StaffReport_CU-2012-10+Attachments.pdf
CITY OF EDMONDS
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121 5 Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.EdmondsWA.gov
DEVELOPMENT SERVICESDEPARTMENT • PLANNING DIVISION
PLANNING DIVISION ADMINISTRATIVE REVIEW
FINDINGS, CONCLUSIONS, & DECISION
Project: Kay Montana (& Donald Randall) Tree Cutting Conditional Use Permit at 9420
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190Street SW located in the RS-12 zone.
File Number: PLN20120010
Date of Report: June 29, 2012
I have determined that the application is complete and have reviewed the
TREE CUTTING PERMIT application pursuant to Chapters 18.45, 20.02, Title 23
of the Edmonds Community Development Code as well as the Comprehensive
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Plan .
Reviewed By: ____________________________
Gina Janicek, Associate Planner
INTRODUCTION
The purpose of the Land Clearing and Tree Cutting chapter (ECDC 18.45) is to provide regulations for the
clearing of and for the protection and preservation of trees and associated significant vegetation. The
site is developed with a single family home and the neighborhood contains many large mature
evergreen trees. There is a stand of 8 western red cedars along the toe of the slope in the SW corner of
the lot. These trees are called out on the site plan (Attachment 3). An ISA certified arborist reviewed
the site conditions and provided a recommendation in her report (Attachment 4). The ownership of the
property has changed hands since it was initially submitted, so both past (Kay Montana) and present
owners (Donald Randall) have signed the land use application form (Attachment 2). The application at
hand requests to remove 2 or 3 of the red cedars while also pruning and thinning the crowns of the
remaining 5 or 6 trees. The arborist report notes that the trees in question have been repeatedly
“topped.” This practice has resulted dense canopies and poorly structured trees.
This site is located in a single-family neighborhood in Edmonds (Attachment 1). All of the properties in
this neighborhood are also zoned Single-Family Residential (RS-12 and RS-10). Because the owner is
proposing to remove trees on or near a slope, a tree cutting permit is required. Approval of a tree
cutting permit requires compliance with Edmonds Community Development Code (ECDC) Chapters
18.45 (tree cutting), 20.02 (type II permits), Title 23 (critical areas) and the Comprehensive Plan.
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All Edmonds Community Development Code (ECDC) citations can be accessed online at www.EdmondsWA.gov.
Montana/Randall Tree Removal
PLN20120010
FINDINGS AND CONCLUSIONS
1.GENERAL INFORMATION
Request: To remove 2 or 3 western red cedar (Thuja plicata) evergreen trees on a residential
a.
property (Attachments 3 and 4).
b.Review Process: Administrative conditional use (CU) permit “Type II” decision subject to ECDC
20.02. Planning staff reviews the project and issues a decision.
c.Owner/Applicant: Katharine Montana (previous owner) and Donald Randall (new owner)
(Attachment 2).
d.Tax Parcel Number: 00434600006203.
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e.Location: 9420 190 Place SW, Edmonds WA 98020 (Attachment 1).
Zoning: Single-Family Residential (RS-12).
f.
g.Acreage / Square Footage: Approximately 0.46 acres (Attachment 1).
Existing Use: One single-family residential home.
h.
i.Proposed Use: No change – proposal is for tree removal only.
Shoreline Management: The site is not subject to Shorelines of the State regulations.
j.
k.SEPA: The proposal is not subject to review under the State Environmental Policy Act.
Comprehensive Plan Designation: “Single Family – Resource.”
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m.Access / Street: 190 Place SW is considered a “Local Street” and provides access to the
property via an existing driveway.
2.TECHNICAL COMMITTEE
This application was reviewed by the Fire District, Building Division, Engineering Division, Parks and
Recreation Department, and the Public Works Department. The Engineering Division provided
comments: All work shall take place on private property, including the staging of equipment for tree
removal. Prior to removing trees, slope shall be stabilized with jute mat per standard detail, attached
(Attachment 5).
3.APPLICATION AND STAFF REVIEW COMPLIANCE (ECDC 20.02)
This application is processed pursuant to ECDC 20.02 (“Type II” staff decision with notice required). The
application was submitted on March 13, 2012 and determined to be complete on April 27, 2012. Notice
was published/posted/mailed on May 11, 2012, which satisfies the requirements of ECDC 20.02. No
written public comments were received; however, neighbor William Wilson asked to be notified of the
decision.
4.COMPREHENSIVE PLAN COMPLIANCE
Page 82-83 of the Comprehensive Plan discusses goals and policies for vegetation and wildlife, including
the following:
B.2. The removal of trees should be minimized particularly when they are located on steep slopes
or hazardous soils…
B.3. Trees that are diseased, damaged, or unstable should be removed.
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Montana/Randall Tree Removal
PLN20120010
B.4. Grading should be restricted to building pads and roads only. Vegetation outside these
areas should be preserved.
No more than 3 of the 8 trees are proposed to be removed – the hedge will remain mostly intact. No
grading is proposed. The arborist report notes that the trees were previously damaged by the practice
of topping, and damaged trees should be removed. The proposed conditions of approval will ensure
that the permit is consistent with the policies of the Comprehensive Plan.
5.LAND CLEARING AND TREE CUTTING COMPLIANCE (ECDC 18.45)
a.ECDC Section 18.45.030 exempts clearing on an improved single-family lot, except for that
portion of the lot that is located in an environmentally sensitive area or for that portion of the
lot that is located within 25 feet of any stream or wetland or that has slopes exceeding 25%.
Routine landscape maintenance (i.e., tree trimming and ground cover management which is
undertaken by a person in connection with the normal maintenance and repair of property) and
gardening are also exempt.
b.The trees that are proposed to be removed are located within an environmentally sensitive area
(at the base of a 30-40% slope).
c.Some of the purposes of the land clearing and tree cutting code listed in ECDC 18.45.000
include:
i.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 improved or partially
improved property.
ii.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.
iii.To aid in the stabilization of soils, and to minimize erosion and sedimentation.
iv.To preserve and enhance wildlife and habitat including streams, riparian corridors, wetlands
and groves of trees.
d.ECDC 18.45.050.B states that trees shall be retained to the maximum extent feasible.
e.ECDC 18.45.070 gives the city authority to require replacement trees of up to three trees for
each tree removed.
There is little room on the property to plant new trees. No tree replacement was proposed and no tree
replacement is recommended in this instance, as the hedge will remain mostly intact and thinning
it out should increase safety.
6.CRITICAL AREAS COMPLIANCE (ECDC Title 23)
File CRA-1996-101 found that critical areas (geologically hazardous areas) exist on and adjacent to the
property. Because there are slopes on the property, a tree cutting permit is required. ECDC
23.40.220(C)(7) describes allowed activities in critical areas, such as select vegetation removal. It says
that “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.” It goes on to say that, “the land owner shall replace any trees
that are removed with new trees with a ratio of two replacement trees for each tree removed within one
year in accordance with an approved restoration plan.” In this case, the arborist does not recommend
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Montana/Randall Tree Removal
PLN20120010
any replacement trees. The property already contains many trees. Pursuant to ECDC 23.40.160, any
alteration to a critical area, unless otherwise provided for in Title 23, shall be reviewed and approved,
approved with conditions, or denied based on the proposal’s ability to comply with all of the following
criteria:
a.The proposal minimizes the impact on critical areas in accordance with ECDC 23.40.120,
Mitigation sequencing;
b.The proposal does not pose an unreasonable threat to the public health, safety, or welfare on
or off the development proposal site;
c.The proposal is consistent with the general purposes of this title and the public interest;
d.Any alterations permitted to the critical area are mitigated in accordance with ECDC 23.40.110,
Mitigation requirements;
e.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
f.The proposal is consistent with other applicable regulations and standards.
The reason for the tree removal is to increase safety by thinning the crowns of the live trees and by
removing 2-3 of the smaller trees in order to make room for the larger trees to thrive. The crowns
will be thinned, but the work will be done by an ISA Certified Arborist, who will protect the
livelihood of the remaining trees. The remaining trees will still provide habitat for nesting birds
and wildlife, especially if they are converted to wildlife snags instead of being removed completely.
Regular maintenance on the remaining trees is in the interest of the property owner and
neighborhood. With conditions, the proposal should be in compliance with the critical areas
ordinance.
7.PROPOSAL SUBMITTED
a.The proposal by the arborist is to remove 2 or 3 of the smaller trees (in a row of 8 Western Red
Cedars) and prune the crowns of the remaining trees. The canopies would be thinned to a
maximum of 15% of the overall crown, reducing the co-dominance and deadwood. The report
notes that the pruning should be done by an ISA Certified Arborist who is trained in proper
pruning practices and is bonded and insured.
b.No replacement trees are indicated, because the reason for the tree removal is due to over-
crowding.
c.The arborist (and the city) does not recommend topping, because it increases the hazard
potential for the trees by reducing the structural integrity of the tree. The report notes that the
trees have been topped for view pruning at least two times in the past, resulting in (1) dense
crowns from multiple co-dominant leaders, and (2) some decay at topping cut locations.
d.The trees are located at the base of a slope (30-40%).
e.The report indicates that the functional value of the trees is to help pump water into the
atmosphere, to help stabilize the slope, to provide habitat for nesting wildlife, they have an
aesthetic value, and they are native to our Pacific NW (wet/dry) climate.
The proposal, with conditions, is found to be compliant with ECDC Chapters 18.45, 20.02, Title 23, and
the Comprehensive Plan.
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Montana/Randall Tree Removal
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DECISION
Based on the Findings of Fact, Conclusions, and Attachments to this report, the following decision is
issued by the City of Edmonds Planning Division. The Tree Cutting permit as proposed is APPROVED
with the following conditions:
1.All work shall take place on private property, including the staging of equipment for tree removal.
2.Prior to removing trees, slope shall be stabilized with jute mat per standard detail, attached
(Attachment 5).
3.Remove (no more than) 3 of the smaller trees (or convert them into wildlife snags) and prune the
crowns of the remaining trees. Thin the canopy of each of the trees to a maximum of 15% of the
overall crown, reducing the co-dominance and deadwood. All work shall be performed by a
Certified Arborist and shall follow the recommendations of the arborist report submitted by
Kathleen C. Day, Certified Arborist, ISA-PNW-0185. (Attachment 4).
APPEALS AND RECONSIDERATIONS:
Pursuant to ECDC 18.45.060, “Any person aggrieved by the decision of the staff regarding a clearing
permit may appeal such decision to the hearing examiner within 10 working days of the date of the
decision. The appeal shall comply with the provisions of Chapter 20.06ECDC.” Therefore, appeals
(including the $365 appeal fee) must be received by the Planning Division no later than 4:00 PM on July
16, 2012.
NOTICE TO THE COUNTY ASSESSOR:
The property owner may, as a result of the decision rendered by the staff, request a change in the
valuation of the property by the Snohomish County Assessor’s Office.
PARTIES OF RECORD:
Katharine A. Montana Planning Division
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9420 190Place SWEngineeringDivision
Edmonds WA 98020
Donald Randall William Wilson
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9420 190 Place SW 19120 94 West
Edmonds WA 98020 Edmonds WA 98020
ATTACHMENTS:
1.Zoning Map
2.Land Use Application
3.Site Plan
4.Arborist Report
5.Department Memo
6.Public Notice Documentation
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Zoning Map
Montana / Randall
Tree Cutting Permit
RS-10
File PLN20120010
RS-12
010020030050Feet
9420 190th Pl. SW