorized by
an approved shoreline permit may begin until 30 days after the final city decision on the
proposal." This has been added as a recommended condition of approval, which would
exceed the time limit for the above requirement of WAC 173-27-190.
XII. CONCLUSION AND RECOMMENDATION:
Based on the analysis within and attachments included with this report, staff feels the proposal is
consistent with the policies and procedures of the Shoreline Management Act, state shoreline
regulations in WAC 173-27, and the City of Edmonds Shoreline Master Program and
recommends APPROVAL of the Shoreline Substantial Development Permit for the two
proposed single-family residences, subject to the following conditions:
1. Pursuant to ECDC 20.55.060, "No construction authorized by an approved shoreline permit
may begin until 30 days after the final city decision on the proposal."
2. The project must implement all recommendations in the geotechnical reports prepared in
association with the projects.
3. The applicant is responsible for obtaining and following conditions of any applicable
permits/approvals from local, state, and/or federal agencies.
XIII. PARTIES OF RECORD:
Mike Gold
Robert Hughes
15225 14t1i Court SE
Reed & Associates
Mill Creek, WA 98012
8311 212'h Street SW
Edmonds, WA 98026
City of Edmonds
Planning Division
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XIV. ATTACHMENTS:
1. Land Use Application Form
2. North Residence Site Plan
3. North Residence Grading Quantities
4. North Residence Grading and Temporary Sediment Control Plan
5. North Residence Revegetation Plan
6. South Residence Site Plan
7. South Residence Grading Quantities
8. South Residence Grading and Temporary Sediment Control Plan
9. South Residence Revegetation Plan
10. Zoning and Vicinity Map
11. Plate #5 Shoreline Jurisdiction Map from Edmonds Shoreline Master Program
12. SEPA Checklist for North Residence
13. SEPA Checklist for South Residence
14. SEPA MDNS
15. Notice of Application
16. Notice of Application Declaration of Posting and Mailing
17. Notice of Application Affidavits of Publication
18. Notice of Public Hearing
19. Notice of Public Hearing Declaration of Posting and Mailing
20. Technical Review Committee Comments
21, Critical Area CRA20100032
22. Nelson Geotechnical Report dated 02-12-2010
23. Nelson Geotechnical Report dated 04-21-2010
24. Nelson Geotechnical Report dated 05-04-2010
25. Nelson Geotechnical Report dated 07-23-2010
26. Nelson Geotechnical Report dated 08-25-2010
27. Landau Peer Review North Residence 06-18-2010
28. Landau Peer Review North Residence 08-27-2010
29. Landau Peer Review South Residence 06-18-2010
30. Landau Peer Review South Residence 09-20-2010
31. Lot Line Adjustment PLN20100043
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