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Staff report PLN-2010-0064 with attachments.pdfCITY OF EDMONDS 121 - 5TH AVENUE NORTH, EDMONDS, WA 98020 To: Janette Ronquillo (rep. Scott Schrieber) ,- tFrom: � �tZ- Mike Clugston, AICP Planner Date: DECEMBER 8, 2010 File: PLN -2010-0064 A. Application 1. Applicant: Janette Ronquillo (rep. Scott Schrieber). 2. Site Location: 18007 Vista Del Mar Drive (see inset 3. Request: This is a post - event permit (Attachment 1) The Applicant removed six red alder trees and assorted brush from a critical area without a permit at the referenced site. The parcel is zoned Residential Single Family (RS -12). 4. Review Process: An Administrative Conditional Use Permit is a Type lI permit. Following a public comment period, the director makes an administrative decision. 5. Major Issues: a. Compliance with 00, of Edmonds Zoning Map, December 31, 2009 Ronquillo/Schrieber Tree Cutting File No. PLN -2010-0064 Page 2 of 5 Edmonds Community Development Code (ECDC) Section 18.45 - Land Clearing and Tree Cutting. b. Compliance with ECDC Section 20.01 — Types of Development Project Permit Applications. c. Compliance with ECDC Sections 23.40 and 23.80 — Environmentally Critical Areas — General Provisions; Geologically Hazardous Areas. B. Description of Proposal The Applicant had removed six small alder trees on a steep slope without a permit at 18007 Vista Del Mar Drive (Attachment 2). One tree was greater than six inches in diameter at breast height (DBH), the other five saplings were approximately three -to -four inches DBH. Trees removed from critical areas must be replaced 2:1, according to ECDC 23.40.220.C.7.b.iv. The associated restoration plan (Attachment 3) indicates eight vine maples and four serviceberrys will be installed as mitigation. II. FINDINGS OF FACT AND CONCLUSIONS A. Site Development, Neighboring Development and Zoning 1. Facts: a. The site is approximately 18,000 square feet and zoned Single -Family Residential (RS - 12). The subject lot is vacant but the surrounding area is similarly zoned and developed with single family residences. b. The parcel is generally level along Olympic View Drive but slopes gradually downward near the western parcel boundary at grades of 15%-50%. There is also a two-tier retaining wall near the northern corner of the parcel that was installed during the construction of Vista Del Mar Drive (formerly Kairez Drive). B. Edmonds Community Development Code (ECDC) Compliance 1. ECDC Section 18.45 (Land Clearing and Tree Cutting) a. Facts: 1) ECDC Section 18.45.030 exempts clearing on an improved single-family lot, except for that portion of the lot that has slopes exceeding 25 percent. 2) The subject parcel has slopes ranging between 15% to greater than 50%. 3) ECDC 18.45.050.B states that "trees shall be retained to the maximum extent feasible." b. Conclusions: 1) A permit is required for the work in question since the activity occurred on slopes in excess of 25%. 2. ECDC Sections 23.40 and 23.80 (Environmentally Critical Areas) a. Facts: 1) The subject parcel contains slopes of greater than 40%, which indicates the presence of both erosion and landslide hazard areas according to ECDC 23.80. Generally, vegetation in such critical areas is to be retained; however, select Ronquillo/Schrieber Tree Cutting File No. PLN -2010-0064 Page 3 of 5 vegetation may be removed per ECDC 23.40.220.C.7, and trees may be removed if they are hazardous, pose a threat to public safety, or pose an imminent risk of damage to private property. 2) The associated geotechnical report (Attachment 4) noted that while the six trees were moved from a steep slope area, there were no soils exposed at any time which could have resulted in potential erosion. Slope stability was not found to be impaired by the removal of the trees. 3) If trees are to be removed from critical areas, ECDC 23.40.220.C.7.b.iv states: 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 inininutm 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. b. Conclusions: 1) The six red alders removed were not hazardous but "were removed from this property in a clean-up activity of the site for a future home construction." (Attachment 2) It is likely this work was done in an attempt to create or enhance a view of Puget Sound in advance of future development at the vacant parcel. 2) According to the associated geotechnical report (Attachment 4), the subject slope was not impacted by the removal of the trees. 3) The six trees removed from critical areas must be replaced per ECDC 23.40.220.C.7.b.iv. The applicant has proposed eight 1" DBH vine maples and four serviceberrys for a total of 12 replacements (Attachments 2 and 3). 4) The proposed restoration plan, and conditions associated with this permit, satisfy the review criteria found in ECDC 23.40.160. C. Edmonds Comprehensive Plan Compliance 1. Facts: a. The City of Edmonds Comprehensive Plan designates the subject property and those in the immediate vicinity as "Single Family — Resource". b. The Comprehensive Plan has the following stated goals and policies for Residential Development and development within areas of sensitive soils and topography which apply to this project: Soils and Topography C. Goal. Development on steep slopes or hazardous soil conditions should preserve the natural features of the site, in accordance with the following policies: C.3. Erosion Control. Ronquillo/Schrieber Tree Cutting File No. PLN -2010-0064 Page 4 of 5 C. 3. b. Natural vegetation should be preserved wherever possible to reduce erosion and stabilize slopes, particularly on the downhill property line. C. 3. c. Slopes should be stabilized with deep rooted vegetation and mulch, or other materials to prevent erosion and siltation of drainage ways. Vegetation and Wildlife B. Goal. The city should ensure that its woodlands, marshes and other areas containing natural vegetation are preserved, in accordance with the following policies: B.2. The removal of trees should be minimized particularly when they are located on steep slopes or hazardous soils. Subdivision layouts, buildings and roads should be designed so that existing trees are preserved. B.3. Trees that are diseased, damaged, or unstable should be removed. B.4. Grading should be restricted to building pads and roads only. Vegetation outside these areas should be preserved. 2. Conclusion: a. The proposed conditions ensure the permit is consistent with the policies of the Comprehensive Plan. D. Technical Committee The proposal has also been evaluated the Engineering Division. No comments or conditions were noted. E. Public Comment One public comment was received regarding the proposed project (Attachment 5). Doug Sage (9112 Olympic View Drive) noted that "retaining views in Edmonds is as important to owners as is maintaining critical areas is for the City and citizens. The City should also be concerned about maintaining views for the purpose of a robust tax base. Our home values go up with better views." Mr. Sage was also concerned about the selection of replacement vegetation and hoped that it would not eventually grow up to block a view. Response: The City of Edmonds does not regulate private views. With respect to replacement vegetation, ECDC 23.40.220.C.7.b.iv indicates that "[r/eplacement 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." It is up to the applicant to choose from any number of species that would meet the referenced requirements. III. DECISION Based on statements of Fact, Conclusions, and Attachments in this report, the application for a Conditional Use Permit for tree cutting at 18007 Vista Del Mar Drive is GRANTED, subject to the following conditions: Ronquillo/Schrieber Tree Cutting File No. PLN -2010-0064 Page 5 of 5 1. The restoration plan dated October 8, 2010 (Attachment 3) shall be followed resulting in eight vine maples and four serviceberrys installed at the site. 2. The stumps of the six alders that were removed may be flush cut but the root wads must remain. 3. The following erosion control practices shall be implemented: a. All removal and planting must be done by hand using hand tools. b. Excess soil exposed during replanting shall be removed from the site. c. Applicable best management practices found in ECDC 18.30 shall be employed. d. All cuttings must be removed from the site. 4. The Applicant shall request an inspection from the Planning Division as soon as the restoration plantings have been installed. IV. APPEAL A party of record may submit a written appeal of a Type H decision within 14 days of the date of issuance of the decision. The appeal will be heard at an open record public hearing before the Hearing Examiner according to the requirements of ECDC Chapter 20.06 and Section 20.07.004. V. LAPSE OF APPROVAL 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 has expired. Upon receipt of a written request, a permit may be extended for six months." VI. ATTACHMENTS 1. Land use application 2. Applicant's statement 3. Restoration plan (dated 8 October 2010) 4. Geotechnical report 5. Public comment 6. Noticing materials VII. PARTIES OF RECORD Janette Ronquillo and Scott Schrieber Doug Sage Planning Division 761 Daley Street 9112 Olympic View Drive Edmonds, WA 98020 Edmonds, WA 98026 city of edmonds land use application° ❑ ARCHITECTURAL DESIGN REVIEW • ' • • ❑ COMPREHENSIVE PLAN AMENDMENT OLP -Zc) I p - A CONDITIONAL USE PERMIT FILE # 00 �� ZONE ❑ HOME OCCUPATION DATE S - 3 �� REC'D BY ❑ FORMAL SUBDIVISION�/ ❑ SHORT SUBDIVISION FEE S&S - RECEIPT# I t6, C) ❑ LOT LINE ADJUSTMENT HEARING DATE ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT ❑ HE VTAFF ❑ PB ❑ ADB ❑ CC ❑ STREET VACATION ❑ REZONE ❑ SHORELINE PERMIT ❑ VARIANCE / REASONABLE USE EXCEPTION ❑ OTHER: PROPERTY ADDRESS OR LOCATION I �g ') 7 1) i L.171 , D L=r— m r-AiZ iMC)L�r�. W t4 PROJECT NAME (IF APPLICABLE) PROPERTY OWNER �Y &KIl' I Z tZc Jt > c Ili PHONE # ;) 6 ADDRESS--)(.oj QAC -C-7 E-MAIL I FAX # TAX ACCOUNT # SEC. TWP. RNG. DESCRIPTION OF PROJECTOR PROPOSED USE (ATTACH COVER LETTER AS NECESSARY) ,M i' U 1 �1t 1 0Q- V --c.0 i -::-4s I e) t, ca(LU c -U DESCRIBE HOW THE PROJECT MEETS APPLICABLE CODES (ATTACH COVER LETTER AS NECESSARY) o t= IS 06E A`C.+yi=n" Xh )u c TJ X, APPLICANT PHONE # ADDRESS E-MAIL FAx # CONTACT PERSON/AGENTSc , i r S�It (,,'.c 6 -c d' PHONE # ADDRESS E-MAIL FAx # The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees. By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that I am authorized to file this applicatio on the b. -half of the owner as listed below. SIGNATURE OF APPLICANT/AGENT .. DATE �/J -- I D Property Owners' Authorization certify under the penalty of perjury under the laws of the State of Washington that the f1ollowing49 a true and correct statement: I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the purposes of inspection and posting att ndant to this application. SIGNATURE OF OWNER / DATE This application form was revised on 8/10/09. Questions? Call (425) 771-0220. UkLIBRARYTLANNINGTonns & HandoutsTublic Handouts\B- Land Use Application.doc Attachment 1 PLN -2010-0064 To: Re: 10/11/2010 Cole Thompson, InsideOut Designs Michael D. Clugson, AICP RECEIVED Planner, Development Services Department City of Edmonds 425.771.0220 QCT. -11 2010 Letter of Incompleteness Non -permitted Tree Removal- Notice Intent to Impose Civil Penalties DEVELOPMENT ERER�IC�S Applicant's Statement This letter is in response to the Letter of Incompleteness as received by Mr. Scott Schrieber on September 27, 2010, and represents how all applicable standards and requirements per the development regulations ECDC 18.45 and 23.40 are being met to remedy this situation. This letter accompanies a list of all adjacent property owners within 300' of this parcel for public noticing as well. In addition, this letter also precludes a Tree Replacement Plan and Schedule as required by ECDC 23.40.220.C.7.b. It is acknowledge that (6) small Red Alder trees were removed from this property in a clean-up activity of the site for a future home construction. This was done in an attempt to maintain the sloped area of the property this is overgrowing with Alder and Blackberry. The trees removed were along the West edge of the property, and unfortunately were within the margins of a Steep Slope Critical Area. Nevertheless, all the trees removed were within the property lines, and represented a small portion of existing tree and shrub coverage. Specifically, six trees were removed from the property, listed as follows: 1- 6" (DBH) Red Alder Tree Species 5- 4" (DBH) Red Alder Trees Species See the Tree Replacement Plan L-1 for specific location of trees. Also note topography, and edge of designated Steep Slope areas. There are no existing structures or driveways, and utilities are marked per the existing survey. This survey formed the base of this drawings, and no alterations have been made to it's lines or text. As per ECDC 23.40.220.C.7.b, a plan has been produced indicating all trees removed, locations, and schedule for their installation, and an estimated cost. As per code, a 2:1 ratio has been used for tree replacement, which equals (12) new trees. The replacement areas are in and around the removal areas, and will be field marked and planted as possible via the slope. The replacement trees are a combination of two native deciduous species, Vine Maple Acer Circinafum and Amelanchier grandiflora, which will compliment and grow nicely under the existing conifers on site. All of the replacement trees will be a minimum of 1" caliper. Thank you. Cole Thompson I Project Consultant InsideOut Designs 732 N 74TH St. Seattle, WA 98103 Attachment 2 wct25@yahoo.com 1 206.849.4248 PLN -2010-0064 n molsamovm4 0 �OZ jaqo;oo 2 Oz� 6 . 1 V-OLOZ-Nld) 3Aida'dVVq 130 V1SIA10091 12 IaaalS 900 -ld iN3N�IOVUM3�1 33cli �E]913�1 6 �tl N ZU —d -OU 01-0M NV 25 t Ul § AXE X5535 w W� Oe' a a m 0 w 20 0-0 wx x www x LL o � J r f I ( � wJ zz w F� �Z, Ix F W k x (Xz w w D < < ao w w N IGGI TIE GALLI GROUP Geotechnical Consulting September 24, 2010 Project 1603-01 Scott Schreiber RonScott Construction Inc. Subject: Steep Embankment Vegetation 18007 Kairez Drive (also Vista Del Mar Drive) Edmonds, WA 98026 Permit PLN 20100064 Dear Scott: At your request a geotechnical engineer from The Galli Group visited the property referenced above to evaluate the condition of the steep slope along the west side of the lot. We understand from our conversation with you that during the process of clearing the blackberries and saplings on the slope for your boundary line survey, a complaint was filed by the neighbors. Apparently there had been confusion over the boundary and ownership and some of the clearing exceeded what was minimally necessary to conduct the boundary survey. A permit has been submitted to restore the slope as needed to stabilize the slope. On September 21, a geotechnical engineer visited the site. The slope varies in height from about 8 feet near the southern end of the lot to about 12 feet near the northern extent of the property. The slope is inclined at about 2H:1 V at its steepest, except for the portion near the northern property limit where the slope includes a Hilfiker welded wire mesh wall that is near vertical for an exposed height of about 5 feet, with an inclined embankment above it supporting the roadway into the subdivision. The slope is currently vegetated with grass, blackberries, small alder saplings, and at least one Alder that is 6 to 8 inches in diameter. It appears that most of the trees that were removed were on the order of 3 inches in diameter with the exception of one tree that appeared to be about 8 inches in diameter. There were no exposed soils on site. The area above the top of the embankment is covered with grass. The underlying soil is mapped as transitional beds on the geologic maps of the area, with advance outwash nearby. Both geologic units are glacially consolidated and tend to appear stable provided the slope is not oversteepened, subject to seepage, or compromised by denuding the vegetation. Portions of the slope appeared comprised of silty SAND which we interpreted as 503418th Avenue NE, Seattle, WA 98105 Phone: 206-525-5097 Fax: 206-525-5091 Attachment 4 PLN -2010-0064 PLN 20100064 18007 Kairez Drive Edmonds, WA 98026 fill based upon the topography. There were no visible seeps on the slope or indications of wet areas. Concentrated surface water runoff is not directed toward the slope. The fill unit and the native soils sloped in their current condition appeared stable. Given that the slope surface was covered with grass and vegetation and that there did not appear any significant erosional threats to the slope face, we concluded that the slope was not compromised by the removal of the vegetation. We don't see any need to replace the small saplings or the one tree over 6 -inches in diameter with others from an erosion or stability perspective. At some point the owner might wish to take out a permit and replant the slope surface with native plants, but we don't think that that action is necessary at this time to preserve the stability of the embankment or to prevent erosion. Please contact the undersigned if you have questions regarding our assessment. Sincerely, THE GALLI GROUP Paul L. Stoltenberg, P.E. Geotechnical Engineer yyy'- 9-24-2010 1603 RonScott Construction 2 The Galli Group K Paul L. Stoltenberg, P.E. Geotechnical Engineer yyy'- 9-24-2010 1603 RonScott Construction 2 The Galli Group Clugston, Michael From: Doug Sage [sage_cm@msn.com] Sent: Friday, December 03, 2010 3:58 PM To: Clugston, Michael Subject: PLN -2010-0064 Public Comment from Sage Mr. Clugston... This email is in response to the November 17, 2010 notice sent to my address at 9112 Olympic View Drive, Edmonds. The Notice of Development Application and Comment for the project at 18007 Vista Del Mar Drive, Edmonds is a post event permit where the Applicant removed six red alder trees in a critical area without a permit. A replacement plan is required. My comment is as follows: As you and the City know, retaining views in Edmonds is as important to owners as is maintaining critical areas is for the City and citizens. The City should also be concerned about maintaining views for the purpose a robust tax base. Our home values go up with better views. What I ask is that the selection of the replacement trees be such that they do not grow beyond twenty feet tall. Surely, there must be trees which absorb water and are well suited to the northwest climate that do not grow any taller. In my neighborhood it seems it is within the right of those along the high -bank waterfront to plant a hedge -like row of cedar / fir trees without consideration of the folks behind them. As I say, it diminishes the value of the property for the many homes behind them and does little to enhance tree planter's property. Quite simply, a view property will command higher prices than a residence with no view. That is my request and I appreciate your time. Please let me know if there are any questions on this. -Doug Sage Doug Sage Edmonds, WA 98026 (206) 295-3064 cell 12/3/2010 Attachment 5 PLN -2010-0064 H = CITY OF EDMONDS - 121 5"' AVENUE NORTH - EDMONDS, WA 98020 PHONE: 425.771.0220 • FAX: 425,771.0221 - WEB: www.ci.edmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT: PLANNING - BUILDING November 3, 2010 Scott Schrieber 761 Daley Street Edmonds, WA 98020 RE: COMPLETE APPLICATION — POST -EVENT TREE CUTTING PERMIT AT 18007 VISTA DEL MAR DRIVE (PLN -2010-0064) Dear Mr. Schrieber, Thank you for submitting the required documentation and application fees for the above - referenced permit; your application is now complete according to ECDC 20.02.003. PUBLIC NOTICE REQUIREMENTS Applicants are responsible for all notification requirements for land use applications according to ECDC 20.03. This includes mailing out the required noticing materials to adjacent property owners, publishing notice in the Everett Herald, and posting the site itself. Notice for this project must issued by Wednesday, November 17th. With this cover letter is: 1) a notice of application, 2) legal notice for the Herald, 3) a vicinity map, and 4) affidavits of posting, publishing and mailing. The notice of application and vicinity map must be mailed to the property owners within 300 feet of the subject site and posted on the sign at the site. Please use the following address for the return address on the envelopes for the mailing: City of Edmonds, Planning Division, 121 - 5th Ave. N, Edmonds, WA 98020. In addition to using this address for the return address, please also mail a copy of the notice to my attention at the same address. When you mail the notices at the Post Office, you will need to obtain a U.S. Postal Service Certificate of Mailing containing the names and addresses of all parties provided notice. While you can send the information out before November 17th, sending it out later could be a basis for denial or appeal of the application. The attached legal notice must be provided to the Everett Herald by 3:00pm two business days prior to publication. In addition to the provided text, the Herald will need your name for billing as well as your phone number and address. You can submit the ad to the Herald in any of the following ways: 1) via email to legals@heraldnet.com (a confirmation email will be sent within 24 hours of receipt), 2) via fax to 425-339-3438, 3) in person at 1213 California St, Everett, WA 98201, or 4) by mail to PO Box 930, Everett, WA 98206 attn: Legals. If you have any questions for the Herald, you may contact Jody Knoblich at 425-339-3089 or legals@heraldnet.com. A laminated notice and vicinity map must be attached to a blue sign and be posted at the site by Wednesday, November 17, 2010. The laminated documents and blue sign are available at the Planning Division. Enclosed with this letter are your original address labels to use during mailing. Attachment 6 PLN -2010-0064 No later than 14 days after the required date of posting, publishing, and mailing (December 1St), an affidavit must be submitted to the City attesting that you completed each of the required methods of notification. Additionally, you will need to submit the U.S. Postal Service Certificate of Mailing for each of the addresses the notice of application was mailed to. You can drop those documents by City Hall or mail them to my attention. If you have any questions on the noticing requirements or anything else, please contact me at 425-771-0220 or via email at michael.clugston@ei.edmonds.wa.us. Sincerely, Mike Clugston, AICP Planner Enclosures I W- I 0 :z LU 4a) U 0 C�l r, c) CL C> LLI w uj C) >, m 2: (1) 0:2 n- -0 — 0 0 (-) a N .4, - ._n mo 0- (1) a) — 0 EO C:p CD n -0(D U) = a) CD C\j N=5 a) o u 4- LU o m CL cn cu 0 La) a) CM 0 0 C: -0 1- (n o G3- w "o, 46-- 4-4 o 0 0 • o o P 72 to z-:- E M(D 0 E4� C) U CS (D 00 0 cn E (n 0 4-( v0 0 =3 cr -0 CO .j 0 CU M cn -a _0 (1) C= 0 V4 U Q) 0 > = " cr CL D- ell CU :07 E 5 0 o 0, + >1 cu (U X (nN (D ter ti cu Co w 2 +C4 -S c> .4� 0 > E E -�5 bo (D. 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STATE OF WASHINGTON) COUNTY OF SNOHOMISH) FILE NO.: PLN -2010-0064 APPLICANT: Schrieber NOY a 2010 DEVELOPCOt NT SERVICES NTER first duly sworn, on oath, depose and say: That on the day of ((- �Q _, 1 caused to be published in the Everett Herald a legal Notice of Applicat==ion, in accordance with Edmonds Community Development Code Chapter 20.03, a copy of which is attached. Signed Subscribed and sworn to before me this 2�alfi day ofc-�nt�6WL Notary Public in and for the State of Washington. ty, Residing 2te'^�5. IN A FILE NO.: PLN -2010-0064 APPLICANT: Schrieber pcv�LO �fl� 3E��V�G� STATE OF WASHINGTON) COUNTY OF SNOHOMISH) z 1/j', e . First duly sworn, on oath, depose and say: That on the L�j - day of I (- [d , the attached Notice of Application was posted on or near the subject property, in accordance with Edmonds Community Development Code Chapter 20.03. Signed - - - ��— Subscribed and sworn to before me this '-7-9 day of krJ0Uft6 --- , 2-0(0, �S ON' G �3 12 d S A Notary Public in and for the State of Washington. '13 A3f a, 5- Residing at m� F STATE OF WASHINGTON) COUNTY OF SNOHOMISH) File Number: PLN -2010-0064 Applicant: Schrieber I, �.4first duly sworn, on oath, depose and say: That on the L day of the attached Notice of Development Application was mailed as required to adjacent property owners, in accordance with Edmonds Community Development Code Chapter 20.03. <:�S_Signed Subscribed and sworn to before me this 2-9 day of bM''.- , 2cj« Notary Public in and for the State of Washington. Residing at DNYP-�, iN✓i,